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)

August 11, 2016: The State Department fails to answer questions about a possible conflict of interest involving the Clinton Foundation and Clinton’s chief of staff Cheryl Mills in June 2012.

In January 2016, Senator Charles Grassley (R), the chair of the Senate Judiciary Committee, sent a letter to Secretary of State John Kerry, asking about Cheryl Mills’ role in picking the next head of the Clinton Foundation by interviewing two candidates for that position on June 20, 2012. At the time, Mills was Clinton’s chief of staff in the State Department, and Clinton had vowed not to allow any action that even created the appearance of a conflict of interest between Clinton’s management of the State Department and the Clinton Foundation.

However, on August 11, 2016, CNN reports that Grassley still has received no official reply from the State Department.

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Scott Amey (Credit: public domain)

Scott Amey, an attorney for the Project on Government Oversight (POGO), says, “Congress has a rightful right to ask for any information that it wants to from the executive branch of government to keep track of them. And the government should be turning that information over. When you have a breakdown in that system, we have a breakdown in our democracy.”

CNN also asks the State Department if Mills had or needed permission from the department for the trip, or if anyone from the department was even aware of what she was doing. A department spokesperson doesn’t directly answer the question, except to say that Mills had the right to do what she wanted on her own time if it was strictly voluntary in nature. (CNN, 8/11/2016)

September 12, 2016: Senator Grassley accuses the FBI of manipulating which information about the Clinton email investigation becomes public in order to hide certain events.

Senator Charles Grassley (R), chair of the Senate Judiciary Committee, speaks in the Senate about difficulties he is having with the FBI’s selective release of information regarding the FBI’s Clinton email investigation.

Senator Charles Grassley speaks on the Senate floor on September 12, 2016. (Credit: YouTube)

Senator Charles Grassley takes to the Senate floor on September 12, 2016. (Credit: Public domain)

He points out that the FBI has taken the unusual step of releasing the FBI’s final report and Clinton interview summary. “However, its summary is misleading or inaccurate in some key details and leaves out other important facts altogether.”

He says there are dozens of completely unclassified witness reports, but even some Congressional staffers can’t see them “because the FBI improperly bundled [them] with a small amount of classified information, and told the Senate to treat it all as if it were classified.”

He says the normal procedure is for documents to have the classified portions marked. Then the unclassified portions can be released. But in defiance of regulations and a clear executive order on how such material should be handled, “the FBI has ‘instructed’ the Senate office that handles classified information not to separate the unclassified information.”

He points in particular to recently revealed news that Paul Combetta, an employee of the company (Platte River Networks) that managed Clinton’s private server from June 2013 onwards, deleted and wiped all of Clinton’s emails from the server in March 2015. Grassley claims “there is key information related to that issue that is still being kept secret, even though it is unclassified. If I honor the FBI’s ‘instruction’ not to disclose the unclassified information it provided to Congress, I cannot explain why.”

He also says, “Inaccuracies are spreading because of the FBI’s selective release. For example, the FBI’s recently released summary memo may be contradicted by other unclassified interview summaries that are being kept locked away from the public.”

He says he has been fighting the FBI on this, but without success so far, as the FBI isn’t even replying to his letters. (US Senate, 9/13/2016) (YouTube, 9/13/2016)

October 5, 2016: The Justice Department allegedly made immunity side deals that ordered the destruction of key evidence and limited what the FBI could search.

Devin Nunes (Credit: public domain)

Devin Nunes (Credit: public domain)

The chairs of several House and Senate committees write a letter to Attorney General Loretta Lynch, with questions about the limitations the Justice Department placed on the investigation of Clinton’s private server. The signatories of this letter are: House Oversight and Government Reform Committee Chair Jason Chaffetz (R), Senate Judiciary Committee Chair Chuck Grassley (R), House Judiciary Committee Chair Bob Goodlatte (R), and House Permanent Select Committee on Intelligence Chair Devin Nunes (R).

According to the letter, recently released documents suggest the department, “agreed to substantial and inappropriate limitations on the scope of [the FBI’s Clinton email] investigation.” The restrictions were discovered in the course of the committees’ review of the immunity agreements for former Clinton staffers Cheryl Mills and Heather Samuelson.

Here are some key excerpts from the letter:

  • “We write to express our concerns about the process by which Congress was allowed to view the [Beth] Wilkinson letters, that the letters inappropriately restrict the scope of the FBI’s investigation, and that the FBI inexplicably agreed to destroy the laptops knowing that the contents were the subject of Congressional subpoenas and preservation letters.” (Wilkinson is the lawyer to both Mills and Samuelson.)
  • “These limitations would necessarily have excluded, for example, any emails from Cheryl Mills to [Platte River Networks employee] Paul Combetta in late 2014 or early 2015 directing the destruction or concealment of federal records. Similarly, these limitations would have excluded any email sent or received by Secretary Clinton if it was not sent or received by one of the four email addresses listed, or the email address was altered.”
  • “Further, the Wilkinson letters memorialized the FBI’s agreement to destroy the laptops. This is simply astonishing given the likelihood that evidence on the laptops would be of interest to congressional investigators.”
  • “The Wilkinson letters raise serious questions about why [the Justice Department] would consent to such substantial limitations on the scope of its investigation, and how Director Comey’s statements on the scope of the investigation comport with the reality of what the FBI was permitted to investigate.”

In closing, so that the committee chairs can better understand the DOJ’s basis for agreeing to these restrictions, the letter includes eleven questions for Loretta Lynch, and answers must be submitted no later than October 19, 2016. (US Congress, 10/05/2016)

October 31, 2016: A senator wants to know if the FBI ever asked for subpoena power in the Clinton email investigation, and if not, why not.

Senator Charles Grassley (Credit: Brendan Smialowski / Agence France Press / Getty Images)

Senator Charles Grassley (Credit: Brendan Smialowski / Agence France Press / Getty Images)

Following the October 28, 2016 revelation that FBI Director James Comey has at least partially reopened the FBI’s Clinton email investigation, Senator Charles Grassley (R), chair of the Senate Judiciary Committee, sends him a letter with a series of questions.

He points that in May 2016, “I wrote to you expressing concern about the appearance that political appointees at the Justice Department might be withholding approval for the FBI to seek search warrants and grand jury subpoenas. These standard investigative tools are usually approved in criminal investigations of this scope and importance. However, it remains unclear to this day whether the FBI requested the use of a grand jury in the Clinton email investigation to compel documents and testimony, and if so, whether the [Justice Department] denied that request. These concerns are only magnified by these latest developments [regarding the reopening of the investigation].”

He adds, “If the FBI is denied the ability to gather evidence through compulsory means, Secretary Clinton and her aides have enormous leverage to negotiate extraordinary concessions in exchange for voluntary cooperation. It is critical for the public to know whether the FBI has requested from the Justice Department vital investigative tools such as grand jury subpoenas and search warrants and whether it has been denied access to them.” (Politico, 11/1/2016) (US Congress, 10/31/2016)

Two days later, it will be reported that the FBI never asked the Justice Department for the grand jury legal backing needed for subpoena power, but this has not been officially confirmed.

On September 28, 2016, Comey hinted that he preferred making immunity deals with key witnesses over using subpoena power in order to bring the investigation to a faster conclusion.