September 2016: The FBI’s Clinton Foundation investigation tries but fails to get access to possibly relevant emails found in the Clinton email investigation.

Although the FBI’s Clinton email investigation was closed in July 2016, the FBI’s Clinton Foundation investigation continues, though it never has had grand jury backing and thus no subpoena power.

 Clinton closes the 10th Clinton Global Initiative (CGI) Annual Meeting in September, 2014. (Credit: Mark Lennihan / The Associated Press)

Clinton speaks at the 10th Clinton Global Initiative (CGI) annual meeting in September, 2014. (Credit: Mark Lennihan / The Associated Press)

The email investigation uncovered many thousands of emails on non-government computers belonging to Clinton and some of her aides, and many of these same people had obvious roles with the Clinton Foundation. As a result, sometime in September 2016, Clinton Foundation investigators ask to have access to the emails found in the Clinton email investigation.

But that request is rejected by prosecutors at the Eastern District of New York. According to the Wall Street Journal, “Those emails were given to the FBI based on grants of partial immunity and limited-use agreements, meaning agents could only use them for the purpose of investigating possible mishandling of classified information. Some FBI agents were dissatisfied with that answer, and asked for permission to make a similar request to federal prosecutors in Manhattan, according to people familiar with the matter.”

However, Deputy FBI Director Andrew McCabe allegedly tells them no and says they can’t “go prosecutor shopping.”

In early October 2016, a different FBI investigation will find emails belonging to Clinton aide Huma Abedin on a previously unknown computer, leading to a different legal issue about sharing information between various FBI investigations.

It appears the FBI’s Clinton Foundation investigation still has not been given access to the possibly relevant emails found by the Clinton email investigation. (The Wall Street Journal, 10/30/2016)

September 1, 2016: Putin denies that Russia was involved in the DNC hack.

Russian President Vladimir Putin says in an interview about accusations of Russian government in the hacking of Democratic National Committee (DNC) emails: “Listen, does it even matter who hacked this data? The important thing is the content that was given to the public …. There’s no need to distract the public’s attention from the essence of the problem by raising some minor issues connected with the search for who did it. … But I want to tell you again, I don’t know anything about it, and on a state level Russia has never done this.”

However, an internal probe conducted by CrowdStrike Inc. traced the source of the hack to two Russian hacking groups connected with Russian intelligence, “Cozy Bear” and “Fancy Bear.”

John Lewis (Credit: public domain)

James Lewis (Credit: public domain)

James Lewis, a cybersecurity expert at the Center for Strategic and International Studies, claims that Russia has engaged in state hacking in the past and that Putin’s denials are “not credible.”

Putin continues: “You know how many hackers there are today? They act so delicately and precisely that they can leave their mark — or even the mark of others — at the necessary time and place, camouflaging their activities as that of other hackers from other territories or countries. It’s an extremely difficult thing to check, if it’s even possible to check. At any rate, we definitely don’t do this at a state level.” (Bloomberg News, 9/1/2016)

September 1, 2016: The Romanian hacker known as Guccifer is sentenced to four years and three months in prison.

160901GucciferNBCNews

Marcel-Lehel Lazar aka Guccifer (Credit: NBC News)

Guccifer, whose real name is Marcel-Lehel Lazar, pled guilty in a US court to two charges earlier in the year, eliminating the need for a trial. He admitted to targeting over 100 Americans over a 14-month period. When he broke into the email account of Clinton confidant Sid Blumenthal in March 2013, he publicly exposed Clinton’s private email address for the first time.

Guccifer has been cooperating with US officials, but federal prosecutors sought a maximum penalty of four and a half years anyway. US District Judge James Cacheris imposes sentence only three months short of that, saying a tough penalty is needed to deter future hacking. Furthermore, while Guccifer confessed, he showed no remorse.

He had already been sentenced to a seven year prison term for hacking in Romania, and was extradited to the US to face charges there. The Romanian government has asked that he be immediately returned to Romania to finish serving his time there. Then, in 2018, he would be sent back to the US to serve his US prison sentence. (The Washington Post, 9/1/2016)