June 8, 2016: Clinton doesn’t remember signing an agreement that classified markings don’t matter.

Clinton interviewed by Brett Baier on June 8, 2016. (Credit: Fox News)

Clinton interviewed by Brett Baier on June 8, 2016. (Credit: Fox News)

Clinton is asked by Fox News host Bret Baier, “You said you sent or received nothing that was marked classified. But you did sign a nondisclosure agreement, an NDA, in 2009 that said markings don’t matter whether it’s marked or unmarked. Do you remember signing that?”

Clinton replies, “No, I do not. But the fact is, nothing that I sent or received was marked classified and nothing has been demonstrated to contradict that.” (Fox News, 6/8/2016) 

In fact, on January 22, 2009 and under penalty of perjury, Clinton did sign an NDA that stated, “classified Information is marked or unmarked classified Information.” (The Washington Post, 2/4/2016(US Department of State, 11/5/2015)

November 2, 2016: Fox News claims the FBI’s Clinton Foundation investigation is “a very high priority,” and it is “likely” it could eventually lead to an indictment.

Bret Baier appears on Brit Hume's show to clarify his statement about a possible Clinton indictment. (Credit: Fox News)

Bret Baier appears on Brit Hume’s show to clarify his statement about a possible Clinton indictment. (Credit: Fox News)

Fox News reports that the FBI’s Clinton Foundation has now taken a “very high priority.” This is according to unnamed “separate sources with intimate knowledge of the probe.”

The FBI had already collected a great deal of evidence and interviewed and re-interviewed multiple people. But in recent weeks, emails released on a daily basis by WikiLeaks, plus occasional Freedom of Information Act (FOIA) email releases, have provided many more leads. One source says, “There is an avalanche of new information coming in every day.”

FBI agents are “actively and aggressively pursuing this case.” Due to all the new information, agents will be re-interviewing many people again, some for the third time. Agents are also double checking the FBI interview summaries (known as “302’s”) of Clinton and her top aides, to make sure their answers jibe with all the new information.

The FBI’s White Collar Crime Division is handling the investigation. (Fox News, 11/2/2016)

Fox News journalist Bret Baier claims that he spoke to the sources, and they told him that it is “likely” the investigation will eventually result in an indictment or indictments, “barring some obstruction in some way” from the Justice Department. (Real Clear Politics, 11/2/2016)

The next day, Baier modifies his claim about an indictment being likely. “I want to be clear about this, and this came from a Q and A that I did with Brit Hume after my show and after we went through everything. He asked me if, after the election, if Hillary Clinton wins, will this investigation continue, and I said, ‘yes absolutely.’ I pressed the sources again and again what would happen. I got to the end of that and said, ‘they have a lot of evidence that would, likely lead to an indictment.’ But that’s not, that’s inartfully answered. That’s not the process. That’s not how you do it. You have to have a prosecutor. If they don’t move forward with a prosecutor with the [Justice Department], there would be, I’m told, a very public call for an independent prosecutor to move forward. There is confidence in the evidence, but for me to phrase it like I did, of course that got picked up everywhere, but the process is different than that.” (Fox News, 11/3/2016)

November 2, 2016: The FBI allegedly has not destroyed the laptops of two Clinton aides, and their immunity deals may have been voided.

In October 2016, it was reported that Clinton’s aides Cheryl Mills and Heather Samuelson got immunity deals in return for their cooperation in the FBI’s Clinton email investigation, and in return for turning over their computer laptops, the FBI promised to destroy those laptops after analyzing the data on them.

However, on this day, Fox News reporter Bret Baier claims, “As a result of the limited immunity deals to top aides, including Cheryl Mills and Heather Samuelson, the Justice Department had tentatively agreed that the FBI would destroy those laptops after a narrow review. We are told definitively that has not happened. Those devices are currently in the FBI field office here in Washington, DC, and are being exploited. The source points out that any immunity deal is null and void if any subject lied at any point in the investigation.” (Real Clear Politics, 11/2/2016)

November 2, 2016: It is alleged there is 99% certainty that Clinton’s private server was hacked by at least five foreign intelligence agencies.

Bret Baier (Credit: public domain)

Bret Baier (Credit: public domain)

During a story about new developments in the FBI’s Clinton Foundation investigation, Fox News journalist Bret Baier claims that his sources also say the FBI has a greater than 99 percent confidence that Clinton’s private email server was hacked by at least five foreign intelligence agencies. Also, information had been successfully taken from the server.

However, further details, such as which five countries these are, what information was taken, or how the FBI has learned this, are not mentioned. (Real Clear Politics, 11/2/2016)

On July 5, 2016, FBI Director James Comey said there was no “direct evidence” Clinton’s email account had been successfully hacked. But the next day, the New York Times reported that “both private experts and federal investigators immediately understood his meaning: It very likely had been breached, but the intruders were far too skilled to leave evidence of their work.”