1996: Future FBI Director Comey wants to charge Hillary Clinton in the Whitewater investigation.

Cover of Time magazine on April 4, 1994, with the subhead "How the president's men tried to hinder the Whitewater investigation" (Credit: Time Magazine)

Cover of Time magazine on April 4, 1994, with the subhead “How the president’s men tried to hinder the Whitewater investigation” (Credit: Time Magazine)

James Comey is deputy special counsel to the Senate Whitewater Committee. According to Time Magazine in March 2016: “In 1996, after months of work, Comey came to some damning conclusions: Hillary Clinton was personally involved in mishandling documents and had ordered others to block investigators as they pursued their case. Worse, her behavior fit into a pattern of concealment: she and her husband had tried to hide their roles in two other matters under investigation by law enforcement. Taken together, the interference by White House officials, which included destruction of documents, amounted to ‘far more than just aggressive lawyering or political naiveté,’ Comey and his fellow investigators concluded. It constituted ‘a highly improper pattern of deliberate misconduct.’”

However, Comey is not in charge of the case, and his superiors decide not to press charges against Bill or Hillary Clinton in the matter.

In 2013, Comey will be appointed director of the FBI, which will make him the de facto head of the FBI’s investigation into Clinton’s emails that starts in 2015. (Time, 3/31/2016)

June 2, 1996: Clinton shows a pattern of evasion regarding the Whitewater investigation.

Clinton talks to reporters after testifying before a grand jury investigating Whitewater on January 26, 1996. (Credit: The Associated Press)

Clinton talks to reporters after testifying before a grand jury investigating Whitewater on January 26, 1996. (Credit: The Associated Press)

The Washington Post publishes a front-page story analyzing Hillary Clinton’s public comments about the Whitewater investigation. It concludes, “From the beginning of the Whitewater controversy, Hillary Clinton has maintained a public posture seemingly at odds with her actions. She was reluctant to release records during the 1992 campaign. She fought David Gergen’s recommendation to turn over all the records in 1993. She led White House opposition to the appointment of a special counsel in early 1994. There appears to be a four-year pattern of Hillary Clinton avoiding full disclosure, occasionally forgetting places and events that might embarrass her, and revising her story as documents emerge and the knowledge of her questioners deepens.” (The Washington Post, 6/2/1996)

Bloomberg News will later comment, “The impression that she had something to hide—even when she may not have—was cemented when her Whitewater billing records from her old practice, the Rose Law Firm, mysteriously went missing for two years, then turned up in a reading room in the third-floor residence at the White House.” (Bloomberg News, 3/3/2015)

September 21, 2000: A US ambassador loses his security clearance after working on classified information on an airplane flight.

Martin Indyk (Credit: Paul Richards / Getty Images)

Martin Indyk (Credit: Paul Richards / Getty Images)

US Ambassador to Israel Martin Indyk has his security clearance taken away after the FBI began investigating whether he prepared classified memos about meetings with foreign leaders using an unclassified laptop computer on an airplane flight. Investigators say there was no evidence of espionage or of the exposure any classified information.

A month later, Indyk’s clearance will be restored after a flare-up between Israel and the Palestinian territories results in the worst violence there in a decade. The Clinton administration decides it needs Indyk’s diplomatic abilities to help deal with the crisis. (The Los Angeles Times, 10/11/2000)

August 22, 2001: A top al-Qaeda expert quits the FBI due to fallout from a briefcase incident.

John P. O'Neill (Credit: public domain)

John P. O’Neill (Credit: public domain)

John O’Neill, considered the FBI’s top expert on al-Qaeda, retires from the bureau. In July 2000, he left a briefcase containing classified documents in a room with other FBI agents while he went outside to take a cell phone call. His briefcase was missing when he returned. It was recovered by police a short time later with only a pen and lighter missing. Fingerdusting revealed the documents were never touched, and a Justice Department investigation cleared him of any criminal wrongdoing.

However, he felt the incident damaged his career so much that he took a job offer to work as head of security at the World Trade Center. He is killed on 9/11 just a couple of weeks after starting his new job. (PBS Frontline, 10/3/2002) (US Department of State, 3/31/2016)

2008: A government guide explains how to deal with the accidental mention of classified information.

The US government posts an internal guide on how to deal with “spillage”—the common term for classified information accidentally getting onto an unclassified system. The guide, “National Instruction on Classified Information Spillage,” explains how such errors should be assessed and reported. One step mentioned for more severe cases is: “Determine whether the incident should be referred to the Department of Justice for investigation and/or criminal prosecution.” (The New York Times, 8/8/2015)

Shortly After July 6, 2015: FBI Director Comey wants no special treatment for the Clinton email investigation.

John Giacalone (Credit: public domain)

John Giacalone (Credit: public domain)

At some point in late summer, after two inspectors general sent a “security referral” about Clinton’s emails to the FBI on July 6, 2015, FBI Director James Comey meet with John Giacalone, head of the FBI’s National Security Branch. Giacalone briefs Comey on the referral and says he wants to investigate how classified secrets got in the emails and whether anyone had committed a crime in the process.

Comey agrees, but according to Giacalone, “He wanted to make sure it was treated the same way as all other cases.” Giacalone will retire in February 2016, leaving the case to others. (Time, 3/31/2016)

July 23, 2015: Accounts differ if the FBI has started a criminal investigation into Clinton’s emails.

The New York Times reports that “two inspectors general have asked the Justice Department to open a criminal investigation” into whether sensitive government information was mishandled in Clinton’s emails. (The FBI works for the Justice Department.)

The next day, a Justice Department confirms the report. But later in the day, the Justice Department backs away from its characterization of the referral as “criminal.” (The New York Times, 7/24/2015) (The Washington Post, 7/24/2015) Indeed, such a request was made on July 6, 2015. But technically, the referral is called a “security referral” and not a criminal one.

However, it will later emerge that the FBI investigation into Clinton’s emails actually began in late May 2015, thus making the dispute over the type of referral largely a moot point. (CNN, 8/20/2015)

July 29, 2015: Congressional Republicans are increasingly concerned about Clinton’s lawyer possessing her emails.

Bradley Moss (Credit: public domain)

Bradley Moss (Credit: public domain)

Senator Ron Johnson (R), chair of the Senate Homeland Security and Governmental Affairs Committee, writes a letter to Clinton’s personal lawyer David Kendall. He asks him what he’s done to “safeguard the classified material in (his) possession,” meaning a thumb drive containing Clinton’s emails.

Bradley Moss, a lawyer who handles national security information, comments: “As a general rule, private non-government individuals, even those maintaining a security clearance, are not authorized to privately store classified information. […] I’m not aware of any other private lawyer who has a clearance being allowed to do what is being permitted here.” (McClatchy Newspapers, 7/30/2015) 

The FBI will finally take all the copies of the emails from Kendall on August 6, 2015.

August 11, 2015: One Clinton investigation has expanded to investigate Clinton’s top aides.

The State Department inspector general’s office says it is reviewing the use of “personal communications hardware and software” by Clinton’s former top aides, after requests from Congress. In March 2015, three Republican Senate committee chairs—Richard Burr, Ron Johnson, and Bob Corker—requested an audit of some of her aides’ personal emails.

Douglas Welty, a spokesperson for the inspector general’s office, says, “We will follow the facts wherever they lead, to include former aides and associates, as appropriate.” However, the office won’t say which aides are being investigated.  (McClatchy Newspapers, 8/11/2015)

August 14, 2015: The FBI is trying to find out if foreign countries, especially China or Russia, broke into Clinton’s private server.

The New York Times reports that according to several unnamed US officials, “specially trained cybersecurity investigators will seek to determine whether Russian, Chinese, or other hackers breached the account or tried to transfer any of Mrs. Clinton’s emails…” (The New York Times, 8/14/2015)

September 2, 2015: Congressional committees are interested in the Clinton Foundation’s financial dealings.

The Daily Beast reports that regardless of what becomes of the FBI’s investigations into Clinton’s emails and private server, “more than one [Congressional] committee is interested in Hillary’s emails, far beyond the Benghazi investigation. Congressional investigators are looking into issues beyond classification, to include possible dirty financial deals” that benefitted Bill and Hillary Clinton and/or their Clinton Foundation.

An unnamed senior Congressional staffer says, “This was about a lot more than just some classified emails, and we’ll get to the bottom of it. But we’re happy to let the FBI do the heavy lifting for right now.” The staffer adds, “[N]ow the media won’t let go—and the Bureau definitely won’t. I wouldn’t want to be Hillary right now.” (The Daily Beast, 9/2/2015)

September 22, 2015: Clinton’s emails were improperly secured up until August 2015.

After it became clear by May 2015 that some of Clinton’s emails contained classified information, the security of the email copies possessed by Clinton’s lawyer David Kendall became an issue. In July 2015, State Department officials installed a special safe in Kendall’s office to store them.
However, on this day, Assistant Secretary of State Julia Frifield writes to Senate Judiciary Committee Chair Charles Grassley (R) that “while the safe was suitable for up to (top secret) information, it was not approved for TS/SCI material.” “TS/SCI” stands for “top secret, sensitive compartmented information.” Top secret information and above, such as TS/SCI, must be kept in a specially built secure room known as a SCIF [sensitive compartmented information facility]. Frifield argues that no one in the department knew Clinton’s emails contained such highly classified information.
The issue was resolved in August 2015 when the FBI took away Kendall’s copies of the emails. (The Associated Press, 9/28/2015)

September 30, 2015: Clinton still has a security clearance despite the FBI looking into her handling of classified information during her time as secretary of state.

Clinton has been a private citizen since 2013, but it is standard procedure for high-ranking officials to keep their clearances after leaving office. However, McClatchy Newspapers comments, “While Clinton has kept her clearance, it’s common practice to suspend them while an investigation or internal inquiry is ongoing, according to some national security experts on Capitol Hill and in private practice.”

Bradley Moss, a lawyer who handles national security information, says, “If this were a normal employee, it would be entirely routine to temporarily suspend their access pending investigation.” (McClatchy Newspapers, 9/30/2015)

October 15, 2015: A Republican Congressperson calls the House Benghazi Committee biased against Clinton.

Representative Richard Hanna (Credit: Congressional Pictorial Directory)

Representative Richard Hanna (Credit: Congressional Pictorial Directory)

Representative Richard Hanna says, “This may not be politically correct, but I think that there was a big part of this investigation that was designed to go after people—an individual: Hillary Clinton.” His comments are notable because Hanna is Republican and the committee is run by Republicans. (The Syracuse Post-Standard, 10/15/2015)

October 16, 2015: FBI agents are upset at President Obama’s comment that he thinks Clinton made a mistake but didn’t endanger national security

The J. Edgar Hoover Building, headquarters of the FBI in Washington, DC. (Credit: Aude / Wikimedia Commons)

The J. Edgar Hoover Building, headquarters of the FBI in Washington, DC. (Credit: Aude / Wikimedia Commons)

The New York Times reports that although the White House backtracked later, “Those statements angered FBI agents who have been working for months to determine whether Mrs. Clinton’s email setup did in fact put any of the nation’s secrets at risk, according to current and former law enforcement officials. Investigators have not reached any conclusions about whether the information on the server was compromised or whether to recommend charges, according to the law enforcement officials. But to investigators, it sounded as if Mr. Obama had already decided the answers to their questions and cleared anyone involved of wrongdoing.”

Ron Hosko, who was a senior FBI official until he retired in 2014, says, “Injecting politics into what is supposed to be a fact-finding inquiry leaves a foul taste in the FBI’s mouth and makes them fear that no matter what they find, the Justice Department will take the president’s signal and not bring a case.” (The New York Times, 10/16/2015

An unnamed upset FBI agent at the Washington Field Office, where the investigation is based, says, “We got the message. […] Obama’s not subtle sometimes.” (The New York Observer, 10/19/2015)

October 22, 2015: FBI Director James Comey comments about the FBI’s Clinton investigation.

FBI Director James Comey testifying before a Congressional committee on October 22, 2015. (Credit: C-Span)

FBI Director James Comey testifying before a Congressional committee on October 22, 2015. (Credit: C-Span)

In a Congressional hearing, he says, “The FBI is working on a referral given to us by inspectors general in connection with former Secretary Clinton’s use of a private email server. As you also know about the FBI, we don’t talk about our investigations while we are doing them. This is one I am following very closely and get briefed on regularly. I’m confident we have the people and resources to do it in the way I believe we do all our work, which is promptly, professionally and independently.” (The Washington Post, 10/22/2015)

November 5, 2015: Sanders says Clinton’s email scandal raises “valid questions.”

Democratic presidential candidate Senator Bernie Sanders clarifies his remarks made a month earlier about Clinton’s email scandal, in which he said the “American people are sick and tired of hearing about [her] damn emails!” He says that if Clinton avoided public records requests or compromised classified information, that raises “valid questions.” He also says the FBI’s investigation should “proceed unimpeded. […] There’s an investigation going on right now. I did not say, ‘End the investigation.’ That’s silly.” (Politico, 11/5/2015)

November 10, 2015: The FBI’s inquiry into Clinton’s emails has turned into a “full-blown investigation.”

Tom Fuentes (Credit: CNN)

Tom Fuentes (Credit: CNN)

Politico reports, “The FBI’s recent moves [regarding Clinton’s private emails] suggest that its inquiry could have evolved from the preliminary fact-finding stage that the agency launches when it receives a credible referral, according to former FBI and Justice Department officials interviewed…” The FBI has been conducting interviews and gathering documents.

Tom Fuentes, former assistant director of the FBI, says, “This sounds to me like it’s more than a preliminary inquiry; it sounds like a full-blown investigation. When you have this amount of resources going into it… I think it’s at the investigative level.” (Politico, 11/10/2015)

December 9, 2015: President Obama is not being briefed about the FBI’s Clinton investigation.

Senator Jeff Cornyn (Credit: US Congress)

Senator Jeff Cornyn (Credit: US Congress)

Speaking to FBI Director James Comey in a Congressional meeting, Senator Jeff Cornyn (R) expresses his concern about political pressure that could be put on the FBI’s investigation into Clinton’s emails and server. Cornyn then asks, “Does the President get briefings on ongoing investigations by the FBI like this?”

Comey replies, “No.”

Then Cornyn asks, “So he would have no way of knowing what the status of the FBI investigation is?”

Comey replies, “Certainly not from briefings from the FBI.” (The Daily Caller, 12/9/2015)

January 11, 2016: The FBI’s Clinton investigation could be looking into Clinton Foundation corruption.

Fortune 100 companies that donated to the Clinton Foundation and lobbied the State Department while Hillary Clinton was secretary. (Credit: Washington Examiner)

Fortune 100 companies that donated to the Clinton Foundation and lobbied the State Department while Hillary Clinton was secretary. (Credit: opensecrets.org)

Fox News reports, “The FBI investigation into Hillary Clinton’s use of private email as secretary of state has expanded to look at whether the possible ‘intersection’ of Clinton Foundation work and State Department business may have violated public corruption laws,” according to three unnamed “intelligence sources.”

One source says, “The agents are investigating the possible intersection of Clinton Foundation donations, the dispensation of State Department contracts, and whether regular processes were followed.”

Clinton denies this, saying, “No, there’s nothing like that that is happening.”

However, Fox News points out, “Experts including a former senior FBI agent said the Bureau does not have to notify the subject of an investigation.” (Fox News, 1/11/2016) 

One month later, the Washington Post will report that the State Department issued a subpoena to the Clinton Foundation in late 2015. (The Washington Post, 2/11/2016)

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

January 28, 2016: The Navy’s intelligence chief had his security clearance suspended during an investigation, but Petraeus and Clinton did not.

Vice Admiral Ted Branch (Credit: public domain)

Vice Admiral Ted Branch (Credit: public domain)

Vice Admiral Ted Branch had his security clearance suspended in November 2013, after the Navy learned his name surfaced in a Justice Department-led corruption investigation involving dozens of Navy personnel. No evidence has emerged that he compromised military secrets or committed any crimes. However, over 800 days later he has neither been charged nor cleared. He is the head of the Navy’s intelligence division, but he has less access to classified information than the lowest ranking sailor. He can’t even walk into any office without it being swept by security personnel first to make sure any classified documents are locked up. (The Washington Post, 1/28/2016)

By contrast, news reports indicate that neither Clinton nor any of her top aides have had their security clearances suspended, despite the ongoing FBI’s investigation into the mismanagement of classified information in their unsecured emails. Additionally, when CIA Director David Petraeus came under FBI investigation for mismanaging classified information in late 2012, his security clearance also was not formally revoked. He only had it suspended after he resigned. (Bloomberg News, 2/4/2016)

January 28, 2016: A decision on indictments could come during the presidential general election campaign.

Ron Hosko (Credit: public domain)

Ron Hosko (Credit: public domain)

Former FBI officials say the length of the FBI’s investigation into Clinton’s email and server is not unusual. Ron Hosko, the FBI’s former assistant director of the criminal investigative division, says, “I don’t know that there’s any magical cutoff date.” However, he adds, “I think the clock ticks louder every day. I’m sure they’re all incredibly sensitive to it.”

Political science professor Andrew Smith says, “It does give pause to Democrats who are concerned that there may be another shoe to drop down the road.” (The Hill, 1/28/2016)

January 28, 2016: Clinton’s top aides could be in greater legal jeopardy than Clinton.

Bradley Moss (Credit: Twitter)

Bradley Moss (Credit: Twitter)

Bradley Moss, a lawyer who specializes in national security and protection of classified information, speculates about who will be targeted by the FBI’s investigation into Clinton’s emails and server.

He suggests Clinton is less in danger that her aides, since most of the retroactively classified emails were written by her aides. “It’d be a lot harder to make a criminal charge for having received [classified] information. If I’m in Clinton’s campaign, I’m more worried if am Cheryl Mills, Huma Abedin, or Jake Sullivan than if I’m Hillary Clinton. […] The sloppiness and the complete fundamental failure to comply with any aspect of operational and informational security is what puts them at risk. You just can’t do that that many times and not expect to find yourself in trouble.” (The Hill, 1/28/2016)

January 29, 2016: FBI agents are saying “something’s happening” with their Clinton investigation.

Mika Brzezinski (left) Joe Scarborough (right) (Credit: public domain)

Mika Brzezinski (left) Joe Scarborough (right) (Credit: public domain)

Joe Scarborough, host of MSNBC’s “Morning Joe,” comments, “[T]he Hillary Clinton investigation of the FBI is far more progressed and [my co-host] Mika [Brzezinski] and I have been hearing it from the top officials in the Obama administration for actually several months now. And we can’t go to a meeting in Washington where we don’t hear that. […] All of our sources high up are telling us the same thing: that this investigation is far more advanced than we the public knows. What are you hearing?”

Mark Halperin, a political analyst at Bloomberg News, comments, “There’s a lot of chatter amongst FBI agents, many of whom have never been big fans of the Clintons, but a lot of FBI agents seem to be saying something is happening here. … [And] there are some people in the White House are starting to talk about this. It’s not clear whether they know what’s happening or it’s just their intuition but the body language among some Obama administration officials is, this is more serious and something is going to happen.” (MSNBC, 1/29/2016)

January 29, 2016: The State Department announces it is launching its own Clinton email investigation.

It will look into whether information on Clinton’s private server was classified at the time it was sent or received. The Wall Street Journal calls this a “dramatic reversal,” since the State Department has consistently downplayed the issue. This investigation is in addition to the FBI investigation and other inquiries. It is also separate from the investigation being conducted by the State Department’s inspector general office. (The Wall Street Journal, 1/29/2016)

January 29, 2016—March 9, 2016: White House Press Secretary Josh Earnest is criticized for his Clinton scandal comments.

On January 29, 2016, Earnest is asked if the White House believes Clinton will be indicted for her email scandal or not. He replies, “I know that some officials over there have said is that she is not a target of the investigation. So that does not seem to be the direction that it’s trending, but I’m certainly not going to weigh in on a decision or in that process in any way. That is a decision to be made solely by independent prosecutors. But, again, based on what we know from the Department of Justice, it does not seem to be headed in that direction.”

On March 9, Attorney General Loretta Lynch says that Earnest shouldn’t have made such comments. “Certainly, it’s my hope when it comes to ongoing investigations, that we would all stay silent. […] It is true that neither I nor anyone in the department has briefed Mr. Earnest or anyone in the White House about this matter. I’m simply not aware of the source of his information.”

Earnest then clarifies that he was only referring to his opinion of news reports. (Politico, 3/9/2016)

February 1, 2016: Clinton comments on recent news reports suggesting the FBI’s Clinton investigation is gaining momentum.

She says, “It means the people are selectively leaking and making comments with no basis. We need to let this inquiry run its course, get it resolved.” She adds, “There is nothing new and I think the facts are quite helpful here, it’s a little bit like what the Republicans and others have tried to do with respect to Benghazi.” (Politico, 2/1/2016)

February 4, 2016: Clinton still holds a security clearance despite her mishandling of “top secret” information.

Bloomberg News reports that there is a debate in high-level political circles over whether Clinton should be allowed to keep her security clearance or not during the FBI’s Clinton investigation. Predictably, Democrats say she should while Republicans say she shouldn’t. It was reported in late January 2016 that 22 emails on her unapproved private server contained “top secret” and even above “top secret” information. (Bloomberg News, 2/4/2016) 

In October 2015, the State Department reportedly confirmed to Senator Chuck Grassley (R) that Clinton still holds a security clearance for TS/SCI [Top Secret/Sensitive Compartmented Information] the highest-level security clearance, and apparently nothing has changed since then. It is standard practice for high-ranking officials to retain their clearances after leaving office. (The Free Beacon, 10/7/2015)

March 2016: The State Department’s internal Clinton email server investigation is put on hold.

The pause happens some unknown time this month, due to the FBI’s investigation taking precedence. A State Department spokesperson says, “Law enforcement comes first,” and “We are prioritizing the law enforcement investigation.” (Bloomberg News, 4/1/2016) Note that this is different from the State Department inspector general’s investigation, which continues.

April 13, 2016: The Benghazi Committee’s final report is likely to come out in the middle of the 2016 general election.

It is reported that the House Benghazi Committee is working on its final report. Depending on how long a security review by US intelligence agencies takes, it is likely to be released between July and September 2016. That means the Republican-led committee will release a report widely expected to be critical of Clinton in the middle of a general presidential election season when Clinton could be the Democratic nominee.

In early 2015, Representative Trey Gowdy (R), head of the committee, said: “I want it done before 2016” and, “it’s not going to come out in the middle of 2016.” He blames a slow government response to turning over evidence for the delay. (The Washington Post, 4/13/2016)

The final report will be released on June 28, 2016.

April 15, 2016: Clinton’s personal lawyer will defend her again.

David Kendall (Credit: Above the Law)

David Kendall (Credit: Above the Law)

It is reported that David Kendall will be representing Hillary Clinton in the FBI’s investigation into her private emails and server, with expectations growing that the FBI will interview her soon. This is no surprise, since Kendall has represented Bill and Hillary Clinton for decades, including during the Whitewater and Monica Lewinsky scandals in the 1990s. Kendall first got to know them as their classmate at Yale Law School in the 1970s. (Law Newz, 4/15/2016)

However, Kendall’s representation could be problematic in that he was one of three people who decided which of Clinton’s emails to turn over or delete around late 2014, and he then held her emails for months despite apparently lacking the security clearance to do so.

April 22, 2016: A senator suggests FBI could combat political interference with leaks.

Senator Chuck Grassley (R), chair of the Senate Judiciary Committee, says of the FBI’s Clinton investigation: “Is there going to be political interference? If there’s enough evidence to prosecute, will there be political interference? And if there’s political interference, then I assume that somebody in the FBI is going to leak these reports and it’s either going to have an effect politically or it’s going to lead to prosecution if there’s enough evidence.” He adds, “I wouldn’t be encouraging it because if it’s a violation of law, I can’t be encouraging a violation of law. This is kind of my own opinion, this is something I’ve heard.” (The Des Moines Register, 4/22/2016)

April 28, 2016: Attorney General Loretta Lynch says the Justice Department hasn’t set a deadline to finish the FBI’s Clinton investigation because doing so would hurt its effectiveness.

Asked in an interview if voters deserve to know the result of the investigation before the Democratic primaries are over, Lynch replies, “People have to have confidence that we treat every case the same, no matter whose last name is involved, no matter how much publicity it gets. We don’t make predictions on the time because that essentially cuts off the independence of that and it cuts off the thoroughness.” (Bloomberg News, 4/28/2016)

April 28, 2016: Jane Sanders says “it would be nice” if the FBI concludes its Clinton investigation soon.

Jane Sanders (Credit: public domain)

Jane Sanders (Credit: public domain)

She is the wife of Democratic presidential candidate Bernie Sanders. She says, “It’s an FBI investigation… we want to let it go through without politicizing it and then we’ll find out what the situation is and that’s how we still feel.” She adds with a laugh, “I mean, it would be nice if the FBI moved it along.” (CBS News, 4/29/2016)

May 3, 2016: Clinton maintains she and her “representatives” still have not been contacted by the FBI.

Brian Fallon (Credit: MSNBC)

Brian Fallon (Credit: MSNBC)

In an interview conducted on this day by MSNBC, Clinton is asked, “Have you been contacted or have your representatives been contacted” by the FBI to be interviewed as part of their investigation into her email scandal.

Clinton simply replies by saying “No” several times. (MSNBC, 5/3/2016

Two days later, it is reported that Clinton’s former aides were interviewed already, with Huma Abedin having been interviewed one month ago, on April 5, 2016. Furthermore, the FBI is planning to interview Clinton soon. (The Los Angeles Times, 5/5/2016) (Reuters, 5/5/2016)

Reuters will later notice the contradiction and ask Clinton spokesperson Brian Fallon about it. Fallon will cryptically reply, “What does ‘representatives’ mean to you, sir?” (Reuters, 5/5/2016) 

Fallon also calls the FBI investigation an “independent review.” (The Associated Press, 5/4/2016)

May 4, 2016: Guccifer also tells NBC News he accessed Clinton’s private server in 2013.

Guccifer (left) being interviewed by Cynthia McFadden (right) inside a Romanian prison complex. (Credit: NBC News)

Guccifer (left) being interviewed by Cynthia McFadden (right) inside a Romanian prison complex. (Credit: NBC News)

Hours after Fox News reports on recently interviewing Romanian hacker Guccifer, NBC News reports on their recent interview with Guccifer. Like the Fox News interview, the main story is that Guccifer claims to have gained access to Clinton’s private email server. He tells NBC News, “It was like an open orchid on the Internet. […] There were hundreds of folders.” He also calls her server “completely unsecured.”

An unnamed source with knowledge of the FBI’s Clinton investigation claims “that with Guccifer in US custody, investigators fully intend to question him about her server.”

While Fox News recently interviewed him in a US prison, NBC News interviewed him from a prison in Bucharest, Romania, where he was until he was extradited to the US in late March 2016. (NBC News, 5/4/2016)

LawNewz notes the timing, and asks, “Why would a major news network sit on such an explosive allegation—especially when the claim directly relates to a presidential candidate and the biggest story the 2016 presidential election cycle?” NBC News has not commented. (LawNewz, 5/4/2016)

An FBI report in September 2016 will assert that Guccifer admitted in his FBI interview that he lied about his claim to have accessed Clinton’s server.

May 5, 2016: The FBI is planning to interview Clinton soon.

Former US Attorney Matthew Whitaker (Credit: public domain)

Former US Attorney Matthew Whitaker (Credit: public domain)

It is reported that the FBI is likely to interview Clinton in “the next few weeks.” Clinton’s top aides have been interviewed in recent weeks and it appears Clinton will be interviewed last, at the very end of the FBI’s investigation. (Reuters, 5/5/2016) 

Former federal prosecutor Steven Levin says, “This certainly sends the signal that they are nearing an end to their investigation.” And while the FBI has not said that Clinton is the main target of their investigation, Levin notes that, “Typically, the way we structured investigations when I was a federal prosecutor is that we would seek to interview the target last.”

Former US attorney Matthew Whitaker says the FBI will only “ask her questions that they know the answers to already.” Their aim is to get her to confess to a crime, or to lie, which also would be a crime. (The Hill, 5/8/2016)

May 5, 2016: CNN alleges the FBI has not proven that Clinton “willfully” broke the law; the investigation could conclude within weeks.

CNN reports, “The investigation is still ongoing, but so far investigators haven’t found evidence to prove that Clinton willfully violated the law the US officials say.” However, nothing has been said about crimes that did not involve willful violation of the law, such as gross negligence, or unsecure possession of classified material.

Unnamed officials also claim that “The probe remains focused on the security of the server and the handling of classified information and hasn’t expanded to other matters.”

Furthermore, “FBI officials overseeing the probe now expect to complete their work in the next few weeks and then turn over the findings to the Justice Department, which will make a final decision on whether to bring charges against anyone.” (CNN, 5/5/2016)

May 5, 2016: Accounts differ on the results of the FBI’s Clinton investigation so far.

The Washington Post reports, “Prosecutors and FBI agents investigating Hillary Clinton’s use of a personal email server have so far found scant evidence that the leading Democratic presidential candidate intended to break classification rules, though they are still probing the case aggressively with an eye on interviewing Clinton herself, according to US officials familiar with the matter.” Additionally, “One official said prosecutors are wrestling with the question of whether Clinton intended to violate the rules, and so far, the evidence seemed to indicate she did not.” (The Washington Post, 5/5/2016)

However, a few hours later, NBC News cites unnamed US officials who have a different point of view. “As for where the investigation stands, these officials say it is a long way from over. […] No conclusions have been reached about whether any laws were violated in setting up or using the system, the officials say.” (NBC News, 5/5/2016)

May 5, 2016: “Rocket docket” prosecutors are working with the FBI on the Clinton investigation.

Federal Prosecutor Dana Boente (Credit: public domain

Federal Prosecutor Dana Boente (Credit: public domain

It is reported that FBI investigators looking into Clinton’s email scandal have been joined by prosecutors from the US Attorney’s Office in the Eastern District of Virginia. The district is commonly nicknamed the “rocket docket” for the speed with which cases move through it. It is home to the CIA and the Pentagon, so it often deals with national security and terrorism cases. The office is led by veteran federal prosecutor Dana Boente. Prosecutors from the office have been working with the FBI to interview Clinton’s top aides. (The Washington Post, 5/5/2016)

May 8, 2016: Clinton says she’s “more than ready to talk to anybody, anytime” about her email scandal.

Clinton appears on Face the Nation, May 8, 2016. (Credit: CBS)

Clinton appears on Face the Nation, May 8, 2016. (Credit: CBS)

Clinton says in an interview that when it comes to her email scandal, “I’m more than ready to talk to anybody, anytime. And I’ve encouraged all of…my assistants to be very forthcoming. And I hope that this is close to being wrapped up.” She also adds that the FBI still has yet to contact or interview her regarding their investigation. “No one has reached out to me yet.” (CNN, 5/8/2016)

May 9, 2016: Blumenthal refuses to say if the FBI has interviewed him.

Clinton confidant Sid Blumenthal is asked if the FBI has interviewed him as part of their Clinton email investigation. He replies, “You know, I don’t really want to talk about an ongoing inquiry right now.” He says he will wait to speak until after the investigation is over. (The Hill, 5/9/2016)

In September 2016, it will be revealed Blumethal was interviewed by the FBI in January 2016.

May 10, 2016: A recent interview shows differences between FBI investigators and Justice Department prosecutors in the Clinton email investigation.

Cheryl Mills (right) and her attorney Beth Wilkinson (left) (Credit: Getty Images)

Cheryl Mills (right) and her attorney Beth Wilkinson (left) (Credit: Getty Images)

The Washington Post reports that Clinton’s former aide Cheryl Mills was recently interviewed by the FBI as part of their Clinton investigation. (It will later be revealed the interview took place on April 9, 2016.) Not long after it started, an FBI investigator asked Mills about how Mills chose which of Clinton’s emails to turn over to the State Department and which ones to delete.

It has been reported that process was done by Mills along with Clinton associates David Kendall and Heather Samuelson. However, Mills’ lawyer Beth Wilkinson and the Justice Department had agreed the topic would be off-limits. Mills and Wilkinson left the room, but they returned a short time later. Ultimately, Mills was not asked about that topic.

The Washington Post reports that Justice Department “prosecutors were somewhat taken aback that their FBI colleague had ventured beyond what was anticipated…” The topic was considered off-limits because “it was considered confidential as an example of attorney-client privilege.” Mills is a lawyer, but she served as Clinton’s chief of staff and it has never been reported that she has legally represented Clinton.

The Post also reports, “It is not completely unknown for FBI agents and prosecutors to diverge on interview tactics and approach, and the people familiar with the matter said Mills answered investigators’ questions.” (The Washington Post, 5/10/2016)