State Department staff reviewing material to possibly give to Congressional committees examining the September 2012 Benghazi terrorist attack discover emails sent by former Clinton aide Jake Sullivan to a personal email address belonging to Clinton.
In ensuing weeks, senior department officials discuss if the Federal Records Act (FRA) requires the department to turn over emails from such personal accounts. In fact, the act does require emails to be turned over if they are work-related. However, an internal investigation will later determine that the department does not notify the National Archives and Records Administration (NARA) of a potential loss of records at any point in time. Furthermore, none of Clinton’s emails are given to any Congressional committee in 2013, nor are they provided in response to any Freedom of Information Act (FOIA) requests that year.
According to department official Heather Higginbottom, Secretary of State John Kerry is not a part of these discussions or decisions. (US Department of State, 5/25/2016)
Around this debate period, on August 7, 2013, department officials find 17 FOIA requests relating to Clinton in their records, with some of them specifically requesting Clinton emails. But none of the requesters are told about any of Clinton’s emails apparently due to the result of this debate.
Clinton’s personal email address will be rediscovered in May 2014 after a document request from the new House Benghazi Committee.