September 2, 2016: The FBI’s Clinton email investigation final report and its summary of her FBI interview are released.

The FBI’s 47-page final report on its Clinton email investigation and the FBI’s 11-page summary of its July 2016 interview with Clinton are publicly released. However, both are heavily redacted. The last third of the final report is entirely redacted.

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A Secret Service agent stands guard while two other agents close a gate after a Secret Service vehicle arrived at the home of Clinton in Washington, DC, July 2, 2016. (Credit: Cliff Owen / The Associated Press)

The Washington Post notes, “Ordinarily internal documents from FBI investigations are not made public. However, [FBI Director James] Comey has said the unusually high profile case warranted more robust public disclosures than is standard.”

It is believed both reports were finished just prior to when Comey gave a public speech on July 5, 2016, stating that he wouldn’t recommend any indictments in this case. Clinton’s interview occurred only three days prior to this.

The New York Times, the Washington Post, and many other newspapers make the release of the two documents the main headline.

The Post comments, “Secretary of State Hillary Clinton and her staffers employed an informal and sometimes haphazard system for exchanging and storing sensitive information and were at times either unaware or unconcerned with State Department policy…” (The Washington Post, 9/2/2016)

The Times comments: “The documents provided a number of new details about Mrs. Clinton’s private server, including what appeared to be a frantic effort by a computer specialist to delete an archive of her emails even after a congressional committee had requested that they be preserved.”

This is a reference to the revelation that Platte River Networks (PRN) employee Paul Combetta confessed to deleting and then wiping all of Clinton’s emails off her server in late March 2015, despite him being aware of a Congressional order to preserve them. This had been entirely unknown prior to the publication of the report. (The New York Times, 9/2/2016)

The following are other key findings in the FBI documents, as pointed out by the Times or the Post:

A snippet from the FBI report released on September 2, 2016. (Credit: public domain)

A snippet from the FBI report released on September 2, 2016. (Credit: public domain) The opening paragraph of the FBI’s summary on Clinton’s interview, released on September 2, 2016. (Credit: public domain)

  • Clinton defended her handling of the private server by repeatedly saying that she deferred to the judgment of her aides.
  • She regarded emails containing classified discussions about planned drone strikes as “routine.” (In fact, such discussions make up most of her “top secret” emails.)
  • She said she did not recall receiving any emails “she thought should not be on an unclassified system.” Furthermore, she “could not recall anyone raising concerns with her regarding the sensitivity of the information she received at her email address.” (In fact, she sent or received over 2,000 emails later deemed classified, including at least 22 at the “top secret” level.)
  • She emailed Colin Powell a day after she was sworn into office to ask him about his use of a personal email account when he was secretary of state. Powell warned her to “be very careful” because if she used her BlackBerry for official business, those emails could become “official record[s] and subject to the law.”
  • Some of her closest aides were aware she used a private email address but didn’t know she had set up a private server. (However, this is actually contradicted by other evidence.)

The front page of the FBI’s final report, released on July 2, 2016. (Credit: public domain)

  • She regularly brought her BlackBerry into a secure area near her office where it was prohibited, according to three of her aides. However, one aide said it was only stored there, not used.
  • She used 13 BlackBerrys to send emails. The FBI was unable to recover any of them. Two aides said “the whereabouts of Clinton’s devices would frequently become unknown once she transitioned to a new device.”
  • One aide recalled two occasions “where he destroyed Clinton’s old mobile devices by breaking them in half or hitting them with a hammer.” (The New York Times, 9/2/2016) (The New York Times, 9/2/2016)
  • The FBI wrote that “investigative limitations, including the FBI’s inability to obtain all mobile devices and various computer components associated with Clinton’s personal email systems, prevented the FBI from conclusively determining” whether her emails had been successfully hacked.
  • Shortly after she left office, a laptop was made to contain back-up copies of all her emails. However, it got lost in transit.
  • According to the Post, Clinton claimed she “did not know much about how the government classified information. For instance, she said she did not pay attention to the difference between levels of classification, like ‘top secret’ and ‘secret,’ indicating she took ‘all classified information seriously.'” And when she was shown an email with the (C) marking, which is commonly used by the department to indicate classified information, she didn’t recognize the marking.
  • The Post also notes, “she repeatedly told agents she could not recall important details or specific emails she was questioned about.” (The Washington Post, 9/2/2016)

September 2, 2016: The FBI provides statistics on the number of Clinton’s classified emails, but those numbers diverge wildly from the State Department’s numbers.

The FBI Clinton email investigation’s final report, released on this day, details how many of Clinton’s emails were deemed classified, and when, and at what level. This data is according to FBI and Intelligence Community (IC) classification reviews, which is different from a State Department review mentioned below:

  • 81 email chains containing approximately 193 individual emails were classified at the “confidential,” “secret,” and “top secret” levels at the time the emails were drafted on unclassified systems and sent to or from Clinton’s personal server.
  • Of the 81 email chains classified at the time they were sent, 68 remain classified.
  • Twelve of these email chains, classified at the “confidential” or “secret” levels, were not included in the over 30,000 emails turned over by Clinton in December 2014. Apparently, no “top secret” emails were in this category.
  • Thirty-six of the 81 email chains were classified at the “confidential” level.
  • Thirty-seven of the chains were at the “secret” level.
  • Eight of the chains were at the “top secret” level.
  • Out of the eight “top secret” chains, seven chains contained information associated with a Special Access Program (SAP), and three email chains contained Sensitive Compartmented Information (SCI). One “top secret”/SCI email was later downgraded to a current classification of “secret.”
  • Thirty-six of the 81 classified email chains were determined to be Not-Releasable to Foreign Governments (NOFORN) and 2 were considered releasable only to Five Allied partners (FVEY) – the US, Britain, Canada, Australia, and New Zealand.
  • Sixteen of the email chains, classified at the time the emails were sent, were downgraded in current classification by Intelligence Community (IC) agencies.
  • By contrast, the State Department’s FOIA process identified 2,028 emails currently at the “confidential” level and 65 currently at the “secret” level, for a total of 2093 emails.

The FBI report further notes: “Of these emails, FBI investigation identified approximately 100 emails that overlapped with the 193 emails (80 email chains) determined through the FBI classification review to be classified at the time sent. All except one of the remaining 2,093 emails were determined by the State FOIA process to be ‘confidential’, with one email determined to be ‘secret’ at the time of the FOIA review. State did not provide a determination as to whether the 2,093 emails were classified at the time they were sent.”

It is unclear why the FBI and IC numbers are so different from the State Department numbers when it comes to “confidential” level emails. The FBI and IC identified 36 of the 81 email chains were classified at the “confidential” level, while the State Department identified 2,028 emails at the “confidential” level. And while one cannot compare email chains to emails, all 81 classified emails chains only contained 193 individual emails, so the 36 “confidential” chains must contain fewer emails than that.

Furthermore, the FBI found an additional 17,000 emails to the over 30,000 work-related emails Clinton gave to the State Department, and it appears these largely haven’t been analyzed. It hasn’t even been reported how many of them are work-related. (Federal Bureau of Investigation, 9/2/2016)

September 2, 2016: Clinton often told an aide to forward Blumenthal’s emails to the White House and others, but the FBI was unable to prove this actually happened.

In the FBI’s Clinton email investigation final report released on this day, the FBI discusses the at least 179 “intelligence memos” Clinton confidant Sid Blumenthal emailed to Clinton. Media reports indicate that some memos were accurate and some were totally inaccurate, but none of them were vetted by any US government official, because Blumenthal was and is a private citizen with no security clearance sending the emails directly to Clinton.

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An email in which Clinton wanted Sullivan to send a Blumenthal email to Obama, without mentioning who it was from. (Credit: public domain)

According to the FBI report, “Clinton often forwarded the memos to [her aide Jake] Sullivan, asking him to remove information identifying Blumenthal as the originator and to pass the information to other State employees to solicit their input. According to emails between Clinton and Sullivan, Clinton discussed passing the information to the White House, other [US government] agencies, and foreign governments.”

However, the report also mentions that the FBI was unable to determine if any of the memos were actually sent to such recipients, because the State Department didn’t give the FBI any of Sullivan’s emails sent to anyone other than Clinton. (Federal Bureau of Investigation, 9/2/2016) (Department of State, 2/29/16)

September 12, 2016: Senator Grassley accuses the FBI of manipulating which information about the Clinton email investigation becomes public in order to hide certain events.

Senator Charles Grassley (R), chair of the Senate Judiciary Committee, speaks in the Senate about difficulties he is having with the FBI’s selective release of information regarding the FBI’s Clinton email investigation.

Senator Charles Grassley speaks on the Senate floor on September 12, 2016. (Credit: YouTube)

Senator Charles Grassley takes to the Senate floor on September 12, 2016. (Credit: Public domain)

He points out that the FBI has taken the unusual step of releasing the FBI’s final report and Clinton interview summary. “However, its summary is misleading or inaccurate in some key details and leaves out other important facts altogether.”

He says there are dozens of completely unclassified witness reports, but even some Congressional staffers can’t see them “because the FBI improperly bundled [them] with a small amount of classified information, and told the Senate to treat it all as if it were classified.”

He says the normal procedure is for documents to have the classified portions marked. Then the unclassified portions can be released. But in defiance of regulations and a clear executive order on how such material should be handled, “the FBI has ‘instructed’ the Senate office that handles classified information not to separate the unclassified information.”

He points in particular to recently revealed news that Paul Combetta, an employee of the company (Platte River Networks) that managed Clinton’s private server from June 2013 onwards, deleted and wiped all of Clinton’s emails from the server in March 2015. Grassley claims “there is key information related to that issue that is still being kept secret, even though it is unclassified. If I honor the FBI’s ‘instruction’ not to disclose the unclassified information it provided to Congress, I cannot explain why.”

He also says, “Inaccuracies are spreading because of the FBI’s selective release. For example, the FBI’s recently released summary memo may be contradicted by other unclassified interview summaries that are being kept locked away from the public.”

He says he has been fighting the FBI on this, but without success so far, as the FBI isn’t even replying to his letters. (US Senate, 9/13/2016) (YouTube, 9/13/2016)

September 13, 2016: Justin Cooper was an administrator of Clinton’s private server and yet had no security clearance; Clinton apparently wasn’t asked about this.

Justin Cooper appears before the House Oversight and Government Affairs Committee on September 13, 2016 (Credit: Alex Wong / Getty Images)

Justin Cooper appears before the House Oversight and Government Affairs Committee on September 13, 2016. (Credit: Alex Wong / Getty Images)

Justin Cooper worked with Bryan Pagliano to manage Clinton’s private server while she was secretary of state. But while Pagliano was a State Department employee, Cooper was an aide to former President Bill Clinton as well as a Clinton Foundation employee. When Cooper testifies before a Congressional committee on this day, he is asked by Representative Jason Chaffetz (R) if he had a security clearance while he was helping to manage the server.

He replies, “No, I did not have a security clearance.”

He mentions that he worked in the White House from 2000 to 2001, but he is not asked if he had a security clearance in those years. However, he mentions that he wasn’t involved in handling classified information at that time.

Chaffetz also asks him, “You had access to the server the entire time you were working for the Clintons?”

He answers, “Yes I had access to the server.”

He also mentions that both he and Pagliano had remote access, which means they could have accessed Clinton’s emails over the Internet at any time. (US Congress, 9/13/2016)

Curiously, the FBI Clinton email investigation’s final report, released earlier in September 2016, doesn’t mention Cooper’s lack of a security clearance. Nor is it mentioned in the summary of Clinton’s July 2016 FBI interview, which is made public in early September 2016 as well, if Clinton knew Cooper had no security clearance when she hired him and continued to pay him for managing the server. (Federal Bureau of Investigation, 9/2/2016)

September 14, 2016: The US intelligence community has declined to conduct a required damage assessment caused by the classified information on Clinton’s private email server.

Joel Melstad, spokesperson for the of the Office of the Director of National Intelligence (ODNI), says, “ODNI is not leading an [intelligence community]-wide damage assessment and is not aware of any individual IC element conducting such formal assessments.”

Most of the above “top secret” emails sent or received on Clinton’s server related to the US drone program in Pakistan. According to the Washington Free Beacon, Director of National Intelligence James Clapper “agreed with security officials who argued against the need to carry out the damage assessment. Intelligence officials argued in internal discussions that since many details of the drone missile program targeting terrorists were disclosed in earlier leaks unrelated to Clinton’s use of a personal email server, gauging the damage done by her conduct would be difficult, and possibly unnecessary.”

However, “Other officials said Clapper’s decision appeared based on political considerations and was an effort to avoid embroiling American intelligence agencies in charges they were attempting to influence the outcome of Clinton’s bid for the White House.”

Representative Mike Pompeo (Credit: Politico)

Representative Mike Pompeo (Credit: Politico)

A June 2014 counterintelligence directive, ICD-732, states that “damage assessments shall be conducted when there is an actual or suspected unauthorized disclosure or compromise of classified national intelligence that may cause damage to US national security.”

Representative Mike Pompeo (R) says, “FBI Director [James] Comey has made clear that there was highly classified and sensitive information on Secretary Clinton’s personal server. It is imperative that [a damage assessment] be conducted to determine what harm to American national security may have occurred and, just as importantly, to prevent the massive mishandling of sensitive materials from ever happening again.”

Angelo Codevilla (Credit: public domain)

Angelo Codevilla (Credit: public domain)

Angelo Codevilla, a former US intelligence officer, says, “Common sense, the intelligence community’s standard practice, as well as a 2014 directive, require assessing the damage done by any such compromise.” She also asserts that Comey’s “vague and evasive” comments regarding Clinton’s handling of classified information confirm that a significant number of secrets were compromised.

Michelle VanCleave (Credit: public domain)

Michelle Van Cleave (Credit: public domain)

Michelle Van Cleave, a former national counterintelligence executive, similarly asserts, “Whenever there is a significant compromise of national security information, as the FBI’s report confirms happened here, it is essential to conduct an assessment of the damage in order to protect plans, programs, or lives that may be at risk.” There have been reports that Clinton’s emails revealed the names of some undercover CIA officers as well.

Kenneth deGraffenreid (Credit: The Institute of World Politics)

Kenneth deGraffenreid (Credit: The Institute of World Politics)

Kenneth deGraffenreid, a former deputy national counterintelligence executive, says, “Intelligence agencies hate conducting damage assessments that could show people that somebody did something wrong, or improper, or did it poorly. They never want that known. It’s a bureaucracy that does one thing: protects itself.”

He says Congress should force the intelligence community to conduct the damage assessment, since it will find no political advantage in doing it voluntarily.

However, the Free Beacon reports, “Congressional sources said the House and Senate intelligence oversight committee are reluctant to require the damage assessment since it would codify in writing the false claim that no damage was caused to the drone program by the compromise of secrets by Clinton and her aides.” (The Washington Free Beacon, 9/14/2016)

September 19, 2016: A judge gives the State Department a tongue-lashing over its slow response to FOIA requests.

US District Court Judge Richard Leon criticizes the State Department over what he calls “foot-dragging” regarding Freedom of Information Act (FOIA) requests relating to Clinton’s tenure as secretary of state.

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US DC District Court Judge Richard Leon (Credit: public domain)

Leon warns Justice Department lawyers, “You have a client that, to say the least, is not impressing the judges on this court, myself included. … It is in your client’s interest to start being more obviously cooperative. The State Department is at risk of being perceived as obstreperous. [They] need to get with the program.”

The hearing is due to a FOIA lawsuit trying to force the release of documents on whether Clinton and her aides were trained to handle classified information. The State Department propose a deadline of October 17, 2016 to produce about 450 unclassified documents relating to the issue sought by the Daily Caller.

However, Leon orders the department to process and release of the records by October 10, 2016. (Politico, 09/19/16)

 

October 31, 2016: The FBI begins analyzing Huma Abedin’s newly discovered emails.

Abedin crying after learning the FBI has re-opened the Clinton email investigation. (Credit: public domain)

Abedin’s reaction is captured after learning the FBI has re-opened the Clinton email investigation. (Credit: public domain)

On October 30, 2016, the FBI obtained a search warrant, allowing its agents who had taken part in the FBI’s Clinton email investigation to have access to hundreds of thousands of emails belonging to top Clinton aide Huma Abedin. According to the New York Times, by the next day, the FBI begins using a special computer program that can help FBI analysts determine whether the emails contain classified information.

Clinton turned over about 30,000 of her emails to the State Department in December 2014, and deleted about another 31,000. The FBI recovered about 17,000 of those deleted emails during its investigation, which concluded in July 2016. The program should allow analysts to learn relatively quickly how many emails are previously known copies. Abedin also had an email account on Clinton’s server, and there are thousands of her emails not sent to or from Clinton, but their exact number is unknown.

Abedin is seen arriving at Clinton's campaign headquarters in Brooklyn, NY, two days after the FBI reopened the Clinton email case. (Credit: Jae Donnelly / The Daily Mail)

Abedin is seen arriving at Clinton’s campaign headquarters in Brooklyn, NY, two days after the FBI reopened the Clinton email case. (Credit: Jae Donnelly / The Daily Mail)

One unnamed “senior law enforcement official” says, “This is not a manpower issue. It’s an issue of getting the emails into a program that can allow agents to look at them.”

The FBI is under intense pressure to complete its review before the US presidential election on November 8, 2016, just over one week away. However, if previously unknown emails are discovered, it could take weeks or months for various government departments to confer and agree upon their classification status.

If more classified emails are found, that likely will not cause new legal difficulties for Clinton or Abedin, because many such emails already were found, but FBI Director James Comey said that he wouldn’t recommend any indictments without evidence of criminal intent.

The Times comments that “What could cause problems for Ms. Abedin — and by extension Mrs. Clinton — is if the FBI finds evidence that anyone tried to conceal these new emails from investigators. Ms. Abedin has said she turned over all her emails to the FBI months ago and does not know how emails ended up” on the computer owned by her estranged husband Anthony Weiner.
(The New York Times, 10/31/2016)