September 23, 2016: Clinton’s lawyer refuses to comply with part of a subpoena for some of Clinton’s server security details.

Clinton’s personal lawyer David Kendall sends a letter to House Science, Space and Technology Committee chair Representative Lamar Smith (R), complaining about a recent Congressional subpoena to the computer company SECNAP, Inc., which assisted with the security of Clinton’s private server from 2013 onwards.

David Kendall (Credit: Williams & Connolly)

David Kendall (Credit: Williams & Connolly)

Kendall writes, “The subpoena … is overbroad.  We have no objection to the production of documents related to the SECNAP security device used in connection with the server that … hosted Secretary Clinton’s emails from her tenure as secretary …. We do object, however, to the production of SECNAP documents and security information regarding security equipment that was used by CESC [Clinton Executive Security Corp.] after the prior server was provided to the FBI, and thus, never hosted Secretary Clinton’s work-related emails.”

Kendall continues, “Documents regarding this equipment are likely to contain sensitive information related to security of the current network and/or server. Because these documents are unrelated to the Committee’s investigation and contain sensitive security information, I respectfully object to the portion of the subpoena seeking their production.”

Because SECNAP was hired by CESC, a Clinton family company, they want approval from Clinton’s lawyers regarding cooperation with government authorities. (Politico, 09/23/16)

September 23, 2016: The FBI has recovered 5,600 of Clinton’s deleted emails, but only about 10 percent of those will be released before the presidential election.

US District Judge James Boasberg (Credit: public domain)

US District Judge James Boasberg (Credit: public domain)

US District Judge James Boasberg orders the State Department to finish publicly releasing about 1,000 pages of  Clinton’s emails recovered by the FBI by November 4, 2016, just four days before the US presidential election. When Clinton turned over 55,000 pages of emails in December 2014, that totaled 30,000 emails, so if the same ratio holds, that would mean between 500 and 600 emails. Due to an on-going Freedom of Information Act (FOIA) lawsuit by Judicial Watch, the State Department will release 350 pages of emails by October 7, 350 pages by October 21, and another 350 by November 4. After that, it will produce 500 pages a month.

In late July 2016, the FBI gave the State Department 15,000 emails that had been recovered by the FBI out of Clinton’s 31,000 deleted. For the first time, it  is revealed that about 9,400 of these have been deemed purely personal by the department, which means they will not ever be publicly released. That means there are about 5,600 work-related emails to be reviewed and released. But roughly half of those may be largely duplicates of emails that have already been released. For instance, Clinton was often send emails to aides she wanted printed out for later reading, and would merely comment “Please print,” or she would forward an email to an aide without comment.

It is estimated only about 10 percent of the Clinton work-related emails recovered by the FBI will be made public before the election. Tom Fitton, president of Judicial Watch, complains, “The public deserves to know what is in those emails, well before November 8, and the State Department should not continue dragging its feet on producing them.” (The New York Times, 9/23/2016)

September 23, 2016: Three more people were given immunity deals in the FBI’s Clinton investigation.

Representative Jason Chaffetz (R), chair of the House Oversight and Government Reform Committee, claims the Justice Department was “handing out immunity deals like candy” in the Clinton email investigation. Chaffetz claims the Justice Department “exempted key physical evidence from any potential criminal case against the aides.”

According to Chaffetz, three former Clinton aides – Cheryl Mills, Heather Samuelson, and John Bentel – were granted immunity deals in exchange for their cooperation. Mills was Clinton’s chief of staff and then has been one of her lawyers  Samuelson was a State Department aide and then also has been a Clinton lawyer. Bentel was director of the department’s Office of Information Resources Management (IRM).

The Justice Department provided copies of the immunity agreements to the House Oversight Committee this week, under seal. The information was then leaked to the Associated Press.

Mills “gave federal investigators access to her laptop on the condition that what they found couldn’t be used against her.” It is believed the same happened to Samuelson. Bentel apparently refused to be interviewed by the FBI until he got an immunity deal.

This brings the total number of people who were granted immunity as part of the FBI’s investigation to at least five. It has previously been reported that Bryan Pagliano and Paul Combetta were given immunity for their cooperation with the FBI. (The Associated Press, 09/23/16)