January 21, 2009—February 1, 2013: Evidence suggests Clinton regularly keeps her BlackBerry stored inside a secure area against regulations, but she will later deny this.

While Clinton is secretary of state, she has an office on the seventh floor of State Department headquarters, in an area often referred to as “Mahogany Row.” Her office and the surrounding area is considered a Sensitive Compartmented Information Facility (SCIF). Mobile devices such as BlackBerrys are not allowed in SCIF rooms, because they can be taken over by hackers and used to record audio and video.

But according to a September 2016 FBI report, “Interviews of three former DS [Diplomatic Security] agents revealed Clinton stored her personal BlackBerry in a desk drawer in a [Diplomatic Security] post which was located within the SCIF on Mahogany Row. State personnel were not authorized to bring their mobile devices into [the post], as it was located within the SCIF.”

A view from the 8th floor balcony at the State Department. (Credit: Thomas V. Dembski)

A view from the 8th floor balcony at the State Department. (Credit: Thomas V. Dembski)

However, according to Clinton’s deputy chief of staff Huma Abedin, Clinton would leave the SCIF to use her BlackBerry, often visiting the eighth floor balcony to do so. Former Assistant Secretary of State for Diplomatic Security Eric Boswell will later tell the FBI that he never received any complaints about Clinton using her BlackBerry inside the SCIF.

In contrast to the above evidence, in her July 2016 FBI interview, Clinton will claim that after her first month as secretary of state, she never brought her BlackBerry into the SCIF area at all, because she had been clearly told not to do that. (Federal Bureau of Investigation, 9/2/2016)

January 21, 2009—February 1, 2013: Hundreds of classified emails are sent or received by Clinton while she is outside the US, including some to or from President Obama.

Clinton boards the State Department jet with her BlackBerry, destination unknown. (Credit: Andrew Harnik / The Associated Press)

Clinton boards the State Department jet while using her BlackBerry, date and location are unknown. (Credit: Andrew Harnik / The Associated Press)

This is according to a September 2016 FBI report. The report indicates that Clinton and her immediate staff were repeatedly “notified of foreign travel risks and were warned that digital threats began immediately upon landing in a foreign country, since connection of a mobile device to a local network provides opportunities for foreign adversaries to intercept voice and email transmissions.”

Additionally, the State Department has a Mobile Communications Team responsible for establishing secure mobile voice and data communications for Clinton and her team wherever they travel. But even so, Clinton and her staff frequently use their private and unsecure mobile devices and private email accounts while overseas.

The number of Clinton emails sent or received outside the US will be redacted in the FBI report. Although it will mention that “hundreds” were classified at the “confidential” level, additional details are redacted. Nearly all mentions of “top secret” emails are redacted in the report, so it’s impossible to know if any of those are sent while Clinton is overseas.

The report will mention that some emails between Clinton and President Obama are sent while Clinton is overseas. However, the exact number will be redacted. None of these overseas emails between them will be deemed to contain classified information. According to the report, “Clinton told the FBI that she received no particular guidance as to how she should use President Obama’s email address…”

The details of the FBI’s report on Clinton’s July 2016 FBI interview will indicate that Clinton emailed Obama on July 1, 2012 from Russia. However, it is not clear if she sent the email from on the ground or on a plane. (Federal Bureau of Investigation, 9/2/2016)

February 12, 2009: An email suggests Clinton gets a new cell phone, despite her later claims that she didn’t use one.

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Clinton talks on a flip phone in Washington, DC on November 14, 2006. (Credit: Karen Bleir / Agence France Presse / Getty Images)

An email sent to or received by Clinton on this day has the subject heading: “Re: New cell.” It won’t be found in the over 30,000 Clinton emails given to the State Department in December 2014. Thus, the details are known because she will be asked about it in her July 2016 FBI interview.

According to a later FBI report, “Clinton stated she was familiar with the phone number ending in [redacted] referenced in the email. She believed the number was that of her BlackBerry because she did not recall using a flip phone during her time at State, only while in the Senate.”

However, in the FBI Clinton email investigation final report, evidence will be mentioned that Clinton actually had two phone numbers. One was for her BlackBerry, which she used just for emails, and one for her flip phone, which she used for phone calls. (Federal Bureau of Investigation, 9/2/2016)

December 23–27, 2011: An email about a specific US drone strike is forwarded to Clinton.

Frank Ruggiero (Credit: public domain)

Frank Ruggiero (Credit: public domain)

On December 23, 2011, US Ambassador to Pakistan Cameron Munter sends a short email to his bosses Frank Ruggiero, who is acting US special representative to Afghanistan and Pakistan, and Ruggiero’s deputy Daniel Feldman. The email’s subject heading is “(SBU),” which stands for “sensitive but unclassified.” The single line email will later be mostly redacted, but according to a June 2016 Wall Street Journal article, Munter indicates that a specific US drone strike is planned.

Feldman then forwards the email to Clinton aides Jake Sullivan and Cheryl Mills with the comment, “I’m sure you know already, but just in case.” There are two more emails between Feldman and Mills in the chain that day, mostly later redacted.

Then, on December 27, 2011, Mills resumes the chain with a short email to Feldman, asking, “What happened on this?”

After some more mostly redacted discussion, the full email chain is forwarded by Mills to Clinton later that day. Her response, if any, is unknown.

 Nine-year-old Nabila Rehman appears before Congress and holds a drawing depicting the drone strike that killed her grandmother. (Credit: Evan Vucci / The Associated Press)

Nabila Rehman appears before Congress and holds a drawing depicting the drone strike that killed her grandmother in 2009. (Credit: Evan Vucci / The Associated Press)

The Wall Street Journal will later cite this chain as its only specific example of emails about the US drone program said to be a “key part” of the FBI’s Clinton investigation. Apparently, many of the other emails about various drone strikes are later deemed “top secret,” so their details can’t be shared.

The Journal will claim this email chain is an example of officials having discussions about highly classified drone strikes via unsecured emails “in part because people were away from their offices for the [Christmas] holiday and didn’t have access to a classified computer, officials said.”

Munter incorrectly marks the original email “SBU,” because the Journal will later note, “Under strict US classification rules, US officials have been barred from discussing strikes publicly and even privately outside of secure communications systems.”

Many of the other emails discussing proposed drone strikes will be deemed “top secret,” the highest classification level. (The Wall Street Journal, 6/9/2016) (US Department of State, 1/7/2016)

In Clinton’s July 2016 FBI interview, she will be asked about this email chain, which reached her on December 27, 2011. “Clinton stated no policy or practice existed related to communicating around holidays, and it was often necessary to communicate in code or do the best you could to convey the information considering the email system you were using. In reference to the same email, Clinton believed if the foreign press was to obtain information from that email, it would not cause damage to the US Government.”

It is impossible to judge the validity Clinton’s comments, since so much of the entire chain remains redacted. (Federal Bureau of Investigation, 9/2/2016)

October 13, 2012: Clinton receives an email that reveals undercover CIA officers use State Department cover in Afghanistan.

Jeremy Bash (left) Leon Panetta (right) (Credits: public domain)

Jeremy Bash (left) Leon Panetta (right) (Credits: public domain)

Jeremy Bash, who is chief of staff to Defense Secretary Leon Panetta at the time, sends an email to four other US officials, including Clinton aides Jake Sullivan and Cheryl Mills. Sullivan then forwards the email to Clinton. The email has the subject heading: “This a.m. Green on Blue.” That is an idiom referring to when police attacks soldiers. The email refers to an Afghan police officer triggering a suicide vest and killing or wounding 14 Americans or Afghans, including one dead American.

The email will later be classified at the “secret” level, suggesting some important classified information in it, but its redactions make it difficult to understand. There is no indication of a reply from Clinton. (US Department of State, 1/29/2016)

In Clinton’s July 2016 FBI interview, she will be specifically asked about this email, again suggesting something unusual about it. However, her answer will also be heavily reacted. For instance, “Clinton believed she would be speculating if she were to state what [redacted] meant when he referred to [redacted].” (Federal Bureau of Investigation, 9/2/2016)

Dario Lorenzetti (public domain)

Dario Lorenzetti (public domain)

On February 4, 2016, NBC News will reveal that the email concerns undercover CIA officer Dario Lorenzetti. He died in the suicide attack described in the email. Lorenzetti’s CIA connection was leaked to the media by anonymous officials four days after his death and was widely reported in the news media, although his CIA cover was not lifted until later.

According to NBC News, in the redacted portions of the email, it seems Bash was trying “to preserve the CIA officer’s cover. But some of the language he used, now that Lorenzetti is known to have been a CIA officer, could be read as a US government acknowledgement that CIA officers pose as State Department personnel in a specific country, Afghanistan — something widely known but not formally admitted.” This is why the email is classified at the “secret” level.

Bash ends the email by instructing a CIA spokesperson to “please lash up with [redacted].” NBC News will indicate the missing word is “presumably either the spy agency or one of its employees.” (NBC News, 2/4/2016)

This may be the phrase that the FBI asked Clinton about, and to which she replied that “she would be speculating if she were to state what [redacted] meant when he referred to [redacted].” (Federal Bureau of Investigation, 9/2/2016)

NBC News will also interview Bash about this email. Bash will claim that the email “did not reference the individual’s name, employer, nor any identifying description or information.” Additionally, once the CIA posthumously lifted Lorenzetti’s cover, “the original unclassified email could be read to confirm the general use of cover, prompting the redactions we now see. But any suggestion that this email contained confirmation about the person or his cover, or any inappropriate information, is flat wrong.” (NBC News, 2/4/2016)

December 2014: Clinton finally stops using the clintonemail.com domain and server for her daily emails.

Since early 2009, Clinton and her aide Huma Abedin have had private email accounts on the clintonemail.com domain, which is hosted on Clinton’s private email server.

Chelsea Clinton and Huma Abedin chat while on the campaign trail in 2008. (Credit: Reuters)

Chelsea Clinton and Huma Abedin chat while on the campaign trail in 2008. Huma also appears to be holding two flip phones and a BlackBerry. (Credit: Reuters)

According to a September 2016 FBI report, the new domain hrcoffice.com is created in December 2014. In a later FBI interview, Abedin stated the clintonemail.com system was “going away,” and after the initiation of the new domain, she didn’t have access to her clintonemail.com account anymore. Presumably the same is true for Clinton (and the few others who had email accounts on the domain, such as Chelsea Clinton).

The FBI report will indicate the hrcoffice.com domain is hosted on different equipment, which presumably means a different server. But the clintonemail.com server will continue to run until October 2015, when it will be confiscated by the FBI.

As part of the transfer process, Platte River Networks employee Paul Combetta copies all of Clinton’s emails from her current account on the clintonemail.com server to her new acccount on the hrcoffice.com server.

In Clinton’s July 2016 FBI interview, the FBI will summarize Clinton as saying: “Clinton transitioned to an email address on the hrcoffice.com domain because she had a small number of personal staff, but no physical office or common email domain. To address these issues, she moved to a common email domain and physical office space. After this move, Clinton did not recall any further access to clintonemail.com.”

The switch comes about one month after the State Department formally asked Clinton for all of her work-related emails from her secretary of state tenure, when she used her clintonemail.com account. (Federal Bureau of Investigation, 9/2/2016)

July 2, 2016: Clinton’s FBI interview is attended by Cheryl Mills and others who have an obvious conflict of interest.

Cheryl Mills, Katherine Turner and David Kendall sit behind Clinton as she appears before the House Select Committee on Benghazi on October 22, 2015. (Credit: Getty Images)

Cheryl Mills, Katherine Turner and David Kendall sit behind Clinton as she testifies to the House Select Committee on Benghazi on October 22, 2015. (Credit: Getty Images)

When an FBI summary of Clinton’s FBI interview on this day will be released in September 2016, it will reveal that five of Clinton’s lawyers are present during her questioning: Cheryl Mills, David Kendall, Heather Samuelson, Katherine Turner, and one whose name is redacted. Three of these lawyers – Mills, Kendall, and Samuelson – also have a key role to play in the Clinton email controversy the FBI investigated, because they were the ones who sorted over 60,000 of Clinton’s emails, which led to the controversial deletion of over 31,000 of them. Both Mills and Samuelson at least were interviewed by the FBI earlier in the investigation.

Furthermore, Mills was Clinton’s chief of staff and close aide through Clinton’s tenure as secretary of state, only becoming one of Clinton’s lawyers in 2013 after Clinton became a private citizen again.

Andrew McCarthy (Credit: Gatestone Institute)

Andrew McCarthy (Credit: Gatestone Institute)

Andrew McCarthy, a former assistant US attorney for the Southern District of New York later turned journalist, will note this in a later National Review article with the title: “Hillary Clinton’s Mind-Boggling FBI Interview – What Was Cheryl Mills Doing There?”

McCarthy will comment: “Mills was an actor in the facts that were under criminal investigation by the FBI. … [I]t is simply unbelievable to find her turning up at Mrs. Clinton’s interview – participating in the capacity of a lawyer under circumstances where Clinton was being investigated over matters in which Mills participated as a non-lawyer government official.”

He will add, “[L]aw enforcement never [interview] witnesses together – the point is to learn the truth, not provide witnesses/suspects with an opportunity to keep their story straight, which undermines the search for truth.” (National Review, 9/2/2016)

July 2, 2016: The FBI finally interviews Clinton as part of its email investigation.

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The Secret Service stands on guard at the home of Hillary Clinton in Washington, DC, on July 2, 2016. (Credit: Cliff Owen / The Associated Press)

After months of speculation and after interviews with Clinton’s top aides, the FBI finally directly interviews Hillary Clinton. The interview takes place on a Saturday morning over the Fourth of July weekend, and takes place at FBI headquarters in Washington, DC. Although some news reports one day earlier correctly predicted the day it would take place, no photographers are able to take any pictures of her arriving or leaving.

The New York Times reports, “The interview had been weeks in the making as law enforcement officials and Mrs. Clinton’s team coordinated schedules. Democrats also hoped that holding the interview on a holiday weekend might ease the anticipated storm.”

The interview takes place just three weeks before Clinton is expected to be nominated for president at the Democratic convention. It lasts three and a half hours, a time some consider short after a year-long investigation. It is said to be voluntary, meaning she wasn’t subpoenaed.

Clinton is accompanied into the meeting by her personal lawyer David Kendall, her longtime aides and lawyers Cheryl Mills and Heather Samuelson, and Katherine Turner and Amy Saharia, who are lawyers from Kendall’s firm Williams & Connolly. Eight officials from the FBI and the Justice Department conduct the interview.

Little is publicly revealed about the content of the interview. However, one unnamed person who is “familiar with the substance of the session”  characterizes the meeting as “civil” and “businesslike.”

It is anticipated that the interview means the FBI’s interview is nearing a conclusion. However, the Times also reports, “Although the interview on Saturday was an important step toward closure on the email issue, technical analysis of the material remains to be done and could stretch on for an indeterminate period.” (The New York Times, 7/2/2016)

Several days later, it will be revealed that the interview was not recorded, due to FBI policy, and Clinton didn’t have to swear an oath to tell the truth. Also, FBI Director James Comey was not one of the five or six FBI officials to take part, although he had previously given indications that he would. (The Hill, 7/7/2016)

July 2, 2016: Republicans criticize Clinton after she is interviewed by the FBI.

Hours after the FBI interviews Clinton as part of their Clinton email investigation, presumptive Republican presidential nominee Donald Trump says, “It is impossible for the FBI not to recommend criminal charges against Hillary Clinton. What she did was wrong!”

The Republican National Committee (RNC) issues a statement after the interview, saying that Clinton “has just taken the unprecedented step of becoming the first major party presidential candidate to be interviewed by the FBI as part of a criminal investigation surrounding her reckless conduct.” (The New York Times, 7/2/2016)

July 2, 2016: Clinton claims she had no role whatsoever in the sorting of her emails, but her account differs from the known facts in one important detail.

In Clinton’s FBI interview on this day, she is asked about her role in sorting her emails from her tenure as secretary of state into work-related and personal emails.

An FBI report published in September 2016 will summarize her response: “In the fall of 2014, Clinton recalled receiving a letter from [the] State [Department] which was also sent to former Secretaries of State Colin Powell, Condoleezza Rice, and Madeline Albright. From the letter, Clinton understood State was concerned there were gaps in their records and requested Clinton’s assistance in filling those gaps. Clinton wanted to assist State, so she directed her legal team to assist in any way they could. Clinton expected her team to provide any work-related or arguably work-related emails to State; however, she did not participate in the development of the specific process to be used or discussions of the locations where her emails might exist. Additionally, Clinton was not consulted on specific emails as to their content being work-related or not. Clinton did not have any conversations regarding procedures if any potentially classified information was discovered during the review of her emails because she had no reason to believe classified information would be found in her email account.” (Federal Bureau of Investigation, 9/2/2016)

Clinton’s testimony differs from the known facts in one important detail. She claims that she didn’t direct her lawyers (David Kendall, Cheryl Mill, and Heather Samuelson) to begin the sorting process until she was formally asked about her email records at the same time other former secretaries of states were. That took place on October 28, 2014. The sorted work-related emails were given to the State Department on December 5, 2014, a little over one month later. However, Samuelson, the Clinton lawyer who did most of the sorting, said in her FBI interview that the sorting process took “several months.”

Furthermore, it is known that after the State Department informally asked for Clinton’s emails, Samuelson was first given some of Clinton’s emails to sort (all of those involving .gov email addresses) in late July 2014, and then was given all of Clinton’s emails to complete the sorting in late September 2014.

July 2, 2016: Clinton tells the FBI she never knew her emails got deleted.

Clinton motions as she leaves the press conference joke and asking reporter Ed Henry, who had asked the question, whether she had meant if she wiped “with a cloth”

Clinton motions as she leaves a press conference in Las Vegas, NV, on August 18, 2015, where she jokes with reporter Ed Henry about wiping her server with a cloth. (Credit: David Becker / Reuters)

In late March 2015, Paul Combetta, an employee of Platte River Networks (PRN), deleted all of Clinton’s emails from her private server and then used a computer program to permanently wipe them. Two of Clinton’s lawyers, Cheryl Mills and David Kendall, had communications with Combetta in that time period, including speaking in a conference call in which he also participated just after the deletions were done, on March 31, 2015.

However, Clinton is interviewed by the FBI on this date, and the FBI will later report that “Clinton stated she was… unaware of the March 2015 email deletions by PRN.” (Federal Bureau of Investigation, 9/2/2016)

Clinton’s claim is particularly surprising considering that in August 2015, it was reported that Clinton’s campaign had acknowledged “that there was an attempt to wipe [Clinton’s private] server before it was turned over last week to the FBI.” (NBC News, 8/19/2015) 

July 2, 2016: Clinton’s comments about the security of her classified reading rooms contradict other evidence and testimony.

SCIF rooms are made of metal before the final plaster is put on the walls. (Credit: diaa.com)

At the beginning of Clinton’s tenure as secretary of state, the State Department outfitted Clinton’s houses in Whitehaven, Washington, DC, and Chappaqua. New York, with a Sensitive Compartmented Information Facility (SCIF) so she could read highly classified documents. According to the FBI’s notes of Clinton’s July 2, 2016 FBI interview, Clinton claims, “Both SCIFs had a combination lock that only Clinton knew the combination to. … It was Clinton’s practice to lock the SCIF every time it was vacated.”

However, according to the FBI interview of Clinton aide Huma Abedin, “the SCIF door at the Whitehaven residence was not always locked, and Abedin, Hanley, and [redacted] had access to the SCIF.” Additionally, “Investigation determined the Chappaqua SCIF was not always secured, and Abedin, [Clinton aide Monica] Hanley, and [redacted] had routine access to the SCIF.”

Furthermore, the FBI will later report, “According to Abedin, [Bill Clinton aide Justin] Cooper, and [redacted], there were personally-owned desktop computers in the SCIFs in Whitehaven and Chappaqua. Conversely, Clinton stated to the FBI she did not have a computer of any kind in the SCIFs in her residences.” (Federal Bureau of Investigation, 9/2/2016)

July 2, 2016: Clinton tells the FBI she can’t recall key details 40 times in her FBI interview.

When Clinton is interviewed by the FBI for three and a half hours, she often fails to give clear answers. According to CNN, “Clinton repeatedly told the FBI she couldn’t recall key details and events related to classified information procedures…” The FBI’s summary of the interview, released in September 2016, will indicate “Clinton told investigators she either does not ‘recall’ or ‘remember’ at least 39 times — often in response to questions about process, potential training, or the content of specific emails.” (CNN, 9/2/2016)

Mediaite will list 40 times when she says she couldn’t remember or recall something. (Mediaite, 9/2/2016)

A few examples from Mediate's list of 40. (Credit: Mediate)

A few examples from Mediaite’s list of 40 times Clinton couldn’t remember or recall something. (Credit: Mediaite)

The Washington Post will similarly note, “she repeatedly told agents she could not recall important details or specific emails she was questioned about.” Some of her forgetfulness is hard to believe, such as an observation by the Post that she 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.'” Additionally, when she was shown with the (C) marking, which is commonly used by the department to indicate classified information, she didn’t recognize it. (The Washington Post, 9/2/2016)

The FBI summary will mention that “in December of 2012, Clinton suffered a concussion and then around the New Year had a blood clot. Based on her doctor’s advice, she could only work at State for a few hours a day and could not recall every briefing she received.” (Federal Bureau of Investigation, 9/2/2016)

July 3, 2016: If Clinton is elected president, she may keep Lynch as attorney general.

160703LorettaLynchSwearingInOLIVIER DOULIERYEPA

Obama looks on as Loretta Lynch is sworn in during a formal ceremony on June 17, 2015. (Credit: Oliver Douliery / European Press Agency)

The New York Times reports, “Democrats close to Mrs. Clinton say she may decide to retain Ms. [Loretta] Lynch, the nation’s first black woman to be attorney general, who took office in April 2015.” The Times says this comes from “Democrats, who spoke on the condition of anonymity to discuss confidential conversations with Mrs. Clinton and her advisers…” (The New York Times, 7/3/2016)

Lynch technically is the head of the FBI’s Clinton investigation, since she’s in charge of the Justice Department and the FBI is a part of that. She recently announced she would accept the recommendation of the FBI and top Justice lawyers in Clinton’s case, but she has not fully recused herself.

Two days later, and after FBI Director James Comey announces he will not recommend that Clinton be indicted, presumptive Republican presidential nominee will comment on the article’s revelation, saying, “I think it’s a bribe.” (The Washington Post, 7/5/2016)

July 3, 2016: A former FBI official says the relatively short time Clinton was interviewed by the FBI could mean “the case has already been made” that she should be indicted.

Former FBI assistant director, Tom Fuentes (Credit: CNN)

Former FBI assistant director, Tom Fuentes (Credit: CNN)

Former FBI assistant director Tom Fuentes is asked if anything can be surmised from the relatively short amount of time (three and a half hours) the FBI questioned Clinton. He says, “Oftentimes, the subject interview at the end of a case… may not be that important. That’s one reason why it could be short. It could be they already have all the evidence they need. It doesn’t matter, really, what she says. They have physical and documentary evidence to substantiate the case. Or they were asking her questions that may lead to additional interviews. We don’t know that. But oftentimes, a short interview with the main subject at the end of a case usually means the case has already been made and the evidence already obtained and they don’t really need other than what the subject can offer reasons or mitigation for the information the FBI already has.”

When asked if Clinton’s recent comment that she’s been waiting since August 2015 to be interviewed by the FBI is true, Fuentes says, “No. I don’t believe that’s true.”

He says that while she might have been ready to talk to them, they weren’t ready to talk to her until after they’d compiled all the other evidence. “[Then] when they were ready to talk to her in recent times, she hasn’t been as quick to be interviewed, and I’ve heard discussions about the timing of that.” (CNN, 7/3/2016)

July 7, 2016: The FBI did not record Clinton’s interview and did not make her testify under oath.

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Secret Service agents at the Washington home of Hillary Clinton on Saturday July 2, 2016. (Credit: Al Drago / The New York Times)

Speaking before a Congressional committee, FBI Director James Comey reveals that when Clinton was interviewed by FBI and Justice Department officials for over three hours on July 2, 2016, the interview was not recorded and Clinton wasn’t asked to swear an oath to tell the truth. However, Comey notes that if Clinton lied in the interview she could still be charged, because it is always a crime to lie to the FBI.

Comey also explains that it is FBI policy not to record interviews. An FBI memo from 2006 states, “Under the current policy, agents may not electronically record confessions or interviews, openly or surreptitiously,” except in rare circumstances. Civil libertarians and open government advocates have been against this policy for years.

However, the FBI did complete an FD-302, which is a federal form summarizing the interview. Republicans in the hearing immediately request that a copy of the form be given to the House oversight committee. (The Hill, 7/7/2016)

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: Trump criticizes Clinton after the release of her FBI interview summary.

Hours after the FBI’s summary of Clinton’s July 2016 FBI interview is released, Republican presidential candidate Donald Trump says: “Hillary Clinton’s answers to the FBI about her private email server defy belief. I was absolutely shocked to see that her answers to the FBI stood in direct contradiction to what she told the American people. After reading these documents, I really don’t understand how she was able to get away from prosecution.” (The Washington Post, 9/2/2016)

September 2, 2016: Clinton’s supporters and opponents react differently to the release of FBI Clinton investigation documents.

After the FBI releases the FBI’s Clinton email investigation final report and the summary of Clinton’s FBI interview, there are different political reactions.

Brian Fallon (left) Reince Preibus (right) (Credits: (CNN and NBC News)

Brian Fallon (left) Reince Priebus (right) (Credits: (CNN and NBC News)

Clinton doesn’t immediately comment after the reports are released. However, the Clinton campaign claims she is pleased the documents have been made public.Her spokesperson Brian Fallon says, “While her use of a single email account was clearly a mistake and she has taken responsibility for it, these materials make clear why the Justice Department believed there was no basis to move forward with this case.” (The Washington  Post, 9/2/2016)

By contrast, Reince Priebus, chair of the Republican National Committee (RNC), calls the documents “a devastating indictment of her judgment, honesty and basic competency.” He adds that her responses in her FBI interview “either show she is completely incompetent or blatantly lied to the FBI or the public. Either way it’s clear that, through her own actions, she has disqualified herself from the presidency.” (The New York Times, 9/2/2016)

September 9, 2016: A former Justice Department official criticizes how the FBI permitted legally questionable behavior by Cheryl Mills during its Clinton email investigation.

Cheryl Mills was Clinton’s chief of staff while Clinton was secretary of state, then she was hired to be one of Clinton’s lawyers in 2013, setting up a potential conflict of interest between her different roles. In April 2016, she was interviewed by the FBI, but refused to answer certain questions, claiming attorney-client privilege.

RonaldSievert (Credit: public domain)

Ronald J. Sievert (Credit: public domain)

Ronald J. Sievert, a former assistant director at the Justice Department and member of the department’s National Security Working Group, said the FBI easily could have gone to court to challenge Mills’ privilege claim. But that didn’t happen.

Mills also was allowed to attend Clinton’s July 2016 FBI interview as one of Clinton’s lawyers, even though she directly participated in many of the matters being discussed by Clinton when Mills was in her chief of staff role.

Sievert comments, “There seems universal agreement among those of us who know the law that no regular US government employee could get away with this.” (The New York Post, 9/9/2016)

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 15, 2016: A former Justice Department official claims the FBI wasn’t serious about its Clinton email investigation.

A Wall Street Journal editorial entitled “The FBI’s Blind Clinton Trust” elicits a September 15, 2016 letter to the editor response from Richard W. Beckler, former Chief of the Criminal Fraud Section of the U.S. Department of Justice.

Richard Beckler (Credit: Bracewell Law)

Richard Beckler (Credit: Bracewell Law)

Beckler writes, “Decisions to prosecute are made by the Justice Department. It is absolutely not the job of the FBI to make prosecutorial decisions. FBI Director James Comey didn’t bother to attend Hillary Clinton’s interview, though he was acting as the ostensible decision maker in the case. One would think he would want to test the witness’s credibility in person. This was clearly no ordinary case and demanded his close attention.”

Furthermore, despite what Comey says, “the FBI doesn’t need to get a referral from Congress to investigate [Clinton’s] false statements to Congress.” He claims, “the FBI’s 302 reports (handwritten notes by FBI agents during investigations) recorded by the FBI should have been turned over to Congress immediately and in their entirety.”

Beckler continues, “Contrary to the [Justice Department]’s normal policy of announcing names of the prosecution team, Mr. Comey hasn’t told anyone who the ‘career’ [Justice Department] attorneys were who supervised the FBI investigation. They have never been named.”

He concludes, “After this long drawn-out FBI inquiry, why did Mr. Comey rush to make his determination and recommendation barely three days after the actual interview took place?” (Wall Street Journal, 09/15/16)

 

October 12, 2016: An unnamed high-ranking FBI official claims that the “vast majority” of agents working on the FBI’s Clinton email investigation believe Clinton should have been indicted.

The “high-ranking FBI official” speaks to Fox News on the condition of anonymity, but the person’s “identity and role in the case has been verified by FoxNews.com.” According to this source, “No trial level attorney agreed, no agent working the case agreed, with the decision not to prosecute” anyone in the investigation at all, but “it was a top-down decision” by FBI Director James Comey.

The source says that when it came to Clinton specifically, “It is safe to say the vast majority felt she should be prosecuted. We were floored while listening to the FBI briefing [on July 5, 2016] because Comey laid it all out, and then said ‘but we are doing nothing,’ which made no sense to us.” And while it might not have been a totally unanimous decision to recommend Clinton’s indictment, “It was unanimous that we all wanted her [Clinton’s] security clearance yanked.” However, even that never happened, despite it being standard procedure in similar cases.

The source adds that FBI agents were particularly upset that Comey unilaterally made the decision not to indict when the FBI’s role is merely to present an investigative report to the Justice Department. “Basically, James Comey hijacked the [Justice Department]’s role by saying ‘no reasonable prosecutor would bring this case.’ The FBI does not decide who to prosecute and when, that is the sole province of a prosecutor. … I know zero prosecutors in the [Justice Department]’s National Security Division who would not have taken the case to a grand jury. One was never even convened.” Without a grand jury, FBI agents were not allowed to issue subpoenas or search warrants and could only request evidence and interviews.

The source also complains that the FBI required its agents and analysts involved in the investigation to sign non-disclosure agreements. “This is unheard of, because of the stifling nature it has on the investigative process.”

Furthermore, immunity deals were made with five key figures in the investigation: Cheryl Mills, Bryan Pagliano, Paul Combetta, John Bentel, and Heather Samuelson. The source says none of them should have been granted immunity if no charges were being brought. “[Immunity] is issued because you know someone possesses evidence you need to charge the target, and you almost always know what it is they possess. That’s why you give immunity. … Mills and Samuelson receiving immunity with the agreement their laptops would be destroyed by the FBI afterwards is, in itself, illegal. We know those laptops contained classified information. That’s also illegal, and they got a pass.”

Additionally, “Mills was allowed to sit in on the interview of Clinton as her lawyer. That’s absurd. Someone who is supposedly cooperating against the target of an investigation [being] permitted to sit by the target as counsel violates any semblance of ethical responsibility.”

The source also comments, “Every agent and attorney I have spoken to is embarrassed and has lost total respect for James Comey and [Attorney General] Loretta Lynch. The bar for [the Justice Department] is whether the evidence supports a case for charges — it did here. It should have been taken to the grand jury.”

Finally, the source claims that many in the FBI and the Justice Department believe Comey and Lynch were motivated by ambition instead of justice. “Loretta Lynch simply wants to stay on as attorney general under Clinton, so there is no way she would indict. James Comey thought his position [heavily criticizing Clinton even as he decides against indicting her] gave himself cover to remain on as director regardless of who wins.”

Andrew Napolitano (Credit: Fox News)

Andrew Napolitano (Credit: Fox News)

Andrew Napolitano, a former judge and judicial analyst for Fox News, also claims to know of many law enforcement agents involved with the Clinton email investigation who have similar beliefs. He says, “It is well known that the FBI agents on the ground, the human beings who did the investigative work, had built an extremely strong case against Hillary Clinton and were furious when the case did not move forward. They believe the decision not to prosecute came from the White House.” (Fox News, 10/12/2016)

The next day, Malia Zimmerman, a co-writer of the article, is questioned on Fox News television. She claims that she has been speaking to other disgruntled FBI agents as well. “They’re saying that the morale is very low and that a lot of them are looking for other jobs. They’re very disappointed. They feel like the agency has been polluted… and they’re embarrassed. They feel like they’ve been betrayed.”

She adds that some of her sources might be willing to speak on the record if they retire or change jobs, which some of them are in the process of doing. But they are currently worried about retaliation. “There are a lot of disgruntled agents, analysts, and [Justice Department] attorneys as well.” These people feel Clinton could have been charged for various reasons, but her 22 “top secret” emails made the most compelling case. (Fox News, 10/13/2016)