January 24, 2009: Clinton passes on using a secure computer to check her private email account at her office desk.

President Obama uses a BlackBerry while traveling in Indonesia in 2010. (Credit: Pete Souza / The White House)

President Obama uses a BlackBerry while traveling in Indonesia in 2010. (Credit: Pete Souza / The White House)

By this time, the National Security Agency (NSA) arranges for President Obama to use a secure, encrypted BlackBerry, allowing him to use it anywhere. Clinton and her top aides want Clinton to have one too.

On this day, Cheryl Mills, Clinton’s chief of staff, asks in a group email, “[H]ow can we get her one?”

Lewis Lukens, Clinton’s logistics chief, responds the same day that he could help set up “a stand-alone PC [personal computer] in the Secretary’s office, connected to the Internet (but not through our system) to enable her to check her emails from her desk.”

Under Secretary of State Patrick Kennedy replies that that is “a great idea.”

But apparently, Clinton insists on using her BlackBerry at all times and never a desktop computer, so no such computer is ever set up. (The Washington Post, 3/27/2016)

May 2009: Bryan Pagliano is hired as a political employee in the State Department’s IT [Information Technology] division, while he continues to manage Clinton’s private server in her house.

Susan Swart (Credit: Government CIO Magazine)

Susan Swart (Credit: Government CIO Magazine)

The Washington Post will later report, “Officials in the IT division have told investigators they could not recall previously hiring a political appointee.” Pagliano had worked as the IT director for Clinton’s PAC [political action committee] and also for her presidential campaign, and was paid by the PAC until April 2009. He also provided computer services to the Clinton family. (The Washington Post, 3/27/2016)

Patrick Kennedy, the department’s under secretary for management, oversees the hiring of Pagliano. Pagliano’s new bosses Susan Swart, head of the department’s Bureau of Information Resource Management, and her deputy, Charlie Wisecarver exchange emails expressing confusion and surprise that Kennedy has given them a political employee to work in the IT division. (Reuters, 3/24/2016) His initial salary is $133,000 a year. As a Schedule C political hire, Pagliano is vetted by the State Department’s Office of White House Liaison, where Heather Samuelson holds a top position. Samuelson worked on Clinton’s 2008 presidential campaign, as did Pagliano, and in 2014 she will be one of three Clinton aides who decide which of Clinton’s 60,000 emails will be deleted. (The Daily Caller, 3/3/2016)

February 1, 2013: Clinton’s four year tenure as secretary of state ends.

Clinton exiting an airplane in her last week as secretary of state. (Credit: The New Yorker)

Clinton exiting an airplane in her last week as secretary of state. (Credit: The New Yorker)

(The Washington Post, 3/10/2015) Clinton is succeeded by Senator John Kerry (D). Kerry apparently uses a government email account for all work matters, and all his emails are automatically preserved by the State Department for posterity. (The New York Times, 3/2/2015) 

Most of her top aides leave the State Department around the same time, such as Cheryl Mills, Huma Abedin, Jake Sullivan, and Philippe Reines, while Patrick Kennedy remains. (The New York Times, 8/13/2013)

March 2015: A State Department official gives Clinton’s lawyer David Kendall written permission to retain copies of the emails Clinton turned over in December 2014.

The walls, floor, ceiling, and door of a SCIF room are made out of solid metal before an outer facade that looks like a normal room is added. (Credit: scifsolutions.com)

The walls, floor, ceiling, and door of a SCIF room are made out of solid metal before an outer facade that looks like a normal room is added. (Credit: scifsolutions.com)

However, that official, Under Secretary of State for Management Patrick Kennedy, says that decision might be revisited if it is determined that the emails contained classified information. It will later be determined that some of Clinton’s emails contained “top secret” information, and all such information needs to be kept in a special, purpose-built room called a Secure Compartmented Information Facility (SCIF), which Kendall does not have. Even with permission from Kennedy, Kendall would still be in violation of federal law for having top secret information outside a SCIF. (Politico, 8/25/2015) (John Schindler, 8/26/2015)

Early May 2015—Early July 2015: Patrick Kennedy and other State Department officials allegedly attempt to change or remove the classification codes of some Clinton emails to make their release less politically damaging for Clinton.

An unnamed State Department official who worked in the Office of Information Programs and Services (IPS) will be interviewed by the FBI on August 17, 2015. She will claim there was a deliberate effort to change some Clinton emails bearing the “B(1)” code, which classifies information due to “national security,” to the “B(5)” code, which classifies information mostly due to “interagency or intra-agency communications.”

This person “believed there was interference with the formal [Freedom of Information Act] FOIA review process. Specifically, [the State Department’s] Near East Affairs Bureau upgraded several of Clinton’s emails to a classified level with a B(1) release exemption. [Redacted] along with [redacted] attorney, Office of Legal Counsel called State’s Near East Affairs Bureau and told them they could use a B(5) exemption on an upgraded email to protect it instead of the B(1) exemption.”

Under Secretary of State Patrick Kennedy (Credit: Brendan Hoffman / Getty Images)

Under Secretary of State Patrick Kennedy (Credit: Brendan Hoffman / Getty Images)

The interviewee reported in early May 2015 that Under Secretary for Management Patrick Kennedy “held a closed-door meeting with [redacted]  and [redacted] [Justice Department’s] Office of Information Programs where Kennedy pointedly asked [redacted] to change the FBI’s classification determination regarding one of Clinton’s emails, which the FBI considered classified. The email was related to FBI counter-terrorism operations.” (Federal Bureau of Investigation, 9/23/2016)

In October 2016, Fox News will report, “This appears to be one of two emails that kick-started the FBI [Clinton email investigation] in the summer of 2015.” (Fox News, 10/6/2016) The email in question was sent on November 18, 2012 by department official Bill Roebuck and forwarded to Clinton by her aide Jake Sullivan. If Kennedy tried to change the classified code on this email he must have failed, because when the email is published on May 22, 2015, it is classified at the “secret” level (the medium level below “top secret”) due to a section using the B(1) code. (US Department of State, 5/22/2015)

However, classification codes may be changed on other emails. On August 26, 2015, Fox News will report that “Kennedy, who was deeply involved in the Benghazi controversy, is running interference on the classified email controversy on Capitol Hill. Two sources confirmed that Kennedy went to Capitol Hill in early July [2015] and argued [the November 18, 2012] email from Clinton aide Jake Sullivan [plus one other email] did not contain classified material. … One participant found it odd Kennedy insisted on having the discussion in a secure facility for classified information, known as a SCIF,” although Kennedy claimed the two emails were unclassified. (Fox News, 8/26/2015)

Then, on September 1, 2015, Fox News will report that “At least four classified Hillary Clinton emails had their markings changed to a category that shields the content from Congress and the public… in what State Department whistleblowers believed to be an effort to hide the true extent of classified information on the former secretary of state’s server. The changes, which came to light after the first tranche of 296 Benghazi emails was released in May [2015], was confirmed by two sources — one congressional, the other intelligence. The four emails originally were marked classified after a review by career officials at the State Department. But after a second review by the department’s legal office, the designation was switched to ‘B5’…”

Kate Duval (Credit: LinkedIn)

Kate Duval (Credit: LinkedIn)

One of the lawyers in the office where the changes are made is Kate Duval, who once worked for Williams & Connolly, the same law firm as Clinton’s personal lawyer David Kendall.  Duval also served as an attorney and advisor in the Obama Administration on oversight issues and high-profile investigations, most recently at the Department of State and, before that, as Counselor to the Commissioner of the Internal Revenue Service. There are internal department complaints that Duval, and a second lawyer also linked to Kendall, “gave at the very least the appearance of a conflict of interest during the email review. A State Department spokesman did not dispute the basic facts of the incident, confirming to Fox News the disagreement over the four classified emails as well as the internal complaints. But the spokesman said the concerns were unfounded.” (Fox News, 9/1/2015)

Kennedy will also be interviewed by the FBI on December 21, 2015. Redactions will make the interview summary difficult to follow, but apparently he will be asked about these accusations. He will say that while the official who accused him “says it like it is” and has “no fear of telling truth to power,” he “categorically rejected” the allegations of classified code tampering. (Federal Bureau of Investigation, 9/23/2016)

February 10, 2016: As many as 30 different people were included in the 22 known “top secret” messages sent to Clinton.

Clinton (left) and Jake Sullivan (right) (Credit: The Associated Press)

Clinton (left) and Jake Sullivan (right) (Credit: The Associated Press)

An unnamed US official claims that top Clinton aides including Cheryl Mills, Huma Abedin, Philippe Reines, Jake Sullivan, and Patrick Kennedy were CCed on at least some of those emails. (The Hill, 2/10/2016) 

Jake Sullivan, Clinton’s top national security and foreign policy staffer, sent 215 classified emails to Clinton, more than anyone else. (The Washington Post, 3/5/2016He is said to be the author of at least one of the emails sent to Clinton that was later deemed “top secret,” and he may be responsible for others.

Politico reports, “Sullivan both initiated email conversations and also forwarded along messages with sensitive information, and he sometimes added additional content on the email chains in question, according to [our] sources.” As a result, Sullivan could face extra scrutiny from FBI investigators.

Another source says about three of Clinton’s top aides sent her highly classified material. (Politico, 2/10/2016)

February 23, 2016: Top Clinton aides will be questioned under oath in a civil suit.

Huma Abedin uses her smart phone in Charleston, South Carolina, on February 26, 2016. (Credit: Getty Images)

Huma Abedin uses her smart phone in Charleston, South Carolina, on February 26, 2016. (Credit: Getty Images)

US District Court Judge Emmet Sullivan rules that Clinton aides Huma Abedin, Bryan Pagliano, Cheryl Mills, Patrick Kennedy, and others would likely be questioned about Clinton’s use of her private email server. There is no immediate plan to question Clinton herself, but that could change. Sullivan’s ruling is in response to Judicial Watch, which has been seeking to determine if Clinton’s server thwarted federal open records laws. Sullivan comments that months of news about the email scandal has created “at least a reasonable suspicion” that public access to government records has been undermined.

Sullivan was appointed by President Bill Clinton in 1994. The judge gives Judicial Watch and government lawyers until April 12, 2016 to create a plan to proceed. The Washington Post notes this creates “the prospect that key Clinton aides would face questions just as she tries to secure the Democratic nomination and pivot to a hotly contested November general election.” (The Washington Post, 2/23/2016)

March 9, 2016: Republicans sue for more Clinton-related emails, as well as her text messages.

The Republican National Committee (RNC) files two Freedom of Information Act (FOIA) lawsuits seeking more emails from Clinton and her top aides.

The first lawsuit seeks all emails the State Department has that are to and from Clinton, as well as Clinton’s top aides Cheryl Mills, Jake Sullivan, Patrick Kennedy, and Bryan Pagliano. (Huma Abedin isn’t included because she’s covered in another FOIA lawsuit.) The lawsuit is also seeking all of Clinton’s text messages as well as BlackBerry Messenger communications.

The second lawsuit seeks emails between senior State Department officials and Clinton’s 2016 Democratic presidential campaign and its allied entities. The RNC asked the State Department for the emails in October 2015 but hadn’t gotten any yet. RNC chair Reince Priebus says, “The Obama administration has failed to comply with records requests in a timely manner as required by law.” (The Hill, 3/9/2016) 

Although Clinton says she has already turned over all her work-related emails, some more will be found by the State Department due to another limited FOIA lawsuit later in March, suggesting more could be uncovered by the department. (The Hill, 3/24/2016) (ABC News, 3/9/2016)

April 15, 2016: Three Clinton aides will be publicly deposed about the email scandal.

State Department lawyers strike a deal with Judicial Watch over how depositions from three Clinton aides will work. Cheryl Mills, Huma Abedin, and Bryan Pagliano will be deposed, and their depositions can be videotaped and made public.

However, questions to them will be limited to how Clinton’s private server was created and operated, as well as how the State Department processed Freedom of Information Act (FOIA) requests that potentially involved emails from Clinton and/or Abedin. Furthermore, Judicial Watch agrees not to depose Diplomatic Security official Donald Reid. The deposition of three more State Department officials, Patrick Kennedy, Lewis Lukens, and Stephen Mull, remain unresolved. (Politico, 4/16/2016)

May 4, 2016: Six former State Department officials are to be deposed under oath in the next two months.

Lewis Lukens (Credit: public domain)

Lewis Lukens (Credit: public domain)

US District Court Judge Emmet Sullivan says the depositions are necessary in order to determine if the department conducted an adequate search regarding Judicial Watch’s 2013 Freedom of Information Act (FOIA) request regarding the employment of Clinton aide Huma Abedin, since she had three outside jobs at one point.

Deposition questions are to be limited to the set-up and management of Clinton’s private server, since the department failed to reveal Clinton’s emails on the server in response to the FOIA request. The former aides due to be deposed in the next two months are:

  • Huma Abedin
  • Cheryl Mills
  • Bryan Pagliano
  • Patrick Kennedy
  • Stephen Mull
  • Lewis Lukens
  • plus, someone to be decided by the State Department.

Judicial Watch could make a video of their interviews public. (LawNewz, 5/4/2016) (The Associated Press, 5/4/2016)

May 17, 2016: Depositions in a civil lawsuit related to Clinton’s emails will begin within days and continue until the end of June.

US District Judge Emmet Sullivan is allowing Judicial Watch to depose six US officials under oath, mostly Clinton’s former aides, as part of a Freedom of Information Act (FOIA) lawsuit, on the following dates:

  • May 18: Former deputy assistant secretary of state Lewis Lukens will be interviewed on May 18.
  • May 27: Clinton’s former chief of staff Cheryl Mills.
  • June 3: Stephen Mull, former State Department executive secretary.
  • June 6: Bryan Pagliano, Clinton’s former computer technician who managed her private server.
  • June 28: Huma Abedin, Clinton’s former deputy chief of staff.
  • June 29: Patrick Kennedy, the State Department’s under secretary for management since 2007 until current.

Judicial Watch can interview each witness for up to seven hours, and the video of the interviews can be made public several days later. The questioning will be limited, but includes the issue of how Clinton’s private server was set up and managed, and why the State Department didn’t properly fulfill FOIA requests for Clinton’s emails. (The Wall Street Journal, 5/17/2016) (Judicial Watch, 5/17/2015)

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

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

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

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

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

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

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

Harold Koh (Credit: Jay Premack)

Harold Koh (Credit: Jay Premack)

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

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

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