September 22, 2015: Clinton’s emails were improperly secured up until August 2015.

After it became clear by May 2015 that some of Clinton’s emails contained classified information, the security of the email copies possessed by Clinton’s lawyer David Kendall became an issue. In July 2015, State Department officials installed a special safe in Kendall’s office to store them.
However, on this day, Assistant Secretary of State Julia Frifield writes to Senate Judiciary Committee Chair Charles Grassley (R) that “while the safe was suitable for up to (top secret) information, it was not approved for TS/SCI material.” “TS/SCI” stands for “top secret, sensitive compartmented information.” Top secret information and above, such as TS/SCI, must be kept in a specially built secure room known as a SCIF [sensitive compartmented information facility]. Frifield argues that no one in the department knew Clinton’s emails contained such highly classified information.
The issue was resolved in August 2015 when the FBI took away Kendall’s copies of the emails. (The Associated Press, 9/28/2015)

September 22, 2015: Reports suggest the FBI has recovered Clinton’s deleted emails.

According to Bloomberg News, the FBI has been able to recover at least some of the 31,830 emails deleted by Clinton. The exact number of recovered emails is still unknown. Clinton claimed she deleted those emails, which make up slightly more than half of all her emails from her time as secretary of state, because they were personal in nature.

Bloomberg News reports that, “Once the emails have been extracted, a group of agents has been separating personal correspondence and passing along work-related messages to agents leading the investigation, the person said.” This clearly indicates that not all of the deleted emails were personal in nature, as Clinton has claimed. Clinton’s spokesperson does not address the discrepancy, except to say that Clinton continues to cooperate with investigators. (Bloomberg News, 9/2/2015) 

The same day, the New York Times also reports that deleted emails have been recovered. According to two unnamed government officials, “It was not clear whether the entire trove of roughly 60,000 emails had been found on the server, but one official said it had not been very hard for the FBI to recover the messages.” (The New York Times, 9/23/2015) 

Chris Soghoian, the lead technologist for the American Civil Liberties Union (ACLU), comments, “Clinton’s private email server was secure. Clinton’s people didn’t know how to delete her old emails. These two things can’t both be true.” (Business Insider, 9/23/2015)

A September 2016 FBI report will reveal that the FBI was able to recover about 17,500 of Clinton’s deleted emails. However, a computer program was used to wipe parts of Clinton’s server, preventing the recovery of the rest. (Federal Bureau of Investigation, 9/2/2016)

September 22, 2015: There is a dispute over how the State Department first came to request Clinton’s private emails.

The Washington Post notices a conflict between accounts by Clinton and by the State Department. On September 20, 2015, Clinton claimed, “When we were asked to help the State Department make sure they had everything from other secretaries of state, not just me, I’m the one who said, ‘Okay, great, I will go through them again. And we provided all of them.’”

But, as the Post describes it, State Department officials say “the request was not simply about general record-keeping but was prompted entirely by the discovery that Clinton had exclusively used a private email system. They also said they first contacted her in the summer of 2014, at least three months before the agency [formally] asked Clinton and three of her predecessors to provide their emails.” (The Washington Post, 9/22/2015

When Clinton is asked about this discrepancy, she says, “I don’t know that. I can’t answer that. All I know is that they sent the same letter to everybody. That’s my understanding.” (The Des Moines Register, 9/23/2015)