September 12, 2016: Senator Grassley accuses the FBI of manipulating which information about the Clinton email investigation becomes public in order to hide certain events.

Senator Charles Grassley (R), chair of the Senate Judiciary Committee, speaks in the Senate about difficulties he is having with the FBI’s selective release of information regarding the FBI’s Clinton email investigation.

Senator Charles Grassley speaks on the Senate floor on September 12, 2016. (Credit: YouTube)

Senator Charles Grassley takes to the Senate floor on September 12, 2016. (Credit: Public domain)

He points out that the FBI has taken the unusual step of releasing the FBI’s final report and Clinton interview summary. “However, its summary is misleading or inaccurate in some key details and leaves out other important facts altogether.”

He says there are dozens of completely unclassified witness reports, but even some Congressional staffers can’t see them “because the FBI improperly bundled [them] with a small amount of classified information, and told the Senate to treat it all as if it were classified.”

He says the normal procedure is for documents to have the classified portions marked. Then the unclassified portions can be released. But in defiance of regulations and a clear executive order on how such material should be handled, “the FBI has ‘instructed’ the Senate office that handles classified information not to separate the unclassified information.”

He points in particular to recently revealed news that Paul Combetta, an employee of the company (Platte River Networks) that managed Clinton’s private server from June 2013 onwards, deleted and wiped all of Clinton’s emails from the server in March 2015. Grassley claims “there is key information related to that issue that is still being kept secret, even though it is unclassified. If I honor the FBI’s ‘instruction’ not to disclose the unclassified information it provided to Congress, I cannot explain why.”

He also says, “Inaccuracies are spreading because of the FBI’s selective release. For example, the FBI’s recently released summary memo may be contradicted by other unclassified interview summaries that are being kept locked away from the public.”

He says he has been fighting the FBI on this, but without success so far, as the FBI isn’t even replying to his letters. (US Senate, 9/13/2016) (YouTube, 9/13/2016)

September 12, 2016: Bill Clinton claims the Clinton Foundation is more transparent than any other charitable foundation.

Bill Clinton talks to Charlie Rose on September 12, 2016. (Credit: CBS News)

Bill Clinton talks to Charlie Rose on September 12, 2016. (Credit: CBS News)

Former President Bill Clinton is interviewed by CBS News reporter Charlie Rose. He says, “I have said to the best of my knowledge nobody ever got anything from the State Department because they supported the Clinton Foundation. If they did and it was inappropriate, I would say that was wrong too. I have proved that I’m not averse to apologizing for things that I think were wrong. So I am unaware of that.”

He adds, “I believe, first of all, we’ve been as transparent as we can be. And we’ve been more transparent than any other foundation, more transparent than any other foundation has ever been asked to be, and certainly more transparent than anybody else in this line of work is.”

He also says, “Now, if you think nobody should ever call somebody they know and say, ‘Well, so-and-so would like a meeting’—that’s just the way the national government works, so I can’t say anything about that. But I can say to the best of my knowledge … that the people they accused or implied gave money to the foundation just so they could have some in with Hillary did not do that. That’s simply not true.” (CBS News, 9/12/2016)

September 12, 2016: One company that helped manage Clinton’s server complies with a Congressional subpoena, but two do not.

On August 22, 2016,  two Congressional committees issued subpoenas on the three companies involved in the management of Clinton’s private server: Platte River Networks (PRN), Datto, Inc., and SECNAP, Inc. They were ordered to turn over all responsive documents by September 12, 2016. Datto complies with some documents by the deadline, but PRN and SECNAP do not.

Representative Lamar Smith (Credit: Harry Hamburg / The Associated Press)

Representative Lamar Smith (Credit: Harry Hamburg / The Associated Press)

Representative Lamar Smith (R), chair of the House Science, Space, and Technology Committee, one of the two committees that issued the subpoenas, releases a statement on September 12, 2016 about this: “It is clear that the server maintained by Platte River contained official government business and even sensitive state secrets.  Alarmingly, Platte River and SECNAP denied having any documents related to information technology security precautions on former Secretary Clinton’s server or network.  This type of blatant denial and willful misinterpretation of the subpoenas will not be tolerated. I’m hopeful for the sake of our nation’s officials that email server security will be taken seriously and that these two companies will comply with legally issued subpoenas.”

Smith claims that PRN and SECNAP “chose willfully to misinterpret the plain language of the subpoena and did not provide any documents responsive to the Chairman’s subpoena.  Both companies claim to possess no responsive documents despite evidence to the contrary found in the documents produced by Datto as well as details outlined in the FBI’s release of documents on September 2, 2016.”

As a result, new subpoenas have been issued to SECNAP and PRN demanding the documents. (US Congress, 9/12/2016)

 

September 12, 2016: Pagliano indicates he will plead the Fifth again, despite a subpoena to testify before Congress.

Lawyers for Bryan Pagliano, the State Department employee who managed Clinton’s server when she was secretary of state, indicate he will plead the Fifth Amendment yet again. He was given a subpoena to speak before a Congressional hearing the next day, on September 13, 2016.

Pagliano refused to speak before a Congressional inquiry in September 2015, refused to take questions for a State Department inspector general’s report published in May 2016, pled the Fifth when he was deposed in a Freedom of Information Act (FOIA) lawsuit in June 2016, and only took part in the FBI’s Clinton investigation after agreeing to an immunity deal.

Mark MacDougall (Credit: Akin Gump)

Mark MacDougall (Credit: Akin Gump)

Pagliano’s five lawyer team, led by Mark MacDougall, claim: “Any effort to require Mr. Pagliano to publicly appear this week and again assert his Fifth Amendment rights before a committee of the same Congress, inquiring about the same matter as the Benghazi Committee, furthers no legislative purpose and is a transparent effort to publicly harass and humiliate our client for unvarnished political purposes.”

Justin Cooper, a Bill Clinton aide who helped Pagliano manage the server, reportedly has indicated that he will answer questions in the hearing. (The Washington Post, 9/12/2016)

The next day, Pagliano will fail to appear before the Congressional hearing at all.