BlackBerrys from Clinton’s time as secretary of state can be used for instant messages as well as emails. Bloomberg reports that Clinton’s “top aides frequently used instant text messages to talk with each other, a form of communication that isn’t captured or archived by the State Department. It is not clear whether Clinton herself used her BlackBerry’s instant message service, as her aides did.” (Bloomberg News, 3/5/2015)
The Republican National Committee (RNC) files two Freedom of Information Act (FOIA) lawsuits seeking more emails from Clinton and her top aides.
The first lawsuit seeks all emails the State Department has that are to and from Clinton, as well as Clinton’s top aides Cheryl Mills, Jake Sullivan, Patrick Kennedy, and Bryan Pagliano. (Huma Abedin isn’t included because she’s covered in another FOIA lawsuit.) The lawsuit is also seeking all of Clinton’s text messages as well as BlackBerry Messenger communications.
The second lawsuit seeks emails between senior State Department officials and Clinton’s 2016 Democratic presidential campaign and its allied entities. The RNC asked the State Department for the emails in October 2015 but hadn’t gotten any yet. RNC chair Reince Priebus says, “The Obama administration has failed to comply with records requests in a timely manner as required by law.” (The Hill, 3/9/2016)
Although Clinton says she has already turned over all her work-related emails, some more will be found by the State Department due to another limited FOIA lawsuit later in March, suggesting more could be uncovered by the department. (The Hill, 3/24/2016) (ABC News, 3/9/2016)
In March 2016, the Republican National Committee (RNC) filed a Freedom of Information Act (FOIA) request for more of Clinton’s communications. For the first time, that included a request for all of her text and Blackberry Messenger communications.
However, on this day, the RNC states in a court filing that the State Department has recently informed them that it has not found any documents responsive to that request. (ABC News, 5/9/2016) It is possible some texts could still be on Clinton’s BlackBerry, but it is unclear what happened to it, as there have been no media reports that it was given to the FBI.