June 12, 2016: WikiLeaks says it will be making public more of Clinton’s previously unpublished emails.

Juilan Assange appears on ITV on June 12, 2016. (Credit: ITV)

Juilan Assange appears on ITV on June 12, 2016. (Credit: ITV)

In an interview, WikiLeaks founder Julian Assange is asked if his organization has any of Clinton’s “undisclosed emails.” He replies, “We have upcoming leaks in relation to Hillary Clinton,” and “We have emails relating to Hillary Clinton pending publication, that is correct.” He also says, “There is very strong material both in the emails and in relation to the Clinton Foundation.”

He believes this contains enough evidence for the FBI to recommend Clinton’s indictment: “We’ve accumulated a lot of material about Hillary Clinton. We could proceed to an indictment.”

He doesn’t specify when or how many emails might be published. Asked about the FBI’s Clinton investigation, he believes the Justice Department will do the bidding of President Obama and so they will not indict Clinton. (The Guardian, 6/12/2016(ITV, 6/12/2016)

Several days later, a hacked using the nickname Guccifer 2.0 shares files from a recent hack of the DNC (Democratic National Committee) and claims to have given “thousands of files and mails” to WikiLeaks. (Wired, 6/15/2016) (Vice News, 6/15/2016) 

June 21, 2016: The Clinton Foundation’s computer network was recently successfully hacked by alleged Russian hackers.

Bloomberg News reports this is according to three unnamed “people familiar with the matter.” Clinton Foundation officials say they haven’t been notified of the attack and refuse to say more. The breach was discovered as recently as one week earlier.

The attack appears to be part of a larger sweep of attacks that has targeted at least 4,000 email accounts of people connected to US politics since about October 2015. Many of the targets appear to be linked to Clinton.

Bloomberg News comments, “The thefts set the stage for what could be a Washington remake of the public shaming that shook Sony in 2014, when thousands of inflammatory internal emails filled with gossip about world leaders and Hollywood stars were made public.”

Someone going by the nickname “Guccifer 2.0” has been releasing documents from a hack on the DNC [Democratic National Committee] but it is unknown if this person is linked to the foundation attack. (Bloomberg News, 6/21/2016)

June 23, 2016: The State Department is accused of dragging out the release of emails related to the Clinton Foundation.

Oscar Flores (Credit: public domain)

Oscar Flores (Credit: public domain)

In a court filing, the conservative watchdog group Citizens United asks a judge to order the State Department to speed up the release of emails between the department and four Clinton Foundation officials, namely: Chelsea Clinton (the daughter of Bill and Hillary), Amitabh Desai (the foundation’s director of foreign policy), and Justin Cooper and Oscar Flores, two Bill Clinton aides who also have worked for the foundation.

A judge has ordered the department to release emails in monthly batches, due to a Freedom of Information Act (FOIA) request by Citizens United. But the department has only released 17 emails in its first two monthly batches, despite saying it has found nearly 4,000 emails that match the request.

Citizens United wants the emails released before the November 2016 general election, but they say that at the current pace, it would take 38 years for the department to release them all. (The Free Beacon, 6/23/2016)

June 24, 2016: Clinton’s official calendar omits dozens of meetings with donors and other outside interests.

A sample of a meeting with donors and loyalists that were omitted from Clinton’s official calendar. (Credit: The Associated Press)

In August 2013, the Associated Press (AP) filed a Freedom of Information Act (FOIA) request for Clinton’s calendar and schedules from the State Department. After years of delays and denials, AP recently got about one-third of Clinton’s planning schedules from when she was secretary of state, and will be getting more.

A comparison of the planning schedules with Clinton’s 1,500-page official calendar shows “at least 75 meetings with longtime political donors, Clinton Foundation contributors, and corporate and other outside interests that were not recorded,” or for which the names of those she met were omitted. At least 114 outsiders attended these meetings. Only seven meetings were replaced on the calendar by other events, while more than sixty meetings were either omitted entirely or described briefly as “private meetings” without mention of who attended. The missing meetings involve “private dinners and meetings with political donors, policy sessions with groups of corporate leaders, and ‘drop-bys’ with old Clinton campaign hands and advisers.”

For instance, meetings with controversial Clinton confidant Sid Blumenthal are not mentioned, nor are meetings with billionaire Haim Saban, a major donor to Clinton’s political campaigns who also has given at least $5 million to the Clinton Foundation. A Clinton spokesperson says this merely shows that some records are more detailed than others. But AP points out that on the same days the names of donors Clinton meets with are omitted, the names of all the participants in other meetings are given.

Five former State Department logistics officials say that some previous secretaries of state omitted some details from their official calendars, but only for special occasions, such as medical appointments, and not meetings with donors or political interests. It is not known who edited Clinton’s official calendar. It also does not appear any federal laws were broken, although there are department rules against altering or deleting information.

Danielle Brian, executive director of the nonpartisan watchdog group the Project On Government Oversight (POGO), comments: “It’s clear that any outside influence needs to be clearly identified in some way to at least guarantee transparency. That didn’t happen. These discrepancies are striking because of her possible interest at the time in running for the presidency.” (The Associated Press, 6/24/2016)

June 28, 2016: Huma Abedin admits she worked on “Clinton family matters” while she was working at the State Department.

During the deposition of Clinton’s former deputy chief of staff Huma Abedin by Judicial Watch, she is asked if she used her private email account hosted on Clinton’s clintonemail.com private server for any State Department work.

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Huma Abedin (Credit: David McGlynn)

Abedin responds, “My practice was to use my state.gov email. I did the vast majority of my work on state.gov, at my computer and on my BlackBerry when we traveled. And I used Clinton email for just about everything else. I used that for the Clinton family matters and, frankly, I used it for my own personal e-mail, as well.”

She is pressed, “But you also used it at times for state-related matters?”

She replies, “Yes. There were occasions when I did do that, correct.”

She is then asked, “And were there occasions when you used that with Secretary Clinton, where both of you used only the clintonemail.com accounts?”

Abedin replies, “There were occasions when that occurred, yes.” (Judicial Watch, 6/29/2016)

Unfortunately, Abedin is not asked what she means by working on “Clinton family matters,” and if that included Clinton Foundation matters.

June 29, 2016: The State Department wants to delay the release of emails between Clinton’s former aides and the Clinton Foundation until well after the 2016 presidential election.

Melanne Verveer (left) (Credit: Chip Somodevilla / Getty Images) and former Deputy Assistant Secretary of State for East Asian and Pacific Affairs,Michael Fuchs (right) (Credit: Center for American Progress)

Former Ambassador-at-Large Melanne Verveer (left) (Credit: Chip Somodevilla / Getty Images) and former Deputy Assistant Secretary of State for East Asian and Pacific Affairs Michael Fuchs (right) (Credit: Center for American Progress)

Conservative group Citizens United has a Freedom of Information Act (FOIA) lawsuit seeking emails that former State Department officials Huma Abedin, Cheryl Mills, Ambassador-at-Large Melanne Verveer, and Deputy Assistant Secretary of State Michael Fuchs exchanged with employees of the Clinton Foundation or Teneo Consulting, a company closely tied to the Clintons. The court has ordered the emails to be released by July 21, 2016.

However, Justice Department lawyers acting on behalf of the State Department ask US District Court Judge Rudolph Contreras for an extension until October 2018 – more than two years. The State Department says they thought in March 2016 that there were only 6,000 pages of emails to process. But an error was discovered and they now believe there are more than 14,000 pages. The department also complains they are falling behind responding to FOIA requests and lawsuits in general.

Citizens United president David Bossie says, “This is totally unacceptable; the State Department is using taxpayer dollars to protect their candidate Hillary Clinton. The American people have a right to see these emails before the [November 2016 presidential] election. […] The conflicts of interest that were made possible by the activities of Hillary Clinton’s State Department in tandem with the Clinton Foundation are of significant importance to the public and the law enforcement community.” (Politico, 6/29/2016)

 

July 7, 2016: FBI Director James Comey refuses to say whether the Clinton Foundation is being investigated.

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Bill and Hillary Clinton attend an open plenary session for the Clinton Global Initiative on September 22, 2014. (Credit: John Moore / Getty Images)

In a Congressional hearing, Representative Jason Chaffetz (R) asks Comey: “Did you look at the Clinton Foundation?”

Comey replies, “I’m not going to comment on the existence or nonexistence of any other investigations.”

Chaffetz then asks, “Was the Clinton Foundation tied into this investigation?”

Comey responds, “Yeah, I’m not going to answer that.” (CNN, 7/7/2016)

It has previously been reported by Fox News in January 2016 that the Clinton Foundation is being investigated by the FBI, but that hasn’t been officially confirmed. An unnamed “FBI source” also told the Daily Mail in April 2016 that the FBI is conducting an investigation of the Clinton Foundation separate from its Clinton email investigation. (The Daily Mail, 7/7/2016)

In October 2016, the Wall Street Journal and Washington Post will report that there actually is an FBI investigation and it has been in existence since at least 2015, but it has been hobbled by a lack of support from the Justice Department.

July 7, 2016: WikiLeaks claims the FBI did not ask them for copies of the Clinton documents they (WikiLeaks) are preparing to release.

WikiLeaks posts a tweet that states: “The FBI did not ask us for copies of our upcoming Hillary Clinton leaks before concluding its investigation. Credible detective work! Not.” (WikiLeaks, 7/7/2016)

On June 12, 2016, WikiLeaks head Julian Assange said in a public interview that WikiLeaks is preparing to publish leaks relating to Clinton’s emails and the Clinton Foundation. (The Guardian, 6/12/2016(ITV, 6/12/2016)

Also on July 7, 2016, WikiLeaks posts another tweet, suggesting that a release of Clinton documents will be coming soon: “Have more than 1,000,000 followers? Want early access to our pending Hillary Clinton publications? DM @WikiLeaks” (WikiLeaks, 7/7/2016)

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 8, 2016: A Donald Trump confidant claims to be in contact with the head of WikiLeaks and predicts a future release of Clinton Foundation material.

Stone gives a speech to the speech to the Southwest Broward Republican Organization on August 8, 2016. (Credit: Nydia B. Stone)

Stone gives a speech to the Southwest Broward Republican Organization on August 8, 2016. (Credit: Nydia B. Stone)

In a public appearance, Republican strategist Roger Stone is asked to predict what “October surprise” Wikileaks leader Julian Assange may reveal about Clinton that could influence the November 2016 presidential election. WikiLeaks released a batch of hacked emails from the Democratic National Committee (DNC) in July 2016 and hinted at more releases to come.

Stone replies, “Well, it could be any number of things. I actually have communicated with Assange. I believe the next tranche of his documents pertain to the Clinton Foundation, but there’s no telling what the October surprise may be.”

Stone was an official consultant to the Republican presidential candidate Donald Trump until August 2015, and has remains a prominent surrogate and confidant for Trump. (Talkingpointsmemo.com, 8/7/2016)

However, Stone’s prediction will be proven wrong when WikiLeaks begins posting thousands of Clinton campaign manager John Podesta’s private emails on October 7, 2016. But Stone will post a Tweet on August 21, 2016 that may have predicted that.

August 11, 2016: Ethics experts say recently released emails indicate the spirit of Clinton’s pledges to keep the interests of the State Department and the Clinton Foundation was violated.

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Gilbert Chagoury (left) and Bill Clinton (right) attend a 2005 Pride of Heritage Banquet event in Beverly Hills, California. (Credit: ABC News)

Recently released Huma Abedin emails, from the time she was deputy chief of staff to Clinton, are widely reported in the mainstream media due to some emails that suggest possible conflicts of interest between the State Department and the Clinton Foundation. For instance, in an April 2009 email exchange between Clinton Foundation executive Douglas Band and Abedin, Band sought urgent access for Gilbert Chagoury, a Lebanese-Nigerian billionaire who donated between $1 million and $5 million to the foundation and pledged an additional $1 billion to the Clinton Global Initiative (CGI).

On January 5, 2009, just prior to becoming secretary of state, Clinton wrote in a formal letter to a State Department ethics official: “For the duration of my appointment as Secretary if I am confirmed, I will not participate personally and substantially in any particular matter involving specific parties in which The William J. Clinton Foundation (or the Clinton Global Initiative) is a party or represents a party, unless I am first authorized to participate.” Additionally, a December 2008 memo of understanding was signed between the Obama administration and the Clinton Foundation that also limited how Clinton and her staff could interact with the foundation to avoid conflict of interest problems.

Politico reports that the emails between Abedin and Band regarding Chagoury “is the latest in a succession of emails suggesting Clinton staffers violated the spirit, if not the letter, of the ethics agreement Clinton had signed just months earlier.” “Several ethicists” agree that the emails suggest violations of Clinton’s ethics agreements.

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Meredith McGehee (Credit: Twitter)

Meredith McGehee, policy director for the nonpartisan Campaign Legal Center, says that the actual language of the pledge is “not surprisingly, very lawyerly … [and] there is an argument to be made that Clinton herself has not violated what was in the pledge.” But she adds, “Whether she or her aides have violated the spirit of the pledge … yeah, of course they have. The notion of continuing contact between the Clinton Foundation and the State Department — that was not supposed to happen.”

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Craig Holman (Credit: public domain)

Craig Holman, who works for Public Citizen, a non-profit, consumer rights advocacy group, says: “The Clinton Foundation was taking money from anybody who would give it, and the biggest contributions were from people who had business before the State Department. They didn’t follow the pledge. … I don’t think anyone in the foundation sought to deliberately violate the pledge, I just don’t think they cared about it.” (Politico, 8/11/2016)

August 11, 2016: According the Daily Caller, the FBI is pursuing multiple investigations regarding possible corruption related to the Clinton Foundation.

Additionally, various US Attorney offices in different states are giving assistance. This is according to an unnamed “former official who has direct knowledge” of the investigations. The main investigation is said to be based in New York, which is where the Clinton Foundation is headquartered.

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Preet Bharara, US attorney for the Southern District of New York. (Credit: R. Umar Abbasi / Wire Image)

This is being led by Preet Bharara, the US attorney for the Southern District of New York. The source says that Bharara and his office “would be seen by [FBI] agents as a positive development, as prosecutors there are generally thought to be more aggressive than the career lawyers within the [Justice Department].” The office has specialized in large-scale, sophisticated financial frauds. By contrast, the FBI investigation of Clinton’s private email server while she was secretary of state was conducted by FBI headquarters without the involvement of state US Attorneys. (The Daily Caller, 8/11/2016)

It is known that one FBI investigation regarding the Clinton Foundation relates to Virginia Governor Terry McAuliffe (D) and his ties to a Clinton Foundation donor. The Daily Caller report comes hours after an CNN report talking about a failed attempt to start a different Clinton Foundation-related investigation, and makes clear that is not what they are referring to. (CNN, 8/11/2016)

In October 2016, the Wall Street Journal will confirm the existence of an FBI Clinton Foundation investigation, which has been on-going since 2015.

August 11, 2016: The State Department fails to answer questions about a possible conflict of interest involving the Clinton Foundation and Clinton’s chief of staff Cheryl Mills in June 2012.

In January 2016, Senator Charles Grassley (R), the chair of the Senate Judiciary Committee, sent a letter to Secretary of State John Kerry, asking about Cheryl Mills’ role in picking the next head of the Clinton Foundation by interviewing two candidates for that position on June 20, 2012. At the time, Mills was Clinton’s chief of staff in the State Department, and Clinton had vowed not to allow any action that even created the appearance of a conflict of interest between Clinton’s management of the State Department and the Clinton Foundation.

However, on August 11, 2016, CNN reports that Grassley still has received no official reply from the State Department.

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Scott Amey (Credit: public domain)

Scott Amey, an attorney for the Project on Government Oversight (POGO), says, “Congress has a rightful right to ask for any information that it wants to from the executive branch of government to keep track of them. And the government should be turning that information over. When you have a breakdown in that system, we have a breakdown in our democracy.”

CNN also asks the State Department if Mills had or needed permission from the department for the trip, or if anyone from the department was even aware of what she was doing. A department spokesperson doesn’t directly answer the question, except to say that Mills had the right to do what she wanted on her own time if it was strictly voluntary in nature. (CNN, 8/11/2016)

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.

August 16, 2016: The Boston Globe argues that the Clinton Foundation should be entirely shut down if Clinton is elected president.

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The Boston Globe Logo (Credit: public domain)

The Boston Globe‘s editorial board writes an editorial entitled: “Clinton Foundation should stop accepting funds.” The Globe opines: “Since its founding, the foundation has supported relief in Haiti, global health, and other good causes. It also provided posts or paychecks for some members of the Clinton political team, like Cheryl Mills, Douglas Band, and Huma Abedin, and afforded the former president a platform and travel budget. Many of the foundation’s donations come from overseas, including from foreign governments with troubling human rights records.”

The editorial concludes: “Winding down the foundation, and transferring its assets to some other established charity, doesn’t have to hurt charitable efforts. If the foundation’s donors are truly motivated by altruism, and not by the lure of access to the Clintons, then surely they can find other ways to support the foundation’s goals.  … The Clintons should move now to end donations to the foundation, and make plans to shut it down in November. Even if they’ve done nothing illegal, the foundation will always look too much like a conflict of interest for comfort.” (The Boston Globe, 8/16/2016)

Two days later, the foundation will announce some changes, including refusing all foreign donations if Clinton is elected, but it won’t go nearly as far as this editorial suggests.

August 18, 2016: The Clinton Foundation announces what changes it will make if Hillary Clinton is elected president.

Former President Bill Clinton tells foundation staff what changes the foundation will make to deal with conflict of interest concerns if Hillary is elected president in November 2016:

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Bill Clinton (Credit: Darren McCollester / Getty Images)

  • The foundation will stop accepting donations from any foreign entity or from any corporations or corporate charities. Only US citizens and independent charities will be able to donate.
  • Bill Clinton will resign from the foundation’s board.
  • He will not give any paid speeches until the November 2016 election, and then will not give any paid speeches if Hillary wins the election.
  • He also will stop personally soliciting donations for the foundation.
  • This year’s annual Clinton Global Initiative (CGI) meeting will be the last one.

All of these changes will occur only if Clinton wins the presidential election, except for the CGI meetings, which will stop even if she loses.

Republicans criticize the changes as insufficient. Republican National Committee (RNC) chair Reince Priebus says the changes are “too little, too late.” He says the foundation “should immediately cease accepting foreign donations and return every penny ever taken from other countries, several of which have atrocious human rights records and ties to terrorism.” He also says the foundation continuing to accept foreign donations during Hillary Clinton’s presidential campaign is a “massive, ongoing conflict of interest that gets bigger by the day.” (The Associated Press, 8/22/2016) (The Los Angeles Times, 8/22/2016)

August 18, 2016: The Clinton Foundation’s computer network may have been recently hacked.

Reuters reports that the foundation has recently hired the cybersecurity company FireEye to investigte and combat hacking after seeing indications of possible hacking. This is according to two unnamed “sources familiar with the matter.”

No stolen emails or documents from the foundation have been made public so far. However, one of the sources plus two unnamed US security officials say that hackers appear to have used “spear phishing” techniques to gain access to the foundation’s network, in the same way they’ve hacked the Democratic National Committee (DNC) and other political targets. (Reuters, 8/18/2016)

August 18, 2016: The Clinton Foundation claims its computers have not been hacked.

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Logo of FireEye (Credit: public domain)

Earlier in the day, Reuters reported from several sources that it is likely the Clinton Foundation’s computer network has been recently hacked. But the foundation says, “We have no evidence Clinton Foundation systems were breached and have not been notified by law enforcement of an issue.”

Reuters also reported the foundation recently hired the cybersecurity company FireEye to combat hacking. The foundation has not responded to this. (Politico, 8/18/2016)

August 23, 2016: USA Today’s editorial board advocates closing the Clinton Foundation if Clinton is elected president.

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USA Today Logo (Credit: USA Today)

An editorial entitled “Mothball the Clinton Foundation” is published several days after the foundation laid out steps the foundation will take to avoid conflicts of interest.

The editorial says, “The plans range from the laughable to the laudable, and they are woefully incomplete. … Ending foreign and corporate contributions is a good step, but allowing them to continue at least through the first week of November looks more like an influence-peddling fire sale (Give while you still can!) than a newfound commitment to clean government. And the complex plan for allowing donations from US citizens and permanent residents, keeping some parts of the Clinton Foundation alive, and maintaining scores of Clinton-family allies on the payroll is less an opportunity for a clean slate than a guarantee of new controversy.”

The editorial concludes: “the only way to eliminate the odor surrounding the foundation is to wind it down and put it in mothballs, starting today, and transfer its important charitable work to another large American charity such as the Bill & Melinda Gates Foundation. If Hillary Clinton doesn’t support these steps, she boosts Trump’s farcical presidential campaign and, if she’s elected, opens herself up to the same kind of pay-to-play charges that she was subject to as secretary of state.” (USA Today, 8/23/2016)

August 24, 2016: Chelsea Clinton will stay on the Clinton Foundation’s board even if her mother Hillary becomes president.

NEW YORK, NY - SEPTEMBER 27: Chelsea Clinton attends the Clinton Global Initiative 2015 Global Citizen Awards at Sheraton Times Square on September 27, 2015 in New York City. (Photo by Taylor Hill/FilmMagic)

Chelsea Clinton (Credit: Taylor Hill / FilmMagic)

This is according to Clinton Foundation spokesperson Craig Minassian. However, it is unclear if Chelsea would continue to raise money for the foundation. Furthermore, she doesn’t intend to say whether she would raise money for the foundation until after the election. One unnamed person “familiar with the plans” says, “They don’t think it makes sense to decide right now.”

On August 18, 2016, it was reported that former President Bill Clinton will resign from the foundation’s board and stop soliciting donations if his wife Hillary is elected president in November 2016. Neither the Clintons nor the Clinton Foundation has explained why it would be appropriate for Bill to makes those changes due to family ties but Chelsea should not despite her family ties.

Ray Madoff, a Boston College Law School professor and director of the Forum on Philanthropy and the Public Good, says, “The Clinton Foundation has been way too inattentive to the appearance of impropriety. Chelsea clearly has access to her parents, so the appearance of impropriety continues.” (The Wall Street Journal, 8/24/2016)

August 24, 2016: Half of the private citizens who met with Clinton while she was secretary of state donated to the Clinton Foundation.

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New York Post cover on August 24, 2016. (Credit: New York Post)

The Associated Press publishes an article based on an analysis of Clinton’s schedule while she was secretary of state. The article begins: “More than half the people outside the government who met with Hillary Clinton while she was secretary of state gave money – either personally or through companies or groups – to the Clinton Foundation. It’s an extraordinary proportion indicating her possible ethics challenges if elected president. At least 85 of 154 people from private interests who met or had phone conversations scheduled with Clinton while she led the State Department donated to her family charity or pledged commitments to its international programs, according to a review of State Department calendars released so far to the Associated Press. Combined, the 85 donors contributed as much as $156 million. At least 40 donated more than $100,000 each, and 20 gave more than $1 million.”

The analysis doesn’t include US or foreign government officials. The Associated Press notes that “Clinton met with representatives of at least 16 foreign governments that donated as much as $170 million to the Clinton charity, but they were not included in AP’s calculations because such meetings would presumably have been part of her diplomatic duties.” Furthermore, three years ago, the Associated Press filed a Freedom of Information Act (FOIA) lawsuit for Clinton’s daily schedules and so far has only received full data for the first two years of Clinton’s four years as secretary of state. Thus, only those two years were analyzed.

The Associated Press comments: “The meetings between the Democratic presidential nominee and foundation donors do not appear to violate legal agreements Clinton and former president Bill Clinton signed before she joined the State Department in 2009. But the frequency of the overlaps shows the intermingling of access and donations, and fuels perceptions that giving the foundation money was a price of admission for face time with Clinton.”

Clinton spokesperson Brian Fallon complains that the article is unfair, saying, “It is outrageous to misrepresent Secretary Clinton’s basis for meeting with these individuals.” He also calls it “a distorted portrayal of how often she crossed paths with individuals connected to charitable donations to the Clinton Foundation.”

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Pictured from left to right Daniel Abraham (Credit: public domain), Muhammad Yunas (Credit: public domain), Stephen Schwarzman (Credit: public domain), Nancy Mahon (Credit: Imeh Akpanudosen / Getty Images)

The article cites several examples of Clinton Foundation donors whom Clinton met with, including:

  • Daniel Abraham, a billionaire behind the Slim-Fast diet and founder of the Center for Middle East Peace.
  • Muhammad Yunus, a Bangladeshi economist who won the 2006 Nobel Peace Prize for his work with microcredit loans for poor business owners. Despite his positive reputation, at the time Clinton met with him, it was known he was under investigation by the Bangladeshi government for diverting tens of millions of donated dollars, and he was ultimately forced to resign from the board of the Grameen Bank, the microcredit bank he had helped found.
  • Stephen Schwarzman, chair of the Blackstone Group.
  • Nancy Mahon, who runs MAC AIDS, the charitable arm of MAC Cosmetics, which is owned by Estee Lauder.

However, the article doesn’t cite any clear examples of unethical behavior. State Department officials say they are not aware of any department actions influenced by the Clinton Foundation. Department spokesperson Mark Toner says there are no prohibitions against department contacts with “political campaigns, nonprofits or foundations – including the Clinton Foundation.”

Republican presidential nominee Donald Trump complains, “Hillary Clinton is totally unfit to hold public office. It is impossible to figure out where the Clinton Foundation ends and the State Department begins. It is now abundantly clear that the Clintons set up a business to profit from public office.” (The Associated Press, 8/24/2016)

August 24, 2016: Clinton criticizes an Associated Press article about her meetings with Clinton Foundation donors.

On August 24, 2016, the Associated Press published an article that claims more than half of all the private citizens Clinton met with when she was secretary of state had donated to the Clinton Foundation.

In a CNN interview later that same day, Clinton says the article is “a lot of smoke and no fire.” She adds, “This AP report, put it in context. It excludes nearly 2,000 meetings I had with world leaders. That is absurd. These are people I was proud to meet with, who any secretary of state would have been proud to meet with.”

The Associated Press made clear at the start of the article that they were excluding meetings with US and foreign politicians, since those presumably would take place as part of her government duties anyway. (Politico, 8/24/2016)

160824ClintonSurrogates

Clinton surrogates from left to right, Joel Benenson, Robby Mook, James Carville, Brian Fallon, and Donna Shalala. (Credit: all photos in public domain)

Clinton’s surrogates in the media also are very critical of the article. For instance, a Politico article about it later on the same day is entitled “Clinton camp rages against AP report.” The article notes that Clinton’s chief strategist Joel Benenson, Clinton campaign manager Robby Mook, long-time Clinton ally James Carville, Clinton spokesperson Brian Fallon, and Clinton Foundation President Donna Shalala all make the same point in media interviews, that the Associated Press is “cherry-picking” by limiting its analysis to only private citizens who met with Clinton. They also assert that no wrongdoing on Clinton’s part was proven by the article. (Politico, 8/24/2016)

August 26, 2016: Clinton says she is sure that there are no damaging emails and/or Clinton Foundation controversies still to be made public.

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Clinton does a call-in interview with Mika Brzezinski on August 26, 2016. (Credit: MSNBC)

Clinton is asked by MSNBC journalist Mika Brzezinski, “Are you certain that there are no emails or foundation ties to foreign entities that will be revealed that could perhaps permanently impact your presidential prospects?”

Clinton replies, “Mika, I am sure, and I am sure because I have a very strong foundation of understanding about the foundation—not to have a play on words—that the kind of work the foundation has done which attracted donors from around the world is work that went right into providing services to people.” (Politico, 8/26/2016)

August 30, 2016: More than 50 House Republicans call for a special prosecutor to investigate Hillary Clinton’s ties to the Clinton Foundation.

The representatives write a letter to Attorney General Loretta Lynch, urging the Justice Department to appoint a special prosecutor to investigate whether Clinton Foundation donors had unusual access to Hillary Clinton while she served as secretary of State. This comes after an August 24, 2016 Associated Press article that claims over half of all the private citizens Clinton met with in those years donated to the foundation.

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Representative John Ratcliffe (Credit: public domain)

Representative John Ratcliffe (R) spearheads the letter, which cites the evidence in the article, then says, “All of this makes it very unclear where the State Department ended and where the Clinton Foundation began. … The facts as they have been reported surrounding the Clinton Foundation warrant an investigation that is beyond reproach and beyond any appearance of political favoritism. Appointing a special counsel is a necessary step at this juncture.”

The presidential campaign of Republican nominee Donald Trump has also been pushing for a special prosecutor in recent days. Prominent Republicans such as vice presidential nominee Mike Pence, New Jersey Governor Chris Christie, and former New York City Mayor Rudy Giuliani have issued similar statements.

Not surprisingly, Clinton and other Democratic politicians reject the need for a special prosecutor. For instance, Representative Adam Schiff (D) says, “There’s no evidence at all of any illegality in terms of Clinton Foundation and the secretary of state’s of work. … The most that has come to surface is that some of the Clinton Foundation supporters also met with the secretary of state, which you would imagine would be the case. So no, that’s not at all the kind of foundation you would want for the extraordinary step of a special investigator [or] prosecutor.” (The Hill, 8/30/2016)

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)

September 12, 2016: Bill Clinton claims the Clinton Foundation is more transparent than any other charitable foundation.

Bill Clinton talks to Charlie Rose on September 12, 2016. (Credit: CBS News)

Bill Clinton talks to Charlie Rose on September 12, 2016. (Credit: CBS News)

Former President Bill Clinton is interviewed by CBS News reporter Charlie Rose. He says, “I have said to the best of my knowledge nobody ever got anything from the State Department because they supported the Clinton Foundation. If they did and it was inappropriate, I would say that was wrong too. I have proved that I’m not averse to apologizing for things that I think were wrong. So I am unaware of that.”

He adds, “I believe, first of all, we’ve been as transparent as we can be. And we’ve been more transparent than any other foundation, more transparent than any other foundation has ever been asked to be, and certainly more transparent than anybody else in this line of work is.”

He also says, “Now, if you think nobody should ever call somebody they know and say, ‘Well, so-and-so would like a meeting’—that’s just the way the national government works, so I can’t say anything about that. But I can say to the best of my knowledge … that the people they accused or implied gave money to the foundation just so they could have some in with Hillary did not do that. That’s simply not true.” (CBS News, 9/12/2016)

September 13, 2016: “Less than 20 people” had access to Clinton’s private server.

Cooper shakes hands with Representative Chaffetz after the hearing. (Credit: public domain)

Cooper shakes hands with Representative Chaffetz after the hearing. (Credit: CSpan)

Justin Cooper worked with Bryan Pagliano to manage Clinton’s private server while she was secretary of state. When Cooper testifies before a Congressional committee on this day, he is asked by Representative Jason Chaffetz (R), “[H]ow many people had access to the server?”

He replies, “There were two people who had some administrative rights, myself and Mr. Pagliano. I can’t off the top of my head tell you exactly how many users there were over the lifetime of the server, but it was less than 20 people.”

He also mentions, “The only remote access login to the server was for myself and Mr. Pagliano.”

At other points in his testimony, he says that most of the users were members of former President Bill Clinton’s staff and/or Clinton Foundation employees. Cooper doesn’t have a security clearance and its probable that most of the others with access to the server don’t have security clearances either. (US Congress, 9/13/2016)

In July 2016, FBI Director James Comey claimed that Clinton gave between three and nine people without a security clearance access to the server, but he may be defining “access” in a different manner than Cooper.

September 19, 2016: Bill Clinton says that some Clinton Foundation donors expected favors.

Former President Bill Clinton says of the Clinton Foundation in an interview, “Well, since we had more than 300,000 donors, it would be unusual if nobody did [try to get favors]. … Maybe some of them gave money for that reason, but most of them gave it because they liked what we were doing.”

He adds, “It was natural for people who’ve been our political allies and personal friends to call and ask for things. And I trusted the State Department wouldn’t do anything they shouldn’t do, from a meeting to a favor.” (NPR, 9/19/2016)

October 7, 2016: WikiLeaks publishes the first batch of emails belonging to Clinton’s campaign chair John Podesta.

John Podesta (Credit: The Associated Press)

John Podesta (Credit: The Associated Press)

WikiLeaks publishes 2,060 emails it claims belong to John Podesta. Podesta is chair of the 2016 Hillary Clinton presidential campaign, as well as being chair of the left-wing think tank Center for American Progress (CAP), and was once chief of staff to President Bill Clinton, as well as a top advisor to President Obama. WikiLeaks leader Julian Assange says the emails focus on Podesta’s “communications relating to nuclear energy, and media handling over donations to the Clinton Foundation from mining and nuclear interests.” (WikiLeaks, 10/7/2016) (The Hill, 10/7/2016)

Tony Carrk (Credit: CSpan)

Tony Carrk (Credit: CSpan)

However, one email, sent by Clinton’s campaign research director Tony Carrk to Podesta and other Clinton aides on January 25, 2016, contains excerpts from dozens of Clinton’s private speeches, and draws most of the media attention. (Politico, 10/7/2016)

WikiLeaks labels the release as “Part I of the Podesta emails.” The emails date from 2007 to late March 2016. The next day, a WikiLeaks Tweet claims, “We have published 1% of the #PodestaEmails so far. Additional publications will proceed throughout the election period.” (WikiLeaks, 10/8/2016) (WikiLeaks, 10/7/2016) Another Tweet claims therre are “well over 50,000” Podesta emails to be released. (WikiLeaks, 10/7/2016)

WikiLeaks refuses to say where it got its material from, which is its usual policy. However, earlier in the day, the US intelligence community formally accused the Russian government of being behind the hacking of Democratic National Committee (DNC) emails, which were publicly posted by WikiLeaks as well.

Clinton’s campaign doesn’t confirm the authenticity of the emails, but doesn’t explicitly deny it either. However, Podesta comments that he is “not happy about being hacked by the Russians,” which indicates the emails are his. (Politico, 10/7/2016) (Politico, 10/7/2016)

WikiLeaks soon beginss posting more of Podesta’s emails on a daily basis.

October 12, 2016: Mike Pence doubles down on Trump’s promise to have a special prosecutor investigate Clinton if Trump wins the White House.

During the second presidential debate on October 9, 2016, at Washington University in St. Louis, Missouri, Republican presidential candidate Donald Trump threatened to appoint a special prosecutor to investigate Clinton and put her in jail should he become president.

Mike Pence rallies in Raleigh, North Carolina on October 12, 2016. (Credit: Gerry Broom / The Associated Press)

Mike Pence rallies in Raleigh, North Carolina on October 12, 2016. (Credit: Gerry Broom / The Associated Press)

Four days later, at a Republican campaign rally in Raleigh, North Carolina, Republican vice presidential candidate Mike Pence doubles down on Trump’s promise, saying, “When we make Donald Trump the next president of the United States of America, we will once again uphold the principle that no one is above the law … We will appoint a special prosecutor who will get to the bottom of the Clinton Foundation and hold them accountable.”

Pence focuses on Clinton’s use of a private server while she was secretary of state, and voices a concern about the alleged improprieties that surround the Clinton Foundation.
Politico writes, “The crowd ate it up, with members of the audience shouting ‘traitor,’ ‘lock her up,’ and ‘treason’ during Pence’s remarks.”

Trump also doubles down on the same day, saying at a campaign rally in Florida, “She deleted the emails,” and “She has to go to jail.” (Politico, 10/12/2016)

October 29, 2016: The FBI does have a Clinton Foundation investigation, and Huma Abedin’s newly discovered emails could be useful to it.

Tom Fuentes (Credit: CNN)

Tom Fuentes (Credit: CNN)

Tom Fuentes is a former assistant FBI director at the FBI and a CNN analyst. He says, “The FBI has an intensive investigation, ongoing, into the Clinton Foundation. … [Clinton aide] Huma Abedin and her role in the foundation, and possible allegations concerning the activities of the secretary of state [Clinton] in the nature of the foundation, and possible pay to play – that’s still being looked at. Now you have her emails on a computer where the FBI already has a separate case going for Anthony Weiner’s alleged activities with a minor girl on that case. So, in a sense, it’s almost turned into a one-stop shopping for the FBI as they could have implications affecting three separate investigations on one computer.”

He adds that “Her emails are not just related to the email Clinton [investigation]. That part’s being reopened. The Clinton Foundation case didn’t need to be reopened, it’s never been closed. That’s on-going.”

When asked what his source for this is, he says, “Senior officials at the FBI, several of them, in and out of the bureau.”

In August 2016, CNN reported that there was no FBI Clinton Foundation investigation. But just one day after Fuentes’ comments, both the Wall Street Journal and the Washington Post will confirm the claims made by Fuentes. (CNN, 10/29/2016)

October 30, 2016: The Wall Street Journal confirms there is an on-going FBI Clinton Foundation investigation, but the Justice Department hasn’t given it investigative powers.

Little Rock FBI Field Office (Credit: public domain)

Little Rock FBI Field Office (Credit: public domain)

In January 2016, Fox News reported that the FBI had an on-going investigation into the Clinton Foundation, but this generally wasn’t reported or discussed in other media outlets. In August 2016, the Daily Caller reported on the FBI’s Clinton Foundation investigation, but this also wasn’t generally reported otherwise. For instance, a CNN story that same month asserted the investigation didn’t exist.

On this day, the Wall Street Journal confirms there is an on-going FBI Clinton Foundation investigation, and provides many new details about it. The investigation began some time before October 2015. By February 2016, four FBI field offices were collecting information about the foundation to see if there is evidence of financial crimes or influence-peddling:

  • The Los Angeles office developed an interest in the Clinton Foundation from an unrelated public-corruption case and has issued some subpoenas for bank records related to the foundation.
  • The Washington, DC, office is investigating financial relationships involving Virginia Governor Terry McAuliffe (D), who has been a Clinton Foundation board member.
  • The New York office has done the most work regarding the foundation.
  • The Little Rock, Arkansas, office has had some role, probably due to the Clintons’ ties in Arkansas, where Bill Clinton was governor.
The Jacob K. Javits Federal Building is home to the FBI field agents in New York, New York. (Credit: public domain)

FBI Field Office in New York, New York. (Credit: public domain)

In mid-July 2016, the New York office took charge of the investigation, with the Little Rock office providing assistance.

However, the Journal also reports that senior Justice Department officials have “repeatedly voiced skepticism of the strength of the evidence in [the FBI’s foundation investigation], sought to condense what was at times a sprawling cross-country effort, and, according to some people familiar with the matter, told agents to limit their pursuit of the case.”

Additionally, “Some investigators grew frustrated, viewing FBI leadership as uninterested in probing the charity, these people said. Others involved disagreed sharply, defending FBI bosses and saying [FBI Deputy Director Andrew] McCabe in particular was caught between an increasingly acrimonious fight for control between the Justice Department and FBI agents pursuing the Clinton Foundation case.”

In February 2016, FBI agents presented their evidence on the foundation to senior Justice Department officials. But those officials decided not to give the investigation the legal backing to convene a grand jury, which means investigators don’t have subpoena or search warrants power. However, the investigators have continued without that power, apparently collecting much of their evidence from publicly available information.

This situation has apparently continued ever since, with the investigation continuing but hobbled due to the lack of the legal powers given by a grand jury. According to the Journal paraphrasing an unnamed official, “the [New York] FBI office [is] eager to pour more resources into [the] case and Justice Department prosecutors [don’t] think much of the case…” (The Wall Street Journal, 10/30/2016)

FBI Miami Field Office (Credit: public domain)

FBI Miami Field Office (Credit: public domain)

Also on October 30, 2016, the Daily Caller will allege there is a fifth FBI field office – the Miami, Florida office – involved in the investigation.

Additionally, later on the same day, the Clinton Foundation denies knowledge of any government investigation targeting them.

However, the Washington Post confirms the Wall Street Journal’s claims. The Post emphasizes that the investigation has been blocked by the Justice Department’s public integrity section prosecutors, who are not politically appointed. (The Washington Post, 10/30/2016)

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)

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 4, 2016: A majority of voters think Clinton acted illegally.

A photo capture from the poll indicates Clinton’s unfavorable ratings are unchanged from September to November, 2016. (Credit: McClatchy-Marist Poll)

Four days before the 2016 US presidential election, a majority of voters believe Clinton has done something illegal with her email controversy and/or Clinton Foundation, according to a McClatchy-Marist Poll. Eighty-three percent of likely voters believe she did something wrong, with 51 percent saying she did something illegal and 32 percent saying she something unethical but not illegal. Only 14 percent say she’s done nothing wrong.

Her main opponent, Republican nominee Donald Trump, has also been beset by scandals and controversies. Seventy-nine percent think Trump did something wrong. Just 26 percent think he’s done something illegal, while 53 percent think he’s done something unethical but not illegal. Only 17 percent think he’s done nothing wrong.

McClatchy Newpapers comments, “The deep suspicion of Clinton is likely a top reason she’s lost much of her lead and the race for the White House has tightened in the race’s closing days.” According to the poll, Clinton is only ahead by one point, 44 percent to 43 percent.

Both candidates are widely disliked. Clinton has an unfavorable rating of 57 percent and Trump has an unfavorable-favorable rating of 61 percent. Both numbers are unprecedented in the history of presidential polling this close to Election Day. (McClatchy Newspapers, 11/4/2016)