August 22, 2016: A Congressperson issues subpoenas to three companies that helped manage Clinton’s private email server.

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Representative Lamar Smith (Credit: public domain)

Representative Lamar Smith (R), chair of the Committee on Science, Space and Technology, issues subpoenas for Platte River Networks, which managed Clinton’s server from May 2013 until August 2015; Datto, Inc., which made back-up copies of the server; and SECNAP, which carried out threat monitoring of the network connected to Clinton’s server. Smith wants documents from the companies by September 9, 2016, after they declined to voluntarily produce them. Congressional committees requested information since August and November 2015, to no avail. The companies had been threatened with subpoenas on July 12, 2016.

Smith comments, “Companies providing services to Secretary Hillary Clinton’s private email account and server are not above the law.” He claims the information he is seeking is “critical to… informing policy changes in how to prevent similar email arrangements in the future.”

Smith is working with Senator Ron Johnson (R), chair of the Senate Homeland Security and Governmental Affairs Committee. They are looking for information about breaches or potential breaches, and documents that detail the scope of the work of each company. (The Washington Post, 8/22/2016)

August 22, 2016: Chaffetz claims the FBI’s Clinton investigation documents given to Congress are overly classified.

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Representative Jason Chaffetz (Credit: The Associated Press)

Representative Jason Chaffetz (R), chair of the House Oversight Committee, has started looking over the documents the FBI gave to Congress several days earlier. He complains about the “high level of redactions.”

He says: “Hillary Clinton is out there saying there’s not very much sensitive information in there, that she didn’t trade in sensitive classified information. It’s so sensitive and so classified that even I as the chairman of the Oversight Committee don’t have the high level of clearance to see what’s in those materials. I think the documents are overly classified. We’re going to call on the FBI this week to give us a version where there’s non-classified, the unclassified material, and the classified material redacted so that that could be out there in the public. I think that’s the right thing to do.”

He adds that he is not accusing the FBI of protecting Clinton, but “A lot of this that they claim is classified is just flat-out embarrassing. There’s nothing classified about it, it’s just embarrassing. It’s a lot of immature name-calling, stuff like that.”

Chaffetz also says that when he asked the FBI to provide a second copy of the documents in a classified setting, he was given documents that are “different.” “So we have a second set of documents that’s now different. When you turn them page by page, they’re different. I don’t know why that happened.” He is trying to resolve the issue. (Politico, 8/22/2016)

August 22, 2016: The State Department is ordered to review nearly 15,000 Clinton emails for public release, but it is unclear how many of these are previously unreleased work-related emails.

During the FBI’s Clinton email investigation, the FBI found some of Clinton’s over 31,000 deleted emails from when she was secretary of state. At the conclusion of the investigation in July 2016, FBI Director James Comey said the FBI “discovered several thousand work-related emails,” but is it uncertain exactly how many of these emails were found, either work-related or personal. The FBI has given the State Department a CD containing the found emails, and the department has said it will publicly release all the work-related ones.

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US District Judge James Boasberg (Credit: Diego M. Radzinschi / National Law Review)

In a court hearing presided by US District Judge James Boasberg on this day, it is revealed that the CD contains around 14,900 emails. Boasberg orders the State Department to review the emails for public release in response to various Freedom of Information Act (FOIA) lawsuits by Judicial Watch. However, it is still unclear if any of these are duplicates of the 30,000 Clinton emails already publicly released. Furthermore, it is unknown how many of the found deleted emails are personal and how many are work-related (aside from Comey’s vague “several thousand” emails comment).

In addtion, the FBI has given the State Department seven other CDs: one contains classified documents related to Clinton, another contains emails returned by Clinton, and the other five contain materials from other people that was retrieved by the FBI.

State Department spokesperson Mark Toner says, “We can confirm that the FBI material includes tens of thousands of non-record (meaning personal) and record materials that will have to be carefully appraised at State. State has not yet had the opportunity to complete a review of the documents to determine whether they are agency records or if they are duplicative of documents State has already produced through the Freedom of Information Act.”

Regarding the CD of Clinton emails, Toner says, “We still don’t have a full sense of how many of the 14,900 are new. Granted, that’s a healthy number there, so there’s likely to be quite a few.”

Republican National Committee (RNC) chair Reince Priebus comments, “The process for reviewing these emails needs to be expedited, public disclosure should begin before early voting starts, and the emails in question should be released in full before Election Day.” (Politico, 8/22/2016) (The Washington Post, 8/22/2016)

On September 23, 2016, it will be revealed that 5,600 of the 14,900 recovered emails are deemed work-related.