July 23, 2014: Clinton’s lawyers are sent some of Clinton’s emails so they can begin sorting them.

Unnamed employees at Platte River Networks (PRN), the company managing Clinton’s private server, discuss in an email sending copies of Clinton’s emails from when she was secretary of state overnight to Cheryl Mills, Clinton’s former chief of staff. A company spokesperson will later confirm that the company did begin sending the emails to Mills around this time. (The Washington Post, 9/22/2015) 

A September 2016 FBI report will confirm that PRN sent some of Clinton’s emails in response to a request from Mills, but only those which were sent to or received from a .gov email address while Clinton was secretary of state. An unnamed PRN employee remotely transferred a .pst file containing the emails onto the laptops of Mills and Heather Samuelson (another Clinton lawyer) via ScreenConnect. (Federal Bureau of Investigation, 9/2/2016)

Two weeks after the FBI report is released, an email reported in the media will reveal that on this day, PRN employee Paul Combetta overrnighted DVDs of data from Clinton’s server to Clinton Executive Services Corp. (CESC), a Clinton family company.  The exact shipping charge of $46.38 is mentioned in the email. (The New York Post, 9/18/2016)

It is unclear if this is in addition to the files being transferred over the Internet as described by the FBI, or instead of it. Combetta will claim in a September 2015 FBI interview that he ultimately never sent the DVD and only sent the data over the Internet. However, this may not settle the question, because Combetta will be interviewed three times and his answers will often be inacurate and/or contradictory. (Federal Bureau of Investigation, 9/23/2016)

July 2014 is the same month the State Department first informally requests Clinton’s emails. Mills and Samuelson will be two of three Clinton associates who sort through which emails to turn over and which to delete, along with Clinton’s personal lawyer David Kendall.

In late September 2014, PRN will send the rest of Clinton’s known emails to Mills and Samuelson.

Late July 2014—December 5, 2014: Heather Samuelson, one of Clinton’s lawyers, allegedly leads the sorting of over 60,000 of Clinton’s emails.

Heather Samuelson (Credit: public domain)

Heather Samuelson (Credit: public domain)

Samuelson’s task is to sort all the emails from Clinton’s tenure as secretary of state into those deemed work-related and those deemed personal. She appears to have no security clearance and no special skills or experience for such a task.

In late July 2014, Platte River Networks (PRN), the company managing Clinton’s private server, emails some of Clinton’s emails to the laptops of Samuelson and Cheryl Mills, another Clinton lawyer (and her former chief of staff). PRN sends Samuelson and Mills the rest of Clinton’s emails in late September 2014. In 2016, Samuelson will tell the FBI that the sorting review takes several months and is completed just prior to December 5, 2014, when copies of the work-related emails are given to the State Department.

According to Samuelson’s 2016 FBI interview, she does the sorting on her laptop. She puts the work-related emails she finds into a computer folder. She first adds all emails sent to or from Clinton’s email account with .gov and .mil email addresses. Then she searches the remaining emails for the names of senior leaders in the State Department, as well as members of Congress, foreign leaders, or other official contacts.

Finally, she conducts a keyword search of terms such as “Afghanistan,” “Libya,” and “Benghazi.” Samuelson will claim that she reviews the “to,” “from,” and “subject” fields of every email; but she doesn’t read the content of every individual email. In some instances, she decides a if an email is work or personal by only reviewing the “to,” “from,” and “subject’ fields.

After Samuelson finishes her sorting, she prints all of the emails to be given to the State Department using a printer in Mills’ office. Then Mills and Kendall subsequently reviews emails that Samuelson printed. Any hard copy of an email Mills and Kendall deem not to be work-related is shredded, and the digital copy of the email is removed from the computer folder Samuelson created of all of the work-related emails.

Mills will later tell the FBI that, she only reviewed emails where Samuelson requested her guidance. There is no sign in the FBI’s final report that Kendall was interviewed about this matter.

With the sorting process completed, Samuelson creates a .pst file containing all of the work-related emails, and also makes sure that all work-related emails are printed to give to the State Department. The .pst file is given to Kendall on a USB thumb drive. On August 6, 2015, Kendall will give this thumb drive to the FBI, with consent from Clinton.

This account appears to be based mostly or entirely on the accounts of Samuelson and Mills. An FBI report will note: “The FBI was unable to obtain a complete list of keywords or named officials searched from Samuelson, Mills, or Clinton’s other attorneys due to an assertion of [attorney-client] privilege. ”

The 30,068 emails deemed work-related are given to the State Department, while the 31,830 deemed personal will later be deleted. The FBI will eventually find over 17,000 of the deleted emails, and thousands of them will be determined work-related after all. (Federal Bureau of Investigation, 9/2/2016)

In Clinton’s July 2016 FBI interview, she will claim that she had no role whatsoever in the sorting process, other than telling her lawyers to do it.

Late July 2014—December 5, 2014: The Clinton lawyer who sorts Clinton’s emails appears to have no security clearance and no special skills to do so.

Heather Samuelson (Credit: LinkedIn)

Heather Samuelson (Credit: LinkedIn)

Between late July 2014 and December 5, 2014, Clinton lawyer Heather Samuelson spends “several months” sorting Clinton’s emails into work-related and personal, according to an account she will later give to the FBI.

Samuelon allegedly does the vast majority of the sorting by herself. Clinton will later claim that she had no direct involvement in determining which emails to keep or delete and left that process to her lawyers. Her personal lawyer David Kendall, her lawyer and former chief of staff Cheryl Mills allegedly only assist Samuelson when there is an email she is uncertain about.

Samuelson is said to be a Clinton loyalist, and she worked under Clinton in the State Department in the White House Liaison Office. But she has no background in federal record keeping, and it is unclear if she has any security clearance. (Politico, 9/4/2015)

In the FBI’s final report on their Clinton email investigation, released on September 2016, there will be no mention of Samuelson having any kind of security clearance when she sorts the emails. However, the report will mention when other people who handled Clinton’s emails did have security clearances, such as Bill Clinton aide Oscar Flores.

It will later emerge that thousaands of emails Samuelson sorted as personal were recovered after being deleted and found to be work-related. (Federal Bureau of Investigation, 9/2/2016)

August 2014: Senior State Department officials hold face-to-face negotiations with Clinton’s lawyers and advisers to gain access to all of her emails, but without results.

In July 2014, the State Department contacted Clinton’s staff and requested copies of all her work-related emails from her time as secretary of state. In this month, those efforts intensify with the face-to-face negotiations. However, the emails still are not handed over, so the State Department will formally request them in late October. (The Washington Post, 3/27/2016) (The New York Times, 3/5/2015)

Late September 2014: Clinton’s lawyers are sent the rest of Clinton’s emails so they can finish sorting them.

In late July 2014, the State Department informally requested Clinton to provide all her work-related emails from when she was secretary of state. Cheryl Mills, one of Clinton’s lawyers (as well as her former chief of staff), then had Platte River Networks (PRN), the company managing Clinton’s private server, send her and Clinton lawyer Heather Samuelson copies of all of Clinton’s emails that were sent to or received from anyone with a .gov email address.

According to a later FBI report, in late September 2014, Mills and Samuelson then ask an unnamed PRN employee to send them all of Clinton’s emails from her tenure as secretary of state, including emails sent to or received from non-.gov email addresses. Mills and Samuelson will later tell the FBI that “this follow-up request was made to ensure their review captured all of the relevant.” The PRN employee does so. (Federal Bureau of Investigation, 9/2/2016)

Although the name of the PRN employee is unknown, the only two employees actively managing Clinton’s server at the time are Paul Combetta and Bill Thornton. Combetta sent the earrlier batch of emails in late July 2014.

October 28, 2014: The State Department formally asks Clinton to turn over her emails from her time as secretary of state.

Starting in July 2014, State Department officials privately reached out to Clinton’s lawyers and advisers to gain access to her work-related emails on her private server. Face-to-face meetings on the issue followed in August. But with the emails still not appearing, on October 28, 2014, the Department formally asks Clinton for the emails. (The Washington Post, 3/27/2016)

Shortly After October 28, 2014: A computer file from Platte River has a key role in how Clinton’s emails are sorted, according to testimony by Cheryl Mills.

Cheryl Mills after testifying privately to the House Benghazi Committee while Representatives Elijah Cummings and Trey Gowdy stand behind her, on September 3, 2015. (Credit Stephen Crowley / The New York Times)

On September 3, 2015, Clinton’s former chief of staff Cheryl Mills will testify under oath in front of the House Benghazi Committee. After being asked about her role in sorting and deleting Clinton’s emails, Mills says that “after the letter came” from the State Department on October 28, 2014 asking for Clinton’s work-related emails, “Secretary Clinton asked [Clinton’s personal lawyer] David Kendall and myself to oversee a process to ensure that any records that could be potentially work-related were provided to the department.”

Mills is asked if she or Kendall were in physical possession of the server at the time.

She replies, “No. … [T]hat server, as I understand it, doesn’t contain any of her records. So we asked Platte River to give us a .pst [computer file] of all of her emails during the tenure where she was there, which they did. And we used that .pst to first search for and set aside all of the state.gov records, then to actually do a name search of all of the officials in the department so that we could ensure that all the senior officials that she would likely be corresponding with got looked at and searched for by name, and then a review of every sender and recipient so that you knew, if there was a misspelling or something that was inaccurate, that you would also have that review done, as well. And then that created the body of, I think, about 30,000 emails that ended up being ones that were potentially work-related, and not, obviously, completely, but it was the best that we could do, meaning obviously there were some personal records that are turned over, and the department has advised the Secretary of that.”

Mills further explains that she and Kendall “oversaw the process. The person who actually undertook it is a woman who worked for me.” This woman is another lawyer, Heather Samuelson, who Mills admits doesn’t have any specialized training or skills with the Federal Records Act or identifying official records.

Then Mills is asked what happened to the “universe of the .pst file” after the work-emails had been sorted out.

She replies: “So the potential set of federal records, we created a thumb drive that David Kendall kept at his office. And then the records themselves, that would have been the universe that they sent, Platte River took back. […] So they just removed it. So it ended up being on system, and they just removed it. And I don’t know what is the technological way they do it, because it’s a way you have to access it, and then they make it so you can’t access it anymore.” (House Benghazi Committee, 10/21/2015)

Between December 5, 2014 and December 11, 2014: Clinton tells Mills she doesn’t need her “personal” emails, resulting in Mills telling those managing Clinton’s server to delete them.

In 2016, Clinton’s former chief of staff Cheryl Mills will be interviewed by the FBI. Mills will claim that in December 2014, Clinton decided she no longer needed access to any of her emails older than 60 days. This comes shortly after the State Department formally asked Clinton for all of her work-related emails, on October 28, 2014. This decision has to take place before an email discussing it on December 11, 2014, written Paul Combetta, the Platte River Networks (PRN) employee managing Clinton’s private server.

Paul Combetta (Credit: Facebook)

Paul Combetta (Credit: Facebook)

Even so, Mills will claim she instructed Combetta to modify the email retention policy on Clinton’s clintonemail.com email account to reflect this change. (PRN is managing Clinton’s private server at the time.) This means that the 31,830 Clinton emails that Mills and Clinton’s other lawyers David Kendall and Heather Samuelson recently decided were not work-related will be deleted after 60 days.

However, Combetta will later say in an FBI interview that he forgot to make the changes to Clinton’s clintonemail.com account and didn’t make them until late March 2015.

Clinton will also later be interviewed by the FBI. She will claim that after her staff sent her work-related emails to the State Department on December 5, 2014, “she was asked what she wanted to do with her remaining personal emails. Clinton instructed her staff she no longer needed the emails. Clinton stated she never deleted, nor did she instruct anyone to delete, her emails to avoid complying with FOIA [Freedom of Information Act], State [Department], or FBI requests for information.”

However, Clinton saying her personal emails were no longer needed, then having Mills tell PRN to have them delete them after 60 days, will result in all of Clinton’s emails that her lawyers deemed personal getting permanently deleted. The FBI will later recover some of the emails through other means and discover that thousands actually were work-related. (Federal Bureau of Investigation, 9/2/2016)

September 27, 2015: Clinton says she wasn’t involved in deciding which emails to delete.

Asked if it’s possible that some work-related emails were deleted when Clinton deleted over 31,000 emails from her time as secretary of state, Clinton replies that the process was “exhaustive,” but “I didn’t look at them.”

Instead, her lawyers made the decisions.  Clinton adds, “I wanted them to be as clear in their process as possible. I didn’t want to be looking over their shoulder. If they thought it was work-related, it would go to the State Department. If not, then it would not.” (The Wall Street Journal, 9/27/2015)

May 24, 2016: The FBI interviews Heather Samuelson.

Samuelson is one of three Clinton lawyers who sorted Clinton’s emails to decide which ones were work-related and which ones were personal. She did most of the sorting, but she was supervised by Clinton lawyers Cheryl Mills and David Kendall. The FBI mostly asks her about this sorting process. (Federal Bureau of Investigation, 9/2/2016)

July 2, 2016: Clinton’s FBI interview is attended by Cheryl Mills and others who have an obvious conflict of interest.

Cheryl Mills, Katherine Turner and David Kendall sit behind Clinton as she appears before the House Select Committee on Benghazi on October 22, 2015. (Credit: Getty Images)

Cheryl Mills, Katherine Turner and David Kendall sit behind Clinton as she testifies to the House Select Committee on Benghazi on October 22, 2015. (Credit: Getty Images)

When an FBI summary of Clinton’s FBI interview on this day will be released in September 2016, it will reveal that five of Clinton’s lawyers are present during her questioning: Cheryl Mills, David Kendall, Heather Samuelson, Katherine Turner, and one whose name is redacted. Three of these lawyers – Mills, Kendall, and Samuelson – also have a key role to play in the Clinton email controversy the FBI investigated, because they were the ones who sorted over 60,000 of Clinton’s emails, which led to the controversial deletion of over 31,000 of them. Both Mills and Samuelson at least were interviewed by the FBI earlier in the investigation.

Furthermore, Mills was Clinton’s chief of staff and close aide through Clinton’s tenure as secretary of state, only becoming one of Clinton’s lawyers in 2013 after Clinton became a private citizen again.

Andrew McCarthy (Credit: Gatestone Institute)

Andrew McCarthy (Credit: Gatestone Institute)

Andrew McCarthy, a former assistant US attorney for the Southern District of New York later turned journalist, will note this in a later National Review article with the title: “Hillary Clinton’s Mind-Boggling FBI Interview – What Was Cheryl Mills Doing There?”

McCarthy will comment: “Mills was an actor in the facts that were under criminal investigation by the FBI. … [I]t is simply unbelievable to find her turning up at Mrs. Clinton’s interview – participating in the capacity of a lawyer under circumstances where Clinton was being investigated over matters in which Mills participated as a non-lawyer government official.”

He will add, “[L]aw enforcement never [interview] witnesses together – the point is to learn the truth, not provide witnesses/suspects with an opportunity to keep their story straight, which undermines the search for truth.” (National Review, 9/2/2016)

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 5, 2016: FBI Director Comey announces he will not recommend Clinton’s indictment on any charge, but he calls her “extremely careless” in handling highly classified information.

FBI Director James Comey announces his recommendation for Clinton and her aides on July 5, 2016. (Credit: Cliff Owen / The Associated Press)

FBI Director James Comey announces his recommendation in a press conference on July 5, 2016. (Credit: Cliff Owen / The Associated Press)

FBI Director James Comey gives a public speech in front of a group of reporters. The timing is surprising, since this brings an end to the FBI’s investigation of Clinton’s email practices, and just a Sunday and the Fourth of July holiday separate this from the FBI’s interview of Clinton on July 2, 2016. Comey spends most of his speech criticizing Clinton, but ends it by saying he will not recommend that the Justice Department pursue any indictment of Clinton or her aides.

Comey’s fifteen-minute speech includes the following information, in order, with key phrases bolded to assist in understanding.

Comey begins by describing the FBI investigation:

  • The investigation started with a referral from Intelligence Community Inspector General Charles McCullough, and “focused on whether classified information was transmitted” on Clinton’s personal email server during her time as secretary of state. It specifically “looked at whether there is evidence classified information was improperly stored or transmitted on that personal system, in violation of a federal statute making it a felony to mishandle classified information either intentionally or in a grossly negligent way, or a second statute making it a misdemeanor to knowingly remove classified information from appropriate systems or storage facilities.” The FBI “also investigated to determine whether there is evidence of computer intrusion in connection with the personal email server by any foreign power, or other hostile actors.”
  • The FBI found 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…”
  • The FBI analyzed the over 30,000 work emails that Clinton did turn over to the State Department in December 2014, working with other US government departments to determine which emails contained truly classified information at the time they were sent, and which ones were justifiably classified later.
  • James Comey (Credit: Fox News)

    James Comey (Credit: Fox News)

    From the group of 30,068 emails Clinton returned to the State Department, “110 emails in 52 email chains have been determined by the owning agency to contain classified information at the time they were sent or received. Eight of those chains contained information that was ‘top secret’ at the time they were sent; 36 chains contained ‘secret’ information at the time; and eight contained ‘confidential’ information, which is the lowest level of classification. Separate from those, about 2,000 additional emails were ‘up-classified’ to make them ‘confidential’; the information in those had not been classified at the time the emails were sent.”

  • It had previously been reported that the FBI had recovered most or all of the 31,830 emails that Clinton had deleted, allegedly because they contained personal information only. However, Comey reveals that was not the case, and thousands of emails were not recovered. He gives an example of how when one of Clinton’s servers was decommissioned in 2013, the email was removed and broken up into millions of fragments.
  • The FBI “discovered several thousand work-related emails” that were not included in the 30,068 emails Clinton returned to the State Department, even though Clinton claimed under oath that she had returned all her work-related emails. The FBI found these after they “had been deleted over the years and we found traces of them on devices that supported or were connected to the private email domain.” Others were found in the archived government email accounts of other government employees whom Clinton frequently communicated with. Still others were found “from the laborious review of the millions of email fragments” of the server decommissioned in 2013.
  • Out of these additional work emails, three were classified at the time they were sent or received – none at the ‘top secret’ level, one at the ‘secret’ level, and two at the ‘confidential’ level. None were found to have been deemed classified later.
  • Furthermore, Comey claims “we found no evidence that any of the additional work-related emails were intentionally deleted in an effort to conceal them. Our assessment is that, like many email users, Secretary Clinton periodically deleted emails or emails were purged from the system when devices were changed. Because she was not using a government account—or even a commercial account like Gmail—there was no archiving at all of her emails, so it is not surprising that we discovered emails that were not on Secretary Clinton’s system in 2014, when she produced the 30,000 emails to the State Department.”
  • 160705DeletingAttorneys

    The three Clinton attorneys who deleted emails are David Kendall (left), Cheryl Mills (center), and Heather Samuelson (right). (Credit: public domain)

    However, he also admits that “It could also be that some of the additional work-related emails we recovered were among those deleted as ‘personal’ by Secretary Clinton’s lawyers when they reviewed and sorted her emails for production in 2014.” He claims that the three lawyers who sorted the emails for Clinton in late 2014 (David Kendall, Cheryl Mills, and Heather Samuelson) “did not individually read the content of all of her emails…” Instead, they used keyword searches to determine which emails were work related, and it is “highly likely their search terms missed some work-related emails” that were later found by the FBI elsewhere.

  • Comey states it is “likely” that some emails may have disappeared forever. because Clinton’s three lawyers “deleted all emails they did not return to State, and the lawyers cleaned their devices in such a way as to preclude complete forensic recovery.” But he says that after interviews and technical examination, “we believe our investigation has been sufficient to give us reasonable confidence there was no intentional misconduct in connection with that sorting effort.”

Comey then begins stating his findings:

  • “Although we did not find clear evidence that Secretary Clinton or her colleagues intended to violate laws governing the handling of classified information, there is evidence that they were extremely careless in their handling of very sensitive, highly classified information.”
  • As an example, he points out that “seven email chains concern matters that were classified at the ‘Top Secret/Special Access Program’ [TP/SAP] level when they were sent and received. These chains involved Secretary Clinton both sending emails about those matters and receiving emails from others about the same matters. There is evidence to support a conclusion that any reasonable person in Secretary Clinton’s position, or in the position of those government employees with whom she was corresponding about these matters, should have known that an unclassified system was no place for that conversation.”
  • He adds that it was a similar situation with emails classified at the “secret” level when they were sent, although he doesn’t specify how many.
  • He comments, “None of these emails should have been on any kind of unclassified system, but their presence is especially concerning because all of these emails were housed on unclassified personal servers not even supported by full-time security staff, like those found at departments and agencies of the US government—or even with a commercial service like Gmail.”
  • He notes that “only a very small number of the emails containing classified information bore markings indicating the presence of classified information. But even if information is not marked ‘classified’ in an email, participants who know or should know that the subject matter is classified are still obligated to protect it.”
  • He then criticizes the State Department as a whole. The FBI found evidence that “the security culture” of the State Department “was generally lacking in the kind of care for classified information found elsewhere in the government.” This was especially true regarding the use of unclassified email systems.
  • Then he addresses whether “hostile actors” were able to gain access to Clinton’s emails. Although no direct evidence of any successful hacking was found, he points out that “given the nature of the system and of the actors potentially involved, we assess that we would be unlikely to see such direct evidence. We do assess that hostile actors gained access to the private commercial email accounts of people with whom Secretary Clinton was in regular contact from her personal account. We also assess that Secretary Clinton’s use of a personal email domain was both known by a large number of people and readily apparent. She also used her personal email extensively while outside the United States, including sending and receiving work-related emails in the territory of sophisticated adversaries. Given that combination of factors, we assess it is possible that hostile actors gained access to Secretary Clinton’s personal email account.”

After laying out the evidence of what the FBI found, Comey moves to the FBI’s recommendation to the Justice Department. He admits that it is highly unusual to publicly reveal the FBI’s recommendation, but “in this case, given the importance of the matter, I think unusual transparency is in order.”

James Comey (Credit: NPR)

James Comey (Credit: NPR)

Then he comes to these conclusions:

  • “Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case. Prosecutors necessarily weigh a number of factors before bringing charges. There are obvious considerations, like the strength of the evidence, especially regarding intent. Responsible decisions also consider the context of a person’s actions, and how similar situations have been handled in the past.”
  • To justify this decision, he claims he examined other cases involving the mishandling or removal of classified information, and “we cannot find a case that would support bringing criminal charges on these facts. All the cases prosecuted involved some combination of clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice. We do not see those things here.”
  • He then says, “To be clear, this is not to suggest that in similar circumstances, a person who engaged in this activity would face no consequences. To the contrary, those individuals are often subject to security or administrative sanctions. But that is not what we are deciding now. As a result, although the Department of Justice makes final decisions on matters like this, we are expressing to Justice our view that no charges are appropriate in this case.”
  • He concludes by saying the FBI’s investigation was done competently, honestly, and independently, and without any kind of outside influence.

He doesn’t address the possibility of recommending the indictment of any of Clinton’s aides or other figures like Sid Blumenthal or Justin Cooper. He also doesn’t make any mention of the Clinton Foundation, though there have been media reports the FBI has been investigating it as well. After finishing his speech, he leaves without taking any questions from the media. (Federal Bureau of Investigation, 7/5/2016)

July 7, 2016: FBI Director Comey says Clinton’s lawyers didn’t read every email before deleting some of them.

At a Congressional hearing, FBI Director James Comey is asked by Representative Trey Gowdy (R), “Secretary Clinton said her lawyers read every one of the emails and were overly inclusive. Did her lawyers read the email content individually?”

Comey simply replies, “No.”

(Clinton’s lawyers involved in sorting her emails are David Kendall, Cheryl Mills, and Heather Samuelson.) In Congressional testimony under oath in October 2015, Clinton claimed that her lawyers did read every email.

Comey also says he doesn’t believe Clinton knew her legal team deleted thousands of work-related emails. And he says, “I don’t think there was any specific instruction or conversation between the secretary and her lawyers” in which Clinton approved that some work-related emails be deleted. He also believes that Clinton didn’t “know that her lawyers cleaned devices in such a way to preclude forensic recovery,” a matter about which the FBI asked Clinton  in her FBI interview. (Politico, 7/7/2016) (CNN, 7/7/2016)