February 4, 2016: Colin Powell writes, “I didn’t tell Hillary to have a private server at home.”

160204kendubersteinwashingtonspeakers

Ken Duberstein (Credit: Washington Speakers)

Former Secretary of State Colin Powell writes an email to former Reagan White House chief of staff Kenneth Duberstein. “I didn’t tell Hillary [Clinton] to have a private server at home, connected to the Clinton Foundation, two contractors, took away 60,000 emails, had her own domain.”

On the same day, in a separate email to Condoleeza Rice, who succeeded him as secretary of state, Powell writes, “Been on the phone and email all afternoon. Hillary and Elijah Cummings have popped off.”

Also on this day, the State Department’s Office of Inspector General (OIG) released a memo after reviewing the email practices of the past five secretaries of state. It was determined that 12 emails obtained by the inspector general contained classified national security information, two of which went to the personal email account of Powell and ten of which went to the personal email accounts of the immediate staff of Rice. The memo also states that the information was not marked as classified.

Elijah Cummings (Credit: public domain)

Elijah Cummings (Credit: public domain)

Representative Elijah Cummings (D) releases a statement in response to the OIG’s findings, and concludes, “Based on this new revelation, it is clear that the Republican investigations are nothing more than a transparent political attempt to use taxpayer funds to target the Democratic candidate for President.” (House Oversight Committee, 02/04/16)

Two days later, Rice writes back to Powell, “I don’t think Hillary’s — ‘everyone did it,’ is flying.” (Politico, 09/13/16)

The hacker website DCLeaks.com will publish Colin Powell’s hacked emails on September 13, 2016.

May 4, 2016: Guccifer tells Fox News he accessed Clinton’s private server in 2013.

Guccifer (left) talks to Fox News reporter Catherine Herridge (right). (Credit: Fox News)

Guccifer (left) talks to Fox News reporter Catherine Herridge (right). (Credit: Fox News)

The Romanian hacker nicknamed Guccifer, whose real name is Marcel-Lehel Lazar, has been recently interviewed by Fox News. He claims for the first time that after breaking into the email account of Clinton confidant Sid Blumenthal in March 2013, he traced Clinton’s emails back to her private email server.

He tells Fox News, “For me, it was easy […] easy for me, for everybody.” He says he accessed her server “like twice.” He adds, “For example, when Sidney Blumenthal got an email, I checked the email pattern from Hillary Clinton, from Colin Powell, from anyone else to find out the originating IP [Internet Protocol address]. […] When they send a letter, the email header is the originating IP usually…then I scanned with an IP scanner.”

He said he then used some Internet programs to determine if the server was active and which ports were open. However, the server’s contents did “not interest” him at the time. “I was not paying attention. For me, it was not like the Hillary Clinton server, it was like an email server she and others were using with political voting stuff.”

If he breached the server, it appears he didn’t fully understand what he was seeing, and he has not claimed to have uncovered more of Clinton’s emails. He is interviewed from a US prison and has no documents to back up his claim. However, Fox News reports, “While [his] claims cannot be independently verified, three computer security specialists, including two former senior intelligence officials, said the process described is plausible and the Clinton server, now in FBI custody, may have an electronic record that would confirm or disprove Guccifer’s claims.”

Cybersecurity expert Morgan Wright comments, “The Blumenthal account gave him a road map to get to the Clinton server. […] You get a foothold in one system. You get intelligence from that system, and then you start to move.”

Guccifer claims he wants to cooperate with the US government, adding that he has hidden two gigabytes of data that is “too hot” and is “a matter of national security.”

The Clinton campaign responds, “There is absolutely no basis to believe the claims made by this criminal from his prison cell. In addition to the fact he offers no proof to support his claims, his descriptions of Secretary Clinton’s server are inaccurate.” (Fox News, 5/4/2016) 

Politico reports, “An internal FBI review of Clinton’s email records did not indicate traces of hacking” according to “a source familiar with the situation.” (Politico, 5/4/2016)

An FBI report in September 2016 will assert that Guccifer admitted in his FBI interview that he lied about his claim to have accessed Clinton’s server.

May 4, 2016: Guccifer also tells NBC News he accessed Clinton’s private server in 2013.

Guccifer (left) being interviewed by Cynthia McFadden (right) inside a Romanian prison complex. (Credit: NBC News)

Guccifer (left) being interviewed by Cynthia McFadden (right) inside a Romanian prison complex. (Credit: NBC News)

Hours after Fox News reports on recently interviewing Romanian hacker Guccifer, NBC News reports on their recent interview with Guccifer. Like the Fox News interview, the main story is that Guccifer claims to have gained access to Clinton’s private email server. He tells NBC News, “It was like an open orchid on the Internet. […] There were hundreds of folders.” He also calls her server “completely unsecured.”

An unnamed source with knowledge of the FBI’s Clinton investigation claims “that with Guccifer in US custody, investigators fully intend to question him about her server.”

While Fox News recently interviewed him in a US prison, NBC News interviewed him from a prison in Bucharest, Romania, where he was until he was extradited to the US in late March 2016. (NBC News, 5/4/2016)

LawNewz notes the timing, and asks, “Why would a major news network sit on such an explosive allegation—especially when the claim directly relates to a presidential candidate and the biggest story the 2016 presidential election cycle?” NBC News has not commented. (LawNewz, 5/4/2016)

An FBI report in September 2016 will assert that Guccifer admitted in his FBI interview that he lied about his claim to have accessed Clinton’s server.

May 4, 2016: A judge says Clinton may have to testify under oath in a court case.

US District Court Judge Emmet Sullivan has ordered some of Clinton’s former top aides to testify under oath about Clinton’s private email server and how the State Department handled Freedom of Information Act (FOIA) requests regarding Clinton’s emails. Based on what is revealed in those interviews, due to take place in the next two months, Sullivan says that a sworn deposition from Clinton herself “may be necessary.” Judicial Watch, who made the original FOIA requests, would have to file a separate request “at the appropriate time.”

The Associated Press notes, “That raises the possibility that Clinton could be ordered to testify in the midst of the presidential race.” (The Associated Press, 5/4/2016) (LawNewz, 5/4/2016)

May 4, 2016: Six former State Department officials are to be deposed under oath in the next two months.

Lewis Lukens (Credit: public domain)

Lewis Lukens (Credit: public domain)

US District Court Judge Emmet Sullivan says the depositions are necessary in order to determine if the department conducted an adequate search regarding Judicial Watch’s 2013 Freedom of Information Act (FOIA) request regarding the employment of Clinton aide Huma Abedin, since she had three outside jobs at one point.

Deposition questions are to be limited to the set-up and management of Clinton’s private server, since the department failed to reveal Clinton’s emails on the server in response to the FOIA request. The former aides due to be deposed in the next two months are:

  • Huma Abedin
  • Cheryl Mills
  • Bryan Pagliano
  • Patrick Kennedy
  • Stephen Mull
  • Lewis Lukens
  • plus, someone to be decided by the State Department.

Judicial Watch could make a video of their interviews public. (LawNewz, 5/4/2016) (The Associated Press, 5/4/2016)

May 5, 2016: The FBI is planning to interview Clinton soon.

Former US Attorney Matthew Whitaker (Credit: public domain)

Former US Attorney Matthew Whitaker (Credit: public domain)

It is reported that the FBI is likely to interview Clinton in “the next few weeks.” Clinton’s top aides have been interviewed in recent weeks and it appears Clinton will be interviewed last, at the very end of the FBI’s investigation. (Reuters, 5/5/2016) 

Former federal prosecutor Steven Levin says, “This certainly sends the signal that they are nearing an end to their investigation.” And while the FBI has not said that Clinton is the main target of their investigation, Levin notes that, “Typically, the way we structured investigations when I was a federal prosecutor is that we would seek to interview the target last.”

Former US attorney Matthew Whitaker says the FBI will only “ask her questions that they know the answers to already.” Their aim is to get her to confess to a crime, or to lie, which also would be a crime. (The Hill, 5/8/2016)

May 5, 2016: The State Department may postpone releasing documents about Clinton’s email security procedures until after the November 2016 presidential election.

Jason Koebler (Credit: Vice News)

Jason Koebler (Credit: Vice News)

In March 2015, shortly after Clinton’s exclusive use of a private email and server was first publicly revealed, Vice News filed a Freedom of Information Act (FOIA) request with the State Department for all “communications, presentations, and procedures created by the State Department to secure Hillary Clinton’s email from electronic threats.” In 2015, the Department began releasing some relevant emails, but no other relevant documents have been released.

After two delays, on this day, Vice News is told by the Department that the “estimated completion date” for the FOIA request has been “extended to December 2016.”

Vice News reporter Jason Koebler comments, “The FOIA process is a notorious mess, but it is patently ridiculous that records pertaining to the security practices of someone who stands a very good chance of running the country—and thus being in possession of highly sensitive documents at all times—won’t be made available to the public a year and a half after they were requested.” (Vice News, 5/5/2016)

May 5, 2016: It is reported that some of Clinton’s aides have recently been interviewed by the FBI as part of their Clinton email investigation.

CNN reports that “In recent weeks, multiple aides have been interviewed—some more than once,” according to unnamed US officials. Only Clinton’s former deputy chief of staff Huma Abedin is mentioned by name, who was interviewed at least once, on April 5, 2016. The FBI “has been quietly bringing witnesses into an FBI office without drawing attention.” They are likely to try to do the same when Clinton herself gets interviewed in the coming weeks. (CNN, 5/5/2016) (The Los Angeles Times, 5/5/2016)

May 5, 2016: CNN alleges the FBI has not proven that Clinton “willfully” broke the law; the investigation could conclude within weeks.

CNN reports, “The investigation is still ongoing, but so far investigators haven’t found evidence to prove that Clinton willfully violated the law the US officials say.” However, nothing has been said about crimes that did not involve willful violation of the law, such as gross negligence, or unsecure possession of classified material.

Unnamed officials also claim that “The probe remains focused on the security of the server and the handling of classified information and hasn’t expanded to other matters.”

Furthermore, “FBI officials overseeing the probe now expect to complete their work in the next few weeks and then turn over the findings to the Justice Department, which will make a final decision on whether to bring charges against anyone.” (CNN, 5/5/2016)

May 5, 2016: Accounts differ on the results of the FBI’s Clinton investigation so far.

The Washington Post reports, “Prosecutors and FBI agents investigating Hillary Clinton’s use of a personal email server have so far found scant evidence that the leading Democratic presidential candidate intended to break classification rules, though they are still probing the case aggressively with an eye on interviewing Clinton herself, according to US officials familiar with the matter.” Additionally, “One official said prosecutors are wrestling with the question of whether Clinton intended to violate the rules, and so far, the evidence seemed to indicate she did not.” (The Washington Post, 5/5/2016)

However, a few hours later, NBC News cites unnamed US officials who have a different point of view. “As for where the investigation stands, these officials say it is a long way from over. […] No conclusions have been reached about whether any laws were violated in setting up or using the system, the officials say.” (NBC News, 5/5/2016)

May 5, 2016: “Rocket docket” prosecutors are working with the FBI on the Clinton investigation.

Federal Prosecutor Dana Boente (Credit: public domain

Federal Prosecutor Dana Boente (Credit: public domain

It is reported that FBI investigators looking into Clinton’s email scandal have been joined by prosecutors from the US Attorney’s Office in the Eastern District of Virginia. The district is commonly nicknamed the “rocket docket” for the speed with which cases move through it. It is home to the CIA and the Pentagon, so it often deals with national security and terrorism cases. The office is led by veteran federal prosecutor Dana Boente. Prosecutors from the office have been working with the FBI to interview Clinton’s top aides. (The Washington Post, 5/5/2016)

May 5, 2016: 36 more Clinton emails are publicly released, suggesting many more still to come.

In January 2016, a federal judge ordered the State Department to release all the known emails of Huma Abedin from her time as Clinton’s deputy chief of staff. This is in response to a Freedom of Information Act (FOIA) lawsuit by Judicial Watch.

Over 29,000 pages of emails are due to be released in batches, and this is the first batch of 241 pages. Some of the emails are between Abedin and Clinton, and most if not all of them appear to be work-related, showing yet again that Clinton did not turn over all her work-related emails when she gave the State Department over 30,000 emails in December 2014.

21 of the emails between Abedin and Clinton date from January 28, 2009 to March 17, 2009; Clinton had said she didn’t use her new email account until March 18, 2009.

Another 15 emails between them date between March 18, 2009 to October 20, 2012, and do not match any of emails in the State Department’s database of the 30,000 publicly released Clinton emails. Whereas 16 emails dating from March 20, 2009 to May 28, 2009 do appear in that database. (Judicial Watch, 5/5/2016) (US Department of State, 5/1/2016) (US Department of State, 5/1/2016) 

Judicial Watch President Tom Fitton comments, “These emails further undermine Hillary Clinton’s statement, under penalty of perjury, suggesting she turned over all of her government emails to the State Department. How many more Hillary Clinton emails is the Obama State Department hiding?” (Judicial Watch, 5/5/2016) Since these emails appear to be:

  • a more or less random selection from all four years of Clinton’s time as secretary of state
  • about half of the emails from March 18, 2009 and afterwards are not included in the 30,000 previously released emails
  • this batch makes up less than one percent of all the Huma Abedin emails due to be released
  • Abedin’s emails make up only about 15 percent of the 30,000 emails

One can reasonably estimate that thousands of the over 31,000 emails Clinton deleted actually are work-related and are likely to be publicly released in later batch releases of Abedin’s emails as well as FOIA lawsuits forcing the release of emails from other top Clinton aides. In fact, if this sample is a truly random sample representative of the rest of the emails from Abedin and other top Clinton aides, well over 10,000 of Clinton’s deleted emails could be work-related.

May 8, 2016: Clinton says she’s “more than ready to talk to anybody, anytime” about her email scandal.

Clinton appears on Face the Nation, May 8, 2016. (Credit: CBS)

Clinton appears on Face the Nation, May 8, 2016. (Credit: CBS)

Clinton says in an interview that when it comes to her email scandal, “I’m more than ready to talk to anybody, anytime. And I’ve encouraged all of…my assistants to be very forthcoming. And I hope that this is close to being wrapped up.” She also adds that the FBI still has yet to contact or interview her regarding their investigation. “No one has reached out to me yet.” (CNN, 5/8/2016)

May 9, 2016: Blumenthal refuses to say if the FBI has interviewed him.

Clinton confidant Sid Blumenthal is asked if the FBI has interviewed him as part of their Clinton email investigation. He replies, “You know, I don’t really want to talk about an ongoing inquiry right now.” He says he will wait to speak until after the investigation is over. (The Hill, 5/9/2016)

In September 2016, it will be revealed Blumethal was interviewed by the FBI in January 2016.

May 9, 2016: Clinton’s text messages can’t be found.

In March 2016, the Republican National Committee (RNC) filed a Freedom of Information Act (FOIA) request for more of Clinton’s communications. For the first time, that included a request for all of her text and Blackberry Messenger communications.

However, on this day, the RNC states in a court filing that the State Department has recently informed them that it has not found any documents responsive to that request. (ABC News, 5/9/2016) It is possible some texts could still be on Clinton’s BlackBerry, but it is unclear what happened to it, as there have been no media reports that it was given to the FBI.

May 10, 2016: The New York Times reports that 18 of Clinton’s publicly released emails have been deemed classified on the grounds that they identified CIA officials.

The Times claims that, “In 18 emails, for example, information has been classified on the grounds that it identifies CIA officials, including two instances that are now considered “secret.” (The New York Times, 5/10/2016) 

However, this is not entirely accurate. A search of the State Department’s database of Clinton’s released emails indicates that 49 emails used the code “B3 CIA PERS/ORG,” which indicates a redacted mention of secret CIA personnel or organizational details. Many of these are emails from the same email chain. But there are in fact five separate chains mentioning the name of a CIA official classified at the “secret” level, not two. (US Department of State, 1/29/2016) (US Department of State, 2/29/2016) (US Department of State, 1/29/2016) (US Department of State, 1/29/2016) (US Department of State, 1/29/2016

There are 17 more separate email chains that have the redacted names of secret CIA officials, for a total of 22, not 18. Additionally, it has previously been reported that a “handful” of additional emails make veiled references to the fact that certain government officials actually work for the CIA. (NBC News, 2/4/2016)

May 10, 2016: A recent interview shows differences between FBI investigators and Justice Department prosecutors in the Clinton email investigation.

Cheryl Mills (right) and her attorney Beth Wilkinson (left) (Credit: Getty Images)

Cheryl Mills (right) and her attorney Beth Wilkinson (left) (Credit: Getty Images)

The Washington Post reports that Clinton’s former aide Cheryl Mills was recently interviewed by the FBI as part of their Clinton investigation. (It will later be revealed the interview took place on April 9, 2016.) Not long after it started, an FBI investigator asked Mills about how Mills chose which of Clinton’s emails to turn over to the State Department and which ones to delete.

It has been reported that process was done by Mills along with Clinton associates David Kendall and Heather Samuelson. However, Mills’ lawyer Beth Wilkinson and the Justice Department had agreed the topic would be off-limits. Mills and Wilkinson left the room, but they returned a short time later. Ultimately, Mills was not asked about that topic.

The Washington Post reports that Justice Department “prosecutors were somewhat taken aback that their FBI colleague had ventured beyond what was anticipated…” The topic was considered off-limits because “it was considered confidential as an example of attorney-client privilege.” Mills is a lawyer, but she served as Clinton’s chief of staff and it has never been reported that she has legally represented Clinton.

The Post also reports, “It is not completely unknown for FBI agents and prosecutors to diverge on interview tactics and approach, and the people familiar with the matter said Mills answered investigators’ questions.” (The Washington Post, 5/10/2016)

May 11, 2016: FBI Director James Comey says the FBI is conducting an “investigation” into Clinton’s emails and server, not a “security inquiry.”

Speaking to reporters, he adds, “We’re conducting an investigation […] That’s what we do. […] It’s in our name [the Federal Bureau of Investigation]. I’m not familiar with the term ‘security inquiry.’” Clinton and her spokespeople have repeatedly referred to it as a “security inquiry” or a “security referral.”

Comey also says that he feels “pressure” to complete the Clinton investigation soon, but “I don’t tether to any external deadline,” such as the Democratic convention in July 2016. He otherwise deflects questions about the investigation, saying it is on-going. (Politico, 5/11/2016) (The New York Times, 5/11/2016) (The Hill, 5/11/2016) (FBI, 5/14/2016)

May 12, 2016: Over 120 additional Clinton emails are publicly released.

More of Clinton’s emails from her time as secretary of state are released by the State Department, due to Freedom of Information Act (FOIA) lawsuits by Judicial Watch. In 2015, Clinton claimed that she didn’t start using her new private email address until March 18, 2009. But all these emails date from before then.

There are 15 emails using her old email address from January 22, 2009 (one day after she became secretary of state) to February 26, 2009. There are another 108 emails using her new email address (hosted on her private server) from January 30, 2009 to March 8, 2009. (Judicial Watch, 5/12/2016) (US Department of State, 4/29/2016) (US Department of State, 4/29/2016) (US Department of State, 4/29/2016) 

LawNewz notes that this email release “contradicts claims made by Clinton and her campaign that she did not begin using the private e-mail server until March 2009. […] The dates of the newly released e-mails also appear to contradict a declaration signed by Clinton, under penalty of perjury, saying she surrendered all her work-related e-mails to the State Department on December 5, 2014.” (LawNewz, 5/13/2016)

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: 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 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 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)