Around Mid-2010 and After: After contacting a Secret Service agent about frequent hacking attacks on Clinton’s server, the managers of the server apparently never contact anyone else from other government departments for help.

Justin Cooper (Credit: Alex Wong / Getty Images)

Justin Cooper (Credit: Alex Wong / Getty Images)

According to a September 2016 FBI report, Justin Cooper, a Bill Clinton aide who is helping to manage Clinton’s private server, contacts a Secret Service agent at some point during Clinton’s tenure as secretary of state. It is not clear when this happens, but apparently it is not long after the server begins to be frequently targeted by brute force hacking attacks around the middle of 2010.

Cooper will be asked about this in a September 2016 Congressional hearing shortly after the FBI report is published. He will say, “when we first experienced some of the repeated failed login attempts, I reported them to the Secret Service. … There was an instance where we shared some logs with [them]. … The Secret Service looked at logs from the server and made some recommendations to [server manager Bryan] Pagliano about the possible origins of those failed logins and some techniques he might use to mitigate that problem.” (The Secret Service agent will give advice on improving the server’s security that will not be followed.)

However, when Cooper is asked by Representative Blake Farenthold (R), “Did you turn over the logs and notifications that you received to the FBI, the emails of brute force attacks?” Cooper will say the FBI was not contacted.

Representative Jody Hice (Credit: Twitter)

Representative Jody Hice (Credit: Twitter)

Additionally, when Representative Jody Hice (R) will ask if Cooper consulted with any other “department or agency in the government,” Cooper will say, “No. No consultations of that type.” He will also specifically mention the State Department wasn’t consulted. (US Congress, 9/13/2016)

It’s possible that Pagliano contacted others, but the FBI will interview both Cooper and Pagliano in its investigation and then will mention only the contact with the Secret Service in its final report.

The number of hacking attacks steadily grows through the rest of Clinton’s time in office. (Federal Bureau of Investigation, 9/2/2016)

Around Mid-2010 to January 2013: “Brute force” hacking attempts on Clinton’s private server begin and steadily increase, but it is unknown if any are successful.

Blake Farenthold (Credit: Bill Clark / Congressional Quarterly Roll Call)

Blake Farenthold (Credit: Bill Clark / Congressional Quarterly)

Bryan Pagliano, the manager of Clinton’s private server while she is secretary of state, will be interviewed by the FBI in December 2015. According to an FBI report, he will claim that the server suffered no known security breaches. However, “he was aware there were many failed login attempts, which he referred to as brute force attacks. He added that the failed attempts increased over the life of the [server], and he set up the server’s logs to alert [Justin] Cooper when they occurred. Pagliano knew the attempts were potential attackers because the credentials attempting to log in did not match legitimate users on the system. Pagliano could not recall if a high volume of failed login attempts emanated from any specific country.”

The FBI report will explain, “A brute force attack is a trial-and-error method used to obtain information, such as a password… In a brute force attack, passwords may be attempted manually or automated software can be used to generate a large number of consecutive guesses as to the targeted information.” (Federal Bureau of Investigation, 9/2/2016)

Cooper, a Bill Clinton aide who helped Pagliano manage the server, will be asked about brute force attacks in a September 2016 Congressional hearing. He will respond, “I can’t say with any specificity how many had happened. They happened with some limited frequency over the period of, I’d say the last two and a half years, while she was in office. But we had developed systems to tamper these down.”

Representative Blake Farenthold (R) will ask Cooper that if the brute force attacker managed to enter the correct user name and password, “you wouldn’t have been notified, would you? You would have thought it was Mrs. Clinton or some legitimate user actually getting in?”

After further questioning, Cooper will admit that he only looked at failed attempts and didn’t check for related successful log-ins. (US Congress, 9/13/2016)

July 7, 2016: Comey says he didn’t recommend Clinton be charged because he couldn’t prove intent, despite the gross negligence law.

In Congressional testimony, FBI Director James Comey essentially argues that Clinton was guilty of gross negligence, which doesn’t require proof of intent, but he was only willing to indict her on intent-related charges, and there wasn’t enough evidence for that. He says: “Certainly, she should have known not to send classified information. As I said, that’s the definition of negligent. I think she was extremely careless. I think she was negligent. That, I could establish. What we can’t establish is that she acted with the necessary criminal intent.” (CNN, 7/7/2016)

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Representative William Hurd (Credit: Alchetron)

Representative William Hurd (R) asks, “What does it take for someone to misuse classified information and get in trouble for it?”

Comey answers, “It takes mishandling it and criminal intent.” He admits that Clinton mishandled the information by having it on a private server, but he doesn’t see evidence of criminal intent. (CNN, 7/7/2016)

He further comments, “There’s not evidence beyond a reasonable doubt that she knew she was receiving classified information or that she intended to retain it on her server. There’s evidence of that, but when I said there’s not clear evidence of intent, that’s what I meant. I could not, even if the Department of Justice would bring that case, I could not prove beyond a reasonable doubt those two elements.” (CNN, 7/7/2016)

At another point in the hearing, he argues, “The question of whether [what she did] amounts to gross negligence frankly is really not at the center of this because when I look at the history of the prosecutions and see, it’s been one case brought on a gross negligence theory.” (CNN, 7/7/2016)

The law criminalizing gross negligence in national security lapses was enacted in 1917. Comey says, “I know from 30 years there’s no way anybody at the Department of Justice is bringing a case against John Doe or Hillary Clinton for the second time in 100 years based on those facts.”

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James Smith (Credit: CNN)

The FBI later confirms to Politico that James Smith is the one case Comey is referring to. Smith, a longtime FBI agent, was arrested in 2003 and charged with gross negligence. However, he later pleaded guilty in return for having the charges reduced to one count of making false statements. (Politico, 7/7/2016)

But Comey’s claim that gross negligence has only been used once in recent decades is true only if one looks at cases brought by the Justice Department. Cases have also been brought in the military justice system.

Additionally, Politico points out, “Comey’s universe was also limited to cases actually brought, as opposed to threatened. The gross negligence charge is often on the table when prosecutors persuade defendants to plead guilty to the lesser misdemeanor offense of mishandling classified information.” (Politico, 7/7/2016)

Later in the hearing, Representative Blake Farenthold (R) says, “So Congress when they enacted that statute said ‘gross negligence.’ That doesn’t say ‘intent.’ So what are we going to have to enact to get you guys to prosecute something based on negligence or gross negligence? Are we going to have to add, ‘and oh by the way, we don’t mean — we really do mean you don’t have to have intent there?'”

Comey replies, “That’s a conversation for you all to have with the Department of Justice. But it would have to be something more than the statute enacted in 1917. Because for 99 years, they’ve been very worried about its constitutionality.” (CNN, 7/7/2016)

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Representative Tim Walberg (Credit: Twitter)

Representative Tim Walberg (R) asks him, “Do you believe that the — that since the Department of Justice hasn’t used the statute Congress passed, it’s invalid?”

Comey responds, “No. I think they are worried that it is invalid, that it will be challenged on Constitutional grounds, which is why they’ve used it extraordinarily sparingly in the decades.” (CNN, 7/7/2016)

During the hearing, it is pointed out several times that felony crime based on negligence and not intent are common at both the state and federal level, for intance manslaughter instead of murder, and their consitutionality has never been successfully challenged. At one point, Comey admits other negligence cases have been sustained in the federal system: “They’re mostly, as you talked about earlier, in the environmental and Food and Drug Administration [FDA] area.” (CNN, 7/7/2016)

But he is adamant about not indicting any cases without being able to prove intent. At one point, he even suggests he is philosophically opposed to any laws based on negligence when he mentions, “When I was in the private sector, I did a lot of work with the Chamber of Commerce to stop the criminalization of negligence in the United States.” (CNN, 7/7/2016)

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.