June 20, 2016: The RNC files a motion in a civil suit demanding that the State Department speed the release of emails from three former top Clinton aides.

Under Secretary of Management Patrick Kennedy testifies before the House Benghazi Committee on October 12, 2012. (Credit: Getty Images)

Under Secretary of Management Patrick Kennedy testifies before the House Benghazi Committee on October 12, 2012. (Credit: Getty Images)

Two weeks earlier, the department claimed it could take 75 years to process the FOIA [Freedom of Information Act] request by the RNC [Republican National Committee]. The RNC is asking for more emails from Under Secretary of Management Patrick Kennedy, Clinton’s former chief of staff Cheryl Mills, and Clinton’s former computer technician Bryan Pagliano. They have dropped a request for emails from former Clinton aide Jake Sullivan, due to the department’s claim of being overwhelmed.

The RNC criticizes the department’s “tortoise-like” response, and claims it is using “stall tactics” and misleading legal tricks in order to delay the release until after the November 2016 presidential election. It lambasts the department’s claim that it can process only 500 pages of emails a month, noting that would set a historical record for the slowest department response time to FOIA requests.

It is probable that the emails would contain previously unknown emails to and from Clinton, since recently released emails from former Clinton aide Huma Abedin have done so. (The Hill, 6/21/2016)

June 21, 2016: A judge puts a Clinton email lawsuit on hold while waiting on other cases.

Harold Koh (Credit: Jay Premack)

Harold Koh (Credit: Jay Premack)

In a civil lawsuit, Judicial Watch is trying to find out why two State Department officials didn’t search Clinton’s private email address in response to a FOIA [Freedom of Information Act] request filed in December 2012. Judicial Watch claims the two officials—Legal Advisor Harold Koh and Under Secretary for Management Patrick Kennedy—knew of the FOIA request and knew of Clinton’s email address, since both of them emailed Clinton sometimes. (Koh joined the department in mid-2013, a few months after Clinton left, but the FOIA request was still in process.)

Judicial Watch wants to be granted discovery, which means they would be able to depose the officials to question them under oath. However, US District Court Judge Reggie Walton puts the decision on hold because there are two other similar suits going on, including one in which Kennedy is due to be deposed by Judicial Watch at the end of June 2016.

Furthermore, Walton also notes a federal appeals court is currently considering a lawsuit unrelated to Clinton that tests the government’s obligation to search a private email account maintained by a department head in response to a FOIA request. (Politico, 6/21/2016) (Politico, 6/17/2016)

June 22, 2016: Clinton’s former computer technician Bryan Pagliano repeatedly pleads the Fifth in a sworn deposition.

Pagliano has been forcibly deposed by Judicial Watch in a civil suit presided by US District Court Judge Emmet Sullivan. He originally was supposed to be deposed on June 6, 2016, but it was delayed after he revealed he planned to invoke his Fifth Amendment constitutional right against self-incrimination, as well as arguments over the implications of his limited immunity given as part of a deal he made to cooperate with the FBI’s Clinton investigation.

As expected, he pleads the Fifth, doing so more than 125 times, according to Judicial Watch president Tom Fitton. Fitton also says, “On many of the key issues, he took the Fifth. He took the Fifth even on questions about his resume.”

In addition, Pagliano’s lawyers reportedly object to many questions, saying they go beyond the scope of discovery permitted by Sullivan. Fitton says he hopes Sullivan will see Pagliano’s failure to answer any substantive questions as further evidence that Clinton’s private email server set up by Pagliano may have been designed to evade Freedom of Information Act (FOIA) requests. (Politico, 6/22/2016)

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: Clinton’s top aide Huma Abedin is deposed in a civil suit; she says Clinton didn’t want her personal emails accessible by anybody.

Photo of an ABC News report on Huma Abedin's deposition on June 29, 2016. (Credit: ABC News).

An ABC News report on Huma Abedin’s deposition on June 29, 2016. (Credit: ABC News)

Abedin was Clinton’s deputy chief of staff, and continues to play a major role as the vice chair of Clinton’s presidential campaign. She is deposed under oath for nearly six hours as part of a civil suit brought by Judicial Watch regarding the State Department’s slow response to certain Freedom of Information Act (FOIA) requests relating to Clinton’s emails. (The Washington Post, 6/29/2016)

Amongst other things, Abedin says:

  • She isn’t aware whether Clinton personally deleted any emails while still in office.
  • She cannot recall whether she or Clinton discussed with any State Department officials Clinton’s using only her own server for government business.
  • She never searched or was asked to search her government or her private email accounts in response to requests or lawsuits under FOIA. But a review of all requests to the State Department during that time found several asking specifically for her emails on a number of subjects.
  • Clinton didn’t want the private emails that she mixed in with work-related emails to be accessible to “anybody.” (The Associated Press, 6/29/2016)

Abedin responds to some questions but is forgetful about others. The lack of definitive answers from her and the other former aides deposed in the same lawsuit could open the door to Clinton herself being deposed, if the judge allows it through the unusual discovery process he has approved so far.

Judicial Watch President Tom Fitton comments, “I think it’s striking that even Mrs. Clinton’s top aide had concerns about how the system affected Mrs. Clinton’s ability to do her job. We’re considering what next steps to take and what additional discovery we need.” (The Washington Post, 6/29/2016)

 

June 28, 2016: A federal judge accuses the State Department of running out the clock on a FOIA lawsuit to politically protect Clinton.

US District Judge Richard Leon (Credit: public domain)

US District Judge Richard Leon (Credit: public domain)

In 2010, military contractor BAE Systems pled guilty to violating US arms export control laws and regulations, and paid a $400 million fine to the US government. Then in 2011, it settled a civil suit on the same issue, paying an additional $69 million fine, but maintaining the right to receive US government contracts and export licenses. In August 2013, the Associated Press filed a Freedom of Information Act (FOIA) request to learn more about what many call a “sweetheart deal,” and Clinton’s possible role in it as secretary of state. In March 2015, that turned into a FOIA lawsuit after the State Department only turned over three documents out of 13,000 pages responsive to the request.

On June 28, 2016, US District Court Judge Richard Leon says that the department’s recent assertion that it will take until mid-October 2016 to hand over the document is a non-starter due to the proximity to the November 8, 2016 general election. He says: “This case has been dragging on for a long time […] We’re now reaching a point of mounting frustration that this is a project where State is running out the clock. There’s no way I’m ever going to grant you an extension to mid-October because that would effectively run out the clock.” Leon wants to not only get the documents released before the election, but also to have them released by early September 2016 so there is time to litigate whether the department’s redactions are legally justified. He openly threatens penalties on the State Department and other departments if they don’t speed up working together to release the documents. (Politico, 6/28/2016)

 

June 29, 2016: At least 160 of Clinton’s work emails have turned up since Clinton said she turned them all over.

The Washington Post reports that “disclosures over the past several weeks have revealed dozens of emails related to Clinton’s official duties that crossed her private server and were not included in the 55,000 pages of correspondence she turned over to the State Department when the agency sought her emails in 2014.”

At least 127 of the new emails have come to light through Freedom of Information Act (FOIA) requests initiated by Judicial Watch, especially the first two batch releases of Huma Abedin’s emails. Since Abedin was Clinton’s deputy chief of staff, many of the emails were to or from Clinton about obvious work matters, yet weren’t included in the over 30,000 emails turned over by Clinton. Additionally, more of Clinton’s emails came to light through the May 2016 State Department inspector general’s report, as well as previous leaks to the media, for a total of at least 160 emails.

The Post comments, “The newly disclosed gaps in Clinton’s correspondence raise questions about the process used by the presumptive Democratic presidential nominee and her lawyers to determine which emails she turned over to the department.”

Clinton spokesperson Brian Fallon says that both Clinton and Abedin provided “all potentially work-related emails in their possession” to the State Department. “We understand Secretary Clinton had some emails with Huma that Huma did not have, and Huma had some emails with Secretary Clinton that Secretary Clinton did not have.” However, the Post notes that Fallon “has not provided a full explanation for all of the gaps” with her emails. The State Department also has not fully addressed the gaps.

The campaign for presumptive Republican presidential nominee Donald Trump releases a statement saying, “We now know that Clinton’s repeated assertion that she turned over everything work-related from her time at the State Department is not true.”

Judicial Watch president Tom Fitton says, “The most charitable interpretation is that the process she and her attorneys used to cull government emails from the emails she took with her didn’t work. The less charitable interpretation is that these emails were not helpful to Mrs. Clinton, so they were not turned over.” (The Washington Post, 6/29/2016)

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 5, 2016: A US Court of Appeals rules that work-related emails stored privately are still subject to Freedom of Information Act (FOIA) requests.

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Dr. John Holdren (Credit: public domain)

One of the judges, David Sentelle, writes, “It would make as much sense to say that the department head could deprive requestors of hard-copy documents by leaving them in a file at his daughter’s house and then claiming that they are under her control.”

The case involves the private email account of Dr. John Holdren, an official working for the Office of Science and Technology Policy, a branch of the White House. It overturns a March 2015 lower court ruling that said his privately stored emails were not subject to FOIA searches.

While the case doesn’t directly involve Clinton, it has obvious implications for her since the issue of Clinton storing her emails on her private server is so similar. For instance, in June 2016, a federal judge put a FOIA lawsuit related to Clinton’s privately held emails on hold, saying it would be “wise” to wait for this court’s ruling before proceeding with the suit. (The Washington Post, 7/6/2016) (The Associated Press, 7/5/2016)

July 8, 2016: Judicial Watch asks to depose Clinton and two others in a civil suit.

Clarence Finney (Credit: CSpan)

Clarence Finney (Credit: CSpan)

Judicial Watch files a motion to depose Clinton as part a Freedom of Information Act (FOIA) lawsuit relating to Clinton’s emails. US District Court Judge Emmett Sullivan ordered six of Clinton’s former aides to be deposed, and left open the possibility that Clinton could be deposed later, depending on the answers given by the aides.  All six finished their depositions by the end of June 2016.

Judicial Watch argues it has “attempted to obtain as much evidence as possible from other State Department officials, but Secretary Clinton is an indispensable witness and significant questions remain, including why records management officials apparently had no knowledge of [her email] system when so many other officials used the system to communicate with her. Consequently, Secretary Clinton’s deposition is necessary.”

Additionally, Judicial Watch is asking to depose two other former Clinton aides who had knowledge of Clinton’s private server, John Bentel and Clarence Finney. They also want to depose Clinton in a similar lawsuit presided by Judge Royce Lamberth.

Sullivan announces that the motion will be argued on July 18, 2016. (LawNewz, 7/8/2016)

July 18, 2016: Clinton’s lawyer insists Clinton’s use of a private server was allowed by policy, despite clear evidence it wasn’t.

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Judge Emmet Sullivan (Credit: Diego M. Radzinschi / National Law Journal

Clinton’s longtime personal lawyer David Kendall appears in court regarding Clinton’s email controversy for the first time since the issue became public in March 2015. He is opposing a request to have Clinton deposed in a Freedom of Information Act (FOIA) lawsuit initiated by Judicial Watch.

The judge in the case, Emmet Sullivan, has said publicly that Clinton violated government policy by doing official business on the private server. The State Department’s inspector general, Steve Linick, also concluded the same in a May 2016 report. Kendall nonetheless maintains that Clinton’s behavior “was clearly permitted and allowed” by policy. However, he admits that her server was never specifically approved by anyone at the State Department. He also argues that the reason Clinton set up and used a private email server for all her emails was “a matter of convenience.”

Sullivan doesn’t immediately decide whether Clinton should be deposed or not. However, Judicial Watch has also asked for the depositions of former State Department officials Clarence Finney and John Bentel, and Sullivan does definitively state that at least Bentel “should be deposed.” (Politico, 07/18/2016)

July 21, 2016: The FBI begins sending thousands of recovered Clinton emails to the State Department.

According to Justice Department lawyers in a new court filing, on July 21, 2016, “the FBI began transferring the retrieved materials to the State Department, and will continue to transfer the retrieved materials to the State Department on a rolling basis.”

In late 2014, Clinton and her lawyers kept about 30,000 emails they deemed work related and deleted another 32,000 they deemed personal. The exact number of deleted emails that the FBI managed to recover or find from other sources has not been specified.

Some emails from Clinton aide Huma Abedin were also found, since one of her email accounts was stored on the same clintonemail.com private server as Clinton’s emails, but the number of recovered Abedin emails is unknown.

160721JasonLeopoldViceNews

Photo captured from video of Jason Leopold’s immediate response to the results of his Clinton Freedom of Information Act (FOIA) lawsuit. (Credit: Vice News)

The lawyers say they can’t estimate how long the transfer process will take. Once the State Department has the emails, those judged by the department to be work related will be made responsive to Freedom of Information Act (FOIA) requests. Those deemed genuinely personal may never be made public. (Politico, 7/22/2016)

Vice News reporter Jason Leopold has an existing FOIA lawsuit demanding the release of all of Clinton’s work-related emails. (The Wall Street Journal, 7/6/2016) (Jason Leopold, Video 7/23/16)

July 22, 2016: More details of Clinton’s twenty-two “top secret” emails are revealed; nine were written by Clinton and most of the rest were written by her aide Jake Sullivan.

As part of a Freedom of Information Act (FOIA) lawsuit by Vice News reporter Jason Leopold, the State Department reveals more information about seven chains of 22 “top secret” emails involving Clinton. (Curiously, FBI Director James Comey mentioned on July 5, 2016 that there actually were eight “top secret” email chains, but the eighth chain is not mentioned by the department.)

The contents of the emails remain totally classified, but previous media reports indicate that most of them discussed approval for covert CIA drone strikes in Pakistan, and some of them may have identified CIA operatives working undercover.

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A sample of the Vaughn Index form submitted by the State Department, in response to the Vice News Freedom of Information Act (FOIA) lawsuit. (Credit: public domain)

For the first time, the department reveals which years the emails were sent and who sent and received them. All the emails were from 2011 or 2012 – the State Department began to have a say in approving CIA drone strikes in 2011. Nine of the emails were written by Clinton, and the other thirteen were written by her aide Jake Sullivan. Two were also cc’d by Sullivan to her chief of staff Cheryl Mills and/or Deputy Secretary of State William Burns.

The State Department disclosure comes in the form of a “Vaughn Index,” which is a document used by government departments in FOIA lawsuits to justify the withholding of information under various FOIA exemptions. Vaughn Indexes contain at least some information about the withheld text, to justify keeping it redacted, but this one does not. Steven Aftergood, the director of the Project on Government Secrecy at the Federation of American Scientists, says that according to government regulations, “State’s document does not fulfill the requirements for a Vaughn index.” (Vice News, 7/22/2016) (The Hill, 7/22/2016)

August 10, 2016: Cheryl Mills answers additional questions she failed to answer in her deposition.

Cheryl Mills, Clinton’s former chief of staff at the State Department, was deposed in May 2016 as part of a Freedom of Information Act (FOIA) lawsuit by Judicial Watch. At that time, she refused to answer some questions, citing attorney-client privilege. Judge Emmet Sullivan worked out a compromise to have Mills answer some questions in writing to prevent further litigation, and Mills’ written answers are made public by Judicial Watch on this day.

This written testimony shows that shortly after the hacker known as Guccifer broke into the email account of Clinton confidant Sid Blumenthal and publicy revealed Clinton’s private email address in March 2013, Mills was worried about the potential impact this coud have on Clinton’s private email server. Mills discussed this with Clinton’s computer techician Bryan Pagliano. Clinton’s email address was changed, but it is still unknown if any other security measures were taken. (Politico, 8/10/2016)

August 12, 2016: The State Department will release all of Clinton’s work-related emails recovered by the FBI.

In late 2014, Clinton sorted her emails into what she and her lawyers deemed work-related and personal, and then deleted over 31,000 of the “personal” emails. In the FBI investigation into her emails that concluded in July 2016, it was reported that “several thousand” of the personal emails were recovered or found through other people having copies, and many of these actually were work-related.

In a court filing, the State Department reveals that it is planning to release all of the emails it decides are work-related. The emails will be given to Judicial Watch, who have a number of on-going Freedom of Information Act (FOIA) lawsuits related to Clinton’s emails. However, it is unknown just how many emails were recovered and how many of those are work-related. It also is unknown how soon they will be released. Republican National Committee (RNC) chair Reince Priebus urges the department to release the emails before the November 2016 presidential election. (The Hill, 8/16/2016)

August 19, 2016: A judge rules that Clinton can respond to a deposition with written answers instead of being questioned in person.

Judge Emmet Sullivan, District Court for the District of Columbia, (Credit: Diego M. Radzinschi / The National Law Journal)

Judge Emmet Sullivan, District Court for the District of Columbia, (Credit: Diego M. Radzinschi / The National Law Journal)

Judicial Watch has been seeking to have Clinton deposed as part of a Freedom of Information Act (FOIA) lawsuit involving her emails. However, US District Court Judge Emmet Sullivan rules: “Judicial Watch’s argument that a deposition is preferable in this case because of the ability to ask follow-up questions is not persuasive. Given the extensive public record related to the clintonemail.com system, a record which Judicial Watch has acknowledged

Judicial Watch will be able to anticipate many follow-up questions. For those follow-up questions that Judicial Watch is unable to anticipate, it can move this Court for permission to serve additional interrogatories.”

Sullivan notes that due to legal precedents applicable to current and former Cabinet officials, he should only require Clinton to appear at a deposition if “exceptional circumstances” justify it.

Sullivan says he is still intent on finding out why Clinton’s private server was set up and whether there were other reasons beyond Clinton’s public claim of “convenience.” He also says it is important that she at least answer questions in writing about this because depositions of Clinton’s staff had shown that “her closest aides at the State Department do not have personal knowledge of her purpose in using the [server].”

Politico notes, “Technically, it is still possible one of several other judges considering similar cases could issue such an order [for Clinton to be deposed in person], but the clock may run out soon on efforts to force such an appearance in advance of the November [presidential] election.”

Judicial Watch also asked for the depositions of former State Department officials Clarence Finney and John Bentel.

Sullivan rejects the deposition of Finney, despite the fact that Finney’s job was to organize responses to FOIA requests. However, he does order the future deposition of Bentel. It has been reported that Bentel blocked other department employees from raising questions about Clinton’s use of her server. (Politico, 8/19/2016)

August 22, 2016: The State Department is ordered to review nearly 15,000 Clinton emails for public release, but it is unclear how many of these are previously unreleased work-related emails.

During the FBI’s Clinton email investigation, the FBI found some of Clinton’s over 31,000 deleted emails from when she was secretary of state. At the conclusion of the investigation in July 2016, FBI Director James Comey said the FBI “discovered several thousand work-related emails,” but is it uncertain exactly how many of these emails were found, either work-related or personal. The FBI has given the State Department a CD containing the found emails, and the department has said it will publicly release all the work-related ones.

160822JamesBoasbergDiegoMRadzinschiNationalLawJournal

US District Judge James Boasberg (Credit: Diego M. Radzinschi / National Law Review)

In a court hearing presided by US District Judge James Boasberg on this day, it is revealed that the CD contains around 14,900 emails. Boasberg orders the State Department to review the emails for public release in response to various Freedom of Information Act (FOIA) lawsuits by Judicial Watch. However, it is still unclear if any of these are duplicates of the 30,000 Clinton emails already publicly released. Furthermore, it is unknown how many of the found deleted emails are personal and how many are work-related (aside from Comey’s vague “several thousand” emails comment).

In addtion, the FBI has given the State Department seven other CDs: one contains classified documents related to Clinton, another contains emails returned by Clinton, and the other five contain materials from other people that was retrieved by the FBI.

State Department spokesperson Mark Toner says, “We can confirm that the FBI material includes tens of thousands of non-record (meaning personal) and record materials that will have to be carefully appraised at State. State has not yet had the opportunity to complete a review of the documents to determine whether they are agency records or if they are duplicative of documents State has already produced through the Freedom of Information Act.”

Regarding the CD of Clinton emails, Toner says, “We still don’t have a full sense of how many of the 14,900 are new. Granted, that’s a healthy number there, so there’s likely to be quite a few.”

Republican National Committee (RNC) chair Reince Priebus comments, “The process for reviewing these emails needs to be expedited, public disclosure should begin before early voting starts, and the emails in question should be released in full before Election Day.” (Politico, 8/22/2016) (The Washington Post, 8/22/2016)

On September 23, 2016, it will be revealed that 5,600 of the 14,900 recovered emails are deemed work-related.

September 9, 2016: A Congressperson serves the FBI a subpoena for all the unredacted interviews from the FBI’s Clinton investigation.

Jason Herring (Credit: CSpan)

Jason Herring (Credit: CSpan)

FBI acting legislative affairs officer Jason Herring testifies before the House Oversight and Government Reform Committee.

He is asked by Representative Jason Chaffetz (R), chair of the committee, to promise to hand over all of the FBI interview summaries, known as 302s, in unredacted form.

Herring says he can’t do that, and suggests that Chaffetz should file a Freedom of Information Act (FOIA) request, just like any private citizen can.

Committee member Representative Trey Gowdy (R) later complains, “Since when did Congress have to go through FOIA to obtain 302s?”

Chaffetz serves the FBI a subpoena during a House Oversight and Government Affairs Committee hearing on September 9, 2016. (Credit: ABC News)

Chaffetz serves the FBI a subpoena during a House Oversight and Government Affairs Committee hearing on September 9, 2016. (Credit: ABC News)

Chaffetz replies to Henning, “You don’t get to decide what I get to see. I get to see it all.” Then he brings out a subpoena. He sends it to the witness table where Henning is sitting, and says, “I’ve signed this subpoena. We want all the 302s… and you are hereby served.”

In fact, Chaffetz’s committee has some of the 302s already, but all “personally identifiable information” has been redacted from them. The committee wants to know more about the role of Paul Combetta in deleting and the wiping all of Clinton’s emails from her personal server, but since Combetta is a Platte River Networks (PRN) employee and not a government employee, much information about what he did has been redacted.

Representative Carolyn Maloney (Credit: Andrew Burton / Getty Images)

Representative Carolyn Maloney (Credit: Andrew Burton / Getty Images)

Representative Carolyn Maloney (D), a member of the committee, claims the obstacle to Chaffetz seeing the redactions actually is the House Intelligence Committee, not the FBI. Chaffetz has asked House Intelligence chair Representative Devin Nunes (R) for access to the unredacted versions, but no vote on that request has been taken or scheduled yet.

However, Senator Charles Grassley (R), chair of the Senate Judiciary Committee, also complains about how the FBI is not letting his committee see unredacted documents from the investigation. “The FBI is trying to have it both ways. At the same time it talks about unprecedented transparency, it’s placing unprecedented hurdles in the way of Congressional oversight of unclassified law enforcement matters. It turned over documents, but with strings attached. … The Senate should not allow its controls on classified material to be manipulated to hide embarrassing material from public scrutiny, even when that material is unclassified.” (Politico, 9/12/2016)

Two other Congressional committees formally asked the Justice Department on September 9, 2016 for the full FBI interviews of Combetta and other PRN employees. (US Congress, 9/9/2016)

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.

 

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

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

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

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

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

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

 

September 23, 2016: The FBI has recovered 5,600 of Clinton’s deleted emails, but only about 10 percent of those will be released before the presidential election.

US District Judge James Boasberg (Credit: public domain)

US District Judge James Boasberg (Credit: public domain)

US District Judge James Boasberg orders the State Department to finish publicly releasing about 1,000 pages of  Clinton’s emails recovered by the FBI by November 4, 2016, just four days before the US presidential election. When Clinton turned over 55,000 pages of emails in December 2014, that totaled 30,000 emails, so if the same ratio holds, that would mean between 500 and 600 emails. Due to an on-going Freedom of Information Act (FOIA) lawsuit by Judicial Watch, the State Department will release 350 pages of emails by October 7, 350 pages by October 21, and another 350 by November 4. After that, it will produce 500 pages a month.

In late July 2016, the FBI gave the State Department 15,000 emails that had been recovered by the FBI out of Clinton’s 31,000 deleted. For the first time, it  is revealed that about 9,400 of these have been deemed purely personal by the department, which means they will not ever be publicly released. That means there are about 5,600 work-related emails to be reviewed and released. But roughly half of those may be largely duplicates of emails that have already been released. For instance, Clinton was often send emails to aides she wanted printed out for later reading, and would merely comment “Please print,” or she would forward an email to an aide without comment.

It is estimated only about 10 percent of the Clinton work-related emails recovered by the FBI will be made public before the election. Tom Fitton, president of Judicial Watch, complains, “The public deserves to know what is in those emails, well before November 8, and the State Department should not continue dragging its feet on producing them.” (The New York Times, 9/23/2016)

November 1, 2016: The FBI never asked Clinton’s aides for all their computers and mobile devices.

Politico reports that the FBI never asked Clinton’s top aides for their computers and mobile devices as part of the FBI’s Clinton email investigation. An unnamed source familiar with the investigation says, “No one was asked for devices by the FBI.”

Because the investigation didn’t have subpoena power, it could only ask for people to cooperate, or make immunity deals with them. The FBI did make an effort to get Clinton’s computers and mobile devices, and made immunity deals with Clinton lawyers Cheryl Mills and Heather Samuelson to get their computer laptops, but FBI requests didn’t go much beyond that.

Bob Goodlatte (Credit: Bill O'Leary / Getty Images)

Bob Goodlatte (Credit: Bill O’Leary / Getty Images)

Bob Goodlatte (R), chair of the House Judiciary Committee, says, “The more we learn about the FBI’s initial investigation into Secretary Clinton’s unauthorized use of a private email server, the more questions we have about the thoroughness of the investigation and the administration’s conclusion to not prosecute her for mishandling classified information.”

Politico suggests that the FBI might not have asked for what Clinton’s aides possessed because of a focus on Clinton and her server and mobile devices. “It’s also possible the FBI or prosecutors elected not to demand all the Clinton aides’ computers and other electronics because doing so might have triggered a legal battle that could have slowed the probe.”

The issue about what Clinton’s aides may have possessed came to the fore after the FBI reopened the Clinton email investigation after emails belonging to top Clinton aide Huma Abedin were discovered on a computer owned by her estranged husband Anthony Weiner. In an April 2016 FBI interview and then in a public deposition in a Freedom of Information Act (FOIA) lawsuit in June 2016, Abedin said she gave her lawyers all devices she thought might contain State Department-related emails. However, it appears no government entity ever asked for any of her devices, so her lawyers never gave them up to anyone.

Abedin was asked for all her work-related emails from her time in the State Department in another FOIA lawsuit, but not the computers or devices the emails were stored on.

The same appears to be true for other top Clinton aides like Cheryl Mills, Jake Sullivan, Bryan Pagliano, and others, with the few exceptions noted above.(Politico, 11/1/2016)