February 29, 2016: Final totals show over 2,000 of Clinton’s emails contained classified information.

The last batch of Clinton’s private emails are publicly released. Out of the 30,490 emails, 22 are deemed “top secret,” which is the highest level of classification. 65 are deemed “secret,” the middle level. 2,028 are “confidential,” the lowest level. That means that 2,115 emails, or seven percent of the total, have some classified ranking. 104 of the classified emails were sent by Clinton herself.

It has been reported that Clinton gave the State Department 30,490 emails, and 30,068 of these were ultimately released. Of the remaining 422 emails, 19 are emails between Clinton and President Obama that have not been released, and one more email withheld because it is part of a continuing investigation. It is not known why the remaining 402 have not been released. (The New York Times, 2/29/2016

However, it has been reported that some emails were returned to Clinton after a determination they were not work-related, so that could explain the discrepancy. (Politico, 9/4/2015)

September 15, 2016: More information about the emails between Clinton and Obama is made public.

Hillary Clinton and Barack Obama (Credit: public domain)

Hillary Clinton and Barack Obama (Credit: public domain)

While Clinton was secretary of state, she exchanged 18 emails with President Obama from her private email account. All information about these emails has remained classified. But some details are finally released due to a Freedom of Information Act (FOIA) lawsuit by Vice News.

All of the emails were exchanged between May 18, 2012 and January 31, 2013. Obama sent eight emails to Clinton, and the other ten were from Clinton to Obama. None of the emails appear to contain highly sensitive or classified information, but instead are thank you notes, holiday greetings, and the like.

All of the emails were withheld under presidential privilege and privacy act and deliberative process exemptions to the FOIA. The new details are formally submitted in  what is called a Vaughn Index, a document prepared for FOIA lawsuits in which government departments justify the withholding of information. (Vice News, 09/15/16) (Vicc News, 09/15/16)

In February 2016, it was reported there were 19 emails between Clinton and Obama, not 18. It is unclear if the Vaughn Index is missing one or if the report of 19 emails was off by one.

 

October 30, 2016: Former Attorney General Mukasey claims Comey is in a no-win situation due to his earlier failure to pursue a vigorous Clinton email investigation.

Michael Mukasey (Credit: The Associated Press)

Michael Mukasey (Credit: The Associated Press)

Michael Mukasey, the US attorney general from 2007 to 2009, writes an editorial in the Wall Street Journal with the title: “The FBI Director’s Dishonorable Choice.”

He suggests that FBI Director James Comey’s recent highly controversial reopening of the FBI’s Clinton email investigation shortly before the 2016 US presidential election is due to earlier mistakes Comey made in the investigation.

“Recall that Mr. Comey’s authority extends only to supervising the gathering of facts to be presented to Justice Department lawyers for their confidential determination of whether those facts justify a federal prosecution. Nonetheless, in July [2016] he announced that ‘no reasonable prosecutor’ would seek to charge her with a crime, although Mrs. Clinton had classified information on a private non-secure server—at least a misdemeanor under one statute; and although she was ‘extremely careless’ in her handling of classified information such that it was exposed to hacking by hostile foreign nations—a felony under another statute; and apparently had caused the destruction of emails—a felony under two other statutes.”

He continues, “Those decisions were not his to make, nor were the reasons he offered for making them at all tenable: that prosecutions for anything but mishandling large amounts of classified information, accompanied by false statements to investigators, were unprecedented; and that criminal prosecutions for gross negligence were constitutionally suspect.”

He also points to immunity deals made with key suspects that even included destroying their computers after limited searches, and a failure to get to the bottom of computer technician Paul Combetta’s destruction of Clinton’s emails in March 2015, supposedly done entirely on his own for no clear motive. “Why would an FBI director, who at one time was an able and aggressive prosecutor, agree to such terms or accept such a fantastic story?”

He also claims that emails between President Obama and Clinton on her private server suggested that “if Mrs. Clinton was at criminal risk for communicating on her non-secure system, so was [Obama].” The FBI needs the cooperation of a grand jury, and only the legal authority of a grand jury would give the FBI subpoena power to conduct a real investigation. If Attorney General Loretta Lynch refused to allow a grand jury, Comey “could have gone public with his request, and threatened to resign if it was not followed. … Instead, Mr. Comey acceded to the apparent wish of President Obama that no charges be brought.”

That lack of courage put Comey in his no-win situation when more evidence happened to come to light shortly before Election Day. (The Wall Street Journal, 10/30/2016)