July 7, 2016: FBI Director Comey says it is unclear if any of Clinton’s emails were deleted by Clinton or anyone else.

At a Congressional hearing, FBI Director James Comey is asked by Representative Trey Gowdy (R), “Secretary Clinton said neither she nor anyone else deleted work-related emails from her personal account. Was that true?”

Comey answers, “That’s a harder one to answer. We found traces of work-related emails in — on devices or in slack space. Whether they were deleted or whether when the server was changed out, something happened to them. There’s no doubt that the work-related emails were removed electronically from the email system.” (Politico, 7/7/2016) (CNN, 7/7/2016)

However, in September 2016, the FBI Clinton investigation’s final report will be released, based entirely on information learned by the FBI prior to Comey’s testimony. That makes clear that in late March 2015, someone used a computer program called BleachBit to delete all of Clinton’s emails off her server and then wipe them to prevent their later recovery. It is unknown why Comey fails to mention this.

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)

July 7, 2016: FBI Director Comey claims Guccifer admitted he lied about gaining access to Clinton’s private server.

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Representative Blake Farenthold (Credit: public domain)

In a Congressional hearing, Representative Blake Farenthold (R) brings up the case of the hacker known as Guccifer, and Guccifer’s claim that he looked into Clinton’s private server. After confirming that the FBI interviewed Guccifer, Farenthold asks FBI Director James Comey, “Can you confirm that Guccifer never gained access to her server?”

Comey replies, “Yeah he did not. He admitted that was a lie.” (CNN, 7/7/2016)

An FBI report published in September 2016 will also assert that Guccifer admitted he lied.

 

July 7, 2016: FBI Director Comey says people other than Blumenthal who regularly communicated with Clinton were successfully hacked.

In a Congressional hearing, Representative Blake Farenthold (R) points out that it has long been known that the hacker nicknamed Guccifer broke into the email account of Clinton confidant Sid Blumenthal and gained access to hundreds of her emails. Then he asks FBI Director James Comey, “During your investigation, were there other people in the State Department or that regularly communicated with Secretary Clinton that you can confirm were successfully hacked?”

Comey replies, “Yes.”

Farenthold confirms, “And were these folks that regularly communicated with the secretary?”

Comey again replies, “Yes.” However he doesn’t give any more details, such as how many such cases there were, or who they were. (Note that this is the only time Blumenthal is mentioned in Comey’s hearing.) (CNN, 7/7/2016)

A September 2016 FBI report will mention an incident in early January 2013, when an unnamed member of Bill Clinton’s staff has her email account on Clinton’s private server broken into by a hacker.

July 7, 2016: FBI Director Comey reveals that between 15 and 20 FBI agents were the core of the Clinton investigation, with many others lending help.

There has been a dispute over how many FBI agents were involved in the FBI’s Clinton investigation, with numbers ranging from a dozen to almot 150. It turns out different answers may be correct, depending on how one defines being involved. In a Congressional hearing, when FBI Director James Comey is asked how many FBI agents took part, he replies, “It changed at various times, but somewhere between 15 and 20. Then we used a lot of other FBI folks to help from time to time.” He also says they put three years of work into a single year. (CNN, 7/7/2016)

July 7, 2016: FBI Director Comey claims that all the FBI agents involved in the FBI’s Clinton investigation agreed with him that Clinton should not be indicted.

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Representative William Hurd (Credit: public domain)

In a Congressional hearing, Representative William Hurd (R) asks, “Was this unanimous opinion within the FBI on your decision [not to recommend Clinton’s indictment]?”

Comey answers, “The whole FBI wasn’t involved, but the team of agents, investigators, analysts, technologists, yes.” Elsewhere in the hearing, he mentioned there were between 15 and 20 FBI agents working on the case at any given time, plus many more lending assistance.  (CNN, 7/7/2016)

On July 12, 2016, it will be reported that some within the FBI are “furious” about Comey’s decision.

July 7, 2016: Pagliano won’t be indicted; it isn’t clear why the FBI gave him an immunity deal.

In a Congressional hearing, Representative Jason Chaffetz (R) asks FBI Director James Comey if Clinton’s computer technician Bryan Pagliano had the “requisite security clearance” to look at Clinton’s classified emails on her private server, which he was managing.

Comey replies, “As I sit here, I can’t remember. He was not a participant on the classified email exchanges though.” (CNN, 7/7/2016)

Later in the hearing, Representative Buddy Carter (R) asks Comey about Pagliano, “Is anything going to be done to him? Any prosecution, or any discipline?”

Comey answers, “I don’t know about discipline, but there’s not going to be any prosecution of him.”

Chaffetz then asks, “My understanding, Director, is that you offered him immunity. Why did you offer him immunity and what did you get for it?”

Comey replies, “I’m not sure what I can talk about in open setting about that. … I want to be careful. I’m doing this 24 hours after the investigation closed. I want to be thoughtful, because we’re — we’re as you know, big about the law, that I’m following the law about what I disclose about that. So I’ll have to get back to you on that one. I don’t want to answer that off the cuff.” (CNN, 7/7/2016)

July 7, 2016: Republicans ask the FBI to launch another investigation related to Clinton’s emails, questioning statements she made under oath.

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Comey (left) and Chaffetz (right) shake hands while Elijah Cummings looks on at the House Benghazi Committee hearing on July 7, 2016. (Credit: Getty Images)

In a Congressional hearing to clarify his public speech ending the FBI’s Clinton investigation given on July 5, 2016, FBI Director James Comey is asked questions related to testimony Clinton gave under oath to the House Benghazi Committee on October 22, 2015. Comey’s answers directly contradict what Clinton said then, for instance Clinton’s assertion that there was “nothing marked classified on my e-mails either sent or received.” He also contradicts her claims that there was only one private email server while she was secretary of state, and that her lawyers read each of her over 60,000 emails while sorting them.

As a result, Jason Chaffetz (R), chair of the House Oversight Committee, asks, “Did the FBI investigate her statements under oath on this topic?”

Comey replies, “Not to my knowledge. I don’t think there’s been a referral from Congress.”

Chaffetz then asks, “Do you need a referral from Congress to investigate her statements under oath?”

“Sure do,” Comey responds.

Chaffetz says, “You’ll have one. You’ll have one in the next few hours.”

The Washington Post later confirms that, by the end of the day, Chaffetz does formally request the FBI to investigate whether Clinton misled Congress.

The Post also notes, “While the just-concluded FBI investigation was requested by the intelligence community’s inspector general, a new probe of Clinton would be a product of Congress — a distinction that carries obvious partisan implications.” However, “That is a risk Republicans are ready to take.” (The Washington Post, 7/7/2016)

Chaffetz’s request is sent to Channing Phillips, the US attorney for the District of Columbia.  (Salon, 9/6/2016)

July 8, 2016: Clinton blames other government officials for the classified information stored on her private server.

Wolf Blitzer (Credit: CNN)

Wolf Blitzer (Credit: CNN)

Clinton previously claimed she hadn’t sent or received any classified information via email, or that none of the emails contained information that was classified when they were sent. On July 5, 2016, FBI Director James Comey stated that over 100 emails contained information that was classified when Clinton sent or received them.

As a result, when she is asked about this by CNN journalist Wolf Blitzer, she changes her account again. “I think there are about 300 people in the government — mostly in the State Department but in other high positions in the government — with whom I emailed over the course of four years. They, I believe, did not believe they were sending any material that was classified.”

Blitzer notes that Comey said Clinton and her aides “should have known” that her emails were not secure. He asks Clinton, “Should you have known better?”

Clinton avoids a direct answer, and again blames other officials. “I just believe that the material that was being communicated by professionals, many with years of handling sensitive classified material, they did not believe that it was. I did not have a basis for second-guessing their conclusion, and these were not marked.”

Clinton also says that she now realizes her use of a private server was “the wrong choice.” (McClatchy Newspapers, 7/8/2016)

She makes very similar comments which blames other officials in various interviews given on the same day. The Washington Post comments, “The references to other government officials… represent a new line of defense in the long public debate over an issue that has led many voters to say they do not trust her.” (The Washington Post, 7/8/2016)

July 8, 2016: Clinton denies that she was “extremely careless” and says there’s no reason to believe that hackers got hold of her emails.

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Clinton appears with MSNBC’s Lester Holt on July 8, 2016. (Credit: MSNBC)

When asked to respond to FBI Director James Comey’s July 5, 2016, comment that she had been “extremely careless” with highly classified material, Clinton says, “Well, I think the director clarified that comment to some extent, pointing out that some of what had been thought to be classified apparently was not.”

Comey also said that “it is possible that hostile actors gained access to Secretary Clinton’s personal email account.” But Clinton responds, “I think he was speculating. But if you go by the evidence, there is no evidence that the system was breached or hacked successfully.  And I think that what’s important here is to follow the evidence.” (The New York Times, 7/8/2016)

Shortly After July 10, 2015: Comey decides the FBI’s Clinton email investigation will be run from headquarters for greater secrecy, upsetting agents in New York.

A training session is held for FBI New York field agents. (Credit: public domain)

A training session is held for FBI New York field agents. (Credit: public domain)

According to CNN in November 2016, shortly after the FBI begins its Clinton email investigation on July 10, 2015, FBI Director James Comey decides to run the investigation from FBI headquarters in Washington, DC, instead of the New York office, which normally would be the proper jurisdiction, since the Clinton private email server had been located in Chappaqua, New York. CNN will report, “That decision anger[s] some in New York who thought it was headquarters’ interference into their case.”

Comey then mostly picks agents from the Washington, DC, field office to handle the investigation. He assigns the case “to the counterintelligence section, which investigates cases of alleged mishandling of classified information. It [gives] the added advantage of being a section with a reputation for few media leaks and being close enough for Comey to get personal almost-daily updates.”

Furthermore, all agents working on the case are required to sign an unusual non-disclosure agreement and also agree to be subject to random lie detector tests.

One unnamed senior official will later say, “We’re in the middle of one of the most vitriolic campaigns in American history, and we’re investigating one of the candidates for president. We had to get this right.” (CNN, 11/2/2016)

July 11, 2016: Paul Ryan’s attempt to block Clinton from getting intelligence briefings is denied.

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James Clapper (Credit: J. Scott Applewhite / The Associated Press)

A request from Speaker of the House Paul Ryan (R) to prevent Clinton from receiving intelligence briefings after the late July 2016 Democratic National Convention is denied.

Just a few days after Ryan made the request, Director of National Intelligence James Clapper tells Ryan in a letter  that he “does not intend to withhold briefings from any officially nominated, eligible candidate. … Nominees for president and vice president receive these briefings by virtue of their status as candidates, and do not require separate security clearances before the briefings. Briefings for the candidates will be provided on an even-handed non-partisan basis.”

The briefings given both major party candidates are intended to prepare them with the information they’ll need to run the country if they win the general election.

Ryan made the request after FBI Director James Comey said that Clinton and her aides had been “extremely careless” handling highly classified intelligence. Ryan wrote in the request, “There is no legal requirement for you to provide Secretary Clinton with classified information, and it would send the wrong signal to all those charged with safeguarding our nation’s secrets if you choose to provide her access to this information despite the FBI’s findings.” (CNN, 7/11/2016)

July 12, 2016: Attorney General Loretta Lynch refuses to answer questions about the FBI’s Clinton investigation in a Congressional hearing.

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Attorney General Loretta Lynch testifies before the House Judiciary Committee on July 12, 2016. (Credit: Manuel Balce Ceneta / the Associated Press)

Lynch speaks before the House Judiciary Committee several days after the Justice Department ended the FBI’s investigation into Clinton’s email usage as secretary of state. FBI Director James Comey answered questions about the investigation before a Congressional committee on July 7, 2016, but Lynch doesn’t follow suit. She says, “While I understand that this investigation has generated significant public interest, as attorney general, it would be inappropriate for me to comment further on the underlying facts of the investigation or the legal basis for the team’s recommendation.”

At one point, she says she can’t reveal details because she’s not familiar with them. “The director and I had very different roles in this investigation and, therefore, very different amounts of information about this investigation.” But at other times, she indicates she wouldn’t comment anyway. “It would not be appropriate in my role to discuss the specific facts and the law.”

After a meeting with Hillary Clinton’s husband Bill Clinton that many said was inappropriate, on July 1, 2016, Lynch distanced herself from the investigation but didn’t totally recuse herself from it.  (Politico, 7/12/2016)

July 12, 2016: Some FBI agents are disappointed over FBI Director James Comey’s decision not to recommend Clinton’s indictment.

Many agents are said to express “disappointment.” This according to a New York Post article, citing “sources close to the matter.”

One unnamed source says, “FBI agents believe there was an inside deal put in place after the Loretta Lynch/Bill Clinton tarmac meeting” on June 27, 2016. The article attributes quotes to both active and retired FBI agents critical of Comey, but it is not clear what this person’s job position is.

Another unnamed source, this one from the Justice Department, is “furious” with Comey, saying he’s “managed to piss off right and left.” (The New York Post, 7/12/2016)

All FBI agents taking part in the Clinton investigation are unable to comment because they have signed a non-disclosure agreements and are subject to lie detector tests to make sure they obey.

July 31, 2016: Clinton continues to maintain that none of her emails contained classified information when they were sent.

Clinton holds a press conference on August 5, 2016 and explains how she may have "short-circuited" during her interview with Chris Wallace. (Credit: Fox News)

Clinton holds a press conference on August 5, 2016 and explains how she may have “short-circuited” during her interview with Chris Wallace a few days earlier. (Credit: Fox News)

In a Fox News interview with Chris Wallace, she says, “There were discussions and decisions made to classify retroactively certain emails.” She also claims that FBI Director James “Comey said my answers were truthful and consistent,” with what she said in the past.

She adds, “I was communicating with over 300 people in my emails. They certainly did not believe and had no reason to believe what they were sending was classified.” (The Hill, 7/31/2016)

However, on July 5, 2016, Comey clearly stated, “From the group of 30,000 [Clinton] emails returned to the State Department in 2014, 110 emails in 52 email chains have been determined by the owning agency to contain classified information at the time they were sent or received.” (Federal Bureau of Investigation, 7/5/2016)

Clinton’s comments are heavily criticized in the media. So five days later, on August 5, 2016, she says she may have “short circuited” and she and Wallace might have been “talking past each other.” (Fox News, 8/5/2016)

August 11, 2016: Rudy Giuliani claims to know of some FBI agents who are embarrassed by Comey’s decision not to recommend indicting Clinton.

Rudy Giuliani (Credit: public domain)

In a CNN interview, Rudy Giuliani criticizes FBI Director James Comey’s July 5, 2016 announcement to not recommend indicting Clinton. “I believe the decision was so wrong, I can’t understand how he came to that conclusion. I don’t believe he did it for bad reasons, because I think he is a good man. But the decision perplexes me. It perplexes [former Assistant FBI Director James] Kallstrom, who worked for him. It perplexes numerous FBI agents who talk to me all the time. And it embarrasses some FBI agents.” (CNN, 8/11/2016)

Giuliani is a former US attorney, former mayor of New York City, and a frequent media surrogate for the Trump campaign. The Daily Beast will note that Giuliani “spent decades of his life as a federal prosecutor and then mayor working closely with the FBI, and especially its New York office. One of Giuliani’s security firms employed a former head of the New York FBI office, and other alumni of it.” Furthermore, his former law firm has long been general counsel to the FBI Agents Association (FBIAA), which represents 13,000 former and current agents. (The Daily Beast, 11/2/2016)

August 16, 2016: The FBI gives Congress some classified documents from its Clinton email investigation.

The documents include the FBI’s summary of the interview of Clinton on July 1, 2016, known as a 302.

The State Department wanted to review the 302 interview summaries first, but the FBI ignored that request. On July 7, 2016, FBI Director James Comey said when it came to documents relating to the FBI’s Clinton investigation, he was committed to delivering to Congress “everything I can possibly give you under the law and to doing it as quickly as possible.”

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Representative Adam Schiff (Credit: Michael Buckner / Getty Images)

Representative Adam Schiff (D) criticizes the move. “With the exception of the classified emails that had been found on the private server, I can see little legitimate purpose to which Congress will put these materials. Instead, as the now-discredited Benghazi Committee demonstrated, their contents will simply be leaked for political purposes. This will neither serve the interests of justice nor aid Congress in its responsibilities and will merely set a precedent for the FBI to turn over closed case files whenever one party in Congress does not like a prosecutorial decision. This has been done in the name of transparency, but as this precedent chills the cooperation of other witnesses in the future, I suspect the Department of Justice will later come to refer to it by a different name — mistake.”

The documents can be seen by members of Congress, but they are not allowed to publicly reveal any of it. An FBI spokesperson says, “The material contains classified and other sensitive information and is being provided with the expectation it will not be disseminated or disclosed without FBI concurrence.”

However, Senator Charles Grassley (R), chair of the judiciary committee, says, “On initial review, it seems that much of the material given to the Senate today, other than copies of the large number of emails on Secretary Clinton’s server containing classified information, is marked ‘unclassified/for official use.’ The FBI should make as much of the material available as possible.”

Clinton campaign spokesperson Brian Fallon also wants to see the material publicly release, saying, “This is an extraordinarily rare step that was sought solely by Republicans for the purposes of further second-guessing the career professionals at the FBI. We believe that if these materials are going to be shared outside the Justice Department, they should be released widely so that the public can see them for themselves, rather than allow Republicans to mischaracterize them through selective, partisan leaks.” (Politico, 8/16/2016)

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.

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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.

August 25, 2016: It is alleged that Clinton’s lawyers used a computer program to make sure her deleted emails couldn’t be recovered.

Since late 2014, when Clinton and her lawyers deleted over 31,000 of Clinton’s emails from when she was secretary of state, it has been unclear if the emails were simply deleted or “wiped,” meaning deliberate steps were taken to make sure they couldn’t be recovered later.

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Trey Gowdy appears with Martha MacCallum on Fox News on August 25, 2016. (Credit: Fox News)

In an interview, Representative Trey Gowdy (R) says that, “[Clinton] and her lawyers [Cheryl Mills, David Kendall, and Heather Samuelson] had those emails deleted. And they didn’t just push the delete button; they had them deleted where even God can’t read them. They were using something called BleachBit. You don’t use BleachBit for yoga emails or bridemaids emails. When you’re using BleachBit, it is something you really do not want the world to see.”

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BleachBit Logo (Credit: public domain)

BleachBit is computer software whose website advertises that it can “prevent recovery” of files. Politico notes that if Gowdy is correct, this would be “further proof that Clinton had something to hide in deleting personal emails from the private email system she used during her tenure as secretary of state.” It is not explained how Gowdy might know this, but his comments come only a few days after the FBI gave raw materials about their Clinton email investigation to Congress. (Politico, 8/25/2016)

Gowdy’s claim contradicts what FBI Director James Comey said on July 5, 2016 when he announced that he would not recommend charging Clinton with any crime. At that time, Comey stated, “we found no evidence that any of the additional work-related emails were intentionally deleted in an effort to conceal them. Our assessment is that, like many email users, Secretary Clinton periodically deleted emails or emails were purged from the system when devices were changed.” (Federal Bureau of Investigation, 7/5/2016)

Within hours of Gowdy’s comments, BleachBit updates their website to say: “Last year when Clinton was asked about wiping her email server, she joked, ‘Like with a cloth or something?’ It turns out now that BleachBit was that cloth, according to remarks by Gowdy.” The website also notes, “As of the time of writing BleachBit has not been served a warrant or subpoena in relation to the investigation. … The cleaning process [of our program] is not reversible.” (BleachBit, 8/25/2016)

On September 2, 2016, the FBI’s final report on their Clinton email investigation will be released, and it will be revealed that BleachBit was used on Clinton’s server in late March 2015. (Federal Bureau of Investigation, 9/2/2016)

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 7, 2016: FBI Director James Comey writes a letter to FBI employees defending the FBI’s actions in its Clinton email investigation.

James Comey (Credit: Gary Cameron / Reuters)

James Comey (Credit: Gary Cameron / Reuters)

The letter is released to CNN on the same day, and publicly published in full. Addressing his decision not to recommend the indictment of Clinton, Comey writes, “At the end of the day, the case itself was not a cliff-hanger; despite all the chest-beating by people no longer in government, there really wasn’t a prosecutable case.”

CNN also reports that over the past several weeks, “Comey has met with groups of former FBI agents as part of his routine visits to field offices around the country. In at least one recent such meeting, according to people familiar with the meeting, former agents were sharply critical of the FBI’s handling of the Clinton probe and particularly the decision to not recommend charges against Clinton. Comey gave the meeting participants a similar answer about the case not being a cliff-hanger.” (CNN, 9/7/2016)

A later CNN article will identify the particularly contentious meeting as taking place in Kansas City. (CNN, 11/2/2016)

In the letter, Comey also defends his decision to release the FBI’s final report on the investigation (with significant redactions). That was a highly unusual move, because that usually only happens after an indictment or conviction. He makes a particular point to defend the timing of the report’s release, as it came out on a Friday afternoon just before the three-day Labor Day weekend.

He concludes the letter: “Those suggesting that we are ‘political’ or part of some ‘fix’ either don’t know us, or they are full of baloney (and maybe some of both).” (CNN, 9/7/2016) (CNN, 9/7/2016)

September 7, 2016: FBI Director Comey defends the timing of the release of the FBI Clinton email investigation’s final report.

On September 6, 2016, House Speaker Paul Ryan complains how the report was release on the Friday afternoon before a three-day weekend.

The next day, FBI Director James Comey writes a letter to FBI staff that is immediately published in full by CNN.  In it, he asserts that the review process allowing the report’s public release was finished on a Friday morning, September 2, 2016,  so he published it later that same day.

He goes on to say, “I almost ordered the material held until [the next] Tuesday because I knew we would take all kinds of grief for releasing it before a holiday weekend, but my judgment was that we had promised transparency and it would be game-playing to withhold it from the public just to avoid folks saying stuff about us. We don’t play games. So we released it Friday. We are continuing to process more material and will release batches of documents as they are ready, no matter the day of the week.” (CNN, 9/7/2016) (CNN, 9/7/2016)

September 14, 2016: The US intelligence community has declined to conduct a required damage assessment caused by the classified information on Clinton’s private email server.

Joel Melstad, spokesperson for the of the Office of the Director of National Intelligence (ODNI), says, “ODNI is not leading an [intelligence community]-wide damage assessment and is not aware of any individual IC element conducting such formal assessments.”

Most of the above “top secret” emails sent or received on Clinton’s server related to the US drone program in Pakistan. According to the Washington Free Beacon, Director of National Intelligence James Clapper “agreed with security officials who argued against the need to carry out the damage assessment. Intelligence officials argued in internal discussions that since many details of the drone missile program targeting terrorists were disclosed in earlier leaks unrelated to Clinton’s use of a personal email server, gauging the damage done by her conduct would be difficult, and possibly unnecessary.”

However, “Other officials said Clapper’s decision appeared based on political considerations and was an effort to avoid embroiling American intelligence agencies in charges they were attempting to influence the outcome of Clinton’s bid for the White House.”

Representative Mike Pompeo (Credit: Politico)

Representative Mike Pompeo (Credit: Politico)

A June 2014 counterintelligence directive, ICD-732, states that “damage assessments shall be conducted when there is an actual or suspected unauthorized disclosure or compromise of classified national intelligence that may cause damage to US national security.”

Representative Mike Pompeo (R) says, “FBI Director [James] Comey has made clear that there was highly classified and sensitive information on Secretary Clinton’s personal server. It is imperative that [a damage assessment] be conducted to determine what harm to American national security may have occurred and, just as importantly, to prevent the massive mishandling of sensitive materials from ever happening again.”

Angelo Codevilla (Credit: public domain)

Angelo Codevilla (Credit: public domain)

Angelo Codevilla, a former US intelligence officer, says, “Common sense, the intelligence community’s standard practice, as well as a 2014 directive, require assessing the damage done by any such compromise.” She also asserts that Comey’s “vague and evasive” comments regarding Clinton’s handling of classified information confirm that a significant number of secrets were compromised.

Michelle VanCleave (Credit: public domain)

Michelle Van Cleave (Credit: public domain)

Michelle Van Cleave, a former national counterintelligence executive, similarly asserts, “Whenever there is a significant compromise of national security information, as the FBI’s report confirms happened here, it is essential to conduct an assessment of the damage in order to protect plans, programs, or lives that may be at risk.” There have been reports that Clinton’s emails revealed the names of some undercover CIA officers as well.

Kenneth deGraffenreid (Credit: The Institute of World Politics)

Kenneth deGraffenreid (Credit: The Institute of World Politics)

Kenneth deGraffenreid, a former deputy national counterintelligence executive, says, “Intelligence agencies hate conducting damage assessments that could show people that somebody did something wrong, or improper, or did it poorly. They never want that known. It’s a bureaucracy that does one thing: protects itself.”

He says Congress should force the intelligence community to conduct the damage assessment, since it will find no political advantage in doing it voluntarily.

However, the Free Beacon reports, “Congressional sources said the House and Senate intelligence oversight committee are reluctant to require the damage assessment since it would codify in writing the false claim that no damage was caused to the drone program by the compromise of secrets by Clinton and her aides.” (The Washington Free Beacon, 9/14/2016)

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)

 

September 20, 2016: Congressional Republicans issues a subpoena to FBI Director James Comey.

Representative Lamar Smith (Credit: NYT)

Representative Lamar Smith (Credit: NYT)

Representative Lamar Smith (R), chair of the House Committee on Science, Space, and Technology, issues a subpoena to FBI Director James Comey for documents and information related to the security of former Clinton’s private email account and server. The committee requested these documents in a September 9, 2016 letter. Comey has yet to turn over any of the requested documents. The subpoena orders him to provide the documents by September 26, 2016.

Smith’s committee has jurisdiction to evaluate the “way in which Executive Branch departments and agencies and private entities can improve their cybersecurity.” (US Congress, 9/20/2016)

September 28, 2016: Comey isn’t sure if the FBI was aware of Paul Combetta’s Reddit posts and won’t comment if Combetta committed a crime by deleting them.

When FBI Director James Comey answers questions before a House Judiciary Committee public hearing, two of the committee members ask him key questions about Paul Combetta, the Platte River Networks (PRN) employee who helped manage Clinton’s private server.

Darrell Issa (Credit: Jeff Malet)

Darrell Issa (Credit: Jeff Malet)

Representative Darrell Issa (R) asks: “Director, I have a lot of concerns but one of them refers to Reddit. At the time that the Department of Justice at your behest, or your involvement, gave Paul Combetta immunity, did you do so knowing about all of the posts he had on Reddit…?”

Comey replies: “I am not sure sitting here. My recollection is and I’ll check this and fix it if I am wrong, that we had some awareness of the Reddit posts, I don’t know whether our folks had read them all or not. We had a pretty good understanding of what we thought he had done, but that is my best recollection.”

Issa then asks: “OK, in the last week, [Combetta] has been deleting [his] Reddit posts. Is that consistent with preserving evidence? … You know, I guess my question to you is, is he destroying evidence relevant to Congressional inquiries? And I will answer it for you: yes he is. And what are you going to do about it?”

Comey answers, “That’s not something I can comment on.”

Bob Goodlatte (Credit: Jacquelyn Martin / The Associated Press)

Bob Goodlatte (Credit: Jacquelyn Martin / The Associated Press)

Later in the same hearing, committee chair Representative Bob Goodlatte (R), similarly asks: “Paul Combetta, with PRN, posted to Reddit, asking how to strip out a VIP’s, very VIP email address from a bunch of archived email. … This clearly demonstrates actions taken to destroy evidence by those operating Sec Clinton’s private server and by her staff.  … [W]as the FBI aware of this Reddit post prior to offering Mr. Combetta immunity on May 3, 2016?”

Comey responds, “I am not sure. I know that our team looked at it. I don’t know whether they knew about it before then or not.” (House Judiciary Committee, 09/28/2016)

September 28, 2016: FBI Director James Comey denies Paul Combetta attempted to cover up Clinton’s emails.

In a House Judiciary Committee hearing, Comey comments on a July 2014 Reddit post by Paul Combetta, a Platte River Networks employee who helped manage Clinton’s private server.

Comey says, “Our team concluded that what he was trying to do was when they produced emails not have the actual address but have some name or placeholder instead of the actual dot-com address in the ‘From:’ line.” As a result, the FBI believes Combetta was not engaged in a secret cover-up when he used his “stonetear” alias on the Reddit website to ask for a tool that could delete Clinton’s email address throughout a large file.

However, Republican lawmakers believe Combetta’s Reddit post reveals an effort to hide Clinton’s emails from investigators. For example, committee chair Bob Goodlatte (R) says he believes it was “obviously part of a cover-up. … This clearly demonstrates an action to destroy evidence by people operating Clinton’s private server and her staff.” (Politico, 09/28/2016)

September 28, 2016: Comey suggests he didn’t try to get subpoena power for the Clinton email investigation in order to complete it faster.

Representative Tom Marino (Credit: Getty Images)

Appearing before the House Judiciary Committee, Representative Tom Marino (R) asks FBI Director James Comey why he made immunity deals with key figures in the Clinton email investigation instead of using subpoena power. In particular, he wants to know why deals were made to get access to the laptops of Clinton’s lawyers Cheryl Mills and Heather Samuelson.

Comey replies, “Anytime you’re talking about the prospect of subpoenaing a computer from a lawyer, it involves the lawyer’s practice of law, you know you’re getting into a big Megillah.”

Marino, who was a district attorney and US attorney before being elected to Congress, then asks, “I understand that, clearly. Why did you not decide to go to an investigative grand jury? It would have been cleaner, it would have been much simpler, and you would have had more authority to make these witnesses testify. Not the target, but the witnesses testify. That seems the way to go, Director. We’ve done it thousands of times. This was just too convoluted.”

Comey replies, “Again, I need to steer clear of talking about grand jury use in a particular matter. In general, in my experience, you can often do things faster with informal agreements, especially when you’re interacting with lawyers. In this particular investigation, the investigative team really wanted to get access to the laptops that were used to sort these emails. Those are lawyers’ laptops. That is a very complicated thing. I think they were able to navigate it pretty well to get us access.”

Later in the hearing, Comey adds that the investigation “couldn’t be concluded professionally without doing our best to figure out what was on those laptops. So, getting the laptops was very important to me and to the investigative team.” (Politico, 11/1/2016) (C-SPAN, 9/28/2016)

In contradiction to his answer on this day, in April 2016, he said of the investigation, “The urgency is to do it well and promptly. And ‘well’ comes first.” And in May 2016, he said “I don’t tether to any external deadline” to finish the investigation, such as the Democratic convention in July 2016.

September 28, 2016: FBI Director James Comey defends the FBI and claims “we are not weasels.”

In a surprising moment during FBI Director James Comey’s testimony to the House Judiciary Committee, he defends the character and integrity of the FBI officials who took part in the FBI’s Clinton investigation.

FBI Director Comey passionately defends his agents to the House Oversight Committee on September 28, 2016. (Credit: CSpan)

FBI Director Comey defends his agents before the House Oversight Committee. (Credit: CSpan)

Representative Sheila Jackson-Lee (D) asks, “The foot soldiers, your agents on the ground, you take issue with whether or not they were compromised or they were adhering to somebody elses message. Is that what you’re saying?”

Comey answers, “You can call us wrong, but don’t call us weasels. We are not weasels. We are honest people and … whether or not you agree with the result, this was done the way you want it to be done.”

Politico describes the impassioned moment, “The normally stoic FBI chief grew emotional and emphatic as he rejected claims from Republican lawmakers that the FBI was essentially in the tank for Clinton when it recommended that neither she nor any of her aides be prosecuted in connection with the presence of classified information on Clinton’s private email server. He acknowledged he has ‘no patience’ for such allegations.”(Politico, 09/28/2016)

September 28, 2016: When asked if he would reopen the Clinton email investigation, Comey says he “would certainly look at any new and substantial information.”

Representative Lamar Smith (Credit: public domain)

Representative Lamar Smith (Credit: public domain)

During an appearance before a Congressional committee, FBI Director James Comey is questioned by Representative Lamar Smith (R): “[W]ould you reopen the Clinton [email] investigation if you discovered new information that was both relevant and substantial?”

Comey replies, “It is hard for me to answer in the abstract. We would certainly look at any new and substantial information.”

Smith then asks, “In general – and let’s personalize it – in general, if you discover new information that was substantial and relevant, you would reopen an investigation, would you not?”

Comey replies, “Again, even in general I don’t think we can answer that in the abstract. What we can say is that any investigation if people have new and substantial information we would like to see it so we can make an evaluation.” (US Congress, 9/28/2016)

Exactly one month later, on October 28, 2016, Comey will announce that he is at least partially reopening the investigation, due to newly discovered emails.

September 28, 2016: FBI Director James Comey thinks Paul Combetta is the Reddit user “stonetear.”

Representative Steve King (Credit: Charlie Neibergall / The Associated Press)

Representative Steve King (Credit: Charlie Neibergall / The Associated Press)

FBI Director James Comey says he thinks Paul Combetta, the Platte River Networks employee who helped manage Clinton’s private server, is the Reddit user “stonetear.” In a House Oversight and Government Reform Committee public hearing, Comey is asked by Representative Steve King (R), “Listening in the exchange between yourself and [Representative Darrell] Issa, I would just like to confirm that you were confirming that Mr. Combetta made the Reddit posts?”

Comey replies, “I’m not confirming it. I think he did, it is my understanding. That’s my understanding, I think he did. I haven’t dug into it myself. I’ve been focused on other things as we’ve been talking about, but I think that’s right.” (CSpan 01:27:39, 09/28/2016)

October 3, 2016: The FBI seizes the electronic devices of Huma Abedin’s husband in a sex scandal case, which will lead to the reopening of the Clinton email investigation.

Anthony Weiner takes a selfie from his image in a mirror. (Credit: Daily Mail)

Anthony Weiner takes a selfie from his image in a mirror. (Credit: Daily Mail)

Huma Abedin, a top aide to Clinton and her former deputy chief of staff, is married to Anthony Weiner, a former Congressperson who has been beset by two “sexting” scandals, in which it was publicly revealed he sent sexual text messages to other women. On August 28, 2016, the New York Post reported that Weiner had been caught in his third sexting scandal. The next day, Abedin announced she is separating from him and divorcing him. (The New York Post, 8/28/2016)

On September 21, 2016, the Daily Mail further revealed that the still unnamed woman he’d been sexting with in recent months in fact was only 15 years old. (The Daily Mail, 9/21/2016)

This raised the possibility that Weiner could face serious federal criminal charges, especially if the girl lives in a different state, which it turns out she does. (Rolling Stone, 9/22/2016)

As a result, after the Daily Mail article, top federal prosecutors in New York (where Weiner lives) and North Carolina (where the unnamed girl lives) fought over who would get to prosecute the case. The Justice Department gave the case to Preet Bharara, a US attorney in New York.

The New York Times will later report that also in late September 2016, “agents in the FBI’s New York field office understood that the Weiner investigation could possibly turn up additional emails related to Mrs. Clinton’s private server, according to a senior federal law enforcement official.”

On the same day Anthony Weiner's electronic devices were seized, the Clinton campaign team are on their way to a rally in Akron, OH on October 3, 2016. (Credit: Agence France Presse / Getty Images)

On the same day Anthony Weiner’s electronic devices are seized, the Clinton campaign team are on their way to a rally in Akron, OH on October 3, 2016. (Credit: Agence France Presse / Getty Images)

Then, on October 3, 2016, the FBI seizes several electronic devices owned by Weiner, including a computer laptop, his iPhone, and his iPad. Several days later, FBI agents also confiscate a Wi-Fi router that could identify any other devices that he had used. This is also according to an unnamed US law enforcement official.

When FBI agents search the seized devices, they find thousands of emails sent to or from Abedin on the laptop, because apparently it was used by both Abedin and Weiner before they separated. According to unnamed “senior law enforcement officials,” some of the emails are sent between Abedin and other Clinton aides. However, only FBI agents and Justice Department prosecutors directly involved in the Weiner investigation can look at the evidence, and those who took part in the Clinton email investigation, closed in July 2016, do not have the legal authority, at least not yet.

FBI Director James Comey will learn about the emails in mid-October 2016. He will be brief October 27, 2016, and he will write a letter to Congress the next day announcing that he is reopening the Clinton email investigation at least long enough to determine the possible relevance of the emails to the Clinton case. (The New York Times, 10/29/2016)

October 3, 2016—October 28, 2016: FBI agents investigating a sex scandal find evidence that could be relevant to the Clinton email investigation, and superiors grant permission to reopen that investigation.

One of many text messages between Weiner and the underage girl. (Credit: Daily Mail)

One of many text messages between Weiner and the underage girl. (Credit: Daily Mail)

On October 3, 2016, FBI agents investigating the possible sending of sexually charged messages to a teenage minor by former Representative Anthony Weiner, seize Weiner’s computer laptop. Agents soon discover that the laptop contains 650,000 emails, and many of them belong to Huma Abedin, who is a top Clinton aide as well as Weiner’s wife (although they recently separated).

The FBI agents notify Andrew McCabe, the second highest ranking FBI official, about this. They suggest some emails could be previously unknown to the FBI’s Clinton email investigation, which was closed in July 2016. In an initial review, metadata shows that thousands of emails were sent to or from the private email server that formerly hosted private email accounts of Clinton and Abedin. However, the FBI has searched the laptop looking for child pornography, and the search warrant used doesn’t give them the authority to look for evidence related to the Clinton email investigation.

Andrew McCabe (Credit: Jennifer Hill / FBI

Andrew McCabe (Credit: Jennifer Hill / FBI

Senior FBI officials allow the Weiner investigators to proceed with a closer examination of the metadata on the computer, and then report back.

FBI Director James Comey is first told about the emails around the middle of October 2016.

Around October 25, 2016, senior Justice Department and FBI officials are given an update on the Weiner laptop.

McCabe tells agents working on the Weiner investigation to talk to agents who worked on the Clinton email investigation and decide whether the laptop’s contents could be relevant to their work. The Clinton email investigation agents agree the emails could be potentially relevant. However, no warrant has yet been pursued to give them legal permission to look at the emails.

On October 27, 2016, Comey is given an updated briefing on the situation, and he decides to inform Congress that the FBI’s Clinton email investigation is being reopened. He does so one day later, even though Justice Department officials strongly object to making such an announcement only 11 days before the 2016 US presidential election. The necessary warrant is obtained two days later. (The Wall Street Journal, 10/30/2016)

October 6, 2016: FBI insiders are highly critical of Comey’s handling of the Clinton email investigation.

A New York Post article claims that “[v]eteran FBI agents say FBI Director James Comey has permanently damaged the bureau’s reputation for uncompromising investigations with his ‘cowardly’ whitewash of former Secretary of State Hillary Clinton’s mishandling of classified information using an unauthorized private email server.”

Dennis Hughes, a retired head of the FBI’s computer investigations unit, is critical that the FBI agreed to certain ground rules in some key interviews. For instance, certain topics were deemed off limits when Cheryl Mills was interviewed. Hughes says, “In my 25 years with the bureau, I never had any ground rules in my interviews.” He also comments about the investigation in general, “The FBI has politicized itself, and its reputation will suffer for a long time. I hold Director Comey responsible.”

Retired FBI agent Michael Biasello says, “Comey has single-handedly ruined the reputation of the organization.” He also says the special treatment given Clinton and her aides was “unprecedented, which is another way of saying this outcome was by design.” He calls Comey’s decision not to recommend any indictment “cowardly.”

Biasello further comments, “Each month for 27 years, I received oral and computer admonishments concerning the proper protocol for handling top secret and other classified material, and was informed of the harsh penalties, to include prosecution and incarceration,” for mishandling such material. “Had myself or my colleagues engaged in behavior of the magnitude of Hillary Clinton, as described by Comey, we would be serving time in Leavenworth.”

I.C. Smith (Credit: public domain)

I.C. Smith (Credit: public domain)

I. C. Smith worked at FBI headquarters as a section head in the National Security Division, then was head of the FBI office in Little Rock, Arkansas. He says, “FBI agents upset with Comey’s decision have every reason to feel that way. Clearly, there was a different standard applied to Clinton.”

He adds, “I have no doubt resourceful prosecutors and FBI agents could have come up with some charge that she would have been subject to prosecution. What she did is absolutely abhorrent for anyone who has access to classified information.” He suggests that Congress should subpoena agents to testify about the directions given by Comey and their supervisors. “It would be interesting to see what the results would be if those involved with the investigation were questioned under oath.”

The 25 or so agents who worked on the case cannot make any public comments, even anonymously, because they were forced to sign nondisclosure agreements and take lie detector tests. But other active agents are critical. For instance, an unnamed FBI agent still working in the Washington field office says, “The director is giving the bureau a bad rap with all the gaps in the investigation. There’s a perception that the FBI has been politicized and let down the country.” (The New York Post, 10/6/2016)

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)

Mid-October 2016: Comey is first told that FBI investigators have discovered previously unknown emails belonging to Clinton aide Huma Abedin.

One of many text messages Weiner sent to an under-aged girl. (Credit: The Daily Mail)

One of many text messages Weiner sent to an under-aged girl. (Credit: The Daily Mail)

On October 3, 2016, FBI agents seized the computer and mobile devices of former Congressperson Anthony Weiner (D) as part of an investigation into him allegedly sending sexual text messages to an underaged girl. FBI agents soon came to believe that thousands of emails on his computer were actually sent or received by his wife and top Clinton aide Huma Abedin and thus might be relevant to the recently closed FBI Clinton email investigation.

According to CNN on October 31, 2016, “By mid-October, [FBI Director James] Comey learned investigators in the Weiner case might have found something that could have an impact on the now-closed probe into Hillary Clinton’s private email server, according to one law enforcement official. Comey was told investigators were still trying to figure out how many emails existed and their pertinence to the Clinton probe.”

Comey will then be given a full briefing with updated information on October 27, 2016. Based on that briefing, he will send a letter to Congress the next day announcing that he is reopening the investigation due to the new evidence. (CNN, 10/31/2016)

October 17, 2016: It is alleged two disgruntled FBI agents complain about Comey’s handling of the FBI’s Clinton email investigation.

The Daily Caller claims to have a transcript of two active FBI agents who were interviewed by an intermediary on October 14, 2016. Both of them are very critical of the way FBI Director James Comey handled the FBI’s Clinton email investigation.

One unnamed FBI agent “who has worked public corruption and criminal cases” says, “This is a textbook case where a grand jury should have convened but was not. That is appalling. We talk about it in the office and don’t know how Comey can keep going.”

The Clinton family home in Chappaqua, New York. (Credit: Kathy Willens / The Associated Press)

The Clinton family home in Chappaqua, New York. (Credit: Kathy Willens / The Associated Press)

This agent also complains, “We didn’t search their house [the Clinton residence in Chappaqua, New York]. We always search the house. The search should not just have been for private electronics, which contained classified material, but even for printouts of such material. … There should have been a complete search of their residence. That the FBI did not seize devices is unbelievable. The FBI even seizes devices that have been set on fire.”

A different unnamed FBI agent who has “worked counter-terrorism and criminal cases” says he was offended by Comey saying: “we” and “I’ve been an investigator.” This agent points out, “Comey was never an investigator or [FBI] agent. The special agents are trained investigators and they are insulted that Comey included them in ‘collective we’ statements in his testimony to imply that the [agents] agreed that there was nothing there to prosecute. All the trained investigators agree that there is a lot to prosecuted, but he stood in the way. … The idea that [the investigation] didn’t go to a grand jury is ridiculous.”

Joseph DiGenova (Credit: public domain)

Joseph DiGenova (Credit: public domain)

Joseph DiGenova, a former US attorney for the District of Columbia, says, “People [inside the FBI] are starting to talk. They’re calling their former friends outside the bureau asking for help. We were asked today to provide legal representation to people inside the bureau and agreed to do so and to former agents who want to come forward and talk. Comey thought this was going to go away. It’s not. People inside the bureau are furious. They are embarrassed. They feel like they are being led by a hack but more than that that they think he’s a crook. They think he’s fundamentally dishonest. They have no confidence in him.” (The Daily Caller, 10/17/2016)

October 25, 2016: Rudy Giuliani seemingly predicts Comey’s bombshell reopening of the Clinton email investigation, leading to calls he should be investigated for taking part in leaks.

Rudy Giuliani appears on Fox News, on November 4, 2016. (Credit: Fox News)

Rudy Giuliani says in a Fox News interview that Republican presidential nominee Donald Trump had “a surprise or two that you’re going to hear about in the next two days. I’m talking about some pretty big surprise.”

Pressed for specifics, he says he’s “got a couple of things up our sleeve that should turn this thing around.” Giuliani is a former US attorney, former mayor of New York City, and a frequent media surrogate for the Trump campaign. (Real Clear Politics, 10/25/2016)

Three days after his comments, FBI Director James Comey will send a letter to Congress announcing that the FBI’s Clinton email investigation is being at least partially reopened, due to the discovery of new evidence.

As a result of this sequence of events, Democratic Representatives Elijah Cummings and John Conyers will call for an investigation into a possible leak of confidential information to Giuliani.

Megyn Kelly (Credit: Fox News)

On November 4, 2016, Fox News journalist Megyn Kelly will ask Giuliani about this controversy. He will say, “You can investigate me. I spoke to no current FBI agents ever in the last ten months. I’ve had no communication with them.” He says he has spoken to many former FBI agents though, but he was only told they were “in revolt” since July 2016 when Comey announced he wasn’t going to recommend the indictment of Clinton.

Giuliani will claim he was talking about Trump’s planned television advertising over the weekend.

Kelly will comment, “That would have been kind of lame. You should have been glad that something bigger came out to not make a liar out of you.”

He will then say, “I had no idea that Jim Comey was going to do what he did. Not the slightest idea.” (Fox News, 11/4/2016)

On a different interview the same day, with Fox News journalist Brian Kilmeade, Giuliani will say, “All I heard were former FBI agents telling me that there’s revolution going on inside the FBI and it’s now at a boiling point…”

Kilmeade will interrupt, “So you had a general idea that something was coming.”

Giuliani will respond, “I had expected this for the last, honestly to tell you the truth, I thought it was going to be about three or four weeks ago, because back, way back in July [2016] this started, they kept getting stymied looking for subpoenas, looking for records.”

The Washington Post will comment, “The answer suggests Giuliani is claiming to have known not of the development in the Clinton email case, but of [general FBI agent] frustration over the Clinton Foundation matter.” (The Washington Post, 11/4/2016)

The FBI Agents Association Logo (Credit: public domain)

The FBI Agents Association Logo (Credit: public domain)

However, in contradiction to Giuliani’s claim “I spoke to no current FBI agents ever in the last ten months,” on October 28, 2016, hours after Comey’s letter is made public, Giuliani will say in a radio interview,  “The other rumor that I get is that there’s a kind of revolution going on inside the FBI about the original conclusion [not to charge Clinton] being completely unjustified and almost a slap in the face to the FBI’s integrity. I know that from former agents. I know that even from a few active agents.”

The Daily Beast will note that Giuliani “spent decades of his life as a federal prosecutor and then mayor working closely with the FBI, and especially its New York office. One of Giuliani’s security firms employed a former head of the New York FBI office, and other alumni of it.” Furthermore, his former law firm has long been general counsel to the FBI Agents Association (FBIAA), which represents 13,000 former and current agents. (The Daily Beast, 11/2/2016)

October 27, 2016: Comey is briefed and decides to announce the reopening of the FBI’s Clinton email investigation, but Justice Department officials are strongly opposed.

Abedin and Weiner leave their home separately, the day before the sexting scandal broke in September, 2016. (Credit: The Daily Mail)

Abedin and Weiner leave their home separately, the day before the sexting scandal broke in September, 2016. (Credit: The Daily Mail)

In early October 2016, FBI agents discovered 650,000 emails on a computer owned by Anthony Weiner, the husband of top Clinton aide Huma Abedin. Though the agents were investigating Weiner for something unrelated, they eventually brief FBI agents who had worked on the recently closed FBI Clinton email investigation, and those agents say they would like to have the legal permission to look at the emails themselves.

Apparently, FBI Director James Comey first learns about the emails in mid-October 2016. Then he is given an updated briefing about it on this day. He decides he should immediately inform Congress about the development, even though the 2016 US presidential election is less than two weeks away. He does so in a letter sent one day later, which immediately becomes public.

However, Justice Department officials are opposed. According to the New York Times, “Senior Justice Department officials did not move to stop him from sending the letter, officials said, but they did everything short of it, pointing to policies against talking about current criminal investigations or being seen as meddling in elections.”

James Comey (Credit: Getty Images)

James Comey (Credit: Getty Images)

According to the Times, Comey decides to write his letter “before agents even began reading the newly discovered emails to determine whether they contained classified information or added new facts to the case.” This puzzles Justice Department officials. Apparently, some agents were only able to analyze the metadata.

It has long been Justice Department and FBI policy that politics should play no role in any investigative decisions. This is particularly emphasized for any actions taken within 60 days prior to an election. (The New York Times, 10/29/2016)

One unnamed “US official familiar with the matter” tells Yahoo News that senior officials “strongly discouraged” Comey from sending the letter, due to that department policy, adding, “He was acting independently of the guidance given to him.” One government source says that high-ranking Justice Department officials are “apoplectic” about the letter.

However, after listening to the Justice Department’s concerns, Comey concludes that the ramifications of not telling Congress promptly about the new emails far outweigh concerns about the department guidelines. He fears if he doesn’t immediately alert Congress, the FBI’s work will leak to the media and he will be accused of concealing information. If the news comes out before the election, he will be accused of trying to influence the election one way, but if it comes out after the election, he will be accused of trying to influence it the other way. One unnamed senior official says, “This was the least bad choice.”

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George J. Terwilliger III (Credit: McGuire Woods)

Many will criticize Comey for the letter, including some Republicans. For instance, George J. Terwilliger III, a deputy attorney general under President George Bush (R), says, “There’s a longstanding policy of not doing anything that could influence an election. Those guidelines exist for a reason. Sometimes, that makes for hard decisions. But bypassing them has consequences. There’s a difference between being independent and flying solo.” (The New York Times, 10/29/2016) (Yahoo News, 10/29/2016)

Politico reports that according to an unnamed “official familiar with the discussions,” Attorney General Loretta Lynch does not speak directly with Comey about the issue. However, her concerns are conveyed to him before he sends the letter. In late June 2016, Lynch pledged to recuse herself from the email investigation after she was seen having a private discussion with Bill Clinton. (Politico, 10/31/2016)

October 28, 2016: Comey reveals the Clinton email investigation is at least partially reopened due to the discovery of Huma Abedin emails in an unrelated case, shocking the US presidential race just 11 days before the election.

FBI Director James Comey sends a letter to eight Congressional committees, informing them that emails relevant to the Clinton email investigation have surfaced in another unrelated case, causing at least a partial reopening of the investigation. This is a major political shock and an unprecedented action, since it comes just 11 days before the US presidential election.

Huma Abedin and husband Anthony Weiner (Credit: Elinor Carucci / Vanity Fair)

Huma Abedin and Anthony Weiner (Credit: Elinor Carucci / Vanity Fair)

Huma Abedin, one of Clinton’s longtime close aides and her deputy chief of staff during her tenure as secretary of state, is married to Anthony Weiner, a former Democratic Congressperson. However, she is estranged from him and began divorce proceedings against him two months earlier, due to his repeated sex scandals. In his most recent scandal, it is alleged he sent illicit text messages to a 15-year-old girl. This led to an FBI investigation, and his computer and electronic devices were seized by the FBI on October 3, 2016. When his computer was examined, it was determined that it had been used by both Abedin and Weiner, and thousands of Abedin’s emails were found that could be relevant to the Clinton email investigation. That discovery in turn led to Comey being briefed on October 27, 2016, and then his surprise announcement one day later.

The New York Times reports calls Comey’s letter an “October surprise” that has “rocked” the 2016 presidential race. It has “left Mrs. Clinton’s team furious and scrambling for explanations while bolstering the spirits of Donald J. Trump after a wave of controversies and Republican defections had led many to write him off.”

Comey writes a very short letter that fails to mention many details. It states, in full: “In previous Congressional testimony, I referred to the fact that the Federal Bureau of Investigation (FBI) had completed its investigation of former Secretary Clinton’s personal email server. Due to recent developments, I am writing to supplement my previous testimony.”

James Comey (Credit: public domain)

James Comey (Credit: public domain)

“In connection with an unrelated case, the FBI has learned the existence of emails that appear to be pertinent to the investigation. I am writing to inform you that the investigation team briefed me on this yesterday, and I agreed that the FBI should take appropriate investigative steps designed to allow investigators to review these emails to determine whether they contain classified information, as well as to access their importance to our investigation.

“Although the FBI cannot yet assess whether or not this material may be significant, and I cannot predict how long it will take us to complete this additional work, I believe it is important to update your committees about our efforts in light of my previous testimony.” (The New York Times, 10/28/2016) (The New York Times, 10/28/2016)

Later the same day, Comey also sends a short letter to all FBI officials, explaining his decision to send the letter. It is immediately leaked to the public. In it, he says, “Of course, we don’t ordinarily tell Congress about ongoing investigations, but here I feel an obligation to do so given that I testified repeatedly in recent months that our investigation was completed. I also think it would be misleading to the American people were we not to supplement the record. At the same time, however, given that we don’t know the significance of this newly discovered collection of emails, I don’t want to create a misleading impression.  In trying to strike that balance, in a brief letter and in the middle of an election season, there is significant risk of being misunderstood, but I wanted you to hear directly from me about it.” (The Washington Post, 10/28/2016)

The New York Times further reveals that Comey was only briefed about the emails the day before, and they have not yet been closely examined. “A senior law enforcement official said that tens of thousands of emails belonging to Ms. Abedin were on Mr. Weiner’s laptop…” However, “Senior law enforcement officials said that it was unclear if any of the emails were from Mrs. Clinton’s private server.” It is also unknown how many could be duplicates of previously known emails. (The New York Times, 10/28/2016)

The Washington Post reports, “The correspondence included emails between Abedin and Clinton, according to a law enforcement official.” (The Washington Post, 10/28/2016)

Clinton and other Democrats are highly critical of Comey’s letter while Trump and other Republicans praise it.

October 28, 2016: The White House allegedly gets no advance notice of Comey’s letter.

Eric Schultz (Credit: Pablo Martinez Monsivais / The Associated Press)

Eric Schultz (Credit: Pablo Martinez Monsivais / The Associated Press)

White House Deputy Press Secretary Eric Schultz speaks to reporters about FBI Director James Comey’s letter to Congress announcing that he is at least partially reopening the Clinton email investigation due to newly discovered emails. Schultz says, “We got it through press reports. We had that letter after it was made public, so we did not have advance warning.”

He adds, “The president’s expectation is that all FBI efforts follow the facts wherever they lead.” (Politico, 10/28/2016)

October 28, 2016: A Republican Representative leaks Comey’s letter to Congress.

Representative Jason Chaffetz (Credit: Jose Luis Magana / Reuters)

Representative Jason Chaffetz (Credit: Jose Luis Magana / Reuters)

On this day, FBI Director James Comey sends a letter to eight Congressional committees, revealing that the FBI is at least partially reopening the FBI’s Clinton email investigation due to newly discovered evidence.

Shortly thereafter, Representative Jason Chaffetz (R), chair of the House Oversight and Government Reform Committee, reveals in a Tweet: “FBI Dir [Director] just informed me, ‘The FBI has learned of the existence of emails that appear to be pertinent to the investigation.’ Case reopened.” The full text of Comey’s letter is leaked to the media a short time later that same day.

Three days later, Chaffetz comments, “I thought I would put it out there. People have a right to know. It was newsworthy. It caught me by surprise. … It is absolutely correct” that the investigation is being reopened, after concluding in July 2016. “They are spending time, money and resources investigating. Nobody knows where it’s going to lead, but the reality is, it is reopened.”

The Democratic Coalition Against Trump announces on October 31, 2016 that it has filed a complaint against Chaffetz with the Office of Congressional Ethics “for his role in releasing information” from Comey. The coalition has also lodged a complaint against Comey with the Justice Department, requesting an investigation into whether his letter violated the federal Hatch Act for taking a political action shortly before an election. (Deseret News, 10/31/2016)

October 28, 2016: Democrats criticize Comey’s announcement regarding the FBI’s discovery of new information relevant to the Clinton email investigation.

Diane Feinstein (Credit: Arno Burgi / Zuma)

Senator Diane Feinstein (Credit: Arno Burgi / Zuma)

Prominent Democratic politicians react to FBI Director James Comey’s announcement that the Clinton email investigation has been at least partially reopened due to the discovery of more emails in the possession of her aide Huma Abedin.

Clinton campaign chair John Podesta says, “Director Comey’s letter refers to emails that have come to light in an unrelated case, but we have no idea what those emails are and the director himself notes they may not even be significant. … It is extraordinary that we would see something like this just 11 days out from a presidential election.”

Donna Brazile, interim chair of the Democratic National Committee (DNC), says, “The FBI has a solemn obligation to remain neutral in political matters — even the faintest appearance of using the agency’s power to influence our election is deeply troubling.”

Senator Dianne Feinstein (D), says, “This is particularly troubling since so many questions are unanswered. … It’s unclear whether these emails have already been reviewed or if Secretary Clinton sent or received them. In fact, we don’t even know if the FBI has these emails in its possession.” (The New York Times, 10/28/2016)

October 28, 2016: Former FBI officials argue that Comey wouldn’t have reopened the Clinton email investigation so soon before the presidential election unless there was substantial new evidence.

After FBI Director James Comey reopens the FBI’s Clinton email investigation on October 28, 2016, there is much public debate why he would this given that there are only 11 days before the US presidential election. Politico reports that some FBI officials claim that it is “inconceivable to them that Comey would announce such a development because of some incremental or cumulative information in such a high-wattage case.”

One unnamed former FBI official says, “It never happens. Once you vacate a high-profile case, unless there’s some very significant omission, they won’t [reopen] it. … Comey’s not that way. He’s a very practical man. It must be something that goes to the substance. It can’t be cumulative. He’s not a grandstander… It’s not his style.”

Another unnamed “former high-ranking FBI official” says, “The only reason he’d do it is if he had something very pertinent. Certainly, 11 days before an election it could well affect the outcome. It just doesn’t make much sense without something very substantive.” (Politico, 10/28/2016)

October 28, 2016: Carl Bernstein says the FBI’s announcement must mean there is a “real bombshell” in the newly discovered evidence.

Carl Bernstein (Credit: public domain)

Carl Bernstein (Credit: public domain)

Reporter Carl Bernstein, best known for his reporting on the Watergate scandal, comments on the FBI’s surprise announcement that the FBI’s Clinton email investigation is being reopened. “We don’t know what this means yet except that it’s a real bombshell. And it is unthinkable that the director of the FBI [James Comey] would take this action lightly, that he would put this letter forth to the Congress of the United States saying there is more information out there about classified emails and call it to the attention of congress unless it was something requiring serious investigation.”

He also says, “Right now we’re all talking in a vacuum but I want to add here that in the last, oh, 36, 48 hours, there has been an undercurrent of kind of speculative discussion among some national security people that something might surface in the next few days about emails, and I think the expectation in this chatter — and I took it as just chatter but informed chatter, to some extent — was that it would relate to another round of WikiLeaks emails, which our Justice Department people seem to be saying is not the case, but there has been some noise in the national security community the last day or two of this kind of possibility of some kind of revelation.” (Real Clear Politics, 10/28/2016)

October 28, 2016: Clinton encourages Comey to release all the information the FBI has that led him to reopen the Clinton email investigation.

Clinton holds an unscheduled news conference to talk about FBI inquiries on October 28, 2016. (Credit: Andrew Harnik / The Associated Press)

Clinton holds an unscheduled press conference to talk about FBI inquiries on October 28, 2016. (Credit: Andrew Harnik / The Associated Press)

Clinton reacts to FBI Director James Comey’s announcement that the Clinton email investigation has been at least partially reopened due to the discovery of more emails in the possession of her aide Huma Abedin. Clinton says, “We are calling on the FBI to release all the information that it has. Let’s get it out.” (The New York Times, 10/28/2016) She adds, “We don’t know the facts, which is why we are calling on the FBI to release all the information that it has.” (Politico, 10/29/2016)

She also says, “We are 11 days out from perhaps the most important national election of our lifetimes. Voting is already underway in our country. So the American people deserve to get the full and complete facts immediately. We’ve heard these rumors. We don’t know what to believe. That is why it is incumbent on the FBI to tell us what they are talking about. Because right now your guess is as good mine, and I don’t think that is good enough.” (Politico, 10/28/2016)

The call for more information is bipartisan. For instance, Republican vice presidential candidate Mike Pence also urges the FBI to “immediately release all the emails pertinent to their investigation.” (The New York Times, 10/28/2016)

October 29, 2016: Clinton’s campaign intensifies its criticism of Comey’s decision to announce the reopening of the Clinton email investigation.

On October 28, 2016, FBI Director James Comey sent a letter to Congress revealing that the Clinton email investigation was being at least partially reopened, due to newly discovered emails. This was immediately leaked to the general public.

One day later, Clinton comments, “It’s pretty strange to put something like that out with such little information right before an election. In fact, it’s not just strange. It’s unprecedented. And it is deeply troubling.”

Robby Mook (left) and John Podesta at Clinton campaign Brooklyn, NY office. (Credit: Brooks Kraft / Politico.)

Robby Mook (left) and John Podesta at Clinton campaign headquarters in Brooklyn, New York. (Credit: Brooks Kraft / Politico.)

Her campaign chair John Podesta says, “Twenty-four hours after that letter was sent, we have no explanation why. No-one can separate what is true or is not because Comey has not been forthcoming with the facts.” He suggests that “by providing selective information, [Comey] has allowed partisans to distort and exaggerate to inflict maximum political damage.” He declines to say whether Comey should be retained as FBI director if Clinton wins.

Clinton’s campaign manager Robby Mook says that Comey “owes the public the full story or else he shouldn’t have cracked open this door in the first place.”

By contrast, Republican National Committee (RNC) spokesperson Michael Short says, “The Clinton campaign was happy to praise Director Comey when it was politically convenient, but now that the FBI has found thousands of new emails pertinent to their investigation, they’re attacking him and mischaracterizing his letter to Congress.” (Bloomberg News, 10/29/2016)

October 29, 2016—November 1, 2016: It is said there is “no chance” the FBI will be able to finish reviewing newly discovered emails before the US presidential election.

Anthony Weiner, texting in a park. (Credit: Daily Mail)

Anthony Weiner, texting in a park. (Credit: Daily Mail)

One day after FBI Director James Comey told Congress that he is at least partially reopening the FBI’s Clinton email investigation after more emails belonging to Clinton aide Huma Abedin were found, the New York Times reports that “Law enforcement officials have begun the process to get court authority to read the emails.” This is according to unnamed US government officials. FBI agents involved in the illicit texting case of Abedin’s husband Anthony Weiner found the emails and can read them, but the agents involved in renewed Clinton email investigation still cannot.

Some reports indicate there are tens of thousands of emails to be reviewed. As a result, “How soon they will get that [legal permission] is unclear, but there is no chance that the review will be completed before Election Day, several [unnamed] law enforcement officials said.” The 2016 US presidential election is only ten days away. (The New York Times, 10/29/2016)

One day later, USA Today reports, “Though the volume of emails is substantial… authorities have not completely ruled out the possibility of completing the review by Election Day.” (USA Today, 10/30/2016)

But one day after that, Politico reports, “[I]t seems impossible that a full analysis will be completed by Election Day… because if potentially classified messages that haven’t been found before are located, they will have to be farmed out to various intelligence agencies for classification review. That interagency process often takes months.” (Politico, 10/31/2016)

October 29, 2016: Former Democrat and Republican number two Justice Department officials criticize Comey’s announcement.

Jamie Gorelick (left) Larry Thompson (right) (Credit: public domain)

Jamie Gorelick (left) Larry Thompson (right) (Credit: public domain)

Jamie Gorelick was deputy attorney general under President Bill Clinton and is supporting Hillary Clinton for president. Larry Thompson held the same position under President George W. Bush and is has criticized Republican nominee Donald Trump. Deputy attorney general is the second highest position in the Justice Department. Together, they write an editorial in the Washington Post with the title: “James Comey is damaging our democracy.”

They are upset at FBI Director Comey for violating the Justice Department tradition not to make any moves that could have a political effect in the 60 day period before an election, with his October 28, 2016 announcement. (The FBI is part of the department.)

Their editorial concludes, “As it stands, we now have real-time, raw-take transparency taken to its illogical limit, a kind of reality TV of federal criminal investigation. Perhaps worst of all, it is happening on the eve of a presidential election. It is antithetical to the interests of justice, putting a thumb on the scale of this election and damaging our democracy.” (The Washington Post, 10/29/2016)

October 29, 2016: Both Republican and Democratic senators want more information from the FBI about the reopening of the Clinton email investigation.

On October 28, 2016, FBI Director James Comey sent a letter to eight Congressional committees, revealing that the FBI’s Clinton email investigation is being at least partially reopened due to the discovery of potentially relevant new evidence. But his letter is only three paragraphs long and is very vague. Subsequent media reports say the evidence is newly discovered emails belonging to top Clinton aide Huma Abedin.

Senators who sign the letter are from left to right

Democratic Senators who wrote to Lynch and Comey are from left to right, Patrick Leahy, Thomas Carper, Dianne Feinstein, and Benjamin Cardin. (Credit: public domain)

The next day, four Democratic senators – Patrick Leahy, Thomas Carper, Dianne Feinstein, and Benjamin Cardin – write a letter to Attorney General Loretta Lynch and Comey, asking for more information. They want to know, by October 31, 2016, more details of the investigative steps being taken, the number of emails involved, how many of the emails are duplicates of those already known.

Republican Senator Ron Johnson, chair of the Senate Homeland Security and Governmental Affairs Committee, writes a similar letter to Comey. “In line with your commitment to be transparent with Congress and the public, I respectfully request that the FBI provide as much information as possible about these new developments without harming the integrity of its ongoing investigation.” (The Washington Post, 10/29/2016)