October 2015—Mid-May 2016: Hackers, alleged to be Russian, target almost 4,000 Google accounts related to US politics.

Center for American Progress logo (Credit: public domain)

Center for American Progress logo (Credit: public domain)

According to a June 17, 2016 Bloomberg News article, during this time period, the same allegedly Russian hackers who breach the computers of the DNC [Democratic National Committee] and Clinton’s presidential campaign “[burrow] much further into the US political system, sweeping in law firms, lobbyists, consultants, foundations, and the policy groups known as think tanks, according to a person familiar with investigations of the attacks.” Almost 4,000 Google accounts are targeted by “spear phishing,” which involves tricking targets to give log-in information so their data can be accessed. The Center for American Progress, a think tank with ties to Clinton and the Obama administration, is one known target.

Bloomberg News will further report that, “Based on data now being analyzed, various security researchers believe the campaign stems from hackers linked to Russian intelligence services and has been broadly successful, extracting reams of reports, policy papers, correspondence and other information.”

The Russian government denies any involvement, but cybersecurity experts who have investigated the attacks believe the hackers are working for Russia. It is believed that either or both of two major Russian hacking groups, Fancy Bear (or APT 28) and Cozy Bear (or APT 29) are behind the attacks. (Bloomberg News, 6/17/2016)

October 2, 2015: The company that makes a back-up of Clinton’s server data is given permission to share the data with the FBI.

Platte River Networks (PRN) has been managing Clinton’s private server since June 2013, and since that time they used the service of another company, Datto, Inc., to make back-ups of the data on the server. As a result, they need PRN’s permission to share data.

Austin McChord, founder and CEO of Datto, Inc. (Credit: Erik Traufmann / HearstCTMedia

Austin McChord, founder and CEO of Datto, Inc. (Credit: Erik Traufmann / Hearst Connecticut Media)

On this day, David Kendall, Clinton’s personal lawyer, and PRN agree to allow Datto to turn over the data from the backup server to the FBI. This is according to an unname person familiar with Datto’s storage, quoted in McClatchy Newspapers four days later.

Datto says in a statement that “with the consent of our client and their end user, and consistent with our policies regarding data privacy, Datto is working with the FBI to provide data in conjunction with its investigation.”

However, according to McClatchy Newspapers, the unnamed source says “that Platte River had set up a 60-day retention policy for the backup server, meaning that any emails to which incremental changes were made at least 60 days prior would be deleted and ‘gone forever.’ While the server wouldn’t have been ‘wiped clean,’ the source said, any underlying data likely would have been written over and would be difficult to recover.” (McClatchy Newspapers, 10/6/2015)

It appears that the FBI does get data from Datto over the next couple of weeks, because an October 23, 2015 letter from Datto to the FBI will refer to some Datto back-up data that is now in the FBI’s possession. (US Congress, 9/12/2016)

A Datto back-up device was attached to the server, and the data was backed up to the “cloud” as well. It is unknown if the FBI ever gets useful data from the cloud copy.

October 3, 2015: The FBI picks up the most recent Clinton email server, which is still being used by Clinton.

An inside look at the Equinix facility in Secaucus, NJ. (Credit: Chang W. Lee / New York Time)

An inside look at the Equinix facility in Secaucus, New Jersey. (Credit: Chang W. Lee / New York Time)

Although the mainstream media in 2015 generally mentions only one Clinton email server, there actually are two in existence at this time. Both are located at an Equinix data center in Secaucus, New Jersey, and both are managed by Platte River Networks (PRN).

Clinton’s emails and other data had been transferred from the old server (which the FBI will later call the “Pagliano Server”) to the new server (which the FBI will call the “PRN Server”) in late June 2013, leaving the old server mostly empty but still running. On August 12, 2015, the FBI only picked up the old server for analysis.

A September 2016 FBI report will explain, “At the time of the FBI’s acquisition of the Pagliano Server, Williams & Connolly [the law firm of Clinton’s personal lawyer David Kendall] did not advise the US government of the existence of the additional equipment associated with the Pagliano Server, or that Clinton’s clintonemail.com emails had been migrated to the successor PRN Server remaining at Equinix. The FBI’s subsequent investigation identified this additional equipment and revealed the email migration.”

The report will continue, “As a result, on October 3, 2015, the FBI obtained, via consent provided by Clinton through Williams & Connolly, both the remaining Pagliano Server equipment and the PRN Server, which had remained operational and was hosting Clinton’s personal email account until it was disconnected and produced to the FBI.” (Federal Bureau of Investigation, 9/2/2016)

October 5, 2015—October 19, 2015: The company managing Clinton’s private server gives permission for another company to cooperate with Congressional investigators, and then takes it away.

On October 5, 2015, Steven Cash, a lawyer for Datto, Inc., receives a letter from Senator Ron Johnson (R), chair of the Senate Homeland Security and Government Affairs Committee. Johnson’s is conducting oversight of the FBI’s Clinton investigation and he wants Datto to answer questions and turn over copies of documents by October 19, 2015. Platte River Networks (PRN) is managing Clinton’s private server, and they have subcontarcted with Datto to provide back-up services. As part of Datto’s contact with PRN, Datto needs PRN’s permission before they can share any information relating to the case.

Ken Eichner (Credit: public domain)

Ken Eichner (Credit: public domain)

So the next day, Cash emails Ken Eichner, lawyer for PRN, and asks permission.

Eichner emails him back later that same day, “Steven, no objection.” (US Congress, 9/12/2016)

However, on October 19, 2015, the date of the deadline set by the committee, Datto sends the committee saying the company can’t answer most questions because although PRN originally gave Datto permission, “counsel to Platte River withdrew their previous non-objection, and objected to any further disclosure of confidential information to the committee. Consequently, Datto is not authorized to disclose such information absent consent from its client, Platte River, or unless required by law or by order of court or governmental agency.”

Andy Boian (Credit: public domain)

Andy Boian (Credit: public domain)

On November 13, 2015, PRN spokesperson Andy Boian will be quoted in a Politico article, saying, “There was a suggestion by our legal counsel and the legal counsel of Datto that everything has been turned over regarding the Clinton matter by Datto, so there wasn’t an extraordinary need for Datto to do anything else. There wasn’t anymore information that Datto could provide that Platte River couldn’t, so there was a suggestion that any inquiry that goes to Datto … comes through us. And that’s just out of pure convenience.” (Politico, 11/13/2015)

The next day, Cash will email Eichner again and complain that the “description of communications between Platte River and Datto counsel attributed to Mr. Boian is not accurate, and leaves the reader with a distinctly false impression.” Cash points out that he is the only Datto lawyer who has talked to any PRN lawyers, so he knows this quote is untrue. He sends a copy of this complaint to Senator Johnson. (US Congress, 9/12/2016)

The idea that Datto has no other information to provide is clearly untrue. It will turn over documents containing previously released information after they are served subpoena to do so in September 2016.

October 7, 2015: A judge will not order an independent review of which Clinton emails are personal or work-related.

US District Court Judge Reggie Walton says that he does not believe he has the authority to order such a review. Judicial Watch has filed a Freedom of Information Act (FOIA) lawsuit seeking all of her work emails, and they want to know if there in fact are some work emails in the ones Clinton decided were personal. The issue presumes that she still has copies of the over 31,000 emails she had deleted off her private server.

Walton says, “I would order the State Department make the request of her to produce specifically any State Department-related information in her emails. I can’t in my view order that the State Department do any more than that.” Another judge has already ordered the public release of all the emails that Clinton decided were work-related. (Politico, 10/7/2015)

October 8, 2015: A judge wants to coordinate the lawsuits about Clinton’s emails.

Judge Richard W. Roberts (Credit: The Council on Legal Education Opportunity)

Judge Richard W. Roberts (Credit: The Council on Legal Education Opportunity)

Chief US District Judge Richard W. Roberts writes in a court order that the many legal cases about Clinton’s emails do not meet the usual criteria for consolidation but: “The judges who have been randomly assigned to these cases have been and continue to be committed to informal coordination so as to avoid unnecessary inefficiencies and confusion, and the parties are also urged to meet and confer to assist in coordination.” (The Wall Street Journal, 10/8/2015)

October 8, 2015: President Obama calls Clinton’s use of a private email server a “mistake,” but also says, “I don’t think it posed a national security problem.”

President Obama in a 60 Minutes interview that aired October 11, 2015. (Credit: CBS News)

President Obama in a 60 Minutes interview that aired October 11, 2015. (Credit: CBS News)

In a 60 Minutes interview, he goes on to say, “This is not a situation in which America’s national security was endangered.” He adds that, “We don’t get an impression that there was purposely efforts […] to hide something or to squirrel away information,”

However, several days later a White House spokesperson says Obama will wait for the Justice Department investigation’s determination about that. Politico will later comment, “Agents and retired FBI personnel told journalists the comments were inappropriate given the fact that the FBI inquiry was ongoing.” (The Associated Press, 10/13/2015(CNN, 10/13/2015) (Politico, 3/9/2016)

October 12, 2015: Cheryl Mills says Clinton’s use of a private email server should have been done differently.

Clinton’s former chief of staff Cheryl Mills is interviewed by the Washington Post. She says regarding Clinton’s use of a private server, “gosh, if you could do it again, you’d just do it again differently…” She says, “I wish there had been a lot more thought and deliberation around it,” but she was not involved in its set-up or discussions about it. She also doesn’t recall having discussions about security vulnerabilities. (The Washington Post, 10/12/2015)

October 13, 2015: The White House backtracks on President Obama’s comments about Clinton’s email scandal.

Josh Earnest (Credit: Politico)

Josh Earnest (Credit: Politico)

Obama asserted that while Clinton’s use of a private email server was a “mistake,” he doesn’t “think it posed a national security problem.” White House press secretary Josh Earnest says that Obama’s comments were made “based on what we publicly know now.” Earnest adds that those comments “certainly [were] not an attempt, in any way, to undermine the importance or independence of the ongoing FBI investigation.” (CNN, 10/13/2015

Despite the backtracking, Obama will make very similar comments in April 2016. (MSNBC, 4/10/2016)

October 13, 2015: Clinton’s private server was especially vulnerable to hacker attacks.

Clinton checks her phone at the United Nations Security Council on March 12, 2012. (Credit: Richard Drew / The Associated Press)

Clinton checks her phone at the United Nations Security Council on March 12, 2012. (Credit: Richard Drew / The Associated Press)

The Associated Press reports that “The private email server running in [Clinton’s] home basement when she was secretary of state was connected to the Internet in ways that made it more vulnerable to hackers, according to data and documents reviewed by the Associated Press. […] Experts said the Microsoft remote desktop service [used on the server] wasn’t intended for such use without additional protective measures, and was the subject of US government and industry warnings at the time over attacks from even low-skilled intruders.” (The Associated Press, 10/13/2015) 

One anonymous senior National Security Agency (NSA) official comments after reading the Associated Press report, “Were they drunk? Anybody could have been inside that server—anybody.” (The New York Observer, 10/19/2015)

October 13, 2015: Sanders says he’s sick of hearing about Clinton’s “damn emails.”

Senator Bernie Sanders and Hillary Clinton shake hands moments after his "damn emails" comment during the first Democratic primary debate. (Credit: Reuters)

Senator Bernie Sanders and Hillary Clinton shake hands moments after his “damn emails” comment during the first Democratic primary debate. (Credit: Reuters)

In the first Democratic primary debate, Senator Bernie Sanders, Clinton’s main rival for the Democratic nomination, addresses Clinton’s email scandal. “Let me say this. Let me say something that may not be great politics. But I think the secretary is right. And that is that the American people are sick and tired of hearing about your damn emails!”

Clinton responds, “Thank you. Me too. Me too.” Then the two of them shake hands.

According to the Los Angeles Times: “The crowd went wild. So did the Internet.” (The Los Angeles Times, 10/13/2015

Sanders will continue to avoid criticizing Clinton about her emails in the months that follow. Some of Sanders’ allies are disappointed that he doesn’t frequently attack Clinton on the issue. Former Senator Bob Kerrey (D), a Clinton supporter, will later say, “The email story is not about emails. It is about wanting to avoid the reach of citizens using FOIA”—the Freedom of Information Act—“to find out what their government is doing, and then not telling the truth about why she did.” (The New York Times, 4/3/2016)

October 15, 2015: A Republican Congressperson calls the House Benghazi Committee biased against Clinton.

Representative Richard Hanna (Credit: Congressional Pictorial Directory)

Representative Richard Hanna (Credit: Congressional Pictorial Directory)

Representative Richard Hanna says, “This may not be politically correct, but I think that there was a big part of this investigation that was designed to go after people—an individual: Hillary Clinton.” His comments are notable because Hanna is Republican and the committee is run by Republicans. (The Syracuse Post-Standard, 10/15/2015)

October 16, 2015: A former FBI official claims that many FBI agents are upset about Obama’s comments.

A graphic that appears during Megyn Kelly’s interview with James Kallstrom. (Credit: Fox News)

Former FBI Assistant Director James Kallstrom is interviewed by Fox News reporter Megyn Kelly about President Obama’s comments on October 8, 2015 regarding the FBI’s Clinton email investigation. He says, “I know some of the agents, Megyn.  I know some of the supervisors and I know the senior staff.  And they’re P.O.ed [pissed off], I mean, no question. This is like someone driving a nail, another nail into the coffin of the criminal justice system and what the public thinks about it.”

He adds that he doesn’t think the FBI investigators will allow Obama’s comments to affect them. And he concludes, “[I]f it’s a big case and it’s pushed under the rug, they won’t take that sitting down.” (Fox News, 10/16/2015)

 

October 16, 2015: Clinton had access to a secure cell phone when she traveled, but usually used her unsecure BlackBerry instead.

151016phoneonclintonsairplane_cnn

Clinton’s State Department jet offered phone lines for secure and non secure calls. (Credit: CNN)

While interviewed under oath by the House Benghazi Committee, Clinton’s former deputy chief of staff Huma Abedin reveals that when Clinton traveled a secure cell phone usually traveled with her. “We didn’t need to use it very often because she was always within close enough proximity with an actual hard line secure phone, but now that you’ve asked me, I actually do remember that on occasion there was a secure cell phone.” She ends up admitting that Clinton traveled with the phone most of the time. Sometimes it was carried by Abedin, and sometimes by other Clinton aides. (House Benghazi Committee, 10/16/2015)

 

October 16, 2015: Clinton had trouble with her secure fax machines. so she only used them “very little.”

Huma Abedin, center, a longtime aide to Democratic presidential candidate Hillary Rodham Clinton, returns to a hearing room on Capitol Hill in Washington, Friday, Oct. 16, 2015, after a break in hearing testimony during a closed-door hearing of the House Benghazi Committee. (AP Photo/Jacquelyn Martin)

Huma Abedin (center) enters a hearing held by the House Benghazi Committee on October 16, 2015. (Credit: Jacquelyn Martin / The Associated Press)

While interviewed under oath by the House Benghazi Committee, Clinton’s former deputy chief of staff Huma Abedin says that Clinton “absolutely used the secure phones” installed in her houses in Washington, DC, and Chappaqua, New York. However, “The secure fax was deployed very little, mostly because we often had technical challenges receiving the faxes. She sometimes struggled with the equipment and…”

Abedin is interrupted with a recollection of an email in which she wrote, “Don’t ever use the fax machine.”

Abedin replies, “Yes. It was so maddening to try and execute it without there being some challenge, so, you know, secure faxes, we pretty quickly gave up on. And when she was in Washington, it was very convenient to have a pouch delivered. She often had a pouch delivered anyway. She lived in very close proximity to the State Department so we would just ask those documents to be included in the pouch.” Documents were delivered by courier to Clinton in Chappaqua as well. (House Benghazi Committee, 10/16/2015)

October 16, 2015: Huma Abedin is interviewed under oath; she claims she knew Clinton exclusively used a private email address, but very few other State Department officials did.

Clinton’s former deputy chief of staff Huma Abedin is interviewed under oath by the House Benghazi Committee. She makes the following claims in her testimony:

Huma Abedin arrives to testify at a hearing before the House Benghazi Committee on Oct. 16, 2015. (Credit: Saul Loee / Agence France Presse / Getty Images)

Huma Abedin arrives to testify at a hearing before the House Benghazi Committee on Oct. 16, 2015. (Credit: Saul Loee / Agence France Presse / Getty Images)

  • While she was at the State Department she was aware that Clinton exclusively used a personal email account for all her email communications. However, although many higher-ups in the State Department know Clinton used a personal email account, none of them knew that she used it exclusively.
  • Asked if she ever had any conversation with Clinton “about using personal email versus official email” prior to Clinton becoming secretary of state, Abedin replies, “It doesn’t mean it’s out of the realm of possibility, but I don’t recall any specific conversations with her.”
  • When asked if she was aware that Clinton’s email account was maintained on a private server, she replies, “I know it was an email address that was provided by the IT [information technology] person in President Clinton’s office. [She later identifies this as Justin Cooper.] I’m not certain that I was aware of what server it was on or not on.” However, she says she was “absolutely” certain it wasn’t on a State Department server.
  • She had three email accounts: a state.gov one, a Yahoo mail one, and a clintonemail.com one.
  • Anyone who asked for Clinton’s private email address was given it, and she doesn’t recall a time when a person was denied it.
  • 151016BlumenthalClintonWars

    Sidney Blumenthal’s memoir of his four years as a presidential assistant to Bill Clinton. (Credit: public domain)

    She knew Sid Blumenthal well from her earlier work under the Clintons going back to when Bill Clinton was president, she never saw him at the State Department and didn’t have communication with him by phone or email. She was only dimly aware of how often he emailed Clinton because she would print out his emails for Clinton sometimes.

  • She had a “top secret” security clearance while she worked at the State Department but it lapsed shortly after she left the department in early 2013 and she doesn’t have one anymore. (House Benghazi Committee, 10/16/2015)

 

October 16, 2015: Clinton’s lawyer gives the FBI two BlackBerrys that prove useless to the FBI’s Clinton investigation.

151016DavidKendallAFPGetty

David Kendall (Credit: Agence France Presse / Getty Images)

On this day, Williams & Connolly, the law firm of Clinton’s personal lawyer David Kendall, gives two BlackBerrys to the FBI and indicates they might contain or have previously contained emails from Clinton’s tenure as secretary of state. But FBI forensic analysis will find no evidence that either BlackBerry were ever connected to one of Clinton’s personal servers or contained any of her emails. The two BlackBerrys don’t even contain SIM cards or Secure Digital (SD) cards.

The FBI determines that Clinton used 11 BlackBerrys while secretary of state, and two more using the same phone number, but these two BlackBerrys are not any of those. (Federal Bureau of Investigation, 9/2/2016)

October 16, 2015: FBI agents are upset at President Obama’s comment that he thinks Clinton made a mistake but didn’t endanger national security

The J. Edgar Hoover Building, headquarters of the FBI in Washington, DC. (Credit: Aude / Wikimedia Commons)

The J. Edgar Hoover Building, headquarters of the FBI in Washington, DC. (Credit: Aude / Wikimedia Commons)

The New York Times reports that although the White House backtracked later, “Those statements angered FBI agents who have been working for months to determine whether Mrs. Clinton’s email setup did in fact put any of the nation’s secrets at risk, according to current and former law enforcement officials. Investigators have not reached any conclusions about whether the information on the server was compromised or whether to recommend charges, according to the law enforcement officials. But to investigators, it sounded as if Mr. Obama had already decided the answers to their questions and cleared anyone involved of wrongdoing.”

Ron Hosko, who was a senior FBI official until he retired in 2014, says, “Injecting politics into what is supposed to be a fact-finding inquiry leaves a foul taste in the FBI’s mouth and makes them fear that no matter what they find, the Justice Department will take the president’s signal and not bring a case.” (The New York Times, 10/16/2015

An unnamed upset FBI agent at the Washington Field Office, where the investigation is based, says, “We got the message. […] Obama’s not subtle sometimes.” (The New York Observer, 10/19/2015)

October 19, 2015—November 13, 2015: An invoice shows the company managing Clinton’s server has billed Clinton for legal and PR expenses, but Clinton allegedly never gets the invoice.

A snippet from the invoice published by Complete Colorado on October 19, 2015. (Credit: Todd Shepherd / Complete Colorado) (Used with express permission from CompleteColorado.com. Do not duplicate or republish.)

On October 19, 2015, Complete Colorado reports that Platte River Networks (PRN), the company managing Clinton’s private server, drafted an invoice to Clinton’s representatives, asking to be reimbursed for legal and public relations (PR) expenses relating to the Clinton email controversy.

The invoice totals at least $44,000, but it may be incomplete. The expenses were incurred from late July 2015 to mid-September 2015. The only PRN employee mentioned by name in the invoice is Paul Combetta. In September 2016, it will be revealed that he was one of two PRN employees handling Clinton’s server, and he deleted all of Clinton’s emails from the server. (Complete Colorado, 10/19/2015)

However, on November 13, 2015, Politico will report that the Clinton campaign says Clinton is not paying PRN’s legal and PR bills, and Clinton never received the invoice. (Politico, 11/13/2015)

October 19, 2015: A Congressperson says a President Clinton could be quickly impeached due to her email scandal.

Representative Mo Brooks (Credit: Public Domain)

Representative Mo Brooks (Credit: Public Domain)

Representative Mo Brooks (R) says that his concern with Clinton’s use of a private email server is “how many lives she put at risk by violating all rules of law that are designed to protect America’s top secret and classified information from falling into the hands of our geopolitical foes who then might use that information to result in the deaths of Americans. […] [S]he will be a unique president if she is elected by the public next November [2016], because the day she’s sworn in is the day that she’s subject to impeachment because she has committed high crimes and misdemeanors.” (The Huffington Post, 10/19/2015)

A few days later, Clinton reacts to the impeachment threat: “It’s just laughable! It’s so totally ridiculous. […] It perhaps is good politics with… the most intense, extreme part of [the Republican] base.” (Politico, 10/23/2015)

October 21, 2015: Democrats on the House Benghazi Committee release the closed door testimony of Clinton’s former chief of staff Cheryl Mills.

Her testimony took place on September 3, 2015. Only minor redactions are made. They do this without the permission of the Republicans heading the committee, claiming they were forced to do it “in order to correct the public record after numerous out-of-context and misleading Republican leaks.” This comes just one day before Clinton is due to testify in public before the committee. (House Benghazi Committee, 10/21/2015) (House Benghazi Committee, 10/21/2015)

October 22, 2015: Clinton incorrectly claims under oath that her lawyers “went through every single email” before deleting some.

Representative Jim Jordan (Credit: public domain)

Representative Jim Jordan (Credit: public domain)

During Clinton’s testimony under oath before the House Benghazi Committee, Representative Jim Jordan (R) asks Clinton questions about how her emails from her tenure as secretary of state were sorted and some of them deleted in late 2014. He asks, “You have stated that you used a multi-step process to determine which ones were private, which ones were public, which ones belonged to you and your family, which ones belonged to the taxpayer. Who oversaw this multi-step process in making that determination which ones we might get and which ones that were personal?”

Clinton replies, “That was overseen by my attorneys and they conducted a rigorous review of my emails…”

Jordan visually identifies the three lawyers who were known to be involved in the sorting process — David Kendall, Cheryl Mills, and Heather Samuelson — because they are sitting right behind Clinton in the hearing, and Clinton confirms those are the ones. He then asks Clinton what she means by “rigorous.”

Sitting behind Clinton at the Benghazi committee hearing are, starting left in order of appearance, Heather Samuelson, Jake Sullivan, (unidentified man), Cheryl Mills, Katherine Turner and David Kendall. (Credit: Getty Images)

Sitting behind Clinton at the Benghazi committee hearing are, starting left in order of appearance, Heather Samuelson, Jake Sullivan, Phil Schiliro, Cheryl Mills, Katherine Turner and David Kendall. (Credit: Getty Images)

Clinton explains, “It means that they were asked to provide anything that could be possibly construed as work related. In fact, in my opinion — and that’s been confirmed by both the State Department…”

Jordan interrupts, “But I’m asking how — I’m asking how it was done. Was — did someone physically look at the 62,000 emails, or did you use search terms, date parameters? I want to know the specifics.”

Clinton responds, “They did all of that, and I did not look over their shoulders, because I thought it would be appropriate for them to conduct that search, and they did.”

Then Jordan asks, “Will you provide this committee — or can you answer today — what were the search terms?”

Clinton answers, “The search terms were everything you could imagine that might be related to anything, but they also went through every single email.”

When asked for more specifics, she says, “I asked my attorneys to oversee the process. I did not look over their shoulder. I did not dictate how they would do it. I did not ask what they were doing and how they made their determinations.”

After more questioning, Clinton refuses to mention any of the search terms.

Additionally, when asked if there were in fact two servers, she says there was just one.

She also says, “There was nothing marked classified on my emails, either sent or received.”

Jordan concludes his questioning by asking, “If the FBI finds some of these emails that might be deleted, as they’re reviewing your server, will you agree to allow a neutral third party — like a retired federal judge — to review any emails deleted to determine if any of them are relevant to our investigation?”

She dodges giving an answer, despite being further pressed on the issue. (The Washington Post, 10/22/2015)

Trey Gowdy (Credit: Brendan Smialowski / Agence France Presse/ Getty Images)

Trey Gowdy (Credit: Brendan Smialowski / Agence France Presse/ Getty Images)

On July 7, 2016, after concluding the FBI’s investigation into Clinton’s emails, FBI Director James Comey will be questioned under oath by Representative Trey Gowdy (R). Gowdy will refer to Clinton’s testimony on this day when he asks, “Secretary Clinton said her lawyers read every one of the emails and were overly inclusive. Did her lawyers read the email content individually?”

Comey will reply, “No.”

Gowdy will also ask, “Secretary Clinton said she used just one device. Was that true?”

Comey will answer, “She used multiple devices during the four years of her term as secretary of state.”

Gowdy then will ask if it’s true she never sent or received information marked classified on her private email.

Comey will reply, “That’s not true. There were a small number of portion markings on I think three of the documents.”

Later in the hearing, Representative Jason Chaffetz (R) will ask Comey if the FBI has investigated the truthfulness of Clinton’s testimony under oath. After Comey says that would require a referral from Congress, Chaffetz will promise to get him one right away. (Politico, 7/7/2016)

October 22, 2015: FBI Director James Comey comments about the FBI’s Clinton investigation.

FBI Director James Comey testifying before a Congressional committee on October 22, 2015. (Credit: C-Span)

FBI Director James Comey testifying before a Congressional committee on October 22, 2015. (Credit: C-Span)

In a Congressional hearing, he says, “The FBI is working on a referral given to us by inspectors general in connection with former Secretary Clinton’s use of a private email server. As you also know about the FBI, we don’t talk about our investigations while we are doing them. This is one I am following very closely and get briefed on regularly. I’m confident we have the people and resources to do it in the way I believe we do all our work, which is promptly, professionally and independently.” (The Washington Post, 10/22/2015)

October 22, 2015: Clinton publicly testifies before the House Benghazi Committee and answers questions for eleven hours.

Clinton testifies before the House Benghazi Committee on October 22, 2015. (Credit: Jonathan Ernst / Reuters)

Clinton testifies before the House Benghazi Committee on October 22, 2015. (Credit: Jonathan Ernst / Reuters)

The New York Times reports that “the long day of often-testy exchanges between committee members and their prominent witness revealed little new information about an episode that has been the subject of seven previous investigations… Perhaps stung by recent admissions that the pursuit of Mrs. Clinton’s emails was politically motivated, Republican lawmakers on the panel for the most part avoided any mention of her use of a private email server.”

The email issue is briefly discussed shortly before lunch, in “a shouting match” between Republican committee chair Trey Gowdy and two Democrats, Adam Schiff and Elijah Cummings.

Later in the hearing, Representative Jim Jordan (R) accuses Clinton of changing her explanations of the email service. That leads to a “heated exchange” in which Clinton “repeated that she had made a mistake in using a private email account, but maintained that she had never sent or received anything marked classified and had sought to be transparent by publicly releasing her emails.” (The New York Times, 10/22/2015) (The Washington Post, 10/22/2015)

 

October 22, 2015: Clinton incorrectly claims that her emails were stored on only one private server.

151022JimJordanZach GibsonNYT

Representative Jim Jordan asks Clinton pointed questions during the House Benghazi hearing on October 22, 2015. (Credit: Zach Gibson / The New York Times)

During Clinton’s testimony under oath before the House Benghazi Committee, Representative Jim Jordan (R) asks her about her private email server or servers. “[T]here was one server on your property in New York, and a second server hosted by a Colorado company in — housed in New Jersey. Is that right? There were two servers?”

Clinton replies, “No. … There was a… there was a server…”

“Just one?” Jordan presses.

Clinton continues, “…that was already being used by my husband’s [Bill Clinton’s] team. An existing system in our home that I used. And then later, again, my husband’s office decided that they wanted to change their arrangements, and that’s when they contracted with the company in Colorado,” Platte River Networks.

Jordan asks, “And so there’s only one server? Is that what you’re telling me? And it’s the one server that the FBI has?”

Clinton answers, “The FBI has the server that was used during the tenure of my State Department service.”

She dodges giving an answer, despite being further pressed on the issue. (The Washington Post, 10/22/2015)

However, in a public speech on July 5, 2016, FBI Director James Comey will reveal that Clinton “used several different servers and administrators of those servers during her four years at the State Department, and used numerous mobile devices to view and send email on that personal domain. As new servers and equipment were employed, older servers were taken out of service, stored, and decommissioned in various ways… (Federal Bureau of Investigation, 7/5/2016)

Two days later, Comey will be questioned under oath in a Congressional hearing by Representative Trey Gowdy (R). Gowdy will refer to Clinton’s testimony on this day when he asks, “Secretary Clinton said she used just one device. Was that true?”

Comey will answer, “She used multiple devices during the four years of her term as secretary of state.”

Later in the hearing, Representative Jason Chaffetz (R) will promise to give the FBI a referral from Congress so the FBI can investigate the truthfulness of this and other comments Clinton made under oath. (Politico, 7/7/2016)

October 23, 2015: A computer company tells the FBI that its back-up copy of Clinton’s private server data was deleted in late March 2015.

Steven Cash (Credit: LinkedIn)

Steven Cash (Credit: LinkedIn)

Steven Cash is a lawyer for Datto, Inc., the company that has been backing up the data on Clinton’s private server. They have been subcontracted to do this by Platte River Networks (PRN), the company managing the server. Cash emails an unnamed FBI agent, informing him of several issues to be aware of prior to a conference call planned for later that day.

A Datto hard drive, the Datto SIRIS S2000, has been attached to Clinton’s server since June 2013. Cash says that Datto technical experts have reviewed administrative files and discovered through the device’s Internet interface that a series of deletions took place on the device on March 31, 2015, between 11:27 a.m. and 12:41 a.m. The data had a date range from January 28, 2015 to March 24, 2015.

Furthermore, a much greater amount of data had been “deleted automatically based on the local device’s then-configured pruning parameters.” Cash writes that “These manual requests were requested from the Local Device’s web interface for the [redacted] agent…” (US Congress, 9/12/2016) While it is possible a person’s is in the redacted space, it could also be something such as “PRN employee.”

In a May 2016 FBI interview, PRN employee Paul Combetta will confess to deleting all of Clinton’s emails on her server as well as the Datto back-up device in precisely this time period, between March 25, 2015 and March 31, 2015. It is not known if the FBI knew of the deletions prior to this letter from Datto. However, the letter certainly makes it clear, but this will not become public knowledge until an FBI report released in September 2016, almost one year later.

October 23, 2015: The House Benghazi Committee is reconsidering how aggressively to pursue Clinton’s email scandal.

Heather Samuelson (Credit: Getty Images)

Heather Samuelson (Credit: Getty Images)

The Republican-dominated committee is supposed to be focused on the US government’s response to the 2012 terrorist attack in Benghazi, Libya, but they are changing their approach because they are being accused on overreach on the only sometimes related email issue in an attempt to politically damage Clinton. For instance, the committee had been planning to interview lawyer Heather Samuelson, who helped sort and delete Clinton’s emails, but now they change their mind.

Politico reports that Clinton’s public testimony before the committee the day before “was widely seen as a success for Clinton, while Republicans failed to strike any decisive blows. Meanwhile, Democrats amped up their claims that the entire investigation was a partisan witch hunt.” (Politico, 10/23/2015)

October 27, 2015: A top Clinton aide private calls James Comey a “bad choice” for FBI director.

Eric Schultz (Credit: Getty Images)

Eric Schultz (Credit: Getty Images)

Clinton’s communications director Jennifer Palmieri sends an email to Clinton’s campaign chair John Podesta and White House spokesperson Eric Schultz. In it, she forwards a link to a new New York Times article in which FBI Director James Comey suggests that crime could be rising nationwide because police officers are becoming less aggressive due to the “Ferguson effect,” anti-police sentiment following unrest earlier that year in Ferguson, Missouri. Comey’s claim is highly controversial.

Palmieri then comments, “Get a big fat ‘I told you so’ on Comey being a bad choice.”

There is no apparent reply from either Podesta or Schultz.

The email will be released by WikiLeaks in November 2016. (WikiLeaks, 11/3/2016)

November 5, 2015: Sanders says Clinton’s email scandal raises “valid questions.”

Democratic presidential candidate Senator Bernie Sanders clarifies his remarks made a month earlier about Clinton’s email scandal, in which he said the “American people are sick and tired of hearing about [her] damn emails!” He says that if Clinton avoided public records requests or compromised classified information, that raises “valid questions.” He also says the FBI’s investigation should “proceed unimpeded. […] There’s an investigation going on right now. I did not say, ‘End the investigation.’ That’s silly.” (Politico, 11/5/2015)

November 10, 2015: The FBI’s inquiry into Clinton’s emails has turned into a “full-blown investigation.”

Tom Fuentes (Credit: CNN)

Tom Fuentes (Credit: CNN)

Politico reports, “The FBI’s recent moves [regarding Clinton’s private emails] suggest that its inquiry could have evolved from the preliminary fact-finding stage that the agency launches when it receives a credible referral, according to former FBI and Justice Department officials interviewed…” The FBI has been conducting interviews and gathering documents.

Tom Fuentes, former assistant director of the FBI, says, “This sounds to me like it’s more than a preliminary inquiry; it sounds like a full-blown investigation. When you have this amount of resources going into it… I think it’s at the investigative level.” (Politico, 11/10/2015)

November 13, 2015: The computer companies that worked on Clinton’s private server refuse interview and document requests from Congressional investigators.

The Platte River Networks Logo (Credit: PRN)

The Platte River Networks Logo (Credit: PRN)

Platte River Networks (PRN) is the computer company that has been managing Clinton’s private server since June 2013. Politico reports that it has declined requests by the Senate Homeland Security Committee to interview five employees about the security of Clinton’s server.

The Datto Logo (Credit: Datto)

The Datto Logo (Credit: Datto)

Additionally, Datto, Inc. was employed by PRN to back up data from the server. On October 6, 2015, McClatchy Newspapers quoted Datto’s attorney who said the company had permission from representatives of Clinton and Platte River to cooperate with the FBI investigation. But on October 19, 2015, Datto told the committee that it can’t answer questions from the committee because it has a confidentiality agreement with its client PRN and can only answer questions about that account with their permission. PRN gave permission initially but then changed its mind.

PRN spokesperson Andy Boian says that the interview requests from Congress weren’t “formal” inquiries, even though request letters were delivered on official Senate letterhead. He adds, “We as a company have felt like we have done everything we can to comply with every request by both the FBI and the Homeland Security Committee, and we really have nothing left to give.”

The Infograte Logo (Credit: Infograte)

The Infograte Logo (Credit: Infograte)

Tania Neild, CEO of the technology broker company InfoGrate, helped Clinton select PRN to run their server. She declined to be interviewed by Congressional investigators, invoking a nondisclosure agreement she had with her client.

The SECNAP Logo (Credit: SECNAP)

The SECNAP Logo (Credit: SECNAP)

Another computer company, SECNAP, was involved in the security of the server. They apparently aren’t cooperating with Republican investigators either, because Dennis Nowak, a lawyer for SECNAP, says that communications technology companies are governed by a law that imposes criminal and civil penalties for disclosing customer information, and that can only be waived by subpoena, search warrant, court order, or consent of the client.

These four companies apparently have fully cooperated with the FBI. But Politico reports, “While the firms have voluntarily produced some information for Congressional Republicans in the past, now it seems they’re not willing to go beyond their legal obligations when it comes to responding to committee inquiries.”

In September 2015, Clinton publicly said regarding the FBI’s Clinton investigation that she “would very much urge anybody who is asked to cooperate to do so.” However, Politico asked the Clinton campaign if it had encouraged these computer companies to cooperate with Congressional investigators, and the campaign had no comment. (Politico, 11/13/2015)

These companies will continue to refuse to cooperate with Congress. In August 2016, Congressional Republicans will issue subpoenas to PRN, Datto, and SECNAP to finally force their cooperation.

November 18, 2015: The person who sorted Clinton’s emails apparently fails to answer whether she had the security clearance to do so.

Senate Judiciary Committee Chairman Senator Charles Grassley (Credit: J. Scott Applewhite / The Associated Press)

Senate Judiciary Committee Chairman Senator Charles Grassley (Credit: J. Scott Applewhite / The Associated Press)

Senate Judiciary Chair Chuck Grassley (R) sends a letter to former Clinton aide and lawyer Heather Samuelson. In late 2014, Samuelson led the sorting process through Clinton’s 62,000 emails to determine which ones to turn over to The State Department and which ones to delete. She also worked on Clinton’s 2008 presidential campaign and then was a senior adviser to Clinton in the State Department.

Grassley asks if Samuelson had the security clearance necessary to handle Clinton’s emails, some of which were later deemed to contain “top secret” intelligence. He writes, “It is imperative to understand your background in determining what is and what is not a federal record, since you apparently played a major role in assisting Secretary Clinton in making a decision as to which emails to delete.”

A week later, Politico will try to contact Samuelson and the Clinton campaign about Grassley’s questions but got no response. After that there will be no news reports indicating if Grassley ever gets a reply. Earlier in 2015, Samuelson moved from Washington to New York with plans to work in Clinton’s presidential campaign headquarters there. But she never started the job, due to the controversy over her role in sorting Clinton’s emails. (Politico, 11/23/2015)

December 2015: The FBI warns the DNC (Democratic National Committee) that it is a target of a hacker attack.

According to a July 2016 Yahoo News article, the FBI contacts the DNC in late 2015 and tells their IT (information technology) staffers that there has been a hacking attack on the DNC’s computer network. The FBI provides no details, such as who the hackers might be.

It will later be discovered that a hacker broke into the DNC network in the summer of 2015. Despite the FBI warning, the hacker won’t be ejected from the network until around June 2016. (Yahoo News, 7/29/2016)

December 9, 2015: President Obama is not being briefed about the FBI’s Clinton investigation.

Senator Jeff Cornyn (Credit: US Congress)

Senator Jeff Cornyn (Credit: US Congress)

Speaking to FBI Director James Comey in a Congressional meeting, Senator Jeff Cornyn (R) expresses his concern about political pressure that could be put on the FBI’s investigation into Clinton’s emails and server. Cornyn then asks, “Does the President get briefings on ongoing investigations by the FBI like this?”

Comey replies, “No.”

Then Cornyn asks, “So he would have no way of knowing what the status of the FBI investigation is?”

Comey replies, “Certainly not from briefings from the FBI.” (The Daily Caller, 12/9/2015)

December 11, 2015: Emails from Clinton’s computer technician are missing.

The State Department has told Senate investigators that it cannot find the emails of Bryan Pagliano, the Clinton aide who managed her private server. Department officials found a “.pst file” which contains back-up copies of Pagliano’s emails from the time period after Clinton was secretary of state, but his .pst file for Clinton’s time as secretary of state is missing. But it is also revealed that the FBI has taken possession of Pagliano’s government computer, and it is hoped that some of all of the emails will be found there. Senate investigators want the email to help determine if Pagliano should be offered immunity in return for testimony. (Politico, 12/11/2015) 

However, it will later emerge that Pagliano was given immunity by the FBI some months earlier. (The New York Times, 3/3/2016)

December 22, 2015: Clinton’s private server was once infected by a computer virus.

When Bryan Pagliano, who managed Clinton’s private server, is interviewed by the FBI on this day, he will mentioned that he recalled finding “a virus” on her server at some point. But according to the FBI, he “could provide no additional details, other than it was nothing of great concern. FBI examination of the [server] and available server backups did not reveal any indications of malware.” (Federal Bureau of Investigation, 9/2/2016)

December 22, 2015: Pagliano is secretly interviewed as part of an immunity deal with the FBI’s Clinton investigation.

Clinton’s former computer technician Bryan Pagliano makes a “derivative use” immunity deal with the Justice Department by this time, though it’s not clear exactly when this happens. Then he gives testimony to the FBI and the Justice Department as part of the FBI’s Clinton investigation. Apparently he speaks to investigators at least twice, though it is not known when the second interview takes place. “Derivative use” immunity wouldn’t prevent investigators from prosecuting Pagliano, but limits them from using any evidence derived from his testimony against him.

The media will first report on the immunity deal in March 2016, and more details will be made public in a court filing in June 2016. (LawNewz, 6/7/2016) (Federal Bureau of Investigation, 9/2/2016)

 

December 31, 2015: The State Department hasn’t asked other departments to help find any missing Clinton emails.

In September 2015, the Defense Department gave the State Department some emails between Clinton and former Army General David Petraeus that Clinton had previously not turned over. However, in the months since, the State Department does not appear to have reached out to other departments to determine if they also have copies of emails Clinton failed to turn over. McClatchy Newspapers questioned over a dozen other departments. All of them either said they hadn’t been contacted by the State Department about this or failed to give an answer.

The State Department has not explained why it has failed to ask for help from other departments. It’s unclear how the Defense Department determined it had the emails between Clinton and Petraeus or why it turned them over. (McClatchy Newspapers, 12/31/2015)