August 1, 2015—August 7, 2015: The company managing Clinton’s private server learns that another company has been making back-up copies of all the server data in the Internet “cloud” since 2013.

Clinton’s server has been managed by Platte River Networks (PRN) since June 2013. And since that time, PRN has subcontracted Datto, Inc. to make periodic back-ups of all the data on the server. PRN has thought that the back-ups have been only made through a device attached to the server called the Datto SIRIS S2000.

Sam Hickler (Credit: public domain)

Sam Hickler (Credit: public domain)

However, on August 1, 2015, an unnamed PRN employee notices that data from the server was possibly being sent to an off-site Datto location. On August 6, 2015,  Sam Hickler, PRN’s vice president of operations, contacts Datto employee Leif McKinley about this, CCing PRN employees Paul Combetta and Treve Suazo.

McKinley confirms that, due to a misunderstanding, Datto has been making periodic back-ups of the server data through the Internet “cloud” as well as locally through the device. Furthermore, periodic back-ups have been made this way since June 2013.

Treve Suazo (Credit: Platte River Networks)

Treve Suazo (Credit: Platte River Networks)

Suazo, the CEO of PRN, tells Datto on August 6, 2015, that “This is a problem.” This is because the Clinton Executive Services Corp. (CESC), the Clinton family company that hired PRN to manage the server, explicitly stated from the beginning that they didn’t want any remote back-ups to be made. Thus, PRN employees tell Datto not to delete whatever data was stored in the cloud, and instead work to get it back to the control of PRN.

On August 7, 2015, Datto and PRN employees discuss saving the data on a thumb drive and sending it to PRN. Then, according to an email from one unnamed PRN employee to another, they would have Datto “wipe [the data] from the cloud.”

This is according to a letter that will be sent in October 5, 2015 to Datto CEO Austin McChord by Senator Ron Johnson (R). Johnson is chair of the Senate Homeland Security and Government Affairs Committee, and is conducting oversight of the FBI’s Clinton email investigation. However, Johnson will be unable to determine what happened next, such as if the thumb drive was sent and the data was wiped. Furthermore, McChord will not be able to reveal that information to Johnson because Datto needs PRN’s permission to share that information and PRN won’t give it. (US Congress, 9/12/2016) (US Congress, 9/12/2016)

August 8, 2015 and Shortly Thereafter: The company that manages Clinton’s server gives a presentation to Congressional investigators but fails to mention the deletion and wiping of Clinton’s emails.

Senator Ron Johnson (Credit: public domain)

Senator Ron Johnson (Credit: public domain)

Platte River Networks (PRN) is the computer company that has been managing Clinton’s private server since June 2013. On August 8, 2015, Senator Ron Johnson (R), chair of the Senate Homeland Security Committee, asks PRN for a staff-level briefing on the server. A July 2016 letter co-written by Johnson will indicate that there was an “initial production” by PRN later in August 2015 about various matters, “including maintaining Secretary Clinton’s private server.” (US Congress, 7/22/2016) (Politico, 11/13/2015)

However, it seems apparent that PRN says nothing about the later-revealed fact that PRN employee Paul Combetta deleted and wiped all of Clinton’s emails off her server in late March 2015,  because Johnson will show no knowledge of that in the above-mentioned letter or other letters. Furthermore, in September 2015, PRN will publicly state that it has no knowledge of the server being wiped.

Furthermore, when the FBI picks up Clinton’s server from a data center in New Jersey on August 12, 2015, they only pick up one server. But actually there are two servers there, both being managed by PRN, and Clinton’s emails had been transferred from the old one to the new one. The FBI will discover this on their own and pick up the newer server as well on October 3, 2015, so it seems probable that PRN is not honest with the Congressional committee about this basic fact either.

Additionally, when Johnson’s committee asks to interview PRN employees one month later, the company will refuse and will cease cooperating with Congressional investigators.

 

August 19, 2015: Clinton’s lawyer claims that all data, including Clinton’s emails, was erased from her server before it was turned over to the FBI.

150819ClintonTurnerKendallGetty

David Kendall (right) and Katherine Turner (left) sit behind Clinton during her testimony to the Benghazi committee on October 23, 2015. (Credit: Getty Images)

Lawyer David Kendall tells this to the Senate Homeland Security committee. He adds that both he and his office partner lawyer Katherine Turner had been given security clearances to handle a thumb drive containing some of Clinton’s emails, but he doesn’t say when. His comments don’t clarify if Clinton’s server was wiped or merely erased.

“Wiping” means that new data is written over the old data several times to make sure it can never be recovered. (The Guardian, 8/19/2015)

Early September 2015—September 17, 2015: The company that manages Clinton’s server won’t let Congressional investigators interview its employees.

Ken Eichner is rated as one of the top criminal defense attorneys in Denver, CO. (Credit: public domain)

Ken Eichner (Credit: public domain)

Platte River Networks (PRN) is the computer company that has been managing Clinton’s private server. In August 2015, the Senate Homeland Security Committee asked PRN for a staff-level briefing on the server, and got one later that month.

In early September 2015, Congressional investigators communicate with Ken Eichner, a lawyer working for PRN, asking to interview five employees in Denver, Colorado, where PRN is located. But on September 17, 2015, Eichner writes in an email, “I am going to respectfully decline [permission for] any interviews.”

In September 2015, some PRN employees are interviewed by the FBI, but details of that remain unknown. In November 2015, it will be reported that PRN isn’t cooperating with Congressional investigators at all, and isn’t allowing Datto, Inc., a company it subcontracted to help back up Clinton’s server, to cooperate either. (Politico, 11/13/2015)

Ken Eichner has been listed as a “Super Lawyer” for more than a decade and named by 5280 Magazine as one of Colorado’s top criminal lawyers. (Super Lawyers) (5280 Magazine)

October 5, 2015—October 19, 2015: The company managing Clinton’s private server gives permission for another company to cooperate with Congressional investigators, and then takes it away.

On October 5, 2015, Steven Cash, a lawyer for Datto, Inc., receives a letter from Senator Ron Johnson (R), chair of the Senate Homeland Security and Government Affairs Committee. Johnson’s is conducting oversight of the FBI’s Clinton investigation and he wants Datto to answer questions and turn over copies of documents by October 19, 2015. Platte River Networks (PRN) is managing Clinton’s private server, and they have subcontarcted with Datto to provide back-up services. As part of Datto’s contact with PRN, Datto needs PRN’s permission before they can share any information relating to the case.

Ken Eichner (Credit: public domain)

Ken Eichner (Credit: public domain)

So the next day, Cash emails Ken Eichner, lawyer for PRN, and asks permission.

Eichner emails him back later that same day, “Steven, no objection.” (US Congress, 9/12/2016)

However, on October 19, 2015, the date of the deadline set by the committee, Datto sends the committee saying the company can’t answer most questions because although PRN originally gave Datto permission, “counsel to Platte River withdrew their previous non-objection, and objected to any further disclosure of confidential information to the committee. Consequently, Datto is not authorized to disclose such information absent consent from its client, Platte River, or unless required by law or by order of court or governmental agency.”

Andy Boian (Credit: public domain)

Andy Boian (Credit: public domain)

On November 13, 2015, PRN spokesperson Andy Boian will be quoted in a Politico article, saying, “There was a suggestion by our legal counsel and the legal counsel of Datto that everything has been turned over regarding the Clinton matter by Datto, so there wasn’t an extraordinary need for Datto to do anything else. There wasn’t anymore information that Datto could provide that Platte River couldn’t, so there was a suggestion that any inquiry that goes to Datto … comes through us. And that’s just out of pure convenience.” (Politico, 11/13/2015)

The next day, Cash will email Eichner again and complain that the “description of communications between Platte River and Datto counsel attributed to Mr. Boian is not accurate, and leaves the reader with a distinctly false impression.” Cash points out that he is the only Datto lawyer who has talked to any PRN lawyers, so he knows this quote is untrue. He sends a copy of this complaint to Senator Johnson. (US Congress, 9/12/2016)

The idea that Datto has no other information to provide is clearly untrue. It will turn over documents containing previously released information after they are served subpoena to do so in September 2016.

November 13, 2015: The computer companies that worked on Clinton’s private server refuse interview and document requests from Congressional investigators.

The Platte River Networks Logo (Credit: PRN)

The Platte River Networks Logo (Credit: PRN)

Platte River Networks (PRN) is the computer company that has been managing Clinton’s private server since June 2013. Politico reports that it has declined requests by the Senate Homeland Security Committee to interview five employees about the security of Clinton’s server.

The Datto Logo (Credit: Datto)

The Datto Logo (Credit: Datto)

Additionally, Datto, Inc. was employed by PRN to back up data from the server. On October 6, 2015, McClatchy Newspapers quoted Datto’s attorney who said the company had permission from representatives of Clinton and Platte River to cooperate with the FBI investigation. But on October 19, 2015, Datto told the committee that it can’t answer questions from the committee because it has a confidentiality agreement with its client PRN and can only answer questions about that account with their permission. PRN gave permission initially but then changed its mind.

PRN spokesperson Andy Boian says that the interview requests from Congress weren’t “formal” inquiries, even though request letters were delivered on official Senate letterhead. He adds, “We as a company have felt like we have done everything we can to comply with every request by both the FBI and the Homeland Security Committee, and we really have nothing left to give.”

The Infograte Logo (Credit: Infograte)

The Infograte Logo (Credit: Infograte)

Tania Neild, CEO of the technology broker company InfoGrate, helped Clinton select PRN to run their server. She declined to be interviewed by Congressional investigators, invoking a nondisclosure agreement she had with her client.

The SECNAP Logo (Credit: SECNAP)

The SECNAP Logo (Credit: SECNAP)

Another computer company, SECNAP, was involved in the security of the server. They apparently aren’t cooperating with Republican investigators either, because Dennis Nowak, a lawyer for SECNAP, says that communications technology companies are governed by a law that imposes criminal and civil penalties for disclosing customer information, and that can only be waived by subpoena, search warrant, court order, or consent of the client.

These four companies apparently have fully cooperated with the FBI. But Politico reports, “While the firms have voluntarily produced some information for Congressional Republicans in the past, now it seems they’re not willing to go beyond their legal obligations when it comes to responding to committee inquiries.”

In September 2015, Clinton publicly said regarding the FBI’s Clinton investigation that she “would very much urge anybody who is asked to cooperate to do so.” However, Politico asked the Clinton campaign if it had encouraged these computer companies to cooperate with Congressional investigators, and the campaign had no comment. (Politico, 11/13/2015)

These companies will continue to refuse to cooperate with Congress. In August 2016, Congressional Republicans will issue subpoenas to PRN, Datto, and SECNAP to finally force their cooperation.

March 11, 2016: Clinton’s computer technician Pagliano still refuses to testify before Congress.

The Senate Judiciary and Homeland Security committees want Clinton’s former computer technician Bryan Pagliano to testify before their committees, especially since it has been reported that he has made an immunity deal with the Justice Department. However, Pagliano’s lawyer sends the committee chairs a letter on this day saying that Pagliano will “respectfully decline” their invitation.

Pagliano pleaded his Fifth Amendment rights when he was asked to speak before the committees in late 2015. The letter says that he still has “not waived his rights under the Fifth Amendment as a matter of fact or law,” regardless of the immunity deal. (The Associated Press, 4/22/2016)

July 12, 2016: Congressional Republicans threatens subpoenas if the company that managed Clinton’s server fails to agree to employee interviews.

Treve Suazo (Credit: public domain)

Treve Suazo (Credit: public domain)

Representative Lamar Smith (R), the chair of the House Science, Space, and Technology Committee, and Senator Ron Johnson (R), the chair of the Senate Homeland Security Committee, jointly author a letter to Treve Suazo, the CEO of Platte River Networks (PRN). PRN is the company that managed Clinton’s private server from June 2013 until late 2015.

The letter notes that Johnson’s committee has been seeking to interview some PRN employees about the management and security of Clinton’s server since August 2015, while Smith’s has been asking to do the same since January 2016, but PRN has refused all interview requests.

The letter then asks again, specifically requesting to interview the following PRN employees:

  • Treve Suazo
  • Brent Allshouse
  • David DeCamillis
  • Paul Combetta
  • Sam Hickler
  • Bill Thornton
  • Craig Papke

The letter requests a response by July 26, 2016. If PRN does not comply, the letter threatens the use of the “compulsory process.” (US Congress, 7/22/2016)

Apparently, PRN will still refuse to agree, because on August 22, 2016 these committees will issue subpoenas for the interviews.

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)