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.

October 23, 2015: A computer company tells the FBI that its back-up copy of Clinton’s private server data was deleted in late March 2015.

Steven Cash (Credit: LinkedIn)

Steven Cash (Credit: LinkedIn)

Steven Cash is a lawyer for Datto, Inc., the company that has been backing up the data on Clinton’s private server. They have been subcontracted to do this by Platte River Networks (PRN), the company managing the server. Cash emails an unnamed FBI agent, informing him of several issues to be aware of prior to a conference call planned for later that day.

A Datto hard drive, the Datto SIRIS S2000, has been attached to Clinton’s server since June 2013. Cash says that Datto technical experts have reviewed administrative files and discovered through the device’s Internet interface that a series of deletions took place on the device on March 31, 2015, between 11:27 a.m. and 12:41 a.m. The data had a date range from January 28, 2015 to March 24, 2015.

Furthermore, a much greater amount of data had been “deleted automatically based on the local device’s then-configured pruning parameters.” Cash writes that “These manual requests were requested from the Local Device’s web interface for the [redacted] agent…” (US Congress, 9/12/2016) While it is possible a person’s is in the redacted space, it could also be something such as “PRN employee.”

In a May 2016 FBI interview, PRN employee Paul Combetta will confess to deleting all of Clinton’s emails on her server as well as the Datto back-up device in precisely this time period, between March 25, 2015 and March 31, 2015. It is not known if the FBI knew of the deletions prior to this letter from Datto. However, the letter certainly makes it clear, but this will not become public knowledge until an FBI report released in September 2016, almost one year later.