January 21, 2009—February 1, 2013: Evidence suggests Clinton regularly keeps her BlackBerry stored inside a secure area against regulations, but she will later deny this.

While Clinton is secretary of state, she has an office on the seventh floor of State Department headquarters, in an area often referred to as “Mahogany Row.” Her office and the surrounding area is considered a Sensitive Compartmented Information Facility (SCIF). Mobile devices such as BlackBerrys are not allowed in SCIF rooms, because they can be taken over by hackers and used to record audio and video.

But according to a September 2016 FBI report, “Interviews of three former DS [Diplomatic Security] agents revealed Clinton stored her personal BlackBerry in a desk drawer in a [Diplomatic Security] post which was located within the SCIF on Mahogany Row. State personnel were not authorized to bring their mobile devices into [the post], as it was located within the SCIF.”

A view from the 8th floor balcony at the State Department. (Credit: Thomas V. Dembski)

A view from the 8th floor balcony at the State Department. (Credit: Thomas V. Dembski)

However, according to Clinton’s deputy chief of staff Huma Abedin, Clinton would leave the SCIF to use her BlackBerry, often visiting the eighth floor balcony to do so. Former Assistant Secretary of State for Diplomatic Security Eric Boswell will later tell the FBI that he never received any complaints about Clinton using her BlackBerry inside the SCIF.

In contrast to the above evidence, in her July 2016 FBI interview, Clinton will claim that after her first month as secretary of state, she never brought her BlackBerry into the SCIF area at all, because she had been clearly told not to do that. (Federal Bureau of Investigation, 9/2/2016)

August 8, 2015: Clinton writes under oath that she has provided the State Department all of her work-related emails that were on her personal email account she used while secretary of state.

Her short statement includes this sentence: “I have directed that all my emails on clintonemail.com in my custody that were or potentially were federal records be provided to the Department of State, and on information and belief, this has been done.”

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A sample of the document Clinton signed on August 8, 2015. (Credit: Politico)

That statement is a result of a Freedom of Information Act (FOIA) lawsuit brought by Judicial Watch against the State Department. Additionally, Clinton mentions in her statement that her top aide Huma Abedin also had an email account on her clintonemail.com server that “was used at times for government business,” but another top aide, Cheryl Mills, did not. (The New York Times, 8/10/2015) (Politico, 8/8/2015)

One month later, some more of Clinton’s work emails from her time as secretary of state will be discovered by the Defense Department. (The New York Times, 9/25/2015)

October 22, 2015: Clinton incorrectly claims under oath that her lawyers “went through every single email” before deleting some.

Representative Jim Jordan (Credit: public domain)

Representative Jim Jordan (Credit: public domain)

During Clinton’s testimony under oath before the House Benghazi Committee, Representative Jim Jordan (R) asks Clinton questions about how her emails from her tenure as secretary of state were sorted and some of them deleted in late 2014. He asks, “You have stated that you used a multi-step process to determine which ones were private, which ones were public, which ones belonged to you and your family, which ones belonged to the taxpayer. Who oversaw this multi-step process in making that determination which ones we might get and which ones that were personal?”

Clinton replies, “That was overseen by my attorneys and they conducted a rigorous review of my emails…”

Jordan visually identifies the three lawyers who were known to be involved in the sorting process — David Kendall, Cheryl Mills, and Heather Samuelson — because they are sitting right behind Clinton in the hearing, and Clinton confirms those are the ones. He then asks Clinton what she means by “rigorous.”

Sitting behind Clinton at the Benghazi committee hearing are, starting left in order of appearance, Heather Samuelson, Jake Sullivan, (unidentified man), Cheryl Mills, Katherine Turner and David Kendall. (Credit: Getty Images)

Sitting behind Clinton at the Benghazi committee hearing are, starting left in order of appearance, Heather Samuelson, Jake Sullivan, Phil Schiliro, Cheryl Mills, Katherine Turner and David Kendall. (Credit: Getty Images)

Clinton explains, “It means that they were asked to provide anything that could be possibly construed as work related. In fact, in my opinion — and that’s been confirmed by both the State Department…”

Jordan interrupts, “But I’m asking how — I’m asking how it was done. Was — did someone physically look at the 62,000 emails, or did you use search terms, date parameters? I want to know the specifics.”

Clinton responds, “They did all of that, and I did not look over their shoulders, because I thought it would be appropriate for them to conduct that search, and they did.”

Then Jordan asks, “Will you provide this committee — or can you answer today — what were the search terms?”

Clinton answers, “The search terms were everything you could imagine that might be related to anything, but they also went through every single email.”

When asked for more specifics, she says, “I asked my attorneys to oversee the process. I did not look over their shoulder. I did not dictate how they would do it. I did not ask what they were doing and how they made their determinations.”

After more questioning, Clinton refuses to mention any of the search terms.

Additionally, when asked if there were in fact two servers, she says there was just one.

She also says, “There was nothing marked classified on my emails, either sent or received.”

Jordan concludes his questioning by asking, “If the FBI finds some of these emails that might be deleted, as they’re reviewing your server, will you agree to allow a neutral third party — like a retired federal judge — to review any emails deleted to determine if any of them are relevant to our investigation?”

She dodges giving an answer, despite being further pressed on the issue. (The Washington Post, 10/22/2015)

Trey Gowdy (Credit: Brendan Smialowski / Agence France Presse/ Getty Images)

Trey Gowdy (Credit: Brendan Smialowski / Agence France Presse/ Getty Images)

On July 7, 2016, after concluding the FBI’s investigation into Clinton’s emails, FBI Director James Comey will be questioned under oath by Representative Trey Gowdy (R). Gowdy will refer to Clinton’s testimony on this day when he asks, “Secretary Clinton said her lawyers read every one of the emails and were overly inclusive. Did her lawyers read the email content individually?”

Comey will reply, “No.”

Gowdy will also ask, “Secretary Clinton said she used just one device. Was that true?”

Comey will answer, “She used multiple devices during the four years of her term as secretary of state.”

Gowdy then will ask if it’s true she never sent or received information marked classified on her private email.

Comey will reply, “That’s not true. There were a small number of portion markings on I think three of the documents.”

Later in the hearing, Representative Jason Chaffetz (R) will ask Comey if the FBI has investigated the truthfulness of Clinton’s testimony under oath. After Comey says that would require a referral from Congress, Chaffetz will promise to get him one right away. (Politico, 7/7/2016)

October 22, 2015: Clinton incorrectly claims that her emails were stored on only one private server.

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Representative Jim Jordan asks Clinton pointed questions during the House Benghazi hearing on October 22, 2015. (Credit: Zach Gibson / The New York Times)

During Clinton’s testimony under oath before the House Benghazi Committee, Representative Jim Jordan (R) asks her about her private email server or servers. “[T]here was one server on your property in New York, and a second server hosted by a Colorado company in — housed in New Jersey. Is that right? There were two servers?”

Clinton replies, “No. … There was a… there was a server…”

“Just one?” Jordan presses.

Clinton continues, “…that was already being used by my husband’s [Bill Clinton’s] team. An existing system in our home that I used. And then later, again, my husband’s office decided that they wanted to change their arrangements, and that’s when they contracted with the company in Colorado,” Platte River Networks.

Jordan asks, “And so there’s only one server? Is that what you’re telling me? And it’s the one server that the FBI has?”

Clinton answers, “The FBI has the server that was used during the tenure of my State Department service.”

She dodges giving an answer, despite being further pressed on the issue. (The Washington Post, 10/22/2015)

However, in a public speech on July 5, 2016, FBI Director James Comey will reveal that Clinton “used several different servers and administrators of those servers during her four years at the State Department, and used numerous mobile devices to view and send email on that personal domain. As new servers and equipment were employed, older servers were taken out of service, stored, and decommissioned in various ways… (Federal Bureau of Investigation, 7/5/2016)

Two days later, Comey will be questioned under oath in a Congressional hearing by Representative Trey Gowdy (R). Gowdy will refer to Clinton’s testimony on this day when he asks, “Secretary Clinton said she used just one device. Was that true?”

Comey will answer, “She used multiple devices during the four years of her term as secretary of state.”

Later in the hearing, Representative Jason Chaffetz (R) will promise to give the FBI a referral from Congress so the FBI can investigate the truthfulness of this and other comments Clinton made under oath. (Politico, 7/7/2016)

May 5, 2016: 36 more Clinton emails are publicly released, suggesting many more still to come.

In January 2016, a federal judge ordered the State Department to release all the known emails of Huma Abedin from her time as Clinton’s deputy chief of staff. This is in response to a Freedom of Information Act (FOIA) lawsuit by Judicial Watch.

Over 29,000 pages of emails are due to be released in batches, and this is the first batch of 241 pages. Some of the emails are between Abedin and Clinton, and most if not all of them appear to be work-related, showing yet again that Clinton did not turn over all her work-related emails when she gave the State Department over 30,000 emails in December 2014.

21 of the emails between Abedin and Clinton date from January 28, 2009 to March 17, 2009; Clinton had said she didn’t use her new email account until March 18, 2009.

Another 15 emails between them date between March 18, 2009 to October 20, 2012, and do not match any of emails in the State Department’s database of the 30,000 publicly released Clinton emails. Whereas 16 emails dating from March 20, 2009 to May 28, 2009 do appear in that database. (Judicial Watch, 5/5/2016) (US Department of State, 5/1/2016) (US Department of State, 5/1/2016) 

Judicial Watch President Tom Fitton comments, “These emails further undermine Hillary Clinton’s statement, under penalty of perjury, suggesting she turned over all of her government emails to the State Department. How many more Hillary Clinton emails is the Obama State Department hiding?” (Judicial Watch, 5/5/2016) Since these emails appear to be:

  • a more or less random selection from all four years of Clinton’s time as secretary of state
  • about half of the emails from March 18, 2009 and afterwards are not included in the 30,000 previously released emails
  • this batch makes up less than one percent of all the Huma Abedin emails due to be released
  • Abedin’s emails make up only about 15 percent of the 30,000 emails

One can reasonably estimate that thousands of the over 31,000 emails Clinton deleted actually are work-related and are likely to be publicly released in later batch releases of Abedin’s emails as well as FOIA lawsuits forcing the release of emails from other top Clinton aides. In fact, if this sample is a truly random sample representative of the rest of the emails from Abedin and other top Clinton aides, well over 10,000 of Clinton’s deleted emails could be work-related.

May 12, 2016: Over 120 additional Clinton emails are publicly released.

More of Clinton’s emails from her time as secretary of state are released by the State Department, due to Freedom of Information Act (FOIA) lawsuits by Judicial Watch. In 2015, Clinton claimed that she didn’t start using her new private email address until March 18, 2009. But all these emails date from before then.

There are 15 emails using her old email address from January 22, 2009 (one day after she became secretary of state) to February 26, 2009. There are another 108 emails using her new email address (hosted on her private server) from January 30, 2009 to March 8, 2009. (Judicial Watch, 5/12/2016) (US Department of State, 4/29/2016) (US Department of State, 4/29/2016) (US Department of State, 4/29/2016) 

LawNewz notes that this email release “contradicts claims made by Clinton and her campaign that she did not begin using the private e-mail server until March 2009. […] The dates of the newly released e-mails also appear to contradict a declaration signed by Clinton, under penalty of perjury, saying she surrendered all her work-related e-mails to the State Department on December 5, 2014.” (LawNewz, 5/13/2016)

July 2, 2016: Clinton claims she had no role whatsoever in the sorting of her emails, but her account differs from the known facts in one important detail.

In Clinton’s FBI interview on this day, she is asked about her role in sorting her emails from her tenure as secretary of state into work-related and personal emails.

An FBI report published in September 2016 will summarize her response: “In the fall of 2014, Clinton recalled receiving a letter from [the] State [Department] which was also sent to former Secretaries of State Colin Powell, Condoleezza Rice, and Madeline Albright. From the letter, Clinton understood State was concerned there were gaps in their records and requested Clinton’s assistance in filling those gaps. Clinton wanted to assist State, so she directed her legal team to assist in any way they could. Clinton expected her team to provide any work-related or arguably work-related emails to State; however, she did not participate in the development of the specific process to be used or discussions of the locations where her emails might exist. Additionally, Clinton was not consulted on specific emails as to their content being work-related or not. Clinton did not have any conversations regarding procedures if any potentially classified information was discovered during the review of her emails because she had no reason to believe classified information would be found in her email account.” (Federal Bureau of Investigation, 9/2/2016)

Clinton’s testimony differs from the known facts in one important detail. She claims that she didn’t direct her lawyers (David Kendall, Cheryl Mill, and Heather Samuelson) to begin the sorting process until she was formally asked about her email records at the same time other former secretaries of states were. That took place on October 28, 2014. The sorted work-related emails were given to the State Department on December 5, 2014, a little over one month later. However, Samuelson, the Clinton lawyer who did most of the sorting, said in her FBI interview that the sorting process took “several months.”

Furthermore, it is known that after the State Department informally asked for Clinton’s emails, Samuelson was first given some of Clinton’s emails to sort (all of those involving .gov email addresses) in late July 2014, and then was given all of Clinton’s emails to complete the sorting in late September 2014.

July 2, 2016: Clinton tells the FBI she never knew her emails got deleted.

Clinton motions as she leaves the press conference joke and asking reporter Ed Henry, who had asked the question, whether she had meant if she wiped “with a cloth”

Clinton motions as she leaves a press conference in Las Vegas, NV, on August 18, 2015, where she jokes with reporter Ed Henry about wiping her server with a cloth. (Credit: David Becker / Reuters)

In late March 2015, Paul Combetta, an employee of Platte River Networks (PRN), deleted all of Clinton’s emails from her private server and then used a computer program to permanently wipe them. Two of Clinton’s lawyers, Cheryl Mills and David Kendall, had communications with Combetta in that time period, including speaking in a conference call in which he also participated just after the deletions were done, on March 31, 2015.

However, Clinton is interviewed by the FBI on this date, and the FBI will later report that “Clinton stated she was… unaware of the March 2015 email deletions by PRN.” (Federal Bureau of Investigation, 9/2/2016)

Clinton’s claim is particularly surprising considering that in August 2015, it was reported that Clinton’s campaign had acknowledged “that there was an attempt to wipe [Clinton’s private] server before it was turned over last week to the FBI.” (NBC News, 8/19/2015) 

July 2, 2016: Clinton’s comments about the security of her classified reading rooms contradict other evidence and testimony.

SCIF rooms are made of metal before the final plaster is put on the walls. (Credit: diaa.com)

At the beginning of Clinton’s tenure as secretary of state, the State Department outfitted Clinton’s houses in Whitehaven, Washington, DC, and Chappaqua. New York, with a Sensitive Compartmented Information Facility (SCIF) so she could read highly classified documents. According to the FBI’s notes of Clinton’s July 2, 2016 FBI interview, Clinton claims, “Both SCIFs had a combination lock that only Clinton knew the combination to. … It was Clinton’s practice to lock the SCIF every time it was vacated.”

However, according to the FBI interview of Clinton aide Huma Abedin, “the SCIF door at the Whitehaven residence was not always locked, and Abedin, Hanley, and [redacted] had access to the SCIF.” Additionally, “Investigation determined the Chappaqua SCIF was not always secured, and Abedin, [Clinton aide Monica] Hanley, and [redacted] had routine access to the SCIF.”

Furthermore, the FBI will later report, “According to Abedin, [Bill Clinton aide Justin] Cooper, and [redacted], there were personally-owned desktop computers in the SCIFs in Whitehaven and Chappaqua. Conversely, Clinton stated to the FBI she did not have a computer of any kind in the SCIFs in her residences.” (Federal Bureau of Investigation, 9/2/2016)

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)

August 15, 2016: Two Republican Congresspeople specifically point out the comments they believe make Clinton guilty of perjury.

In early July 2016, Republicans formally asked the Justice Department to open an investigation into whether Clinton committed perjury with some of her comments while speaking before Congress in October 2015.

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Representative Bob Goodlatte (Credit: Twitter)

On August 15, 2016, Representatives Bob Goodlatte (R), chair of the Judiciary Committee, and Jason Chaffetz (R), chair of the Oversight Committee, write a letter to Channing Phillips, the US attorney for the District of Columbia. The letter points out four comments Clinton made in her Congressional testimony that they believe contradicts what the FBI learned during their Clinton email investigation.

They write: “The four pieces of sworn testimony by Secretary Clinton described herein are incompatible with the FBI’s findings. We hope this information is helpful to your office’s consideration of our referral.”

  • In her testimony, Clinton claimed that none of the material she sent or received via her personal email account was marked as classified. But the FBI later determined that at least three emails contained classified markings, although they were apparently done in error.
  • Clinton claimed her lawyers went through each of her emails individually before deciding to delete them or not. However, the FBI has since claimed this is not so.
  • She said all of her work-related emails were given back to the State Department in December 2014, but thousands of other work-related emails have since been found.
  • She claimed she only used one server while secretary of state, but the FBI says the server was replaced more than once.

Earlier in the month, the Justice Department told Goodlatte and Chaffetz that it is reviewing information “and will take appropriate action as necessary.”

The Hill comments that the “letter is a sign that Republicans are committed to pressuring the Justice Department to act against Clinton, even after it notably declined to prosecute her for mishandling classified information,” and that Republicans “also appear to be making a public case for an indictment, perhaps building off widespread unease with the decision not to prosecute…” (The Hill, 8/16/2016)