1996: Future FBI Director Comey wants to charge Hillary Clinton in the Whitewater investigation.

Cover of Time magazine on April 4, 1994, with the subhead "How the president's men tried to hinder the Whitewater investigation" (Credit: Time Magazine)

Cover of Time magazine on April 4, 1994, with the subhead “How the president’s men tried to hinder the Whitewater investigation” (Credit: Time Magazine)

James Comey is deputy special counsel to the Senate Whitewater Committee. According to Time Magazine in March 2016: “In 1996, after months of work, Comey came to some damning conclusions: Hillary Clinton was personally involved in mishandling documents and had ordered others to block investigators as they pursued their case. Worse, her behavior fit into a pattern of concealment: she and her husband had tried to hide their roles in two other matters under investigation by law enforcement. Taken together, the interference by White House officials, which included destruction of documents, amounted to ‘far more than just aggressive lawyering or political naiveté,’ Comey and his fellow investigators concluded. It constituted ‘a highly improper pattern of deliberate misconduct.’”

However, Comey is not in charge of the case, and his superiors decide not to press charges against Bill or Hillary Clinton in the matter.

In 2013, Comey will be appointed director of the FBI, which will make him the de facto head of the FBI’s investigation into Clinton’s emails that starts in 2015. (Time, 3/31/2016)

June 2, 1996: Clinton shows a pattern of evasion regarding the Whitewater investigation.

Clinton talks to reporters after testifying before a grand jury investigating Whitewater on January 26, 1996. (Credit: The Associated Press)

Clinton talks to reporters after testifying before a grand jury investigating Whitewater on January 26, 1996. (Credit: The Associated Press)

The Washington Post publishes a front-page story analyzing Hillary Clinton’s public comments about the Whitewater investigation. It concludes, “From the beginning of the Whitewater controversy, Hillary Clinton has maintained a public posture seemingly at odds with her actions. She was reluctant to release records during the 1992 campaign. She fought David Gergen’s recommendation to turn over all the records in 1993. She led White House opposition to the appointment of a special counsel in early 1994. There appears to be a four-year pattern of Hillary Clinton avoiding full disclosure, occasionally forgetting places and events that might embarrass her, and revising her story as documents emerge and the knowledge of her questioners deepens.” (The Washington Post, 6/2/1996)

Bloomberg News will later comment, “The impression that she had something to hide—even when she may not have—was cemented when her Whitewater billing records from her old practice, the Rose Law Firm, mysteriously went missing for two years, then turned up in a reading room in the third-floor residence at the White House.” (Bloomberg News, 3/3/2015)

April 11, 2006: A TSA whistleblower is improperly fired and accused of leaking classified information.

Robert MacLean (Credit: public domain)

Robert MacLean (Credit: public domain)

In early April 2006, TSA [Transportation Security Administration] official Robert MacLean appears on NBC News incognito to complain that the TSA is requiring sky marshals to wear suits and ties, making them easily identifiable to potential terrorists. But his identity is somehow discovered by the TSA, and he is fired on April 11, 2006.

The TSA claims he leaked “Sensitive Security Information.” However, he argues that the text message he leaked wasn’t marked as classified and was sent to sky marshals over regular phone lines.

In 2014, after years of legal battles, the US Supreme Court will rule that the Whistleblower Protection Act prevented his firing. A year later, he will be reinstated, but he says he is still fighting with the TSA.

In September 2015, he will note similarities between his case and Clinton’s email scandal, but he predicts she will have an easier time than he did. “There’s just a different standard for whistleblowers than for politicians.” (McClatchy Newspapers, 9/29/2015)

January 1, 2007: An NSA whistleblower is harassed by the government despite no evidence against him.

William Binney (Credit: Thomas Peter / Reuters)

William Binney (Credit: Thomas Peter / Reuters)

In 2002, William Binney, a recently retired NSA [National Security Agency] official, alerted the Defense Department’s inspector general that the department is wasting over $3 billion on a new system to track Internet data, when it could be done for $3 million instead.

In 2007, the FBI searches his home in a hunt for whoever leaked details of a secret post-9/11 domestic wiretapping program. He isn’t prosecuted, since he had nothing to do with that leak, but government officials “blackball” his consulting firm for intelligence agencies, costing him millions of dollars. He is wiretapped, stripped of his security clearance, and threatened with prosecution for two years.

In 2015, he will complain that he was unfairly targeted because he was a whistleblower. He says Clinton and other top ranking officials will never get prosecuted, no matter what they do. “These people are above the law.” (McClatchy Newspapers, 9/29/2015)

January 21, 2009: President Obama pledges to increase government transparency.

President Obama delivers a speech after being sworn in on January 21, 2009. (Credit: Jim Young / Reuters)

President Obama delivers a speech after being sworn in on January 21, 2009. (Credit: Jim Young / Reuters)

During his swearing-in ceremony, Obama says, “Let me say it as simply as I can. Transparency and the rule of law will be the touchstones of this presidency.”

He adds, “Starting today, every agency and department should know that this administration stands on the side not of those who seek to withhold information, but those who seek to make it known. […] The Freedom of Information Act [FOIA] is perhaps the most powerful instrument we have for making our government honest and transparent, and of holding it accountable. And I expect members of my administration not simply to live up to the letter but also the spirit of this law.” (The White House, 1/21/2009)

In November 2016, Slate will comment, “Needless to say, the agencies have not taken this order seriously, nor has Obama pressured or prodded them to do so. Many crises crowded his agenda soon after his inauguration, leaving the cause of government openness on the back burner, if not in the freezer.” (Slate, 11/2/2016)

March 2009—2014: The Clintons and the Clinton Foundation benefit after Hillary Clinton helps Swiss bank UBS.

Clinton appears with Swiss Foreign Minister Micheline Calmy-Rey, (left), at the State Department on July 31, 2009, announcing a settlement in a legal case involving UBS. (Credit: J. Scott Applewhite / The Associated Press)

Clinton appears with Swiss Foreign Minister Micheline Calmy-Rey, (left), at the State Department on July 31, 2009, announcing a settlement in a legal case involving UBS. (Credit: J. Scott Applewhite / The Associated Press)

In 2007, a whistleblower gave information about thousands of US citizens who were putting money in Swiss mega-bank UBS to avoid paying US taxes. The IRS [Internal Revenue Service] sues UBS to learn the identities of US citizens with secret bank accounts. UBS faces either complying and violating strict Swiss banking secrecy laws, or refusing and facing criminal charges in a US court.

The US government decides to treat this as a political matter with the Swiss government instead of just a legal problem with the bank. In March 2009, Clinton meets with Swiss officials and brings up a number of unrelated issues where the US wants help from Switzerland, such as using Swiss neutrality to help release a US citizen imprisoned in Iran. The Swiss help with these other issues, and appear to get concessions in the UBS case in return.

On July 31, 2009, Clinton announces a legal settlement: the US government dismisses the IRS lawsuit, and UBS turns over data on only 4,450 accounts instead of the 52,000 accounts worth $18 billion wanted by the IRS.

Some US politicians criticize the deal. For instance, Senator Carl Levin (D), says, “It is disappointing that the US government went along.” A senior IRS official will later complain that many US citizens escaped scrutiny due to the deal.

Former president Bill Clinton and UBS Wealth Management Chief Executive, Bob McCann, took the stage at a Clinton Global Initiative event in 2011. (Credit: Brian Kersey /UPI/ Landov)

Former president Bill Clinton and UBS Wealth Management Chief Executive, Bob McCann, took the stage at a Clinton Global Initiative event in 2011. (Credit: Brian Kersey /UPI/ Landov)

UBS then helps the Clintons in various ways:

  • Total UBS donations to the Clinton Foundation grow from less than $60,000 through 2008 to about $600,000 by the end of 2014.
  • Starting in early 2010, UBS works with the foundation to launch entrepreneurship and inner-city loan programs, and lends the programs $32 million. In 2012, the foundation will tout these programs as one of their major accomplishments.
  • UBS gives the foundation $100,000 for a charity golf tournament.
  • In 2011, UBS pays Bill Clinton $350,000 for discussing the economy at a UBS event.
  • Also in 2011, UBS pays Bill Clinton $1.5 million to take part in eleven question and answer sessions with a UBS official, making UBS his largest corporate source of speech income.

In 2015, the Wall Street Journal will comment, “there is no evidence of any link between Mrs. Clinton’s involvement in the case and the bank’s donations to [the foundation], or its hiring of Mr. Clinton. But her involvement with UBS is a prime example of how the Clintons’ private and political activities overlap.”

Lawrence Lessig, a Harvard law professor and Democrat, will say of the Clintons, “They’ve engaged in behavior to make people wonder: What was this about? Was there something other than deciding the merits of these cases?” (The Wall Street Journal, 7/30/2015)

The Atlantic magazine will comment, “If you’re Bill Clinton and your wife has recently intervened in her capacity as a cabinet secretary to help a giant corporation avert a significant threat to its bottom-line, the very least you could do, if only to avoid the appearance of impropriety, is to avoid negotiating seven-figure paydays with that same corporation. [The fact he didn’t do that] is particularly jaw-dropping because ultra-wealthy Bill Clinton has virtually unlimited opportunities to give lucrative speeches to any number of audiences not directly implicated by decisions that his wife made as secretary of state.” (The Atlantic, 7/31/2015)

September 18, 2012—February 2013: A nuclear energy whistleblower is targeted for allegedly having classified information on a computer.

Lawrence Criscione (Credit: Michael Weaver / McClatchy)

Lawrence Criscione (Credit: Michael Weaver / McClatchy)

On September 18, 2012,  NRC [Nuclear Regulatory Commission] engineer Lawrence Criscione sends a long letter to NRC chair Allison Macfarlane about dangerous problems at the Oconee nuclear plant in South Carolina. He shares the letter with 13 members of Congress.

One day later, the NRC’s inspector general begins investigating if he illegally made information marked “For Official Use Only” public. Another government agency soon rules that such information is an “unofficial administrative marking that has no legal import.”

But in February 2013, the inspector general nevertheless asks the Justice Department to charge him with misusing his government computer to transmit sensitive information. Several days later, the department decides not to prosecute him. But it takes another 13 months before he is formally cleared.

Speaking in 2015, Criscione believes he was unfairly targeted to discourage other whistleblowers. Referring to Clinton’s email scandal, he says, “If a career civil servant had a server with ‘top secret’ information in his basement, he would without a doubt do time” in prison. (McClatchy Newspapers, 9/29/2015)

March 4, 2015: Clinton’s emails could have been read by the company that filtered them for spam.

McAfee Logo (Credit: McAfee)

McAfee Logo (Credit: McAfee)

In July 2013, Clinton’s private server was reconfigured to use a commercial email provider, MX Logic, which is owned by McAfee, Inc. (The Associated Press, 3/4/2015) 

Cybersecurity expert Brian Reid analyzed public records about the server and found that Clinton’s emails were routed to McAfee for spam and virus filtering. He says, “The email traces all end at McAfee. If nothing else, they have and had the technical ability to read her email. This does not mean they did, only that they could have.” (McClatchy Newspapers, 3/4/2015)

June 14, 2015: Obama’s former chief of staff Bill Daley says he never knew Clinton used a private server.

Bill Daley (Credit: NBC / Meet the Press)

Bill Daley (Credit: NBC / Meet the Press)

Daley was White House chief of staff to President Obama from January 2011 to January 2012. He says, “Obviously, it was something that I did not know and others didn’t…”

A reporter presses him, “So you had no idea at all that there was a server over at the Clintons’ residence?”

Daley responds, “No. How would I know that?” (NBC News, 6/14/2015)

July 29, 2015: Congressional Republicans are increasingly concerned about Clinton’s lawyer possessing her emails.

Bradley Moss (Credit: public domain)

Bradley Moss (Credit: public domain)

Senator Ron Johnson (R), chair of the Senate Homeland Security and Governmental Affairs Committee, writes a letter to Clinton’s personal lawyer David Kendall. He asks him what he’s done to “safeguard the classified material in (his) possession,” meaning a thumb drive containing Clinton’s emails.

Bradley Moss, a lawyer who handles national security information, comments: “As a general rule, private non-government individuals, even those maintaining a security clearance, are not authorized to privately store classified information. […] I’m not aware of any other private lawyer who has a clearance being allowed to do what is being permitted here.” (McClatchy Newspapers, 7/30/2015) 

The FBI will finally take all the copies of the emails from Kendall on August 6, 2015.

December 31, 2015: The State Department hasn’t asked other departments to help find any missing Clinton emails.

In September 2015, the Defense Department gave the State Department some emails between Clinton and former Army General David Petraeus that Clinton had previously not turned over. However, in the months since, the State Department does not appear to have reached out to other departments to determine if they also have copies of emails Clinton failed to turn over. McClatchy Newspapers questioned over a dozen other departments. All of them either said they hadn’t been contacted by the State Department about this or failed to give an answer.

The State Department has not explained why it has failed to ask for help from other departments. It’s unclear how the Defense Department determined it had the emails between Clinton and Petraeus or why it turned them over. (McClatchy Newspapers, 12/31/2015)

May 18, 2016: Director of National Intelligence James Clapper warns Clinton and Trump their campaign networks are being hacked.

Director of National Intelligence James Clapper (Credit: ABC News)

Director of National Intelligence James Clapper (Credit: ABC News)

Clapper publicly comments, “We’ve already had some indications” of hacking on the computer networks of the two frontrunners in the presidential race. He warns, “We’ll probably have more.” He suggests the hackers could be working for foreign governments.

V. Miller Newton, who advises federal agencies on data security, says foreign spying on campaign sites is inevitable. “These campaigns are not working on encrypted platforms. It’s a matter of when, and how serious of an impact it is going to have on this election.” (The Associated Press, 5/18/2016

It will later emerge that a hacking attack on the DNC [Democratic National Committee] was already discovered, in late April 2016, after staffers noticed unusual activity on the DNC’s computer network. (McClatchy Newspapers, 6/14/2016)

June 6, 2016: The State Department won’t process a FOIA request with important political implications until after the presidential election.

David Sirota (Credit: David Sirota)

David Sirota (Credit: David Sirota)

In July 2015, journalist David Sirota filed a Freedom of Information Act (FOIA) request to obtain all of Clinton’s correspondence regarding the Trans-Pacific Partnership (TPP). In November 2015, the State Department told Sirota that the request would be fulfilled by April 2016. But on this day, the department pushes the deadline back to the end of November 2016—just after the general presidential election in early November.

While Clinton was secretary of state, she praised the TPP on over 45 different occasions and called it the “gold standard” of trade deals. Since then, she says she’s changed her mind and is against it. Sirota wants to know how involved she was in crafting the deal. This could have important political implications because Clinton’s chief primary opponent Bernie Sanders is strongly against the TPP and her likely general election opponent Donald Trump is against it as well. The average FOIA request made of the State Department takes 111 days to process, but based on the latest day, this one will take 489 days.

CNN journalist Jake Tapper comments, “The Department Inspector General [IG] in January noted that the State Department is particularly weak among Obama administration agencies when it comes to fulfilling the obligations of this law, the IG said that responses to these requests are deficient, that there aren’t enough personnel at the State Department to carry out all the requests, and that State Department leaders have not played a meaningful role in making any improvements. At a certain point, one begins to wonder if these weaknesses are deliberate and that these efforts to conceal information do not conceal a certain disdain for the public and your right to know.” (CNN, 6/6/2016)

June 16, 2016: Recent alleged Russian hacking attacks appear to have focused on Clinton and the DNC and not other presidential campaigns.

SecureWorks Logo (Credit: SecureWorks)

SecureWorks Logo (Credit: SecureWorks)

SecureWorks is a cybersecurity company that apparently has been hired to investigate recent leaks targeting US government officials, departments, and related entities. Focusing on the hacking group known as Fancy Bear (or APT 28), they conclude with “moderate confidence that the group is operating from the Russian Federation and is gathering intelligence on behalf of the Russian government.” They also conclude that the group targeted Clinton’s presidential campaign and the DNC [Democratic National Committee].

However, SecureWorks have not observed Fancy Bear “[target] the US Republican party or the other US presidential candidates whose campaigns were active between mid-March and mid-May [2016]: Donald Trump, Bernie Sanders, Ted Cruz, Marco Rubio, and John Kasich.” But they point out the other campaigns could have been targeted by other means not noticed by them. (SecureWorks, 6/16/2016)

June 18, 2016: Guccifer 2.0 publishes more of the DNC’s financial documents.

A sample of the data released by Guccifer 2.0, revealing personal information of DNC donors. (Credit: Guccifer 2.0)

A sample of the data released by Guccifer 2.0, revealing personal information of DNC donors. (Credit: Guccifer 2.0)

Two days after emerging to post some DNC [Democratic National Committee] documents on the Internet, the hacker known by the nickname Guccifer 2.0 publishes some more.

This person comments on their new website, “It appears there are a lot of financial reports, donors lists, and their detailed personal information, including e-mail addresses and private cell phone numbers…I got tons of files and docs.” This person also promises to post more soon.

Business Insider notes: “The Washington Post’s initial report stated that the hacker’s avoidance of donor information indicates that the breach was likely the work of ‘traditional espionage,’ but the new information posted by Guccifer 2.0, if legitimate, seems to discredit that line of thinking.”

The DNC has not confirmed that the documents are genuine, but has not denied it either. It is unknown who Guccifer 2.0 is, but security experts hired by the DNC assert the Russian government is behind the leaks. (Business Insider, 6/18/2016)

June 18, 2016: Trump says Sanders is waiting for the FBI to knock Clinton out of the presidential race.

Republican presidential candidate Donald Trump notes that Bernie Sanders hasn’t quit the Democratic primary race despite Clinton having a majority of the pledged delegates and even more superdelegates. Trump says, “He’s waiting for the FBI to do what everybody thinks they’re going to do. I think he’s saying, ‘Let’s hang in there because it’s ultimately called the FBI convention. […] We’ll see if the right thing happens.’ Everybody knows what the right thing is.”

Sanders hasn’t made any comment that he’s waiting for the FBI’s decision to recommend Clinton’s indictment or not. (CNN, 6/18/2016)