May 16, 2016: Clinton may be forced to testify under oath in a civil lawsuit related to her emails.

Judicial Watch formally asks US District Court Judge Royce Lamberth for permission to depose Clinton as part of a Freedom of Information Act (FOIA) lawsuit.

This is actually one of two similar cases involving Judicial Watch and Clinton. In the other case, handled by federal judge Emmet Sullivan, Judicial Watch has not asked for Clinton’s deposition yet, but they may do so in the future, and they are deposing some of her former aides. In this case, Clinton could be forced to testify under oath about her use of a private email account for government work as well as the State Department’s response to FOIA requests for information related to the 2012 Benghazi terrorist attack. (Politico, 05/16/2016)

May 17, 2016: Depositions in a civil lawsuit related to Clinton’s emails will begin within days and continue until the end of June.

US District Judge Emmet Sullivan is allowing Judicial Watch to depose six US officials under oath, mostly Clinton’s former aides, as part of a Freedom of Information Act (FOIA) lawsuit, on the following dates:

  • May 18: Former deputy assistant secretary of state Lewis Lukens will be interviewed on May 18.
  • May 27: Clinton’s former chief of staff Cheryl Mills.
  • June 3: Stephen Mull, former State Department executive secretary.
  • June 6: Bryan Pagliano, Clinton’s former computer technician who managed her private server.
  • June 28: Huma Abedin, Clinton’s former deputy chief of staff.
  • June 29: Patrick Kennedy, the State Department’s under secretary for management since 2007 until current.

Judicial Watch can interview each witness for up to seven hours, and the video of the interviews can be made public several days later. The questioning will be limited, but includes the issue of how Clinton’s private server was set up and managed, and why the State Department didn’t properly fulfill FOIA requests for Clinton’s emails. (The Wall Street Journal, 5/17/2016) (Judicial Watch, 5/17/2015)

May 18, 2016: Director of National Intelligence James Clapper warns Clinton and Trump their campaign networks are being hacked.

Director of National Intelligence James Clapper (Credit: ABC News)

Director of National Intelligence James Clapper (Credit: ABC News)

Clapper publicly comments, “We’ve already had some indications” of hacking on the computer networks of the two frontrunners in the presidential race. He warns, “We’ll probably have more.” He suggests the hackers could be working for foreign governments.

V. Miller Newton, who advises federal agencies on data security, says foreign spying on campaign sites is inevitable. “These campaigns are not working on encrypted platforms. It’s a matter of when, and how serious of an impact it is going to have on this election.” (The Associated Press, 5/18/2016

It will later emerge that a hacking attack on the DNC [Democratic National Committee] was already discovered, in late April 2016, after staffers noticed unusual activity on the DNC’s computer network. (McClatchy Newspapers, 6/14/2016)

May 18, 2016: Former Clinton aide Lewis Lukens testifies under oath for two hours about his knowledge of Clinton’s emails and private server.

Lewis Lukens (Credit: Harry Hamburg / The Associated Press)

Lewis Lukens (Credit: Harry Hamburg / The Associated Press)

Lukens has been deposed as part of a Freedom of Information Act (FOIA) lawsuit by Judicial Watch. He is the first of six to be deposed as part of that lawsuit, which is presided over by federal judge Emmet Sullivan. (The New York Times, 5/18/2016) (Judicial Watch v. State Lukens Testimony 01363 5/26/2016)

May 19, 2016: Former Secretary of Defense Robert Gates says that Clinton’s email scandal “is really a concern.”

Robert Gates (Credit: public domain)

Robert Gates (Credit: public domain)

In an interview, he says, “There’s the whole email thing, which I think is really a concern in terms of judgment. I don’t know what originally prompted her to think that was a good idea. […] Using an offline server I think was an error.”

Gates was defense secretary under both presidents George W. Bush and Barack Obama. He has declined to endorse anyone in the 2016 presidential race so far. (USA Today, 5/19/2016)

May 22, 2016: Trump says he’s going to “bigly” emphasize Clinton’s email scandal if he faces her in the general election.

Presumptive Republican nominee Donald Trump indicates he’s planning to emphasize Clinton’s email scandal if Clinton wins the Democratic nomination battle against Senator Bernie Sanders. Trump says that Sanders “didn’t pick up on the emails, which I think was a big mistake. I’m going to pick up bigly. Because frankly she shouldn’t even be allowed to run for president.” (Politico, 5/25/2016)

May 24, 2016: The FBI interviews Heather Samuelson.

Samuelson is one of three Clinton lawyers who sorted Clinton’s emails to decide which ones were work-related and which ones were personal. She did most of the sorting, but she was supervised by Clinton lawyers Cheryl Mills and David Kendall. The FBI mostly asks her about this sorting process. (Federal Bureau of Investigation, 9/2/2016)

May 24, 2016: An intelligence veterans group calls for Clinton to be prosecuted due to her email scandal.

Three members of Veteran Intelligence Professionals for Sanity: former CIA analyst Ray McGovern (left), former NSA Technical Director William Binney (center), former NSA Senior Executive Thomas Drake (right). (Credit for all photos: public domain)

Three members of Veteran Intelligence Professionals for Sanity: former CIA analyst Ray McGovern (left), former NSA Technical Director William Binney (center), former NSA Senior Executive Thomas Drake (right). (Credit for all photos: public domain)

Veteran Intelligence Professionals for Sanity (VIPS), a group of veterans of US intelligence agencies, publishes a letter that is highly critical of Clinton’s behavior in her email scandal. It concludes, “[T]he question is not whether Secretary Clinton broke the law. She did. If the laws are to be equally applied, she should face the same kind of consequences as others who have been found, often on the basis of much less convincing evidence, guilty of similar behavior.”

The letter is signed by seventeen intelligence veterans. Many of them are government whistleblowers. Some of them, such as Thomas Drake and John Kiriakou, were punished for security violations that seem far less serious than what Clinton has been accused of. For instance, Drake was convicted of possessing one classified document that was not actually marked as such. (Common Dreams, 5/24/2016)

May 25, 2016: Clinton and her top aides refused to be interviewed for the State Department inspector general’s report criticizing her email practices.

The nine former Clinton aides who were not interviewed by the Office of Inspector General (in order as listed).

The nine former Clinton aides who were not interviewed by the Office of Inspector General (in order as listed).

The report released on this day notes that it interviewed “dozens” of present and former State Department officials, including current Secretary of State John Kerry and the three secretaries prior to Clinton: Madeleine Albright, Colin Powell, and Condoleezza Rice. However, Clinton refused to be interviewed. Furthermore, nine of Clinton’s former top aides were singled out in the report for not being interviewed:

  • Cheryl Mills, chief of staff;
  • Huma Abedin, deputy chief of staff for operations;
  • Jake Sullivan, deputy chief of staff for policy, and then director of policy planning;
  • Philippe Reines, deputy assistant secretary for strategic communication;
  • John Bentel, director of the Information Resources Management (IRM) office;
  • Bryan Pagliano, special advisor to the deputy chief information officer (who also privately managed Clinton’s private server);
  • Heather Samuelson, senior advisor to the department (who determined which of Clinton’s emails to delete in late 2014);
  • Thomas Nides, deputy secretary of state for management and resources; and
  • Justin Cooper, whom the report calls “an individual based in New York who provided technical support for Secretary Clinton’s personal email system but who was never employed by the Department.”

The only other person singled out by the report for refusing to be interviewed is Lawrence Wilkerson, who was chief of staff to Secretary of State Colin Powell. (US Department of State, 5/25/2016) 

The report was many months in the making. But on May 8, 2016, only two weeks before the report’s release, Clinton claimed in an interview that when it came to her emails, “I’m more than ready to talk to anybody, anytime. And I’ve encouraged all of… my assistants to be very forthcoming.” (CNN, 5/8/2016) 

Later in the day, Clinton spokesperson Brian Fallon defends Clinton’s decision not to cooperate with the report by saying, “To our mind, it made sense to prioritize the [FBI investigation] and so, accordingly, Hillary Clinton has said since last August that she’ll be happy to sit with them at whatever point they approach her, which has not happened yet.” However, he didn’t clarify why Clinton couldn’t have cooperated with both investigations, especially since the FBI hasn’t even contacted her yet. (Politico, 5/25/2016)

May 25, 2016: An unnamed State Department official admits that Clinton’s email setup was problematic.

According to the Washington Post, “[State Department] officials didn’t have a ‘complete understanding’ of Clinton’s email practices, the official said. The official added that, in retrospect, the agency ‘wouldn’t have recommended the approach.’”

The comments come shortly after the release of a State Department inspector general report that is sharply critical of Clinton’s email practices. But the official also says the department has no plans to take disciplinary action based on the report. It is not clear how the department could punish Clinton since she no longer works in government. (The Washington Post, 5/25/2016)

May 25, 2016: Clinton’s spokesperson defends Clinton not cooperating for the inspector general’s report by claiming she’s cooperating with the FBI investigation instead.

Brian Fallon (Credit: Bloomberg Politics)

Brian Fallon (Credit: Bloomberg Politics)

Clinton’s spokesperson, Brian Fallon, responds to the State Department inspector general’s report critiquing Clinton’s email practices.

He attempts to justify why Clinton and her top aides did not get interviewed for the inspector general’s report by saying, “To our mind, it made sense to prioritize the review being conducted by the Justice Department and so, accordingly, Hillary Clinton has said since last August that she’ll be happy to sit with them at whatever point they approach her, which has not happened yet. And she has similarly encouraged all of her aides to cooperate in every way with that Justice Department review.”

By “Justice Department review,” he is referring to the FBI’s Clinton investigation, even though the FBI director recently said they are conducting an “investigation” and not any kind of “review.”

Fallon argues that by the time the FBI investigation is done, “it will be impossible for anybody to suggest that she didn’t answer every question that anybody had.”

According to Politico, “He also said that there were questions raised about whether the inspector general—an independent position appointed by President Barack Obama—has an anti-Clinton bias, though he said there was no indication of any bias in the [inspector general’s report].” (Politico, 5/25/2016)

May 25, 2016: Democratic presidential candidate Sanders still does not emphasize Clinton’s email scandal.

Jeff Weaver (Credit: Jack Gruber / USA Today)

Jeff Weaver (Credit: Jack Gruber / USA Today)

Politico reports that despite a new State Department inspector general report that is sharply critical of Clinton’s email practices, “Bernie Sanders’ [presidential] campaign is showing no signs that it will seize upon the latest revelations in her email scandal.”

Sanders’ campaign manager, Jeff Weaver, says, “Well, I think the report speaks for itself. This is obviously an area where the senator has chosen not to go. He’s tried to keep this campaign on the issues. […] And that’s why he’s doing so well in this campaign is because he’s talking about these substantive issues and people can make their own judgments about what is reported about the other issues.” (Politico, 5/25/2016)

May 25, 2016: Guccifer pleads guilty as part of an apparent deal to cooperate with US investigators.

Judge James Cacheris (Credit: public domain)

Judge James Cacheris (Credit: public domain)

The Romanian hacker nicknamed Guccifer pleads guilty in a US court to charges of identity theft and unauthorized access to protected computers. At a plea hearing before US District Court Judge James Cacheris in Alexandria, VA, he admits that he broke into email and social media accounts of about 100 US citizens between 2012 and 2014.

Guccifer is best known for breaking into the email account of Clinton confidant Sid Blumenthal in March 2013 and thus publicly revealing Clinton’s private email address. He could face up to seven years in prison in the US, on top of the seven years he is already serving in Romania.

He is due to be sentenced on September 1, 2016. However, it is alleged that his guilty plea is part of a deal to cooperate with the US government, possibly including the FBI’s Clinton investigation. It has been reported that he will cooperate with the government in other investigations and be “reasonably available for debriefing and pre-trial conferences as the US may require.” He also has agreed to turn over any documents or other materials “that may be relevant to investigations or inquires.” (LawNewz, 5/25/2016)

May 25, 2016: The New York Times publishes an article with the title: “Emails Add to Hillary Clinton’s Central Problem: Voters Just Don’t Trust Her.”

The article reports that “Clinton has gone from having a 69 percent approval rating and being one of the most popular public figures in the country when she left the State Department in 2013 to having one of the highest disapproval ratings of any likely presidential nominee of a major party.”

According to one recent poll, 53 percent of likely voters said they have an unfavorable opinion of her, and according to another recent poll, 64 percent of registered voters said they do not consider her honest or trustworthy.

The article notes, “Ask voters why they don’t trust Mrs. Clinton, and again and again they will answer with a single word: Emails.” (The New York Times, 5/25/2016)

May 25, 2016: The Washington Post’s editorial board publishes an editorial: “Clinton’s inexcusable, willful disregard for the rules.”

This editorial is due to the critical State Department inspector general’s report on Clinton’s email practices made public earlier in the day. The editorial board says the report makes clear that Clinton’s use of a private server “was not a casual oversight,” because she “had plenty of warnings to use official government communications methods…”

The editorial concludes that “there is no excuse for the way Ms. Clinton breezed through all the warnings and notifications. While not illegal behavior, it was disturbingly unmindful of the rules.” (The Washington Post, 5/25/2016)

May 25, 2016: A former senior State Department military adviser claims Clinton’s “sloppy communications with her senior staff” may have compromised at least two counterterrorism operations.

Wanted Poster for terrorist Umbra Jumdail a.k.a. Dr. Abu (Credit: NBC News)

Wanted Poster for terrorist Umbra Jumdail a.k.a. Dr. Abu (Credit: NBC News)

Bill Johnson was the department’s political adviser to the special operations section of the US Pacific Command (PACOM) from 2010 to 2011, after a long military career. He says secret plans targeting Umbra Jumdail, the leader of a Filipino Islamist separatist group, as well as plans to intercept Chinese-made weapons components being smuggled into Iraq, were both repeatedly foiled.

He claims that he and his team determined unprotected phone calls of Clinton and her aides were the likely problem, after eliminating other possibilities. Johnson says, “I had several missions that went inexplicably wrong, with the targets one step ahead of us.” For instance, his target Jumdail in the Philippines was repeatedly tipped off. He traced the problem to unsecure communications between Washington, DC, and the US embassy in Manila. “Anyone can just sit outside the embassy and listen” with off-the-shelf eavesdropping devices, he claims.

He argues that the leaks stopped after Special Operations Command stopped giving advance warning to senior State Department officials about the raids. Jumdail was killed in a US-based airstrike not long thereafter.

Johnson says such problems “could’ve been avoided if the CIA gave her a secure phone. She requested one, but they turned it down.”

A Clinton spokesperson calls the allegations “patently false.” (Newsweek, 5/25/2016)

May 25, 2016: Clinton’s campaign trusts the FBI’s Clinton investigation.

Brad Woodhouse (Credit: CNN)

Brad Woodhouse (Credit: CNN)

Brad Woodhouse, of the pro-Clinton group Correct the Record, says, “Let the FBI finish its investigation. Let the FBI do its job. We trust that process. We’d like to see that process through.”

Correct the Record calls itself “a strategic research and rapid response team designed to defend Hillary Clinton from baseless attacks.” It was founded by David Brock, who also runs Clinton’s main super PAC. (Politico, 5/25/2016) (Correct the Record, 5/7/2016)

May 25, 2016: The State Department’s top two security officials say they would never have approved Clinton’s exclusive use of a personal email account.

Left: Gregory Starr Right: Steven C. Taylor (Credit: public domain)

Left: Gregory Starr Right: Steven C. Taylor (Credit: public domain)

A new State Department inspector general report determines that department rules required Clinton to get official approval to conduct official business using a personal email account on her private server, but she did not do so. 

In the words of the report, Steven C. Taylor, current head of Information Resources Management (IRM) and Gregory Starr, current head of Diplomatic Security (DS), jointly claim that Clinton “had an obligation to discuss using her personal email account to conduct official business with their offices, who in turn would have attempted to provide her with approved and secured means that met her business needs. However, according to these officials, DS and IRM did not—and would not—approve her exclusive reliance on a personal email account to conduct department business, because of the restrictions in the FAM [Foreign Affairs Manual] and the security risks in doing so.” (US Department of State, 5/25/2016)

May 25, 2016: Clinton didn’t consult with anybody about exclusively using a personal email address or private server for work matters.

Cheryl Mills speaks to reporters in Washington, DC, on September 3, 2015. (Credit: Fox News)

Cheryl Mills speaks to reporters in Washington, DC, on September 3, 2015. (Credit: Fox News)

When former Clinton chief of staff Cheryl Mills testified to the House Benghazi Committee in a private session on September 3, 2015, her comments remained secret.

However, on this day, a State Department inspector general’s report makes one portion of her testimony public. Mills was asked by the committee, “Was anyone consulted about Secretary Clinton exclusively using a personal email address for her work?”

Mills replied, “I don’t recall that. If it did happen, I wasn’t part of that process. But I don’t believe there was a consultation around it, or at least there’s not one that I’m aware of…”

Mills then was asked if Clinton consulted with “private counsel,” or “the general counsel for the State Department,” or “anybody from the National Archives [and Records Administation (NARA)],” or “anyone from the White House.”

Mills replied she wasn’t aware of any consultation from any of those people either.

The inspector general’s report also included comments from many other senior department officials about this, and “These officials all stated that they were not asked to approve or otherwise review the use of Secretary Clinton’s server and that they had no knowledge of approval or review by other Department staff. These officials also stated that they were unaware of the scope or extent of Secretary Clinton’s use of a personal email account, though many of them sent emails to [her] on this account.” (US Department of State, 5/25/2016)

May 25, 2016: A Bill Clinton assistant with no security clearance and no special computer expertise helped manage Hillary Clinton’s private server.

Obama talks with Chief of Staff Jack Lew, former President Bill Clinton, Justin Cooper (standing in the doorway), David Axelrod, and Senior Advisor David Plouffe on board Air Force One on November 4, 2012. (Credit: Pete Souza / White House)

Obama talks with Chief of Staff Jack Lew, former President Bill Clinton, Justin Cooper (standing in the doorway), David Axelrod, and Senior Advisor David Plouffe on board Air Force One on November 4, 2012. (Credit: Pete Souza / White House)

It had been previously believed that Bryan Pagliano was the one who managed Clinton’s private server. But the State Department inspector general’s report released on this day reveals that there actually were “two individuals who provided technical support to Secretary Clinton.”

The report rarely names names, but the individual other than Pagliano is described as someone who “was at one time an advisor to former President [Bill] Clinton but was never a [State] Department employee, [and] registered the clintonemail.com domain name on January 13, 2009.” Previous media reports made clear the person who registered the domain on that day and was an aide to Bill Clinton is Justin Cooper. (US Department of State, 5/25/2016) (The Washington Post, 03/10/2015) 

In 2015, the Washington Post reported that Cooper had “no security clearance and no particular expertise in safeguarding computers, according to three people briefed on the server setup.” (The Washington Post, 8/4/2015) 

However, the inspector general’s report describes a January 2011 incident in which Cooper turned Clinton’s server off and on in response to a hacker attack, showing he had direct access to the server and thus all the classified information contained inside it. (US Department of State, 5/25/2016) 

In April 2016, the Washington Times alleged that Bill and Hillary Clinton “have paid [Cooper’s] legal fees associated with the FBI investigation, amounting to ‘hundreds of thousands of dollars.’” (The Washington Times, 4/27/2016)

Between May 25, 2016 and July 5, 2016: State Department official John Bentel denies all allegations of wrongdoing in an FBI interview.

John Bentel (Credit: Facebook)

John Bentel (Credit: Facebook)

According to a 2016 State Department inspector general’s report, department officials alleged that John Bentel, the director of the Office of the Executive Secretariat for Information Resource Management, discouraged them from raising concerns about Clinton’s use of personal email. The report also alleges that Bentel falsely claimed that Clinton had legal approval for the use of her computer system.

At some point between the release of this report on May 25, 2016 and the conclusion of the FBI’s Clinton investigation by July 5, 2016, Bentel is interviewed by the FBI. According to an FBI summary, “Bentel denied that State [Department] employees raised concerns about Clinton’s email to him, that he discouraged employees from discussing it, or that he was aware during Clinton’s tenure that she was using a personal email account or server to conduct official State business.” (Federal Bureau of Investigation, 9/2/2016)

May 26, 2016: Clinton doubles down with her justifications, contradicting the inspector general’s report.

Clinton defends her email use with ABC News on May 26, 2016. (Credit: ABC News)

Clinton defends her email use with ABC News on May 26, 2016. (Credit: ABC News)

Clinton is interviewed by ABC News one day after the release of the State Department inspector general’s report criticizing her email practices. The ABC News headline about the interview says she “doubles down” on defending her past behavior. “This report makes clear that personal email use was the practice for other secretaries of state. It was allowed. And the rules have been clarified since I left.”

But, as ABC News points out, the report showed “that Clinton shouldn’t have used a private email server to conduct official business and would have not been allowed to do so had she asked. It also found that she should have turned over emails after her tenure and violated department policy.”

When asked why she did not agree to be interviewed for the report, “despite repeatedly saying she would talk to anyone, anytime about her emails,” Clinton replies, “I have talked about this for many, many months. I testified for eleven hours before the Benghazi Committee. I have answered numerous questions. We have posted information on our website and the information that we had is out there.” (ABC News, 5/26/2016)

May 26, 2016: Some on Clinton’s campaign allegedly privately admit that Clinton tried to keep her emails from public scrutiny.

Carl Bernstein's "A Woman in Charge: The Life of Hillary Rodham Clinton," published January, 2008. (Credit: Amazon)

Carl Bernstein’s “A Woman in Charge: The Life of Hillary Rodham Clinton,” published January, 2008. (Credit: Amazon)

Journalist Carl Bernstein says that Clinton “set up a home brew server for purposes of evading the Freedom of Information Act [FOIA], evading subpoenas from Congress, that’s its real purpose, to not have accountability, to not have transparency.”

He alleges, “if you talk to people around the Clinton campaign very quietly, they will acknowledge to you, if you are a reporter who knows some of the background, that this is the purpose of it. Is so she would not be subject to the Freedom of Information Act. So that—because the e-mails aren’t there, that nobody knew about this server.”

He also calls the recently released State Department inspector general report “a devastating event for Hillary Clinton. It is a time bomb that has been ticking and it’s starting to explode around her and there’s more to come because the FBI’s investigation is ongoing.”

In addition to his famous role exposing the Watergate scandal, Bernstein wrote a 2008 book about Clinton. (CNN, 5/27/2016)

May 26, 2016: Trump uses the State Department inspector general’s report to further criticize Clinton.

Donald Trump, the presumptive Republican frontrunner in the presidential election, comments in a Tweet, “The Inspector General’s report on Crooked Hillary Clinton is a disaster. Such bad judgment and temperament cannot be allowed in the WH [White House].”

The New Yorker Magazine opines, “Trump is himself a repository of bad judgment and character flaws, of course, but, on this occasion, he has been presented with an early Christmas present.” (The New Yorker, 5/26/2016)

May 26, 2016: The New York Times’ editorial board criticizes Clinton after the inspector general’s report.

The Times publishes an editorial written by its editorial board entitled: “Hillary Clinton, Drowning in Email.”

It says that Clinton’s “campaign for the presidency just got harder” due to the State Department inspector general’s report criticizing her email practices. “Donald Trump, her Republican rival, will be merciless in swinging the inspector general’s report like a cudgel. […] Mrs. Clinton has to answer questions about the report thoroughly and candidly. That is her best path back to the larger task of campaigning for the presidency.” (The New York Times, 5/26/2016)

May 26, 2016: President Obama avoids commenting about Clinton’s email scandal.

President Obama speaks during a news conference in Shima, Japan, on May 26, 2016. (Credit: Carolyn Kaster / The Associated Press)

President Obama speaks during a news conference in Shima, Japan, on May 26, 2016. (Credit: Carolyn Kaster / The Associated Press)

One day after a State Department inspector general’s report was released criticizing Clinton’s email practices, President Obama is asked what he thinks of the report and if it “undermines her trustworthiness with the people.”

Obama replies, “Look, I’ve already said a lot about these issues. I think those are better directed to the campaign.” Obama has publicly commented on Clinton’s email scandal twice before, in October 2015 and April 2016. (The Hill, 5/26/2016)

May 26, 2016: A judge blocks the release of audio and video of six Clinton aide depositions, but not the transcripts.

US District Court Judge Emmet Sullivan grants a recent request from Clinton’s former chief of staff Cheryl Mills to keep audio and video recordings of her upcoming deposition from being made public, at least for now. Mills, who is due to be deposed one day later, argued that such recordings could be used for political purposes against Clinton in the presidential election.

Sullivan writes, “The public has a right to know details related to the creation, purpose and use of the clintonemail.com system. Thus, the transcripts of all depositions taken in this case will be publicly available. It is therefore unnecessary to also make the audiovisual recording of Ms. Mills’ deposition public.” On his own initiative, Sullivan blocks the release of all audio and video recordings of the five other former Clinton aides due to be deposed in the suit he is presiding over.

Politico reports, “Sullivan did not signal what his concern was about improper use of the videos, nor did he explain whether he agreed with Mills’ attorneys that the videos were more susceptible to misuse or distortion than the written transcripts that will be released.” Sullivan orders that the audio and video should be filed with the court, raising the possibility they could be released later. (Politico, 5/26/2016)

May 26, 2016: Justice Department lawyers are “wholly opposed” to Clinton being deposed in a civil suit related to her emails.

Justice Department lawyers oppose Judicial Watch’s request that Clinton give a sworn deposition. There are two closely related civil suits in which Judicial Watch has been granted the right of discovery, allowing them to depose witnesses. Six of Clinton’s former aides are already being deposed in the suit presided over by federal judge Emmet Sullivan.

Judicial Watch recently requested that Clinton be deposed in the other suit, presided over by federal judge Royce Lamberth. However, department lawyers argue that Lamberth should let the depositions in the other case play out before allowing Clinton to be deposed in his case. They call the request “wholly inappropriate,” adding, “Judicial Watch makes no attempt here to justify why the witnesses it names would provide any relevant information that is not redundant and cumulative of the discovery that has already been ordered and initiated.”

However, while they oppose Clinton being deposed, they do not oppose Judicial Watch’s request to depose former Clinton aide Jake Sullivan. So far, Judicial Watch has not asked for Clinton or Sullivan to be deposed in the other suit. (Politico, 5/27/2016)

May 26, 2016: In an FBI interview, Guccifer says he lied about getting into Clinton’s private server.

Cynthia McFadden interviews Guccifer in Romania on May 4, 2016. (Credit: NBC News)

Cynthia McFadden interviews Guccifer in Romania in April 2016. (Credit: NBC News)

Guccifer, whose real name Marcel-Lehel Lazar, is interviewed by the FBI as part of the FBI’s Clinton email investigation. He appears to have spoken to the FBI previously, but these may have been about other matters, since he hacked dozens of US citizens.

Around the end of April 2016, Guccifer had high-profile interviews with Fox News and NBC News. It was already known that he broke into the email account of Clinton confidant Sid Blumenthal in March 2013 and learned Clinton’s private email address. In both media interviews, Guccifer claimed that he then gained access to Clinton’s private server. But the FBI will later say that Guccifer admitted in his FBI interview that he lied about this.

Additionally, “FBI forensic analysis of the Clinton server during the timeframe [Guccifer] claimed to have compromised the server did not identify evidence that [he] hacked the server.” (Federal Bureau of Investigation, 9/2/2016)

May 27, 2016: Democratic presidential candidate Sanders calls the prospect of Joe Biden replacing Clinton if the FBI recommends her indictment “a terrible, terrible idea.”

Vice-President Joe Biden (Credit: public domain)

Vice-President Joe Biden (Credit: public domain)

In an interview, Bernie Sanders is asked his opinion of a hypothetical situation in which the FBI recommends Clinton’s indictment and then Clinton’s delegates switch their support to Vice President Joe Biden or some other person who didn’t run in the primaries.

Sanders replies, “I think that would be a terrible, terrible idea. […] That would say to the millions of people who have supported us, that have worked with us, that would say all of your energy, all of your votes, all of your beliefs are irrelevant. We’re going to bring in someone else. I happen to like Joe a lot, but I think that would be a very, very serious blunder for the Democratic Party.” (The Hill, 5/28/2016)

May 27, 2016: A New York Times article is titled, “Die-Hard Bernie Sanders Backers See FBI as Answer to Their Prayers.”

Supporters at a rally for Bernie Sanders in National City, California, on May 21, 2016. (Credit: Mike Blake / Reuters)

Supporters at a rally for Bernie Sanders in National City, California, on May 21, 2016. (Credit: Mike Blake / Reuters)

The Times reports that a growing number of supporters of Democratic presidential candidate Sanders are “holding out for an 11th-hour miracle: divine deliverance at the hands of the FBI.”

Sanders is down by over 250 pledged delegates in the Democratic primaries with not many states left before the primaries are over, so the hopes of many Sanders supporters are turning to the FBI’s Clinton investigation, which could transform the presidential race. (The New York Times, 5/27/2016)

May 27, 2016—May 29, 2016: Democratic presidential candidate Sanders rethinks his refusal to criticize Clinton over her email scandal.

Cenk Uygur of The Young Turks, interviews Bernie Sanders on May 27, 2016. (Credit: The Young Turks)

Cenk Uygur of The Young Turks, interviews Bernie Sanders on May 27, 2016. (Credit: The Young Turks)

Bernie Sanders is asked if the new State Department inspector general’s report has caused him to rethink his refusal to engage on the issue of Clinton’s email scandal. “It has,” he replies. (Bloomberg News, 5/28/2016) 

Two days later, he adds, “The inspector general just came out with a report, it was not a good report for Secretary Clinton. That is something that the American people, Democrats, and delegates are going to have to take a hard look at.”

He also says that when it comes to superdelegates and the report, “They will be keeping it in mind. I don’t have to tell them that. I mean, everybody in America is keeping it in mind, and certainly the superdelegates are.” (CBS News, 5/29/2016)

May 27, 2016: Cheryl Mills is deposed under oath, but frequently fails to answer questions.

Cheryl Mills speaking at the Clinton Global Initiative Annual Meeting 2012. (Credit: Clinton Global Initiative)

Cheryl Mills speaking at the Clinton Global Initiative Annual Meeting 2012. (Credit: Clinton Global Initiative)

Clinton’s former chief of staff Cheryl Mills is deposed by Judicial Watch as part of civil lawsuit presided over by US District Court Judge Emmet Sullivan. She is questioned for seven hours, with eleven other lawyers present, including four Justice Department lawyers assisting Mills.

The deposition is contentious, with Judicial Watch lawyers frequently arguing with Mills’ lawyer Beth Wilkinson and State Department lawyers. Mills has also worked as one of Clinton’s lawyers at times (though not while Clinton was secretary of state), and Wilkinson often objects to questions on the grounds of attorney-client privilege between Mills and Clinton. For instance, Mills fails to answer any questions about the sorting and deleting of Clinton’s emails in late 2014, when Mills was one of Clinton’s lawyers who performed that task. Mills also doesn’t answer many questions about Clinton’s former computer technician Bryan Pagliano. (LawNewz, 5/31/2016) (Politico, 5/31/2016) (Judicial Watch, 5/31/2016)

Mills is frequently forgetful or uncertain with her answers. The New York Post calculates she says “I can’t recall” 40 times and “I don’t know” 182 times. (The New York Post, 6/11/2016)

May 28, 2016: Clinton’s campaign chair strikes an apologetic tone, but Clinton herself does not.

John Podesta, the chair of Clinton’s presidential campaign, sends a letter to Clinton’s top supporters responding to the recent State Department inspector general’s report criticizing Clinton’s email practices. It repeatedly emphasizes that Clinton made a “mistake,” and “she has taken responsibility for that mistake.”

This approach contrasts with Clinton’s actual interview comments since the report came out in which she has generally struck an unrepentant tone. For instance, in one such interview, she said, “There may be reports that come out, but nothing has changed. It’s the same story.” (BuzzFeed, 5/30/2016)

May 31, 2016: A former State Department inspector general says he would not have allowed Clinton’s use of a private server.

Howard Krongard (Credit: Fox News)

Howard Krongard (Credit: Fox News)

Howard Krongard, who was the State Department’s inspector general from 2005 to 2008, says he “would have been stunned had I been asked to send an email to [Clinton] at a personal server, private address. I would have declined to do so on security grounds and if she had sent one to me, I probably would have started an investigation.”

Krongard also suggests that Clinton benefited from the lack of a permanent inspector general for the entire duration of her tenure as secretary of state. “They are the people who enforce the rules, and there was no one enforcing the rules during that time.” (Fox News, 5/31/2016)

May 31, 2016: Clinton says she still does not have an interview scheduled with the FBI.

Chris Hayes (Credit: Showtime)

Chris Hayes (Credit: Showtime)

Journalist Chris Hayes asks Clinton, “I need to ask you if you have been contacted by the FBI about an interview regarding the email situation.” Clinton replies, “No, we do not have an interview scheduled.”

This marks a change from Clinton’s previous answers to such questions, in which she said she hadn’t had any contact with the FBI over the matter. (MSNBC, 5/31/2016)

May 31, 2016: 50 percent think Clinton should continue running for president even if she is indicted.

A Rasmussen Reports poll reveals that 43% of likely US voters think Clinton should stop her presidential campaign if she is charged with a felony as part of her email scandal. But 50% think she should continue her campaign until a court decides on her guilt or innocence. Some 65% consider it likely she broke the law and 30% consider it unlikely; 40% say the scandal makes them less likely to vote for her and 48% say it will have no impact on them. (Rasmussen Reports, 5/31/2016)