November 2013 and December 2014: Clinton’s personal lawyer David Kendall and his law partner get security clearances, but they probably aren’t valid for the Clinton emails he possesses.

Katherine Turner (Credit: Williams & Connolly)

Katherine Turner (Credit: Williams & Connolly)

Kendall gets a “Top Secret/Sensitive Compartmented Information” (TS/SCI) security clearance from the Justice Department in November 2013. He and his Williams & Connolly law partner Katherine Turner also get a “top secret” clearance from the State Department in December 2014. This is so Kendall can review information related to the House Benghazi Committee’s on-going investigation.

At some point in late 2014, Kendall, Cheryl Mills (Clinton’s chief of staff), and Heather Samuelson (another lawyer) read and sort through all of Clinton’s over 60,000 emails from Clinton’s time as secretary of state. At least 22 of these will later be determined to have contained “top secret” information. Kendall then keeps a copy of over 30,000 of Clinton’s emails, including the 22 top secret ones, in a safe in the office he shares with Turner.

Only in July 2015 will government security officials give him first one safe and then a second more secure safe to hold the thumb drive containing Clinton’s emails, before Kendall gives up the thumb drive in August 2015.

Senate Judiciary Committee Chuck Grassley (R) will later suggest, “Neither Mr. Kendall nor Ms. Turner have a security clearance at a sufficient level to be a custodian of TS/SCI material. Thus, it appears Secretary Clinton sent TS/SCI material to unauthorized persons.” Politico will later point out, “Clearances, especially Top Secret ones, are normally granted in connection with specific matters and do not entitle recipients to all information classified at that level…” (Politico, 8/25/2015) 

Furthermore, Clinton’s emails are handed over to the State Department on December 5, 2014, making it likely that at least some of the time-consuming reading and sorting of 60,000 emails took place prior to the security clearances that were given in November 2014. (The Washington Post, 3/10/2015) 

John Schindler, a former NSA counterintelligence official, will later comment, “TS/SCI information must always be placed in a Secure Compartmented Information Facility (SCIF), a special, purpose-built room designed to protect against physical and electronic intrusion. A full-blown SCIF surely Kendall did not possess. […] Anything less is a clear violation of Federal law. Hillary has placed herself and her attorney in a precarious position here.” (John Schindler, 8/26/2015)

Additionally, it is unknown if Mills and Samuelson, who read and sorted all of Clinton’s emails with Kendall, had the security clearances to do so.

2014: The data on Clinton’s first private server is transferred to another computer, causing some of Clinton’s emails to be lost.

When Clinton became secretary of state in January 2009, her emails were hosted on her first private email server, which was an Apple computer (either an Apple Power Macintosh G4 or G5 tower). In March 2009, the server was replaced by a new one built by Clinton’s computer technician Bryan Pagliano. The old server was repurposed to serve as a personal computer and/or workstation for household staff at Clinton’s Chappaqua, New York, house.

At some unknown point in 2014, the data on this Apple computer is transferred to an Apple iMac computer. The hard drive of the old Apple computer is then discarded. Clinton’s emails from January 2009 until around March 18, 2009, are apparently lost as a result.

On October 14, 2015, Williams & Connolly, the law firm of Clinton’s personal lawyer David Kendall, tells the Justice Department that a review of the iMac was conducted, as requested by the Justice Department, and no emails were found belonging to Clinton from when she was secretary of state. The FBI will not directly examine the iMac. (Federal Bureau of Investigation, 9/2/2016)

December 5, 2014: Two out of 14 boxes of Clinton’s work-related emails may get lost.

An unnamed State Department official who worked in the Office of Information Programs and Services (IPS) will be interviewed by the FBI on August 17, 2015.

She says that, “Initially, IPS officials were told there were 14 bankers boxes of former Secretary of State Hillary Clinton’s emails at Clinton’s Friendship Heights office” near Washington, DC. But “on or about December 5, 2014, IPS personnel picked up only 12 bankers boxes of Clinton’s emails from Williams & Connolly,” which contains the office of David Kendall, Clinton’s personal lawyer. The State Department officials involved were not sure if the boxes “were consolidated or what could have happened to the two other boxes.” (Federal Bureau of Investigation, 9/23/2016) December 5, 2014 is the day Clinton gives 55,000 pages containing 30,000 of her work-related emails to the State Department.

Although it’s unclear if any emails actually got lost, Fox News will publish an article about this on October 6, 2016, not long after the FBI interview of the official is made public. (Fox News, 10/6/2016) Republican presidential candidate Donald Trump will then mention the lost boxes in a presidential debate against Clinton three days later.

Early May 2015—Early July 2015: Patrick Kennedy and other State Department officials allegedly attempt to change or remove the classification codes of some Clinton emails to make their release less politically damaging for Clinton.

An unnamed State Department official who worked in the Office of Information Programs and Services (IPS) will be interviewed by the FBI on August 17, 2015. She will claim there was a deliberate effort to change some Clinton emails bearing the “B(1)” code, which classifies information due to “national security,” to the “B(5)” code, which classifies information mostly due to “interagency or intra-agency communications.”

This person “believed there was interference with the formal [Freedom of Information Act] FOIA review process. Specifically, [the State Department’s] Near East Affairs Bureau upgraded several of Clinton’s emails to a classified level with a B(1) release exemption. [Redacted] along with [redacted] attorney, Office of Legal Counsel called State’s Near East Affairs Bureau and told them they could use a B(5) exemption on an upgraded email to protect it instead of the B(1) exemption.”

Under Secretary of State Patrick Kennedy (Credit: Brendan Hoffman / Getty Images)

Under Secretary of State Patrick Kennedy (Credit: Brendan Hoffman / Getty Images)

The interviewee reported in early May 2015 that Under Secretary for Management Patrick Kennedy “held a closed-door meeting with [redacted]  and [redacted] [Justice Department’s] Office of Information Programs where Kennedy pointedly asked [redacted] to change the FBI’s classification determination regarding one of Clinton’s emails, which the FBI considered classified. The email was related to FBI counter-terrorism operations.” (Federal Bureau of Investigation, 9/23/2016)

In October 2016, Fox News will report, “This appears to be one of two emails that kick-started the FBI [Clinton email investigation] in the summer of 2015.” (Fox News, 10/6/2016) The email in question was sent on November 18, 2012 by department official Bill Roebuck and forwarded to Clinton by her aide Jake Sullivan. If Kennedy tried to change the classified code on this email he must have failed, because when the email is published on May 22, 2015, it is classified at the “secret” level (the medium level below “top secret”) due to a section using the B(1) code. (US Department of State, 5/22/2015)

However, classification codes may be changed on other emails. On August 26, 2015, Fox News will report that “Kennedy, who was deeply involved in the Benghazi controversy, is running interference on the classified email controversy on Capitol Hill. Two sources confirmed that Kennedy went to Capitol Hill in early July [2015] and argued [the November 18, 2012] email from Clinton aide Jake Sullivan [plus one other email] did not contain classified material. … One participant found it odd Kennedy insisted on having the discussion in a secure facility for classified information, known as a SCIF,” although Kennedy claimed the two emails were unclassified. (Fox News, 8/26/2015)

Then, on September 1, 2015, Fox News will report that “At least four classified Hillary Clinton emails had their markings changed to a category that shields the content from Congress and the public… in what State Department whistleblowers believed to be an effort to hide the true extent of classified information on the former secretary of state’s server. The changes, which came to light after the first tranche of 296 Benghazi emails was released in May [2015], was confirmed by two sources — one congressional, the other intelligence. The four emails originally were marked classified after a review by career officials at the State Department. But after a second review by the department’s legal office, the designation was switched to ‘B5’…”

Kate Duval (Credit: LinkedIn)

Kate Duval (Credit: LinkedIn)

One of the lawyers in the office where the changes are made is Kate Duval, who once worked for Williams & Connolly, the same law firm as Clinton’s personal lawyer David Kendall.  Duval also served as an attorney and advisor in the Obama Administration on oversight issues and high-profile investigations, most recently at the Department of State and, before that, as Counselor to the Commissioner of the Internal Revenue Service. There are internal department complaints that Duval, and a second lawyer also linked to Kendall, “gave at the very least the appearance of a conflict of interest during the email review. A State Department spokesman did not dispute the basic facts of the incident, confirming to Fox News the disagreement over the four classified emails as well as the internal complaints. But the spokesman said the concerns were unfounded.” (Fox News, 9/1/2015)

Kennedy will also be interviewed by the FBI on December 21, 2015. Redactions will make the interview summary difficult to follow, but apparently he will be asked about these accusations. He will say that while the official who accused him “says it like it is” and has “no fear of telling truth to power,” he “categorically rejected” the allegations of classified code tampering. (Federal Bureau of Investigation, 9/23/2016)

June 24, 2015—August 6, 2015: Clinton’s emails are not properly secured with her lawyer.

The location of Williams & Connolly LLP offices, in Washington, DC. (Credit: Google Earth)

The location of Williams & Connolly LLP offices, in Washington, DC. (Credit: Google Earth)

On June 24, 2015, Intelligence Community Inspector General Charles McCullough learns in a letter written by Clinton’s personal lawyer David Kendall that copies of Clinton’s emails are being kept on a thumb drive in a safe in Kendall’s Washington, DC, office. This concerns McCullough, since those emails may still contain highly classified information.

The next day, McCullough calls an FBI official and has that person work with the State Department to give Kendall a government-issued safe to store the thumb drive instead. (The Washington Post, 8/14/2015

The safe is installed in the office Kendall shares with his Williams & Connolly law partner Katherine Turner on July 6. Kendall and Turner had both recently gotten security clearances. (Politico, 8/25/2015) 

However, concerns soon arise that some of Clinton’s emails may contain “top secret” classified material, and even the new safe may not be secure enough. Additionally, the security clearances of Kendall and Turner may not be high enough to allow them to read or possess top secret information. Further security arrangements are made, although it’s not clear what those are.

Kendall finally turns the thumb drive over to the FBI on August 6, ending the problem. (Politico, 9/17/2015)

August 6, 2015: Clinton’s lawyers give the FBI a thumb drive containing over 30,000 Clinton work-related emails.

Williams & Connolly, the law firm of Clinton’s personal lawyer David Kendall, gives the FBI a thumb drive which has a .pst file containing 30,524 emails. On December 5, 2014, Clinton’s lawyers gave the State Department 30,490 emails, sorted to be all of Clinton’s work-related emails. It isn’t clear why there is a 34 email difference.

On July 31, 2016, the Justice Department asked Kendall to turn over his thumb drive.

Clinton lawyer Heather Samuelson put the .pst file on a thumb drive and gave it to Kendall around the above-mentioned December 5, 2014 date. (Federal Bureau of Investigation, 9/2/2016)

October 3, 2015: The FBI picks up the most recent Clinton email server, which is still being used by Clinton.

An inside look at the Equinix facility in Secaucus, NJ. (Credit: Chang W. Lee / New York Time)

An inside look at the Equinix facility in Secaucus, New Jersey. (Credit: Chang W. Lee / New York Time)

Although the mainstream media in 2015 generally mentions only one Clinton email server, there actually are two in existence at this time. Both are located at an Equinix data center in Secaucus, New Jersey, and both are managed by Platte River Networks (PRN).

Clinton’s emails and other data had been transferred from the old server (which the FBI will later call the “Pagliano Server”) to the new server (which the FBI will call the “PRN Server”) in late June 2013, leaving the old server mostly empty but still running. On August 12, 2015, the FBI only picked up the old server for analysis.

A September 2016 FBI report will explain, “At the time of the FBI’s acquisition of the Pagliano Server, Williams & Connolly [the law firm of Clinton’s personal lawyer David Kendall] did not advise the US government of the existence of the additional equipment associated with the Pagliano Server, or that Clinton’s clintonemail.com emails had been migrated to the successor PRN Server remaining at Equinix. The FBI’s subsequent investigation identified this additional equipment and revealed the email migration.”

The report will continue, “As a result, on October 3, 2015, the FBI obtained, via consent provided by Clinton through Williams & Connolly, both the remaining Pagliano Server equipment and the PRN Server, which had remained operational and was hosting Clinton’s personal email account until it was disconnected and produced to the FBI.” (Federal Bureau of Investigation, 9/2/2016)

October 16, 2015: Clinton’s lawyer gives the FBI two BlackBerrys that prove useless to the FBI’s Clinton investigation.

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David Kendall (Credit: Agence France Presse / Getty Images)

On this day, Williams & Connolly, the law firm of Clinton’s personal lawyer David Kendall, gives two BlackBerrys to the FBI and indicates they might contain or have previously contained emails from Clinton’s tenure as secretary of state. But FBI forensic analysis will find no evidence that either BlackBerry were ever connected to one of Clinton’s personal servers or contained any of her emails. The two BlackBerrys don’t even contain SIM cards or Secure Digital (SD) cards.

The FBI determines that Clinton used 11 BlackBerrys while secretary of state, and two more using the same phone number, but these two BlackBerrys are not any of those. (Federal Bureau of Investigation, 9/2/2016)

February 9, 2016—February 22, 2016: The FBI is unable to obtain any of Clinton’s BlackBerrys to examine them; two useful Clinton iPads are found, but they only contain three previously unknown emails.

The FBI’s Clinton email investigation determines that Clinton used 11 BlackBerrys while she was secretary of state, and two more using the same phone number after she left office. On February 9, 2016, the Justice Department requests all 13 BlackBerrys from Williams & Connolly, the law firm of Clinton’s personal lawyer David Kendall.

Williams & Connolly replies on February 22, 2016 that they were unable to locate any of them. As a result, the FBI is unable to acquire or forensically examine any of Clinton’s BlackBerrys.

The FBI also identifies five iPads associated with Clinton which she could have used to send emails. The FBI obtains three of them, though it’s not clear if they come from Williams & Connolly or other sources. One iPad was given away by Clinton shortly after she bought it, so it is not examined by the FBI.

Out of the other two, one contains three previously unknown Clinton emails from 2012 in the “drafts”” folder. The FBI assesses the three emails and determines they don’t contain any potentially classified information. (Federal Bureau of Investigation, 9/2/2016)

February 22, 2016: The FBI trusts Clinton’s account and does not check if her latest private server contains any of her old emails.

In December 2014, a hrcoffice.com domain was created on a different private server, and apparently Clinton switched to using an email account on that server around that time.

On February 22, 2016, Williams & Connolly, the law firm of Clinton’s personal lawyer David Kendall, tells the FBI in a letter: “Secretary Clinton did not transfer her clintonemail.com emails for the time period January 21, 2009 through February 1, 2013 to her hrcoffice.com account.” This time period represents Clinton’s tenure as secretary of state.

The FBI apparently trusts Clinton’s lawyer. A September 2016 FBI report will state: “The investigation found no evidence Clinton’s hrcoffice.com account contained or contains potentially classified information or emails from her tenure as secretary of state. The FBI has, therefore, not requested or obtained equipment associated with Clinton’s hrcoffice.com account.” (Federal Bureau of Investigation, 9/2/2016)

July 2, 2016: The FBI finally interviews Clinton as part of its email investigation.

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The Secret Service stands on guard at the home of Hillary Clinton in Washington, DC, on July 2, 2016. (Credit: Cliff Owen / The Associated Press)

After months of speculation and after interviews with Clinton’s top aides, the FBI finally directly interviews Hillary Clinton. The interview takes place on a Saturday morning over the Fourth of July weekend, and takes place at FBI headquarters in Washington, DC. Although some news reports one day earlier correctly predicted the day it would take place, no photographers are able to take any pictures of her arriving or leaving.

The New York Times reports, “The interview had been weeks in the making as law enforcement officials and Mrs. Clinton’s team coordinated schedules. Democrats also hoped that holding the interview on a holiday weekend might ease the anticipated storm.”

The interview takes place just three weeks before Clinton is expected to be nominated for president at the Democratic convention. It lasts three and a half hours, a time some consider short after a year-long investigation. It is said to be voluntary, meaning she wasn’t subpoenaed.

Clinton is accompanied into the meeting by her personal lawyer David Kendall, her longtime aides and lawyers Cheryl Mills and Heather Samuelson, and Katherine Turner and Amy Saharia, who are lawyers from Kendall’s firm Williams & Connolly. Eight officials from the FBI and the Justice Department conduct the interview.

Little is publicly revealed about the content of the interview. However, one unnamed person who is “familiar with the substance of the session”  characterizes the meeting as “civil” and “businesslike.”

It is anticipated that the interview means the FBI’s interview is nearing a conclusion. However, the Times also reports, “Although the interview on Saturday was an important step toward closure on the email issue, technical analysis of the material remains to be done and could stretch on for an indeterminate period.” (The New York Times, 7/2/2016)

Several days later, it will be revealed that the interview was not recorded, due to FBI policy, and Clinton didn’t have to swear an oath to tell the truth. Also, FBI Director James Comey was not one of the five or six FBI officials to take part, although he had previously given indications that he would. (The Hill, 7/7/2016)