2010: Clinton appears in a cybersecurity video for State Department personnel.

It will remain publicly unknown until the video is leaked to Fox News in October 2016.

A photo capture of Clinton as she appears in the 2010 cybersecurity video. (Credit: Fox News)

A photo capture of Clinton as she appears in the 2010 cybersecurity video. (Credit: Fox News)

In the video, Clinton says that employees have a “special duty” to recognize the importance of cybersecurity. “The real key to cybersecurity rests with you. Complying with department computing policies and being alert to potential threats will help protect all of us.”

According to a later account by Fox News, “Clinton goes on in the video to underscore the important work the State Department Bureau of Diplomatic Security and IT department were doing to guard against cyber-attacks. She warns hackers try to ‘exploit’ vulnerabilities and penetrate department systems. She then urges staffers to log onto the internal cybersecurity awareness website or subscribe to their ‘cybersecurity awareness newsletter.’”

Representative Jason Chaffetz (R), chair of the House Oversight and Government Reform Committee, will later find the video ironic, given Clinton’s own security issues with her private email server. He will say, “Hillary Clinton needs only to look into the mirror to find the biggest cybersecurity risk.”

Clinton spokesperson Brian Fallon will say, “This is not new. It has been widely reported that during Clinton’s tenure the State Department issued these kinds of warnings about possible cybersecurity to employees. These warnings were more than appropriate given that it was subsequently confirmed that State’s email was hacked.” (Fox News, 10/22/2016)

April 15, 2015: A computer expert privately advises the Clinton campaign to hire a company to investigate if Clinton’s private server was hacked.

Barbara Simons (Credit: public domain)

Barbara Simons (Credit: public domain)

Barbara Simons, a renowned computer expert, writes Clinton campaign chair John Podesta in an email, “I am following up on our very brief discussion, held as you were leaving the DA meeting, about Hillary Clinton’s emails.  I’ve included a summary of the issues and a precautionary step that I think should be taken.”

Simons attaches a short document to the email, which is entitled, “Hillary Clinton’s emails and what to do about them.” In it, she writes, “I believe that this is a more serious situation than perhaps Secretary Clinton and her aides realize. … There is a very real risk that the system was broken into, possibly by Republican operatives (or China or some other country or organization).  If this has happened and if there is anything that might appear problematic in those emails, whether or not it actually is, the relevant emails might be released to the press shortly before the election.  Even if the system was not broken into, there is the threat that opponents might release forged emails that are difficult to impossible to distinguish from real ones.”

Jeremy Epstein a program manager with I2O, took his official photo on March 8, 2016 at DARPA in Arlington, Va. (Photo By: Sun L. Vega)

Jeremy Epstein (Credit: Sun L. Vega)

As a result, she and a prominent computer security expert Jeremy Epstein suggest that the Clinton campaign hire a cybersecurity company called Mandiant. They are said to be competent and discrete in dealing with major corporate hacks. They will try to determine if Clinton’s private server was hacked. However, Simons notes that “if nothing serious is uncovered by a forensics examination, that does not prove that nothing happened.  Regrettably, the absence of proof of a break-in is not proof of the absence of a break-in.” (WikiLeaks, 10/23/2016)

Whatever reply Podesta gives is unknown. It is also unknown if Mandiant or any other company is ever hired. However, the FBI’s Clinton email investigation final report will make no mention of any evidence of such a forensic examination.

February 2016: The Justice Department declines to give the FBI Clinton Foundation investigation the legal authority for more investigative powers, but the investigation continues anyway.

In the summer of 2015the FBI begins investigating the Clinton Foundation. By early 2016, four FBI field offices (New York, Los Angeles, Washington and Little Rock, Arkansas) have been pursuing information about the foundation.

In February 2016, FBI officials make a presentation to the Justice Department, apparently trying to get more legal authority, such as subpoena power, which can only come from the Justice Department agreeing to empanel a grand jury. The FBI had gained evidence from at least two informants who came up in other investigations and were critical of the foundation. It also may have learned of a suspicious bank transaction by this time.

Assistant Attorney General, Leslie Caldwell (Credit: Jason Doiy)

Assistant Attorney General, Leslie Caldwell (Credit: Jason Doiy)

The meeting is held in Washington, DC, and is attended by FBI officials, prosecutors from the Justice Department’s public integrity section, and Leslie Caldwell, the head of the Justice Department’s criminal division. Robert Capers, the US attorney for the Eastern District of New York, will later play a key role in the conflict between the FBI and Justice Department, but neither he nor prosecutors from his office attend. (The Wall Street Journal, 11/2/2016)

The Wall Street Journal will report on this in October 2016: “By all accounts, the meeting didn’t go well. Some said that is because the FBI didn’t present compelling evidence to justify more aggressive pursuit of the Clinton Foundation, and that the career anti-corruption prosecutors in the room simply believed it wasn’t a very strong case. Others said that from the start, the Justice Department officials were stern, icy, and dismissive of the case. ‘That was one of the weirdest meetings I’ve ever been to,’ one participant told others afterward, according to people familiar with the matter.”

The Journal will add, “Anti-corruption prosecutors at the Justice Department told the FBI at the meeting they wouldn’t authorize more aggressive investigative techniques, such as subpoenas, formal witness interviews, or grand jury activity. But the FBI officials believed they were well within their authority to pursue the leads and methods already under way, these people said.”

As a result, the FBI foundation investigation(s) will continue, but without subpoena power and other common investigative powers. (The Wall Street Journal, 10/30/2016)

Not long after the meeting, the Justice Department will allegedly send a message for all offices to “stand down,” but that won’t stop the investigation either.

March 2, 2015—March 3, 2015: Clinton’s campaign manager privately says “We brought up the existence of [Clinton’s] emails in research this summer but were told that everything was taken care of.”

John Podesta, left, and Robby Mook meet at campaign headquarters in Brooklyn, NY. (Credit: Brooks Kraft / Getty Images)

John Podesta, left, and Robby Mook meet at campaign headquarters in Brooklyn, NY. (Credit: Brooks Kraft / Getty Images)

On March 2, 2015, Clinton campaign chair John Podesta emails Clinton campaign manager Robby Mook, and asks him, “Did you have any idea of the depth of this story?” He is referring to the New York Times front page story from earlier in the day about Clinton exclusively using a private email account while secretary of state.

Mook replies, “Nope. We brought up the existence of emails in research this summer but were told that everything was taken care of.”

The emails will be released by WikiLeaks in October 2016. (WikiLeaks, 10/27/2016)

Mid-July 2016: The FBI reorganizes its Clinton Foundation investigation, despite the involvement of an FBI official with a potential conflict of interest.

On July 5, 2016, FBI Director James Comey announced that he would not recommend indicting anyone targeted in the FBI’s Clinton email investigation. That effectively closed the investigation. The FBI still has an ongoing investigation in the Clinton Foundation, with four FBI field offices taking part.

Andrew McCabe (Credit: public domain)

Andrew McCabe (Credit: public domain)

About one week after Comey’s announcement, the FBI seeks to refocus the Clinton Foundation investigation. Andrew McCabe is the associate deputy FBI director at the time, the number three position in the FBI, but by the end of the month he is promoted to deputy FBI director, the number two position. McCabe decides the FBI’s New York office will take the lead, with assistance from the Little Rock, Arkansas office.

The Washington field office will instead focus on an investigation involving Virginia Governor Terry McAuliffe (D). McAuliffe was a Clinton Foundation board member until he became governor in 2013, and some media reports indicate the investigation concerns a Chinese businessperson who donated millions of dollars to the foundation. McCabe recused himself from the McAuliffe investigation because political organizations linked to McAuliffe donated over $700,000 to the state senate election campaign of McCabe’s wife in 2015. However, McCabe does not recuse himself from the Clinton Foundation investigation.

According to the Journal, “Within the FBI, the decision was viewed with skepticism by some, who felt the probe would be stronger if the foundation and McAuliffe matters were combined. Others, particularly Justice Department anti-corruption prosecutors, felt that both probes were weak, based largely on publicly available information, and had found little that would merit expanded investigative authority.”

The Justice Department previously declined to empanel a grand jury for the foundation investigation, and still doesn’t give it the additional investigative powers that would come with grand jury backing. (The Wall Street Journal, 10/30/2016)

CNN will add that as part of the reorganization, agents in the Los Angeles, Little Rock, and Washington, DC. field offices, are told to turn over their files to the FBI New York office. “Agents were told to continue their work. But the order to the other field offices angered agents there.”

Additionally, during this meeting or in subsequent meetings over the next month, the New York office is told not to take any major steps in the investigation until after the US presidential election on November 8, 2016. CNN will report that “some agents [in New York] chafed at the decision that they had to sit and wait until after the election.” (CNN, 11/2/2016)

August 12, 2016: A Justice Department official allegedly attempts to shut down the FBI’s Clinton Foundation investigation, but it continues.

Since 2015 or earlier, multiple FBI field offices have been involved in an investigation of the Clinton Foundation. However, in February 2016, the FBI appealed to the Justice Department for additional investigative powers, such as having a grand jury empaneled to gain subpoena power, but the department said no. The investigation continued anyway, without the additional powers the department can give.

Andrew McCabe, left, and Attorney General Loretta Lynch, listen during a news conference, Wednesday, July 20, 2016. (Credit: Jacquelyn Martin / The Associated Press)

Andrew McCabe, left, and Loretta Lynch, listen during a news conference, July 20, 2016. (Credit: Jacquelyn Martin / The Associated Press)

In October 2016, the Wall Street Journal will report that on August 12, 2016, an unnamed senior Justice Department official calls Andrew McCabe (who was promoted to deputy FBI director one month earlier) to voice his displeasure at finding that New York FBI agents are still openly pursuing the Clinton Foundation investigation during the election season, with Hillary Clinton being one of the major candidates.

McCabe allegedly replies that FBI agents still have the authority to pursue the issue as long as they don’t use methods requiring Justice Department approvals.

The Journal will report, “The Justice Department official was ‘very pissed off,’ according to one person close to Mr. McCabe, and pressed him to explain why the FBI was still chasing a matter the department considered dormant. Others said the Justice Department was simply trying to make sure FBI agents were following longstanding policy not to make overt investigative moves that could be seen as trying to influence an election. Those rules discourage investigators from making any such moves before a primary or general election, and, at a minimum, checking with anti-corruption prosecutors before doing so.”

McCabe allegedly asks the department official, “Are you telling me that I need to shut down a validly predicated investigation?”

After a pause, the official allegedly replies, “Of course not.”

The Journal will further report, “For Mr. McCabe’s defenders, the exchange showed how he was stuck between an FBI office eager to pour more resources into a case and Justice Department prosecutors who didn’t think much of the case, one person said. Those people said that following the call, Mr. McCabe reiterated past instructions to FBI agents that they were to keep pursuing the work within the authority they had.”

But according to “others further down the FBI chain of command,” FBI agents “were given a much starker instruction on the case: ‘Stand down.’ When agents questioned why they weren’t allowed to take more aggressive steps, they said they were told the order had come from the deputy director—Mr. McCabe. Others familiar with the matter deny Mr. McCabe or any other senior FBI official gave such a stand-down instruction.”

According to the Journal, some agents within the FBI believe that McCabe and other FBI leaders weren’t defending the investigation strongly enough, while others believe that McCabe’s behavior was correct. Either way, the investigation continues, but still without that subpoena power that can only come from Justice Department support. (The Wall Street Journal, 10/30/2016)

McCabe has a conflict of interest with Virginia Governor Terry McAuliffe, who in turn is being investigated by the FBI for activities that could involve the Clinton Foundation.

September 2016: The FBI’s Clinton Foundation investigation tries but fails to get access to possibly relevant emails found in the Clinton email investigation.

Although the FBI’s Clinton email investigation was closed in July 2016, the FBI’s Clinton Foundation investigation continues, though it never has had grand jury backing and thus no subpoena power.

 Clinton closes the 10th Clinton Global Initiative (CGI) Annual Meeting in September, 2014. (Credit: Mark Lennihan / The Associated Press)

Clinton speaks at the 10th Clinton Global Initiative (CGI) annual meeting in September, 2014. (Credit: Mark Lennihan / The Associated Press)

The email investigation uncovered many thousands of emails on non-government computers belonging to Clinton and some of her aides, and many of these same people had obvious roles with the Clinton Foundation. As a result, sometime in September 2016, Clinton Foundation investigators ask to have access to the emails found in the Clinton email investigation.

But that request is rejected by prosecutors at the Eastern District of New York. According to the Wall Street Journal, “Those emails were given to the FBI based on grants of partial immunity and limited-use agreements, meaning agents could only use them for the purpose of investigating possible mishandling of classified information. Some FBI agents were dissatisfied with that answer, and asked for permission to make a similar request to federal prosecutors in Manhattan, according to people familiar with the matter.”

However, Deputy FBI Director Andrew McCabe allegedly tells them no and says they can’t “go prosecutor shopping.”

In early October 2016, a different FBI investigation will find emails belonging to Clinton aide Huma Abedin on a previously unknown computer, leading to a different legal issue about sharing information between various FBI investigations.

It appears the FBI’s Clinton Foundation investigation still has not been given access to the possibly relevant emails found by the Clinton email investigation. (The Wall Street Journal, 10/30/2016)

October 27, 2016: Comey is briefed and decides to announce the reopening of the FBI’s Clinton email investigation, but Justice Department officials are strongly opposed.

Abedin and Weiner leave their home separately, the day before the sexting scandal broke in September, 2016. (Credit: The Daily Mail)

Abedin and Weiner leave their home separately, the day before the sexting scandal broke in September, 2016. (Credit: The Daily Mail)

In early October 2016, FBI agents discovered 650,000 emails on a computer owned by Anthony Weiner, the husband of top Clinton aide Huma Abedin. Though the agents were investigating Weiner for something unrelated, they eventually brief FBI agents who had worked on the recently closed FBI Clinton email investigation, and those agents say they would like to have the legal permission to look at the emails themselves.

Apparently, FBI Director James Comey first learns about the emails in mid-October 2016. Then he is given an updated briefing about it on this day. He decides he should immediately inform Congress about the development, even though the 2016 US presidential election is less than two weeks away. He does so in a letter sent one day later, which immediately becomes public.

However, Justice Department officials are opposed. According to the New York Times, “Senior Justice Department officials did not move to stop him from sending the letter, officials said, but they did everything short of it, pointing to policies against talking about current criminal investigations or being seen as meddling in elections.”

James Comey (Credit: Getty Images)

James Comey (Credit: Getty Images)

According to the Times, Comey decides to write his letter “before agents even began reading the newly discovered emails to determine whether they contained classified information or added new facts to the case.” This puzzles Justice Department officials. Apparently, some agents were only able to analyze the metadata.

It has long been Justice Department and FBI policy that politics should play no role in any investigative decisions. This is particularly emphasized for any actions taken within 60 days prior to an election. (The New York Times, 10/29/2016)

One unnamed “US official familiar with the matter” tells Yahoo News that senior officials “strongly discouraged” Comey from sending the letter, due to that department policy, adding, “He was acting independently of the guidance given to him.” One government source says that high-ranking Justice Department officials are “apoplectic” about the letter.

However, after listening to the Justice Department’s concerns, Comey concludes that the ramifications of not telling Congress promptly about the new emails far outweigh concerns about the department guidelines. He fears if he doesn’t immediately alert Congress, the FBI’s work will leak to the media and he will be accused of concealing information. If the news comes out before the election, he will be accused of trying to influence the election one way, but if it comes out after the election, he will be accused of trying to influence it the other way. One unnamed senior official says, “This was the least bad choice.”

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George J. Terwilliger III (Credit: McGuire Woods)

Many will criticize Comey for the letter, including some Republicans. For instance, George J. Terwilliger III, a deputy attorney general under President George Bush (R), says, “There’s a longstanding policy of not doing anything that could influence an election. Those guidelines exist for a reason. Sometimes, that makes for hard decisions. But bypassing them has consequences. There’s a difference between being independent and flying solo.” (The New York Times, 10/29/2016) (Yahoo News, 10/29/2016)

Politico reports that according to an unnamed “official familiar with the discussions,” Attorney General Loretta Lynch does not speak directly with Comey about the issue. However, her concerns are conveyed to him before he sends the letter. In late June 2016, Lynch pledged to recuse herself from the email investigation after she was seen having a private discussion with Bill Clinton. (Politico, 10/31/2016)

October 30, 2016: The FBI’s Miami field office is said to be involved in the FBI’s Clinton Foundation investigation, possibly targeting activities in Latin America.

On this day, the Wall Street Journal reports that FBI field offices in New York, Los Angeles, Washington, DC. and Little Rock, Arkansas, have been investigating the Clinton Foundation for possible financial and political corruption. All the offices have been involved since at least February 2016, though there was a reorganization in mid-July 2016, with the New York office taking the lead.

Richard Pollock (Credit: The Daily Caller)

Richard Pollock (Credit: The Daily Caller)

Later on the same day, the Daily Caller reports that at some point the FBI field office in Miami, Florida, has also joined the investigation. Further details are not given except that “The Clinton Foundation has numerous programs operating in Haiti, the Caribbean, Latin America, and South America.” The Miami office would be the closest to all those locations. (The Daily Caller, 10/30/2016)

The Daily Caller’s claim is given additional credence because the author of the article, Richard Pollock, also wrote an article in August 2016 claiming the FBI’s Clinton Foundation investigation was in existence at a time when nearly all other media outlets failed to report that. That article mentioned details, such as the investigation was being led by the FBI’s New York field office in conjunction with Preet Bharara, the US attorney for the Southern District of New York, that have since been reported elsewhere.  (The Daily Caller, 8/11/2016)