September 13, 2016: Representative Chaffetz claims that fewer than 20 of Pagliano’s emails have been recovered.

In comments during a Congressional hearing relating to Clinton’s use of a private server, Representative Jason Chaffetz (R) comments about Clinton’s server manager Bryan Pagliano, “[I]t’s our understanding [that] Mr. Pagliano worked in the I.T. department at the State Department nearly four years yet virtually every single email Mr. Pagliano had has suddenly disappeared. There’s something like less than 20 emails…”

Bryan Pagliano’s empty chair at the hearing. (Credit: CSpan)

Chaffetz also says, “Mr. Pagliano is important because he was receiving a paycheck from the Clintons but failed to disclose that on his financial forms. We’d like to give him an opportunity to answer that question. We also believe he entered into an immunity agreement. You’d think somebody would sing like a songbird if you got immunity from the FBI. What are you afraid of?”

Pagliano cannot answer the question because he fails to attend the hearing, despite a Congressional subpoena to do so. (US Congress, 9/13/2016)

It has been reported that the .pst file containing all of Pagliano’s State Department emails has been lost.

The FBI Clinton email investigation’s final report failed to mention the issue of Pagliano’s lost emails or how many of his emails the FBI had or found. (Federal Bureau of Investigation, 9/2/2016)

September 13, 2016: A Congressperson alleges that Clinton is responsible for a computer company not complying with a Congressional subpoena related to Clinton’s private server.

On September 12, 2016, a deadline to respond to a subpoena issued by a Congressional committee passed. Three companies involved in the management of Clinton’s private server had been given the subpoena, and one – Datto, Inc. – responded in time with documents, while the other two – Platte River Networks (PRN) and SECNAP, Inc.  – did not.

The next day, Representative Lamar Smith (R) comments in a related Congressional hearing, “just this morning… SECNAP’s [legal] counsel confirmed to my staff that the Clinton’s private LLC [Clinton Executive Service Corp.] is actively engaged in directing their obstructionist responses to Congressional subpoenas.” (US Congress, 9/13/2016)

Clinton’s lawyer will later confirm that he is prohibiting SECNAP from fully complying with a subpoena.

September 13, 2016: Two former managers of Clinton’s private server plead the Fifth before a Congressional hearing; one other fails to appear at all.

The House Oversight and Government Reform Committee holds a public hearing related to the management of Clinton’s private server. Four people associated with the management of Clinton’s private server had been served by Congressional subpoenas on September 8, 2016 to force them to testimony:

Paul Combetta (left) Bill Thornton (center) Justin Cooper (right) (Credit: CSpan)

Paul Combetta (left) Bill Thornton (center) Justin Cooper (right) (Credit: CSpan)

  • Bryan Pagliano, a former State Department employee who managed Clinton’s server while she was secretary of state. He defies the subpoena by failing to appear at all.
  • Justin Cooper, a former Bill Clinton aide who helped Pagliano manage the server. He does answer questions for nearly two hours at the hearing.
  • Paul Combetta, a Platte River Networks (PRN) employee, which managed the server from June 2013 until at least late 2015. He deleted and then wiped all of Clinton’s emails from her server. He fails to answer any questions and pleads the Fifth instead.
  • Bill Thornton, another PRN employee who managed the server with Combetta. He also to answer any questions and pleads the Fifth instead.

Pagliano’s lawyers have complained the hearing is politically biased and he will continue to refuse to participate. He has also failed to cooperate with another Congressional committee in 2015, a State Department inspector general’s investigation, and a deposition in a Freedom of Information Act (FOIA) lawsuit.

Representative Jason Chaffetz (R) says of Pagliano’s refusal to appear: “He made the decision not to be here and there are consequences for that. … We’ll look at the full range of options. If anybody is under any illusion I’m going to let go of this and let it sail off into the sunset they are very ill-advised.” However, he doesn’t specify what the penalties might be. (The Associated Press, 9/13/2016) (US Congress, 9/13/2016)

Austin McChord, the CEO of Datto, Inc., was also scheduled to appear, but there is no mention of him. Presumably, he is rescheduled for another hearing.

September 13, 2016: Justin Cooper was an administrator of Clinton’s private server and yet had no security clearance; Clinton apparently wasn’t asked about this.

Justin Cooper appears before the House Oversight and Government Affairs Committee on September 13, 2016 (Credit: Alex Wong / Getty Images)

Justin Cooper appears before the House Oversight and Government Affairs Committee on September 13, 2016. (Credit: Alex Wong / Getty Images)

Justin Cooper worked with Bryan Pagliano to manage Clinton’s private server while she was secretary of state. But while Pagliano was a State Department employee, Cooper was an aide to former President Bill Clinton as well as a Clinton Foundation employee. When Cooper testifies before a Congressional committee on this day, he is asked by Representative Jason Chaffetz (R) if he had a security clearance while he was helping to manage the server.

He replies, “No, I did not have a security clearance.”

He mentions that he worked in the White House from 2000 to 2001, but he is not asked if he had a security clearance in those years. However, he mentions that he wasn’t involved in handling classified information at that time.

Chaffetz also asks him, “You had access to the server the entire time you were working for the Clintons?”

He answers, “Yes I had access to the server.”

He also mentions that both he and Pagliano had remote access, which means they could have accessed Clinton’s emails over the Internet at any time. (US Congress, 9/13/2016)

Curiously, the FBI Clinton email investigation’s final report, released earlier in September 2016, doesn’t mention Cooper’s lack of a security clearance. Nor is it mentioned in the summary of Clinton’s July 2016 FBI interview, which is made public in early September 2016 as well, if Clinton knew Cooper had no security clearance when she hired him and continued to pay him for managing the server. (Federal Bureau of Investigation, 9/2/2016)

September 13, 2016: “Less than 20 people” had access to Clinton’s private server.

Cooper shakes hands with Representative Chaffetz after the hearing. (Credit: public domain)

Cooper shakes hands with Representative Chaffetz after the hearing. (Credit: CSpan)

Justin Cooper worked with Bryan Pagliano to manage Clinton’s private server while she was secretary of state. When Cooper testifies before a Congressional committee on this day, he is asked by Representative Jason Chaffetz (R), “[H]ow many people had access to the server?”

He replies, “There were two people who had some administrative rights, myself and Mr. Pagliano. I can’t off the top of my head tell you exactly how many users there were over the lifetime of the server, but it was less than 20 people.”

He also mentions, “The only remote access login to the server was for myself and Mr. Pagliano.”

At other points in his testimony, he says that most of the users were members of former President Bill Clinton’s staff and/or Clinton Foundation employees. Cooper doesn’t have a security clearance and its probable that most of the others with access to the server don’t have security clearances either. (US Congress, 9/13/2016)

In July 2016, FBI Director James Comey claimed that Clinton gave between three and nine people without a security clearance access to the server, but he may be defining “access” in a different manner than Cooper.

September 13, 2016: Colin Powell’s recently hacked emails are published.

On September 13, 2016, hacked emails belonging to former Secretary of State Colin Powell appear on a website known as DCLeaks.com.  It is unclear who owns the DCLeaks website, which only appeared on the Internet a few months earlier. They are known for previously publishing hacked emails belonging to prominent Democrats and Republicans, including General Philip M. Breedlove, the former commander of NATO forces in Europe, and George Soros, a wealthy backer of liberal causes. It is also reported to have ties to Guccifer 2.0, who in turn has been accused of having links to the Russian government.

Colin Powell (Credit: Paul Morigi / Getty Images)

Colin Powell (Credit: Paul Morigi / Getty Images)

Powell’s aide Peggy Cifrino states, “We are confirming that General Powell has been hacked and that they are his emails. We have no further comment at this time.” The dates of Powell’s hacked emails range from June 24, 2014 to as recently as August 29, 2016.

Some of the emails are first reported by BuzzFeed and the Intercept, followed by many other prominent mainstream news sources.

The New York Times reports, “A hack of Mr. Powell’s email this week has ripped away the diplomatic jargon and political niceties to reveal his unvarnished disdain of Donald J. Trump as a ‘national disgrace,’ his personal peeves with Hillary Clinton and his lingering, but still very raw, anger with the Republican colleagues with whom he so often clashed a decade ago.” (New York Times, 09/14/16)