January 22, 2009: Clinton signs a non-disclosure agreement promising to safeguard a type of top secret information.

Hillary's signature on the non-disclosure agreement (NDA). (Credit: public domain)

Hillary’s signature on the non-disclosure agreement (NDA). (Credit: public domain)

The non-disclosure agreement (NDA) concerns “sensitive compartmented information” (SCI), which is a type of “top secret” classification. In signing the agreement, Clinton acknowledges any “breach” could result in “termination of my access to SCI and removal from a position of special confidence and trust requiring such access as well as the termination of my employment or any other relationships with any department or agency that provides me with access to SCI.” (US Department of State, 11/5/2015)

This is one of two NDAs Clinton signs on this day.

It will later be revealed that out of the over 30,000 emails Clinton turned over to the State Department in December 2014, three of them were deemed “top secret / Sensitive Compartmented Information.”

August 23, 2015: One of Clinton’s former security managers cannot believe Clinton didn’t recognize “top secret” information in her emails.

Colonel Larry Mrozinski (Credit: Twitter)

Colonel Larry Mrozinski (Credit: Twitter)

Former Army Colonel Larry Mrozinski disagrees with a recent statement by Clinton in which she claimed, “I did not receive any material marked or designated classified, which is the way you know whether something is [classified].” He says, “That’s total BS.” Mrozinski was a senior military adviser and security manager in the State Department under both Condoleezza Rice and Clinton.

Referring to media reports that at least some of Clinton’s emails were deemed TS/SCI, or “Top Secret/Sensitive Compartmented Information,” he says, “TS/SCI is very serious and specific information that jumps out at you and screams ‘classified.’ […] It’s hard to imagine that in her position she would fail to recognize the obvious,” such as the keywords and phrases commonly used only in those emails, as well as its sourcing. “This is a serious breach of national security, and a clear violation of the law. […] You are strictly forbidden to discuss TS/SCI of any kind outside a SCIF [a highly secure reading room], [yet] she was viewing and handling it in direct violation of the law and possibly exposing it to our enemies. Anybody else would have already lost their security clearance and be subjected to an espionage investigation. But apparently a different standard exists for Mrs. Clinton.” (The New York Post, 8/23/2015)

September 2, 2016: The FBI provides statistics on the number of Clinton’s classified emails, but those numbers diverge wildly from the State Department’s numbers.

The FBI Clinton email investigation’s final report, released on this day, details how many of Clinton’s emails were deemed classified, and when, and at what level. This data is according to FBI and Intelligence Community (IC) classification reviews, which is different from a State Department review mentioned below:

  • 81 email chains containing approximately 193 individual emails were classified at the “confidential,” “secret,” and “top secret” levels at the time the emails were drafted on unclassified systems and sent to or from Clinton’s personal server.
  • Of the 81 email chains classified at the time they were sent, 68 remain classified.
  • Twelve of these email chains, classified at the “confidential” or “secret” levels, were not included in the over 30,000 emails turned over by Clinton in December 2014. Apparently, no “top secret” emails were in this category.
  • Thirty-six of the 81 email chains were classified at the “confidential” level.
  • Thirty-seven of the chains were at the “secret” level.
  • Eight of the chains were at the “top secret” level.
  • Out of the eight “top secret” chains, seven chains contained information associated with a Special Access Program (SAP), and three email chains contained Sensitive Compartmented Information (SCI). One “top secret”/SCI email was later downgraded to a current classification of “secret.”
  • Thirty-six of the 81 classified email chains were determined to be Not-Releasable to Foreign Governments (NOFORN) and 2 were considered releasable only to Five Allied partners (FVEY) – the US, Britain, Canada, Australia, and New Zealand.
  • Sixteen of the email chains, classified at the time the emails were sent, were downgraded in current classification by Intelligence Community (IC) agencies.
  • By contrast, the State Department’s FOIA process identified 2,028 emails currently at the “confidential” level and 65 currently at the “secret” level, for a total of 2093 emails.

The FBI report further notes: “Of these emails, FBI investigation identified approximately 100 emails that overlapped with the 193 emails (80 email chains) determined through the FBI classification review to be classified at the time sent. All except one of the remaining 2,093 emails were determined by the State FOIA process to be ‘confidential’, with one email determined to be ‘secret’ at the time of the FOIA review. State did not provide a determination as to whether the 2,093 emails were classified at the time they were sent.”

It is unclear why the FBI and IC numbers are so different from the State Department numbers when it comes to “confidential” level emails. The FBI and IC identified 36 of the 81 email chains were classified at the “confidential” level, while the State Department identified 2,028 emails at the “confidential” level. And while one cannot compare email chains to emails, all 81 classified emails chains only contained 193 individual emails, so the 36 “confidential” chains must contain fewer emails than that.

Furthermore, the FBI found an additional 17,000 emails to the over 30,000 work-related emails Clinton gave to the State Department, and it appears these largely haven’t been analyzed. It hasn’t even been reported how many of them are work-related. (Federal Bureau of Investigation, 9/2/2016)