Shortly After February 1, 2013: Clinton apparently leaves the State Department without signing a required form stating that she returned all her work-related documents.

All State Department officials are required to sign a form when they leave office stating that they returned all their work-related documents back to the government. Although Clinton becomes a private citizen after ending her term as secretary of state on February 1, 2013, there is no evidence she signs such a form. Those who sign the OF-109 form acknowledge they could be subject to “criminal penalties” for not turning over the documents.

In March 2015, Jen Psaki, a State Department spokesperson, will say, “We have reviewed Secretary Clinton’s official personnel file and administrative files and do not have any record of her signing the [form]. […] I think we’re fairly certain she did not.” Psaki also notes that Clinton’s predecessors as secretary of state also don’t seem to have signed the form.

A State Department manual declares that “a separation statement will be completed whenever an employee is terminating employment,” but Psaki says there is no penalty for not signing the form. (Politico, 3/17/2015)

February 7, 2014: The State Department says classified information on devices like BlackBerrys are prohibited.

Jen Psaki (Credit: ABC News)

Jen Psaki (Credit: ABC News)

A reporter asks department spokesperson Jen Psaki if “State Department officials routinely use encrypted phones, mobile phones, for their conversations…” Psaki says in her reply, “Classified processing and classified conversation on a personal digital assisted device is prohibited.” (US Department of State, 2/7/2014) 

These comments are made before the controversy about Clinton’s use of a private BlackBerry for government emails begins.

March 17, 2015: Clinton didn’t sign an oath that she turned over all official records before leaving office.

State Department spokesperson Jen Psaki claims the department cannot find Clinton’s form OF-109 which contains the oath, and perhaps Clinton never signed it, despite rules requiring all departing employees to. However, Psaki also notes that it appears Clinton’s secretary of state predecessors Colin Powell and Condoleezza Rice also didn’t sign the form.

Raj Shah, research director at the Republican National Committee (RNC), says, “With her exclusive use of private email from a server in her own home, it’s easy to see why Clinton didn’t bother to sign the form.” (The Washington Post, 3/17/2015)