April 10, 2011: An email forwarded to Clinton appears to contain the most recent US military intelligence, which should have been classified.

US Ambassador Christopher Stevens. He dies from smoke asphyxiation on September 11, 2012, due to a terrorist attack on the US Consulate in Benghazi, Libya. (Credit: Reuters)

US Ambassador Christopher Stevens. He dies from smoke asphyxiation on September 11, 2012, due to a terrorist attack on the US Consulate in Benghazi, Libya. (Credit: Reuters)

The email discusses the current security situation in Libya. It says that due to violence in the town of Ajdabiyah, US Special Envoy Christopher Stevens “is considering departure from Benghazi.” It also discusses Stevens’ concerns about departing and it details the “phased checkout” of Stevens’ staff from the area, possibly in a few hours. Additionally, it contains the latest secret intelligence from AFRICOM (US Africa Command, the US military in Africa), detailing nearby troop movements in the Libyan civil war that could threaten Stevens and his staff. Tim Davis, a special assistant to Clinton, writes the email and then sends it to Clinton aide Huma Abedin, who forwards it to Clinton. Davis marks it “SBU,” which means “sensitive but unclassified.” The email will be released to the public in full on May 13, 2015.

However, the State Department’s inspector general will later conclude that the email should not have been made public without redactions. Furthermore, in August 2015, an unnamed government official familiar with the investigation into Clinton’s emails will tell CBS News that at least the part of the email containing current military intelligence should have been marked classified at the time. Additionally, because that information originated from the military, the State Department did not have the right to declassify it at the time it was sent or later. The unnamed official will say that this kind of mistake is not unusual for State Department officials when they discuss information from multiple sources, but the difference is that this email is stored on Clinton’s private server, which can be easily hacked or monitored. (CBS News, 8/19/2015) (US Department of State, 5/13/2015

In 2015, Fox News will claim that the email contained intelligence from the Defense Intelligence Agency (DIA), the National Security Agency (NSA), and the National Geospatial-Intelligence Agency (NGA), which oversees satellite imagery. Furthermore, “all three agencies confirmed to the intelligence community inspector general that the intelligence was classified when it was sent four years ago by Abedin to Clinton’s private account, and remains classified to this day.” (Fox News, 8/26/2015) Even though the email will be made public in full in May 2015, it will be reclassified as “secret” in September 2015. “Secret” is the medium level of classification, below “top secret.” (The New York Times, 9/30/2015)

September 3, 2012: Blumenthal sends an email to Clinton that later will be almost entirely redacted.

Clinton confidant and private citizen Sid Blumenthal emails Clinton another one of his many intelligence updates, despite having no security clearance. This one will later be nearly entirely classified, including the email title. There are only two sentence fragments later made public. One is Blumenthal’s marking: “CONFIDENTIAL.” The other is: “SOURCE: Sources with access to the highest levels of the governments and institutions discussed below. This includes—” Six blank pages of fully redacted text follow. (US Department of State, 1/29/2016) Most of Blumenthal’s emails relate to Libya, and the email is sent just eight days prior to a terrorist attack on the US consulate in Benghazi, Libya.

Early June 2013: State Department officials discover Clinton’s personal email address and then fail in their legal obligation to share her emails with others.

Heather Higginbottom (Credit: public domain)

Heather Higginbottom (Credit: public domain)

State Department staff reviewing material to possibly give to Congressional committees examining the September 2012 Benghazi terrorist attack discover emails sent by former Clinton aide Jake Sullivan to a personal email address belonging to Clinton.

In ensuing weeks, senior department officials discuss if the Federal Records Act (FRA) requires the department to turn over emails from such personal accounts. In fact, the act does require emails to be turned over if they are work-related. However, an internal investigation will later determine that the department does not notify the National Archives and Records Administration (NARA) of a potential loss of records at any point in time. Furthermore, none of Clinton’s emails are given to any Congressional committee in 2013, nor are they provided in response to any Freedom of Information Act (FOIA) requests that year.

According to department official Heather Higginbottom, Secretary of State John Kerry is not a part of these discussions or decisions. (US Department of State, 5/25/2016) 

Around this debate period, on August 7, 2013, department officials find 17 FOIA requests relating to Clinton in their records, with some of them specifically requesting Clinton emails. But none of the requesters are told about any of Clinton’s emails  apparently due to the result of this debate.

Clinton’s personal email address will be rediscovered in May 2014 after a document request from the new House Benghazi Committee.

November 2013 and December 2014: Clinton’s personal lawyer David Kendall and his law partner get security clearances, but they probably aren’t valid for the Clinton emails he possesses.

Katherine Turner (Credit: Williams & Connolly)

Katherine Turner (Credit: Williams & Connolly)

Kendall gets a “Top Secret/Sensitive Compartmented Information” (TS/SCI) security clearance from the Justice Department in November 2013. He and his Williams & Connolly law partner Katherine Turner also get a “top secret” clearance from the State Department in December 2014. This is so Kendall can review information related to the House Benghazi Committee’s on-going investigation.

At some point in late 2014, Kendall, Cheryl Mills (Clinton’s chief of staff), and Heather Samuelson (another lawyer) read and sort through all of Clinton’s over 60,000 emails from Clinton’s time as secretary of state. At least 22 of these will later be determined to have contained “top secret” information. Kendall then keeps a copy of over 30,000 of Clinton’s emails, including the 22 top secret ones, in a safe in the office he shares with Turner.

Only in July 2015 will government security officials give him first one safe and then a second more secure safe to hold the thumb drive containing Clinton’s emails, before Kendall gives up the thumb drive in August 2015.

Senate Judiciary Committee Chuck Grassley (R) will later suggest, “Neither Mr. Kendall nor Ms. Turner have a security clearance at a sufficient level to be a custodian of TS/SCI material. Thus, it appears Secretary Clinton sent TS/SCI material to unauthorized persons.” Politico will later point out, “Clearances, especially Top Secret ones, are normally granted in connection with specific matters and do not entitle recipients to all information classified at that level…” (Politico, 8/25/2015) 

Furthermore, Clinton’s emails are handed over to the State Department on December 5, 2014, making it likely that at least some of the time-consuming reading and sorting of 60,000 emails took place prior to the security clearances that were given in November 2014. (The Washington Post, 3/10/2015) 

John Schindler, a former NSA counterintelligence official, will later comment, “TS/SCI information must always be placed in a Secure Compartmented Information Facility (SCIF), a special, purpose-built room designed to protect against physical and electronic intrusion. A full-blown SCIF surely Kendall did not possess. […] Anything less is a clear violation of Federal law. Hillary has placed herself and her attorney in a precarious position here.” (John Schindler, 8/26/2015)

Additionally, it is unknown if Mills and Samuelson, who read and sorted all of Clinton’s emails with Kendall, had the security clearances to do so.

May 8, 2014: The House Benghazi Committee is formed, in order to investigate the US government’s response to the 2012 terrorist attacks in Benghazi, Libya.

Representative Trey Gowdy (Credit: Crooks and Liars)

Representative Trey Gowdy (Credit: Crooks and Liars)

House Speaker John Boehner (R) formally announces its formation. Representative Trey Gowdy (R) is named the head investigator. (The New York Times, 8/8/2015) The committee is dominated by Republicans and will be frequently accused of having a partisan agenda to criticize Clinton and other Democrats.

Shortly After January 5, 2015: It can be deduced that the 31,830 emails that Clinton chose to delete may actually be deleted around this time.

David Kendall (Credit: The National Law Journal)

David Kendall (Credit: The National Law Journal)

Clinton’s personal lawyer David Kendall later claims that after Clinton turned over the 30,490 emails she deemed work-related, which took place on December 5, 2014, the settings on her private server were changed so that any email not sent within 60 days would be automatically deleted. But some news reports say the setting was for 30 days instead. If this is true, the deletions must take place after January 5, 2015, or February 5, 2015, depending on which setting is actually in place.

On March 4, 2015, the House Benghazi Committee issues a subpoena ordering Clinton to turn over any material related to Libya and/or Benghazi, which followed a more limited request in November 2014.

Trey Gowdy (R), head of the committee, will complain later in March 2015, “Not only was the secretary the sole arbiter of what was a public record, she also summarily decided to delete all emails from her server, ensuring no one could check behind her analysis in the public interest. […] The fact that she apparently deleted some emails after Congress initially requested documents raises serious concerns.”

Clinton’s staff has argued that all the emails relating to Libya and/or Benghazi have been turned over already. (The New York Times, 3/27/2015) (House Benghazi Committee, 3/19/2015) (McClatchy Newspapers, 10/6/2015)

A September 2016 FBI will reveal that the deletion of Clinton’s emails from her private server won’t actually take place until late March 2015. And while the employee is supposed to change the email retention policy so some of her emails will be deleted 60 days later, he actually will delete all of her emails and then use a computer program to wipe them so they won’t be recovered later. Why this happens is still unclear. (Federal Bureau of Investigation, 9/2/2016)

Early May 2015—Early July 2015: Patrick Kennedy and other State Department officials allegedly attempt to change or remove the classification codes of some Clinton emails to make their release less politically damaging for Clinton.

An unnamed State Department official who worked in the Office of Information Programs and Services (IPS) will be interviewed by the FBI on August 17, 2015. She will claim there was a deliberate effort to change some Clinton emails bearing the “B(1)” code, which classifies information due to “national security,” to the “B(5)” code, which classifies information mostly due to “interagency or intra-agency communications.”

This person “believed there was interference with the formal [Freedom of Information Act] FOIA review process. Specifically, [the State Department’s] Near East Affairs Bureau upgraded several of Clinton’s emails to a classified level with a B(1) release exemption. [Redacted] along with [redacted] attorney, Office of Legal Counsel called State’s Near East Affairs Bureau and told them they could use a B(5) exemption on an upgraded email to protect it instead of the B(1) exemption.”

Under Secretary of State Patrick Kennedy (Credit: Brendan Hoffman / Getty Images)

Under Secretary of State Patrick Kennedy (Credit: Brendan Hoffman / Getty Images)

The interviewee reported in early May 2015 that Under Secretary for Management Patrick Kennedy “held a closed-door meeting with [redacted]  and [redacted] [Justice Department’s] Office of Information Programs where Kennedy pointedly asked [redacted] to change the FBI’s classification determination regarding one of Clinton’s emails, which the FBI considered classified. The email was related to FBI counter-terrorism operations.” (Federal Bureau of Investigation, 9/23/2016)

In October 2016, Fox News will report, “This appears to be one of two emails that kick-started the FBI [Clinton email investigation] in the summer of 2015.” (Fox News, 10/6/2016) The email in question was sent on November 18, 2012 by department official Bill Roebuck and forwarded to Clinton by her aide Jake Sullivan. If Kennedy tried to change the classified code on this email he must have failed, because when the email is published on May 22, 2015, it is classified at the “secret” level (the medium level below “top secret”) due to a section using the B(1) code. (US Department of State, 5/22/2015)

However, classification codes may be changed on other emails. On August 26, 2015, Fox News will report that “Kennedy, who was deeply involved in the Benghazi controversy, is running interference on the classified email controversy on Capitol Hill. Two sources confirmed that Kennedy went to Capitol Hill in early July [2015] and argued [the November 18, 2012] email from Clinton aide Jake Sullivan [plus one other email] did not contain classified material. … One participant found it odd Kennedy insisted on having the discussion in a secure facility for classified information, known as a SCIF,” although Kennedy claimed the two emails were unclassified. (Fox News, 8/26/2015)

Then, on September 1, 2015, Fox News will report that “At least four classified Hillary Clinton emails had their markings changed to a category that shields the content from Congress and the public… in what State Department whistleblowers believed to be an effort to hide the true extent of classified information on the former secretary of state’s server. The changes, which came to light after the first tranche of 296 Benghazi emails was released in May [2015], was confirmed by two sources — one congressional, the other intelligence. The four emails originally were marked classified after a review by career officials at the State Department. But after a second review by the department’s legal office, the designation was switched to ‘B5’…”

Kate Duval (Credit: LinkedIn)

Kate Duval (Credit: LinkedIn)

One of the lawyers in the office where the changes are made is Kate Duval, who once worked for Williams & Connolly, the same law firm as Clinton’s personal lawyer David Kendall.  Duval also served as an attorney and advisor in the Obama Administration on oversight issues and high-profile investigations, most recently at the Department of State and, before that, as Counselor to the Commissioner of the Internal Revenue Service. There are internal department complaints that Duval, and a second lawyer also linked to Kendall, “gave at the very least the appearance of a conflict of interest during the email review. A State Department spokesman did not dispute the basic facts of the incident, confirming to Fox News the disagreement over the four classified emails as well as the internal complaints. But the spokesman said the concerns were unfounded.” (Fox News, 9/1/2015)

Kennedy will also be interviewed by the FBI on December 21, 2015. Redactions will make the interview summary difficult to follow, but apparently he will be asked about these accusations. He will say that while the official who accused him “says it like it is” and has “no fear of telling truth to power,” he “categorically rejected” the allegations of classified code tampering. (Federal Bureau of Investigation, 9/23/2016)

May 22, 2015: The first batch of Clinton’s emails from when she was secretary of state are made public by the State Department.

This first batch of only 296 emails all relate to Benghazi, Libya, and the 2012 terrorist attack there. They are released first because they had been requested before the others due to the House Benghazi Committee investigation. The emails reveal a close relationship between Clinton and her confidant Sid Blumenthal in the weeks following the Benghazi terrorist attack. One of the emails has been retroactively classified by the FBI as “secret.” (US Department of State, 5/22/2015) (National Public Radio, 5/22/2015)

June 16, 2015: The House Benghazi Committee deposes Sid Blumenthal behind closed doors.

Sid Blumenthal on his way to testify before the House Benghazi Committee on June 16, 2015. (Credit: Reuters)

Sid Blumenthal on his way to testify before the House Benghazi Committee on June 16, 2015. (Credit: Reuters)

Blumenthal is a Clinton confidant, journalist, and Clinton Foundation employee. He gives the committee nearly 60 emails between him and Clinton about Benghazi and/or Libya that the committee didn’t have before. (CBS News, 6/16/2015) The emails will be publicly released one week later.

However, Committee head Trey Gowdy (R) will reject a request from the Committee’s Democrats and Blumenthal’s attorney to release a transcript of Blumenthal’s nearly nine-hour long testimony. Gowdy will say, “Releasing transcripts can impact the recollections of other witnesses, jeopardize the efficacy of the investigation, alert witnesses to lines of inquiry best not made public, and publicize personal information.” (The Hill, 6/22/2015)

June 25, 2015: The State Department is no longer sure Clinton turned over all her work-related emails.

Three days after the House Benghazi Committee released 60 newly uncovered emails between Clinton and Sid Blumenthal related to Libyan policy given to the committee by Blumenthal, the State Department announces Clinton didn’t provide them with the Blumenthal emails either. Clinton has claimed she gave all her work-related emails to the State Department. However, department officials say they are no longer certain she complied with their order to turn over all work emails.

The department confirms that ten emails and parts of five others from Blumenthal regarding Benghazi could not be located in their records, but that the 45 other, previously unreleased Libya-related Blumenthal emails published by the committee were in their records. When asked about the discrepancy, Clinton campaign spokesperson Nick Merrill seems to dispute it, saying, “She has turned over 55,000 pages of materials to the State Department, including all emails in her possession from Mr. Blumenthal.” (The Associated Press, 6/25/2015)

In August 2015, The New York Times will comment, “The Clinton campaign has not explained the discrepancy.” (The New York Times, 8/8/2015) More of Clinton’s work emails will be discovered later, including some found by the State Department. (The Hill, 3/24/2016)

August 18, 2015: Clinton says her use of a private email server is “nothing to worry about.”

Clinton checking her BlackBerry while on an elevator at the US Capitol, on January 7, 2009. (Credit: Getty Images)

Clinton checking her BlackBerry while on an elevator at the US Capitol, on January 7, 2009. (Credit: Getty Images)

She adds, “This will burn itself out. It’s being turned into a partisan attack connected, unfortunately, with the continuing Republican partisanship over Benghazi, which was a great tragedy and has already been investigated from one side to the other.” (NBC News, 8/19/2015)

September 25, 2015: A more thorough search results in the discovery of more Libya-related Clinton emails.

A stack of printed versions of 795 of Clinton emails, presented to the public by the House Benghazi Committee on October 22, 2015. (Credit: Anadolu Agency / Getty Images)

A stack of printed versions of 795 of Clinton emails, presented to the public by the House Benghazi Committee on October 22, 2015. (Credit: Anadolu Agency / Getty Images)

The State Department says it is sending the House Benghazi Committee 925 more Clinton emails relating to Benghazi and/or Libya that were not previously turned over. The vast majority relate to Libya in general while an unknown but “small number” of them directly relate to Benghazi. Originally, the department only had hard copies of all her emails. But then they were digitized, allowing a second search through them that got more results. (The Daily Beast, 9/25/2015)

October 23, 2015: The House Benghazi Committee is reconsidering how aggressively to pursue Clinton’s email scandal.

Heather Samuelson (Credit: Getty Images)

Heather Samuelson (Credit: Getty Images)

The Republican-dominated committee is supposed to be focused on the US government’s response to the 2012 terrorist attack in Benghazi, Libya, but they are changing their approach because they are being accused on overreach on the only sometimes related email issue in an attempt to politically damage Clinton. For instance, the committee had been planning to interview lawyer Heather Samuelson, who helped sort and delete Clinton’s emails, but now they change their mind.

Politico reports that Clinton’s public testimony before the committee the day before “was widely seen as a success for Clinton, while Republicans failed to strike any decisive blows. Meanwhile, Democrats amped up their claims that the entire investigation was a partisan witch hunt.” (Politico, 10/23/2015)

February 1, 2016: Clinton comments on recent news reports suggesting the FBI’s Clinton investigation is gaining momentum.

She says, “It means the people are selectively leaking and making comments with no basis. We need to let this inquiry run its course, get it resolved.” She adds, “There is nothing new and I think the facts are quite helpful here, it’s a little bit like what the Republicans and others have tried to do with respect to Benghazi.” (Politico, 2/1/2016)

May 16, 2016: Clinton may be forced to testify under oath in a civil lawsuit related to her emails.

Judicial Watch formally asks US District Court Judge Royce Lamberth for permission to depose Clinton as part of a Freedom of Information Act (FOIA) lawsuit.

This is actually one of two similar cases involving Judicial Watch and Clinton. In the other case, handled by federal judge Emmet Sullivan, Judicial Watch has not asked for Clinton’s deposition yet, but they may do so in the future, and they are deposing some of her former aides. In this case, Clinton could be forced to testify under oath about her use of a private email account for government work as well as the State Department’s response to FOIA requests for information related to the 2012 Benghazi terrorist attack. (Politico, 05/16/2016)

August 30, 2016: The State Department says that around 30 Clinton emails discovered by the FBI could relate to Benghazi.

160830AmitMehtapublic

US District Judge Amit Mehta (Credit: public domain)

US District Court Judge Amit Mehta is presiding over a Freedom of Information Act (FOIA) lawsuit initiated by Judicial Watch regarding the public release of information relating to the 2012 terrorist attack in Benghazi, Libya. The FBI recently gave the State Department almost 15,000 previously unknown Clinton emails, so Mehta wants to know if any of them relate to Benghazi.

State Department spokesperson John Kirby says, “Using broad search terms, we have identified approximately 30 documents potentially responsive to a Benghazi-related request. At this time, we have not confirmed that the documents are, in fact, responsive, or whether they are duplicates of materials already provided to the department by former Secretary Clinton in December 2014.” The department says it will need until the end of September 2016 to review the 30 or so emails and redact any classified information in them.

However, Mehta doesn’t understand why it would take the department so long to process so few emails. He orders the department to return in a week to try to justify the processing time.

Starting in mid-2014, Clinton was specifically asked for all her emails related to Benghazi, months before she was asked for all her work-related emails in general. The Benghazi-related emails were the first of her emails to be released, in early 2015.

Jason Miller, senior communications adviser for Republican presidential nominee Donald Trump, says, “Clinton swore before a federal court and told the American people she handed over all of her work-related emails. If Clinton did not consider emails about something as important as Benghazi to be work-related, one has to wonder what is contained in the other emails she attempted to wipe from her server.” (The Hill, 8/30/2016)