Around Mid-2010: A Secret Service agent advises Pagliano to take a step to improve the security of Clinton’s private server, but the step is not taken.

After Bryan Pagliano sets up Clinton’s new private server in January 2009, he sets up Internet Protocol (IP) filtering on the firewall, once a firewall is established in late March 2009. Pagliano will later tell the FBI that he tried to review the firewall log files once a month.

The US Secret Service Badge (Credit: public domain)

The US Secret Service Badge (Credit: public domain)

At some point, Justin Cooper, a Bill Clinton aide who is helping Pagliano manage the server, puts Pagliano in contact with a US Secret Service agent. The timing of this is not clear. However, in a September 2016 Congresssional hearing, Cooper will say it happened after Clinton’s server started to get frequent “brute force” hacking attacks, and that begins around the middle of 2010.

This agent recommends that Pagliano should also perform outbound filtering of email traffic. According to a September 2016 FBI report, “Pagliano further considered, but ultimately did not implement, a Virtual Private Network (VPN) or two-factor authentication to better secure administrative access to the server system by him and Cooper.”

The FBI report will explain: “‘VPN’ is a private network that runs on top of a larger network to provide access to shared network resources, which may or may not include the physical hard drives of individual computers… VPN offers an additional layer of security by encrypting the data traveling to the private network before sending it over the Internet. Data is then decrypted when it reaches the private network. … ‘Two-factor authentication’ is a method of confirming a user’s claimed identity by utilizing a combination of two different components…” (Federal Bureau of Investigation, 9/2/2016) (US Congress, 9/13/2016)

September 8, 2016: The Washington Post editorial board writes an editorial with the title: “The Hillary Clinton email story is out of control.”

The editorial states: “Ms. Clinton’s emails have endured much more scrutiny than an ordinary person’s would have, and the criminal case against her was so thin that charging her would have been to treat her very differently. … Anyone who claims that Ms. Clinton should be in prison accuses, without evidence, the FBI of corruption or flagrant incompetence.”

The editorial concludes: “Ms. Clinton is hardly blameless. She treated the public’s interest in sound record-keeping cavalierly. A small amount of classified material also moved across her private server. But it was not obviously marked as such, and there is still no evidence that national security was harmed. … There is no equivalence between Ms. Clinton’s wrongs and Mr. Trump’s manifest unfitness for office.” (The Washington Post, 9/8/2016)

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.