February 23, 2016: Secretary of State Kerry declines to answer if Clinton’s emails harmed US intelligence.

Senator Ron Johnson (Credit: John Shinkle / Politico)

Senator Ron Johnson (Credit: John Shinkle / Politico)

Senator Ron Johnson (R) asks Secretary of State John Kerry if he knows whether the US intelligence community has had to “mitigate the harm by the potential that our enemies might have access to that classified material that’s on Secretary Clinton’s server.”

Kerry replies, “I would not be able to discuss that in an open session.”

Then when asked by Johnson about letting his staff use a private server to send and receive classified information, Kerry responds, “In today’s world, given all that we’ve learned and what we understand about the vulnerability of our system, we don’t do that, no.” (The Hill, 2/23/2016) (The Daily Caller, 2/23/2016)

February 23, 2016: Top Clinton aides will be questioned under oath in a civil suit.

Huma Abedin uses her smart phone in Charleston, South Carolina, on February 26, 2016. (Credit: Getty Images)

Huma Abedin uses her smart phone in Charleston, South Carolina, on February 26, 2016. (Credit: Getty Images)

US District Court Judge Emmet Sullivan rules that Clinton aides Huma Abedin, Bryan Pagliano, Cheryl Mills, Patrick Kennedy, and others would likely be questioned about Clinton’s use of her private email server. There is no immediate plan to question Clinton herself, but that could change. Sullivan’s ruling is in response to Judicial Watch, which has been seeking to determine if Clinton’s server thwarted federal open records laws. Sullivan comments that months of news about the email scandal has created “at least a reasonable suspicion” that public access to government records has been undermined.

Sullivan was appointed by President Bill Clinton in 1994. The judge gives Judicial Watch and government lawyers until April 12, 2016 to create a plan to proceed. The Washington Post notes this creates “the prospect that key Clinton aides would face questions just as she tries to secure the Democratic nomination and pivot to a hotly contested November general election.” (The Washington Post, 2/23/2016)

February 23, 2016: A federal judge asks about failure to turn over Clinton records: “How in the world could this happen?”

Judge Emmet Sullivan (Credit: public domain)

Judge Emmet Sullivan (Credit: public domain)

US District Court Judge Emmet Sullivan, presiding over a lawsuit relating to Clinton’s emails, expresses puzzlement over the scandal. He notes that Clinton put the State Department in the position of having to ask her to return thousands of government records. He asks in a hearing, “Am I missing something? How in the world could this happen?” (The Washington Post, 3/27/2016) He adds, “It just boggles the mind a little that the State Department allowed this practice to occur in the first place. It is very, very troubling.” (CNN, 2/23/2016) He also comments, “There has been a constant drip, drip, drip of declarations. When does it stop? This case is about the public’s right to know.” (The Washington Post, 2/23/2016)