July 7, 2016: FBI Director Comey says Clinton’s lawyers didn’t read every email before deleting some of them.

At a Congressional hearing, FBI Director James Comey is asked by Representative Trey Gowdy (R), “Secretary Clinton said her lawyers read every one of the emails and were overly inclusive. Did her lawyers read the email content individually?”

Comey simply replies, “No.”

(Clinton’s lawyers involved in sorting her emails are David Kendall, Cheryl Mills, and Heather Samuelson.) In Congressional testimony under oath in October 2015, Clinton claimed that her lawyers did read every email.

Comey also says he doesn’t believe Clinton knew her legal team deleted thousands of work-related emails. And he says, “I don’t think there was any specific instruction or conversation between the secretary and her lawyers” in which Clinton approved that some work-related emails be deleted. He also believes that Clinton didn’t “know that her lawyers cleaned devices in such a way to preclude forensic recovery,” a matter about which the FBI asked Clinton  in her FBI interview. (Politico, 7/7/2016) (CNN, 7/7/2016)

July 7, 2016: FBI Director Comey suggests Clinton would be punished if she still were a government official.

Comey testifies before the House Oversight and Government Reform Committee. (Credit: Yuri Gripas / Agence France Presse/ Getty Images)

Comey motions while testifying before the House Oversight and Government Reform Committee on July 7, 2016. (Credit: Yuri Gripas / Agence France Presse/ Getty Images)

At a Congressional hearing, FBI Director James Comey is questioned by Representative Jason Chaffetz (R) about whether Clinton would be able to get a security clearance if she applied for a job at the FBI.

Comey replies, “I didn’t say there’s no consequence for someone who violates the rules regarding the handling of classified information. There are often very severe consequences in the FBI involving their employment, involving their pay, involving their clearances. … I hope folks walk away understanding that just because someone’s not prosecuted for mishandling classified information, that doesn’t mean, if you work in the FBI, there aren’t consequences for it.”

Chaffetz asks, “So if Hillary Clinton or if anybody had worked at the FBI under this fact pattern, what would you do to that person?”

Comey replies, “There would be a security review and an adjudication of their suitability and a range of discipline could be imposed from termination to reprimand and in between, suspensions, loss of clearance. So you could be walked out or you could — depending upon the nature of the facts — you could be reprimanded. But there is a robust process to handle that.” (Politico, 7/7/2016) (CNN, 7/7/2016) (CNN, 7/7/2016)

July 7, 2016: FBI Director Comey says three of Clinton’s emails were clearly marked as classified when they were sent.

At a Congressional hearing, FBI Director James Comey is asked by Representative Trey Gowdy (R), “Secretary Clinton said there was nothing marked classified on her emails, either sent or received. Was that true?”

Comey replies, “That’s not true. There were a small number of portion markings on, I think, three of the documents.” Later in the day, the State Department says that two of those emails were incorrectly marked as classified when they were sent. Both of those emails, sent on April 8, 2012 and August 2, 2012, were released as part of the over 30,000 emails Clinton made public. It is unknown which email Comey is referring to in the third instance. It could be the part marked classified is redacted, or perhaps the email has not yet been released. (Politico, 7/7/2016) (CNN, 7/7/2016)

A September 2016 FBI report will give more information on these emails, including mentioning that the third email is still classified at the “confidential” level.

July 7, 2016: FBI Director Comey confirms that Clinton’s server was in an “unauthorized location” for handling classified material.

At a Congressional hearing, FBI Director James Comey is asked by Representative Jason Chaffetz (R) where Clinton’s servers were physically located.

Comey replies, “The operational server was in the basement of her home in New York. The reason I’m answering it that way is that sometimes after they were decommissioned they were moved to other facilities — storage facilities, but the live device was always in the basement. … It was an unauthorized location for the transmitting of classified information.”

Chaffetz asks, “Is it reasonable or unreasonable to expect Hillary Clinton would receive and send classified information?”

Comey answers, “As secretary of state, [it is] reasonable that the secretary of state would encounter classified information in the course of the secretary’s work.” (CNN, 7/7/2016)

July 7, 2016: FBI Director Comey says it is unclear if any of Clinton’s emails were deleted by Clinton or anyone else.

At a Congressional hearing, FBI Director James Comey is asked by Representative Trey Gowdy (R), “Secretary Clinton said neither she nor anyone else deleted work-related emails from her personal account. Was that true?”

Comey answers, “That’s a harder one to answer. We found traces of work-related emails in — on devices or in slack space. Whether they were deleted or whether when the server was changed out, something happened to them. There’s no doubt that the work-related emails were removed electronically from the email system.” (Politico, 7/7/2016) (CNN, 7/7/2016)

However, in September 2016, the FBI Clinton investigation’s final report will be released, based entirely on information learned by the FBI prior to Comey’s testimony. That makes clear that in late March 2015, someone used a computer program called BleachBit to delete all of Clinton’s emails off her server and then wipe them to prevent their later recovery. It is unknown why Comey fails to mention this.

July 7, 2016: FBI Director Comey claims Guccifer admitted he lied about gaining access to Clinton’s private server.

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Representative Blake Farenthold (Credit: public domain)

In a Congressional hearing, Representative Blake Farenthold (R) brings up the case of the hacker known as Guccifer, and Guccifer’s claim that he looked into Clinton’s private server. After confirming that the FBI interviewed Guccifer, Farenthold asks FBI Director James Comey, “Can you confirm that Guccifer never gained access to her server?”

Comey replies, “Yeah he did not. He admitted that was a lie.” (CNN, 7/7/2016)

An FBI report published in September 2016 will also assert that Guccifer admitted he lied.

 

July 7, 2016: FBI Director Comey says people other than Blumenthal who regularly communicated with Clinton were successfully hacked.

In a Congressional hearing, Representative Blake Farenthold (R) points out that it has long been known that the hacker nicknamed Guccifer broke into the email account of Clinton confidant Sid Blumenthal and gained access to hundreds of her emails. Then he asks FBI Director James Comey, “During your investigation, were there other people in the State Department or that regularly communicated with Secretary Clinton that you can confirm were successfully hacked?”

Comey replies, “Yes.”

Farenthold confirms, “And were these folks that regularly communicated with the secretary?”

Comey again replies, “Yes.” However he doesn’t give any more details, such as how many such cases there were, or who they were. (Note that this is the only time Blumenthal is mentioned in Comey’s hearing.) (CNN, 7/7/2016)

A September 2016 FBI report will mention an incident in early January 2013, when an unnamed member of Bill Clinton’s staff has her email account on Clinton’s private server broken into by a hacker.

July 7, 2016: FBI Director Comey reveals that between 15 and 20 FBI agents were the core of the Clinton investigation, with many others lending help.

There has been a dispute over how many FBI agents were involved in the FBI’s Clinton investigation, with numbers ranging from a dozen to almot 150. It turns out different answers may be correct, depending on how one defines being involved. In a Congressional hearing, when FBI Director James Comey is asked how many FBI agents took part, he replies, “It changed at various times, but somewhere between 15 and 20. Then we used a lot of other FBI folks to help from time to time.” He also says they put three years of work into a single year. (CNN, 7/7/2016)

July 7, 2016: FBI Director Comey claims that all the FBI agents involved in the FBI’s Clinton investigation agreed with him that Clinton should not be indicted.

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Representative William Hurd (Credit: public domain)

In a Congressional hearing, Representative William Hurd (R) asks, “Was this unanimous opinion within the FBI on your decision [not to recommend Clinton’s indictment]?”

Comey answers, “The whole FBI wasn’t involved, but the team of agents, investigators, analysts, technologists, yes.” Elsewhere in the hearing, he mentioned there were between 15 and 20 FBI agents working on the case at any given time, plus many more lending assistance.  (CNN, 7/7/2016)

On July 12, 2016, it will be reported that some within the FBI are “furious” about Comey’s decision.

July 12, 2016: Attorney General Loretta Lynch refuses to answer questions about the FBI’s Clinton investigation in a Congressional hearing.

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Attorney General Loretta Lynch testifies before the House Judiciary Committee on July 12, 2016. (Credit: Manuel Balce Ceneta / the Associated Press)

Lynch speaks before the House Judiciary Committee several days after the Justice Department ended the FBI’s investigation into Clinton’s email usage as secretary of state. FBI Director James Comey answered questions about the investigation before a Congressional committee on July 7, 2016, but Lynch doesn’t follow suit. She says, “While I understand that this investigation has generated significant public interest, as attorney general, it would be inappropriate for me to comment further on the underlying facts of the investigation or the legal basis for the team’s recommendation.”

At one point, she says she can’t reveal details because she’s not familiar with them. “The director and I had very different roles in this investigation and, therefore, very different amounts of information about this investigation.” But at other times, she indicates she wouldn’t comment anyway. “It would not be appropriate in my role to discuss the specific facts and the law.”

After a meeting with Hillary Clinton’s husband Bill Clinton that many said was inappropriate, on July 1, 2016, Lynch distanced herself from the investigation but didn’t totally recuse herself from it.  (Politico, 7/12/2016)