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1On March 10, 2015, Secretary Clinton made the following pubic statements about her use of a private email server for State Department business:
2
3
4https://www.washingtonpost.com/news/post-politics/wp/2015/03/10/transcript-hillary-clinton-addresses-e-mails-iran/
5
6	Hillary Rodham Clinton said Tuesday that "it would have been probably smarter" to use two e-mail accounts during her time as secretary of state. Here is a complete transcript of her remarks.
7
8	...Now, I would be pleased to talk more about this important matter, but I know there have been questions about my email, so I want to address that directly, and then I will take a few questions from you.
9
10	There are four things I want the public to know.
11
12	First, when I got to work as secretary of state, I opted for convenience to use my personal email account, which was allowed by the State Department, because I thought it would be easier to carry just one device for my work and for my personal emails instead of two.
13
14	Looking back, it would've been better if I'd simply used a second email account and carried a second phone, but at the time, this didn't seem like an issue.
15
16	Second, the vast majority of my work emails went to government employees at their government addresses, which meant they were captured and preserved immediately on the system at the State Department.
17
18	Third, after I left office, the State Department asked former secretaries of state for our assistance in providing copies of work- related emails from our personal accounts. I responded right away and provided all my emails that could possibly be work-related, which totalled roughly 55,000 printed pages, even though I knew that the State Department already had the vast majority of them. We went through a thorough process to identify all of my work- related emails and deliver them to the State Department. At the end, I chose not to keep my private personal emails -- emails about planning Chelsea's wedding or my mother's funeral arrangements, condolence notes to friends as well as yoga routines, family vacations, the other things you typically find in inboxes.
19
20	No one wants their personal emails made public, and I think most people understand that and respect that privacy.
21
22	Fourth, I took the unprecedented step of asking that the State Department make all my work-related emails public for everyone to see.
23
24	I am very proud of the work that I and my colleagues and our public servants at the department did during my four years as secretary of state, and I look forward to people being able to see that for themselves.
25
26	Again, looking back, it would've been better for me to use two separate phones and two email accounts. I thought using one device would be simpler, and obviously, it hasn't worked out that way.
27
28
29And also:
30
31
32https://www.washingtonpost.com/news/post-politics/wp/2015/03/10/transcript-hillary-clinton-addresses-e-mails-iran/
33	...I did not email any classified material to anyone on my email. There is no classified material.
34
35
36As it turns out, Clinton's statements were less than truthful. Lying to the public isn't illegal, but a person's lies can be used in court to show intent or guilt. When Comey declined to indict Clinton and later testified about his decision, he did a pretty bad job of taking that into account. Related to this, Comey also made some unusual decisions and statements about the case, which are illuminating as to his character and possible intentions. It's worth looking at in detail.
37
38
39Claim #1: Clinton never sent or received anything classified:
40
41
42https://www.washingtonpost.com/news/post-politics/wp/2015/03/10/transcript-hillary-clinton-addresses-e-mails-iran/
43	 March 10, 2015
44
45	QUESTION: Were you ever -- were you ever specifically briefed on the security implications of using -- using your own email server and using your personal address to email with the president?
46
47	CLINTON: I did not email any classified material to anyone on my email. There is no classified material.
48
49	So I'm certainly well-aware of the classification requirements and did not send classified material.
50
51
52https://www.nytimes.com/2015/07/24/us/politics/inquiry-is-sought-in-hillary-clinton-email-account.html
53	Inquiry Sought in Hillary Clinton’s Use of Email
54
55	JULY 23, 2015
56
57	Two inspectors general have asked the Justice Department to open an investigation into whether sensitive government information was mishandled in connection with the personal email account Hillary Rodham Clinton used as secretary of state, senior government officials said Thursday.
58
59	The request follows an assessment in a June 29 memo by the inspectors general for the State Department and the intelligence agencies that Mrs. Clinton’s private account contained “hundreds of potentially classified emails.”
60
61
62http://abcnews.go.com/Politics/week-transcript-sen-bernie-sanders-gov-bobby-jindal/story?id=33383476
63	July 26, 2015 
64
65	CLINTON: I am confident that I never sent nor received any information that was classified at the time it was sent and received.
66
67
68http://www.nbcnews.com/news/us-news/hillary-clinton-emails-contained-info-above-top-secret-ig-n499886
69 	Jan 19 2016, 5:31 pm ET
70	Hillary Clinton Emails Held Info Beyond Top Secret: IG
71
72	Emails from Hillary Clinton’s home server contained information classified at levels higher than previously known, including a level meant to protect some of the most sensitive U.S. intelligence
73
74
75http://www.politico.com/story/2016/01/hillary-clinton-email-top-secret-classification-218030
76	Clinton: Email classification changes 'nothing'
77	01/20/2016 
78
79	Hillary Clinton’s “top secret” email classification changes “nothing,” the former secretary of state said Wednesday.
80
81	“I'm just going to leave it up to the professionals at the Justice Department, because nothing that this says changes the fact that I never sent or received material marked classified”
82
83
84https://www.washingtonpost.com/news/post-politics/wp/2015/10/22/transcript-clinton-testifies-before-house-committee-on-benghazi/
85	JORDAN: And that first statement in March was not accurate. In March, you said no classified information was sent or received on your personal accounts. You later revised your statement and said no information marked classified was sent or received on your personal account.
86
87	And once again, your revised statement was after the inspector general for the intelligence community had examined your e-mails and determined that, yes, some indeed were classified.
88
89	CLINTON: There was nothing marked classified on my e-mails, either sent or received. And I want to respond...
90
91	JORDAN: You used the write term there. Used "marked". That's the one -- that's what you -- you used the revised statement there.
92
93	CLINTON: ...well -- but that's -- well, Congressman, there was a lot of confusion because many -- many Americans have no idea how the classification process works.
94
95
96https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2002%20of%2010/view
97	FEDERAL BUREAU OF INVESTIGATION
98	
99	...CLINTON could not recall any briefing or training by State related to the retention of federal records or handling of classified information.
100
101
102https://careers.state.gov/wp-content/uploads/2016/03/What-Every-New-Employee-Needs-to-Know.pdf
103	THE ABC’S: What Every New Employee Needs to Know
104	June 2011
105
106	...Before new State Department employees (including PSC, WAE and new hire contract employees) can be issued a building pass indicating they hold a security clearance, they are required to attend a security briefing that reviews Department of State procedures for handling classified information.
107
108
109https://foia.state.gov/searchapp/DOCUMENTS/HRC_NDAS/1/DOC_0C05833708/C05833708.pdf
110	CLASSIFIED INFORMATION NONDISCLOSURE AGREEMENT
111
112	AN AGREEMENT BETWEEN	Hillary Rodham Clinton	AND THE UNITED STATES
113
114	...I hereby acknowledge that I have received a security indoctrination concerning the nature and protection of classified information
115
116	...As used in this Agreement, classified information is marked or unmarked classified information
117
118	...I have been advised that the unauthorized disclosure, unauthorized retention, or negligent handling of classified information by me could cause damage or irreparable injury to the United States
119
120	...I have been advised that any unauthorized disclosure of classified information by me may constitute a violation, or violations, of United States criminal laws, including the provisions of Sections 641, 793, 798, *952 and 1924, Title 18...
121
122	SIGNATURE: H R Clinton	DATE: 22-01-2009
123
124
125http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
126	DESANTIS: And of that top secret information you found, would somebody who is sophisticated in those matters, should it have been obvious to them that was sensitive information?
127
128	COMEY: Yes.
129
130	DESANTIS: So I guess my issue about knowledge of what you’re doing is, in order for Secretary Clinton to have access to top secret, SCI FBI information, didn’t she have to sign a form with the State Department acknowledging her duties and responsibilities under the law to safeguard this information?
131
132	COMEY: Yes. Anybody who gets access to SCI, Sensitive Compartmented Information would sign a read-in form that lays that out. I’m sure members of Congress have seen the same thing.
133
134	DESANTIS: And it stresses in that document and other training people would get, that there are certain requirements to handling certain levels of information. For example, a top secret document, that can’t even be on your secret system at the FBI, correct?
135
136	COMEY: Correct.
137
138	DESANTIS: So you have to follow certain guidelines. And I guess my question is, is she’s very sophisticated person, she did execute that document, correct?
139
140	COMEY: Yes.
141
142
143http://insider.foxnews.com/2016/10/22/hillary-clinton-appears-lecture-state-department-colleagues-cyber-security-email-server
144	A new video has surfaced that appears to show then-Secretary of State Hillary Clinton recording a video warning her colleagues about the dangers of insufficient cyber security.
145
146	"Protecting our cyber infrastructure and digital networks has to be a matter of national security," Clinton says in the video.
147
148	"I think this is a responsibility we all share as Americans, but as state department employees, we have a special duty to guard ourselves and our sensitive information."
149
150
151https://www.washingtonpost.com/news/post-politics/wp/2015/10/22/transcript-clinton-testifies-before-house-committee-on-benghazi/
152	CLINTON: ...And therefore I wanted to make it clear that there is a system within our government, certainly within the State Department...
153
154	JORDAN: (inaudible) one more question (inaudible).
155
156	CLINTON: ...where material that is thought to be classified is marked such, so that people have the opportunity to know how they are supposed to be handling those materials...
157
158	
159https://fam.state.gov/fam/05fam/05fam0480.html
160	Each portion of a document containing classified information, ordinarily a paragraph but including the subject line, headers, summaries, tables or graphics, must be marked to indicate its classification level, or that it is unclassified, by placing one of the parenthetical symbols listed below immediately preceding the portion to which it applies.  Subject line and header portion markings may appear after the text.
161
162	MARKING SYMBOLS
163	(TS) = Top Secret       (S) = Secret
164	(C) = Confidential     (SBU) = Sensitive But Unclassified     (U) = Unclassified
165
166	...Information marked with a classification level under this or predecessor orders should be considered classified at that level of classification despite the omission of other required markings.
167
168
169https://www.washingtonpost.com/news/post-politics/wp/2015/10/22/transcript-clinton-testifies-before-house-committee-on-benghazi/
170	JORDAN: I got -- I got one second.
171
172	CLINTON: ...and that's why it became clearer, I believe, to say that nothing was marked classified at the time I sent or received it.
173
174
175https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2002%20of%2010/view
176	After reviewing an email dated April 9, 2012, with subject line "Call to President Banda," CLINTON stated she did not remember the email specifically. When asked what the parenthetical "C" meant before a paragraph within the captioned email, CLINTON stated she did not know and could only speculate it was referencing paragraphs marked in alphabetical documents.
177
178
179https://foia.state.gov/searchapp/DOCUMENTS/HRCEmail_Jan29thWeb/O-2015-08637HCE10/DOC_0C05796118/C05796118.pdf
180	To: H
181	Cc: Huma Abedin
182	Subject: Call to President Banda
183
184	I'm sorry for the late email but we just received a call sheet for Malawi President Banda.
185
186	Are you open to taking this at 7:30am tomorrow? If so, we can reach out overnight. Otherwise, we will find other widows that work tomorrow for you.
187
188	This did not make it with the pouch but we can ask Marina to print this and her bio for you if a 7:30am call works for both you and President Banda.
189
190	The Secretary's Call Sheet for Malawi President Joyce Banda
191
192	(C) Purpose of Call: To offer condolences on the passing of President Mutharika and congratulate President Banda on her recent swearing in.
193
194	[REDACTED]
195
196
197https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2002%20of%2010/view
198	After reviewing an email dated [REDACTED] with subject line [REDACTED], CLINTON stated she did not remember the email specifically. ...CLINTON relayed State did the best they could while considering the "constant barrage of press" trying to confirm drone strikes. CLINTON stated [REDACTED] must have believed this email was "SBU" because that was how he marked it. CLINTON understood SBU to mean Sensitive But Unclassified.
199
200
201https://foia.state.gov/searchapp/DOCUMENTS/HRCEmail_NovWeb/267/DOC_0C05791537/C05791537.pdf
202	To: H
203
204	...(C) Purpose of Call: Join Special Envoy (JSE) Kofi Annan has requested...
205
206	- (SBU) Appreciation for Annan's role, Continued Support for U.N...
207
208	- (SBU) Solicit Annan's Views: [REDACTED]
209
210	- (SBU) (IF RAISED) UNSMIS Update: I was concerned to hear about the July 30 attack against a UNSMIS convoy, and...
211
212	- (SBU) Background: Kofi Annan was appointed UN-Arab League Joint Special Envoy...
213
214
215http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
216	MEADOWS: So a reasonable person who has been a Senator, a Secretary of State, a First Lady, wouldn’t a reasonable person know that that was a classified marking? As a secretary of state, a reasonable person? That’s all I’m asking.
217
218	COMEY: Before this investigation, I probably would have said, yes. I’m not so sure. I don’t find it incredibly…
219
220	MEADOWS: Director Comey, come on.
221
222	I mean, I have only been here a few years and I understand the importance of those markings. So you’re suggesting that a long length of time that she had no idea what a classified marking would be? That’s your sworn testimony today?
223
224	COMEY: No, no, not that she would have no idea what a classified marking would be, but it’s an interesting question as to — the question about sophistication came up earlier — whether she was sophisticated enough to understand what a “c” means.
225
226	MEADOWS: So you’re saying the former Secretary of State is not sophisticated enough to understand a classified marking?
227
228	COMEY: That’s not what I said.
229
230	MEADOWS: That’s a huge statement.
231
232	COMEY: That’s not what I said. You asked me did I assume someone would know. Probably before the investigation, I would have, I’m not so sure of that answer any longer. I think it’s possible — possible that she didn’t understand what a “c” meant when she saw it in the body of the e-mail like that.
233
234	MEADOWS: After years in the Senate and Secretary of State, I mean, that’s hard for me and the American people to believe, Director Comey. And I’m not questioning your analysis of it, but wouldn’t a reasonable person think that someone who has the highest job of handling classified information would understand that?
235
236	COMEY: I think that’s the conclusion a reasonable person would draw. It may not be accurate…
237
238
239https://wikileaks.org/plusd/?qproject[]=cg&q=&s=%22-C-%22&qforigin=Secretary+of+State&qsort=tdesc#result
240	Date			Subject						From
241	Sun, 28 Feb 2010	(C) KUDOS FOR REPORTING ON AFGHANISTAN'S E...	Secretary of State
242	Sun, 28 Feb 2010	SUBJECT: (U) KUDOS FOR UZBEKISTAN REPORTIN...	Secretary of State
243	Sun, 28 Feb 2010	(U) SUDAN: OIL AND WEALTH SHARING (C-AL9-0...	Secretary of State
244	Sun, 28 Feb 2010	(U) VIETNAM: KUDOS FOR TO HUY RUA REPORT (...	Secretary of State
245	Fri, 19 Feb 2010	HUMAN RIGHTS VETTING FOR U.S.-SPONSORED TR...	Secretary of State
246	Tue, 16 Feb 2010	(U) SUDAN AND REGIONAL ACTORS (C-AL9-02504...	Secretary of State
247	Tue, 16 Feb 2010	(U) KUDOS AND FOLLOW-UP QUESTIONS FOR REPO...	Secretary of State
248	Tue, 16 Feb 2010	(C) KUDOS FOR REPORTING ON NEW RUSSIAN AMB...	Secretary of State
249	Tue, 16 Feb 2010	(U) REQUEST FOR INFORMATION: AZERBAIJANI L...	Secretary of State
250	Fri, 29 Jan 2010	(S/REL UK) ARGENTINE REACTION TO POTENTIAL...	Secretary of State
251	Fri, 29 Jan 2010	(U) CHINA: POWER PLANTS AND ELECTRICITY GR...	Secretary of State
252	Fri, 29 Jan 2010	(C) CHINA'S RELATIONS WITH THE VATICAN (C-...	Secretary of State
253	Thu, 28 Jan 2010	(U) COSTA RICA FEBRUARY 2010 PRESIDENTIAL ...	Secretary of State
254	Thu, 28 Jan 2010	(SBU) REQUEST FOR INFORMATION ON MALTA LEA...	Secretary of State
255	Thu, 28 Jan 2010	(SBU) REQUEST FOR INFORMATION ON PORTUGAL'...	Secretary of State
256	Thu, 28 Jan 2010	(C) REQUEST FOR INFORMATION ON ITALY-RUSSI...	Secretary of State
257	Thu, 28 Jan 2010	(C) CHINA: RELATIONS WITH THE VATICAN (C-A...	Secretary of State
258	Fri, 22 Jan 2010	(C) REQUEST FOR INFORMATION ON TURKISH DEP...	Secretary of State
259	Fri, 22 Jan 2010	(C) REQUEST FOR INFORMATION ON THE POLITIC...	Secretary of State
260	Fri, 22 Jan 2010	(C/NF) KUDOS AND FOLLOW-UP QUESTIONS FOR B...	Secretary of State
261
262
263http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
264	BUCK: And there is no doubt about those two elements. Now I don’t know whether the next element is one element or two, but it talks about knowingly removed such materials without authority and with the intent to retain such material at an unauthorized location.
265
266	So I’m going to treat those as two separate parts of the intent element. First of all, do you see the word “willfully” anywhere in this statute?
267
268	COMEY: I don’t.
269
270	BUCK: And that would indicate to you that there is a lower threshold for intent?
271
272	COMEY: No, it wouldn’t.
273
274	BUCK: Why?
275
276	COMEY: Because we often — as I understand, the Justice Department’s practice and judicial practice will impute to any criminal statute at that level with a knowingly also requirement that you know that you’re involved in criminal activity of some sort. A general mens rea requirement.
277
278
279https://www.washingtonpost.com/news/post-politics/wp/2015/10/22/transcript-clinton-testifies-before-house-committee-on-benghazi/
280	BROOKS: ...so then when your compound took a second attack on June 6th, when a bomb blew a wall through the compound then, no e-mails, no e-mails at all. But I am interested in knowing who were you meeting with, who were you huddling with, how were you informed about those things? Because there is nothing in the e-mails that talks about two significant attacks on our compounds in 2012. There was a lot of information in 2011 about issues and security posture and yet nothing in 2012.
281
282	CLINTON: Well, I'd be happy to explain. Every morning when I arrived at the State Department, usually between 8:00 and 8:30, I had a personal one-on-one briefing from the representative of the Central Intelligence Agency who shared with me the highest level of classified information that I was to be aware of on a daily basis.
283
284	...During the day, I received hundreds of pages of memos, many of them classified, some of them so top secret they were brought into my office in a locked briefcase that I had to read and immediately return to the courier. 
285
286
287https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2002%20of%2010/view
288	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.
289
290
291https://foia.state.gov/searchapp/DOCUMENTS/HRCEmail_Jan29thWeb/O-2015-08640HCE10/DOC_0C05794417/C05794417.pdf
292	From: Sullivan, Jacob J [mailto:SullivanJJ@state.gov]
293	To: H
294
295	This is pretty interesting. This is CSCC proving its mettle.
296
297
298	From: H <hrod17@clintonemail.com>
299	To: 'sullivanjj@state.gov'
300	Cc: 'reinesp@state.gov'
301
302	If not classified or otherwise inappropriate, can you send to the NYTimes reporters who interviewed me today? Copying Philippe.
303
304
305https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2001%20of%2010/view
306	pg 20
307
308	When asked of her knowledge regarding TOP SECRET, SECRET, and CONFIDENTIAL classification levels of USG information, Clinton responded that she did not pay attention to the "level" of classification and took all classified information seriously.
309
310
311https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2002%20of%2010/view
312	After reviewing an email dated June 17, 2011, with subject line [REDACTED], CLINTON stated she did not remember the email specifically. CLINTON stated a "nonpaper" was a document with no official heading, or identifying marks of any kind, that can not be attributed to the US Government. ...When viewing the displayed email, CLINTON believed she was asking SULLIVAN to remove the State letterhead and provide unclassified talking points. CLINTON stated she had no intention to remove classification markings. CLINTON had no recollection of actually receiving a "nonpaper" or a secure fax in this instance. [REDACTED] talking points are typically classified, but CLINTON did not recall in this instance.
313
314
315https://foia.state.gov/searchapp/DOCUMENTS/HRCEmail_SeptemberWeb/O-2015-08632-172/DOC_0C05781205/C05781205.pdf
316	Sent: Thursday, June 16, 2011 09:49 AM
317	To: H
318	
319	...Also, we got word that Lavrov is travelling tomorrow and hasn't indicated whether or not he will be able to talk tomorrow morning. And still no work from Al-Faisal. Ops is still trying on both--and I'll keep you apprised of any updates.
320
321
322https://foia.state.gov/searchapp/DOCUMENTS/HRCEmail_Jan7thWeb/O-2015-08635-JAN7-2/DOC_0C05787519/C05787519.pdf
323	From: Sullivan, Jacob J [mailto:SullivanJJ@state.gov]
324	Sent: Thursday, June 16, 2011 05:51 PM
325	To: H
326	Subject: Fw: [REDACTED]
327
328	You'll get the tps this eve. They're coming together.
329
330
331https://foia.state.gov/searchapp/DOCUMENTS/HRCEmail_OctWeb/220/DOC_0C05787515/C05787515.pdf
332	Sent: Thursday, June 16, 2011 08:50 PM
333	To: H
334	Subject: Calls
335
336	Ms-
337	Huma asked me to set up these 2 calls for you tomorrow morning (after your 730 am saakashvilli call)
338
339	...Also, we've been unable to lock in lavrov and al-faisal. Will keep you posted on any developments there, too (although it seems unlikely for tomorrow morning).
340
341
342https://foia.state.gov/searchapp/DOCUMENTS/HRCEmail_OctWeb/220/DOC_0C05787515/C05787515.pdf
343	Sent: Friday, June 17, 2011 06:02 AM
344	To: H
345	Subject: Re: Calls
346
347	Lavrov is locked in for 8am this morning. Still waiting for an update on the 2 sudan calls. Will keep you posted.
348
349
350https://foia.state.gov/searchapp/DOCUMENTS/HRCEmail_DecWeb/O-2015-08632-DEC/DOC_0C05781255/C05781255.pdf	Sent: Friday, June 17, 2011 7:36 AM
351	To: H
352	Subject: Lavrov additional points
353
354	Alice asked that I pass along to you these additional points for lavrov:
355	A couple of updates regarding the Lavrov call:
356
357	- Libya: Russian Special Envoy Margelov was in Tripoli yesterday, where he met senior officials (but not Qadhafi), who confirmed that Qadhafi insists on remaining in the country. PM Mahmudi, in a two-hour press conference with journalists, said Qadhafi's departure was a "red-line" for the regime.
358	1267: In NY yesterday, our teams reached agreement on a text, [REDACTED]...
359
360
361https://foia.state.gov/searchapp/DOCUMENTS/HRCEmail_Jan7thWeb/O-2015-08635-JAN7-2/DOC_0C05787519/C05787519.pdf
362	From: H [mailto:HDR22@clintonemail.com]
363	Sent: Friday, June 17, 2011 07:52 AM
364	To: Sullivan, Jacob J
365	Subject: Re: [REDACTED]
366
367	I didn't get the TPs yet.
368
369
370	From: Sullivan, Jacob J
371	Sent: Friday, June 17, 2011 08:00 PM
372	To: 'HDR22@clintonemail.com' <HDR22@clintonemail.com>
373	Subject: Re: [REDACTED]
374
375	?!!! Checking
376
377	
378	From: Sullivan Jacob J [mailto:SullivanJJ@state.gov]
379	Sent: Friday, June 17, 2011 08:17 AM
380	To: H
381	Subject Re: [REDACTED]
382
383	They say they've had issues sending secure fax. They're working on it.
384
385
386	From: H <hrod17@clintonemail.com>
387	Sent: Friday, June 17, 2011 08:21 AM
388	To: 'sullivanjj@state.gov' 
389	Subject: Re: [REDACTED]
390
391	If they can't, turn into nonpaper w no identifying heading and send nonsecure.
392
393
394https://foia.state.gov/searchapp/DOCUMENTS/HRCEmail_DecWeb/O-2015-08635-DEC/DOC_0C05787582/C05787582.pdf
395	From: H <hrod17@clintonemail.com>
396	Sent: Friday, June 17, 2011 4:14 PM
397	To: 'sullivanjj@state.gov'
398
399	Cardin said he'd be happy to see Phil and Mike as soon as possible and was pleased to hear both we and, to a limited extent, Russia had taken some actions as I described from the tps.
400
401
402http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
403	CHAFFETZ: So Hillary Clinton sends to Jake Sullivan, Jake — well let me go back, Jake Sullivan says they say they had issues sending secure fax, they’re working on it. Hillary Clinton sends to Jake Sullivan, if they can’t, turn into non-paper with no identifying heading and send non-secure. So you’re telling me it’s a classified piece of information, she’s taking off the header and she’s instructing them to send it in a non-secure format. Is that not intent?
404
405	COMEY: Well that actually caught my attention when I first saw it and what she explained to us in her interview was, and other witnesses too as well, is what she meant by that is make it into a non-classified document, that’s what a non-paper is in their world, and send it to us because I don’t need the classified stuff I just need the…
406
407	CHAFFETZ: Then why take off the heading if it’s going to be turned into a non-classified document, why take off the heading?
408
409	COMEY: I assume because it would be non-classified anymore so you wouldn’t have a classified header on it. Because what she said during her interview…
410
411
412http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
413	MEADOWS: All right.
414
415	So let me in the last little portion of this, in your three and a half-hour interview on Saturday, did she contradict some of these public statements in private? Because you said she didn’t lie to the FBI, but it’s apparent that she lied to the American people. So did she change her statements in that sworn testimony with you last Saturday?
416
417	COMEY: I haven’t gone through that to parse that…
418
419
420http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
421	MICA: ...I have questions about how this came down. Did you personally interview the secretary on Saturday morning?
422
423	COMEY: I didn’t personally, no.
424
425	MICA: How many agents did?
426
427	COMEY: I think we had five or six.
428
429	MICA: Did you talk to all of those agents after the interview?
430
431	COMEY: I did not speak to all of them, no.
432
433	...MICA: ...But all of the agents, did they meet with you and then is that the group that said that we all vote to not recommend prosecution?
434
435	COMEY: I did not meet with all of the agents. I’ve met with — I guess I’ve — I’ve met with all of them…
436
437
438http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
439	DESJARLAIS: OK. Do you know, in reading the review or the summary, did they ask Hillary Clinton about her comment that she had never sent or received classified information over private e-mail?
440
441	COMEY: I think so, but I can’t — I can’t remember specifically.
442
443	DESJARLAIS: OK.
444
445	COMEY: It’s a very long, 302. I’d have to check and then get back to you.
446
447	DESJARLAIS: OK. And we’ll get access to that.
448
449	Do you know if they asked her when she said that there was nothing marked classified on my e-mails sent or received?
450
451	COMEY: Same answer. I’m not sure.
452
453
454http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
455	MULVANEY: Thank you gentleman. Director Comey, earlier today you heard a long list of statements that Ms. Clinton has made previously, both to the public and to Congress that were not factually accurate.
456
457	I think you went down the whole long list. When she met with you folks on Saturday last week, I take it she didn’t say the same things at that interview?
458
459	COMEY: I’m not equipped sitting here without the 302 in front of me to answer in that broad…
460
461	MULVANEY: But it’s your — it’s your testimony…
462
463
464http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
465	...CHAFFETZ: Because she wanted to be technically correct, is that what you’re saying, that you’re…
466
467	COMEY: No, I think what she said during the interview is I was telling him in essence, send the unclassified document, take the header off, turn it into a non-paper, which is a term I had never heard before but I’m told by people I credit that in diplomatic circles something we can pass to another government…
468
469	CHAFFETZ: You are very generous in your accepting of that.
470
471
472http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
473	GOWDY: Thank you Doctor Gosar. Director Comey, I want to go back to the issue of intent for just a second. We could disagree on whether or not it’s an element of the offense, let’s assume for the sake of argument, that you’re right and I’m wrong and that it is an element of the offense.
474
475	Secretary Clinton said that she was, “Well aware of classification requirements”. Those are her words, not mine and not yours. So if she were, “Well aware of classification requirements”, how did that impact your analysis of her intent? Because I’ve heard you this morning, describe her as being less than sophisticated. She disagrees with that.
476
477	COMEY: Well, I was talking about technical sophistication. The question is, I would hope everybody who works in the Government is aware of classification requirements...
478
479
480https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2002%20of%2010/view
481	CLINTON was aware she was an Original Classification Authority (OCA) at State. CLINTON could not recall how often she used this authority 
482
483
484http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
485	 ...[COMEY:] The question then is, if you mishandle classified information, when you did that thing, did you know you were doing something that was unlawful? That’s the intent question.
486
487
488http://www.foxnews.com/politics/2015/10/15/source-fbi-probe-clinton-email-focused-on-gross-negligence-provision.html
489	Source: FBI probe of Clinton email focused on ‘gross negligence’ provision
490
491	...Under 18 USC 793 subsection F...
492
493
494https://www.law.cornell.edu/uscode/text/18/793
495	18 U.S. Code § 793 - Gathering, transmitting or losing defense information
496
497	...(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody...
498
499
500https://www.washingtonpost.com/news/post-politics/wp/2015/10/22/transcript-clinton-testifies-before-house-committee-on-benghazi/
501	POMPEO: ...One -- you talked earlier about Mr. Katala (ph), who is sitting in a prison cell not too far from where you and I are sitting here this evening. I, too, share your view that I'm glad that we've pulled one of the terrorists who murdered -- was involved in the murder of U.S. government people on that night.
502
503	When that attack took place, Mr. Katala (ph), according to the indictment from the Justice Department, Mr. Katala (ph) and his folks removed documents from the temporary mission facility. Were you aware of that?
504
505	CLINTON: Yes, we later became aware that documents had been removed, but there was no classified documents at Benghazi.
506
507	POMPEO: And how do you know that?
508
509	CLINTON: We know it through our own investigation about what documents were at Benghazi, and there were no classified materials, to the best of our information.
510
511	POMPEO: Yes, ma'am. Do you know if there was sensitive information?
512
513	CLINTON: I suppose it depends on what one thinks of as sensitive information. There was information there and some of it was burnt, either wholly or partially. Some of it was looted. And some of it was recovered eventually.
514
515	POMPEO: Madam Secretary, do you know where that material that was looted went? Do you know into whose hands it fell? And do you know the nature and contents of that material? You seem very confident it wasn't classified. I don't share your confidence. But nonetheless, do you know where that material went?
516
517	CLINTON: I think that it -- it is very difficult to know where it ended up. But I want to just reiterate the point that I made. This was not a facility that had the capacity to handle classified material. And there was, to the best of our information, Congressman, no classified material at the Benghazi facility.
518
519	POMPEO: Ma'am, the fact that it wasn't capable of handling classified material doesn't mean that there wasn't any classified material there. Is that correct?
520
521	CLINTON: Well, the procedure is not to have classified material at such a facility. And again, to the best of our knowledge, there was not any there.
522
523	POMPEO: Yes, ma'am. You're not supposed to have classified e- mail on your private server either.
524
525	CLINTON: And I did not, Congressman.
526
527
528http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
529	WALKER: ...can you help me understand why didn’t it rise to your investigation or someone bringing that to your knowledge as far as saying this is a problem, here she is, again, Secretary Clinton lying under oath specifically about our investigation?
530
531	COMEY: We out of respect for the legislative branch being a separate branch, we do not commence investigations that focus on activities before Congress without Congress asking us...
532
533	...CHAFFETZ: You did not look at testimony that Hillary Clinton gave in the United State Congress, both the House and the Senate.
534
535	COMEY: To see whether it was precarious in some respect?
536
537	CHAFFETZ: Yes.
538
539	COMEY: No we did not.
540
541	CHAFFETZ: Did you review and look at those transcripts as to the intent of your recommendation.
542
543	COMEY: I’m sure my folks did. I did not.
544
545
546http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
547	GOWDY: False exculpatory statements, they are used for what?
548
549	COMEY: Either for the — a substantive prosecution or for evidence of intent in a criminal prosecution.
550
551	GOWDY: Exactly. Intent and consciousness of guilt, right? Is that right?
552
553	COMEY: Right.
554
555
556http://transcripts.cnn.com/TRANSCRIPTS/1510/18/sotu.01.html
557	TAPPER: The inspector general of the intelligence community said some of this stuff contained classified information when it was generated whether or not it was marked classify.
558
559	CLINTON: Well, that is just a very strong difference of opinion. The State Department does not agree with that. And it is almost an impossible standard because we had two separate systems.
560
561	We had the unclassified systems, so anybody who was on the unclassified system with the State Department would only be able to tell if something were classified if it were marked classified. We dealt with classified information on a totally different system. Nobody had access to that from an unclassified device. So, I think a lot of this is being a public display of the very common arguments that go on between different agencies and our government. This happens every time there is a Freedom of Information Act request. If something is going to be made public that was not classified at the time, maybe something has happened years later that there's a case and so now it's sensitive information. That's what's going on here. 
562
563
564https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2001%20of%2010/view
565	pg 20
566
567	FBI and USIC classification reviews identified 81 e-mail chains containing approximately 193 individual e-mail exchanges that were classified from the CONFIDENTIAL to TOP SECRET levels at the time the e-emails were drafted on UNCLASSIFIED systems and sent to or from Clinton's personal server. Of the 81 e-mail chains classified at the time of transmittal, 68 remain classified.
568
569	...The 81 classified e-mail chains contained 8-email chains classified TOP SECRET, 37 e-mail chains classified SECRET ...7 e-mail chains contained information associated with a Special Access Program (SAP) and 3 e-mail chains contained Sensitive Compartmented Information (SCI).
570
571
572http://abcnews.go.com/Politics/full-transcript-abcs-david-muir-interviews-hillary-clinton/story?id=33607656
573	DAVID MUIR: But North Korea's nuclear program? Wouldn't that be classified?
574
575	HILLARY CLINTON: There's a lot of public information about their nuclear program. I don't know the specifics about the one that they are claiming is classified. I can only repeat what happens to be the case-- that I did not send nor receive information that was marked classified at the time that it was sent or received. 
576
577
578https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2003%20of%2010/view
579	pg 123
580
581	[REDACTED] was asked to review an email [REDACTED] with subject line [REDACTED]. Upon reviewing the email, [REDACTED] commented "wow... I don't recall this email chain... I'm surprised to see it and prefer not to comment."
582
583	[REDACTED] was subsequently asked to review several other emails. ...Upon reviewing each document, [REDACTED] again indicated that he did not want to comment.
584
585	...While being escorted to the elevator by SA [REDACTED], [REDACTED] stated he recently read a news article about the investigation into Secretary CLINTON's personal email server that opined that most of the classified documents were over classified. However, [REDACTED] stated that after seeing the above referenced documents, he now understood why people were concerned about this matter.
586
587
588http://www.cnn.com/TRANSCRIPTS/1605/06/cnr.01.html
589	MITCHELL: Any indication that your private server was hacked by foreign hackers?
590
591	CLINTON: No, not at all. 
592
593
594https://foia.state.gov/searchapp/DOCUMENTS/HRCEmail_OctWeb/223/DOC_0C05787240/C05787240.pdf
595	From: Neera Tanden
596	Sent: Wednesday, July 27, 2011 02:55 PM
597	To: H
598	Subject: Exclusively For You
599
600	Look what I've found http://snipurl.com/1szq63 Here is a very nice offer. Enjoy!
601
602
603	From: H  <hrod17@clintonemail.com>
604	Sent: Wednesday, July 27, 2011 4:37 PM
605	Subject Fw: Exclusively For You
606
607	Neera-did you send me this? If not, I think your email address book has been hacked. If so, Why? Anyway, hope you're well.
608
609
610https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2001%20of%2010/view
611	pg 31
612
613	Abedin sent an e-mail to [REDACTED] indicating Clinton was worried "someone [was] hacking into her email"
614
615
616https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2001%20of%2010/view
617	pg 29
618
619	On January 9, 2011, Cooper sent Abedin an e-mail stating someone was attempting to "hack" the server, prompting him to shut it down. Copper sent Abedin another e-mail later the same day stating he had to reboot the server again.
620
621
622https://www.washingtonpost.com/news/post-politics/wp/2015/03/10/transcript-hillary-clinton-addresses-e-mails-iran/
623	QUESTION: ...This wasn't Gmail or Yahoo or something. This was a server that you owned. Is that appropriate? Is it -- was there any precedent for it?
624
625	CLINTON: Well, the system we used was set up for President Clinton's office. And it had numerous safeguards. It was on property guarded by the Secret Service. And there were no security breaches.
626
627
628http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
629	BLUM: Director Comey, are you implying in that statement that the private e-mail servers of Secretary Clinton’s were perhaps less secure than a Gmail account that is used for free by a billion people around this planet?
630
631	COMEY: Yes.
632
633
634https://apnews.com/467ff78858bf4dde8db21677deeff101/only-ap-clinton-server-ran-software-risked-hacking
635	AP Exclusive: Clinton email server setup risked intrusions
636
637	The private email server running in Hillary Rodham Clinton’s home basement when she was secretary of state was connected to the Internet in ways that made it more vulnerable to hackers while using software that could have been exploited
638
639	...wasn’t intended for such use without additional protective measures
640
641	...subject of U.S. government and industry warnings at the time over attacks from even low-skilled intruders
642
643
644http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
645	WATSON COLEMAN: Thank you, Mr. Director.
646
647	Can you tell me based upon your information has there been and is there any evidence that our national security has been breached or at risk as a result of these e-mails and their being on this server? Is there any evidence?
648
649	COMEY: There’s no direct evidence of an intrusion.
650
651
652https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2001%20of%2010/view
653	...one appears to have resulted in a successful compromise of an e-mail account on the server. Forensic analysis noted that on January 5, 2013, three IP addresses matching known Tor exit nodes ...FBI investigation indicated the Tor user logged in to [REDACTED] e-mail account and browsed e-mail folders and attachments.
654
655
656https://oig.state.gov/system/files/esp-16-03.pdf
657	...on March 11, 2011, the Assistant Secretary for Diplomatic Security sent a memorandum on cybersecurity threats directly to Secretary Clinton. A portion of the unclassified version of this memorandum states:
658
659		Threat analysis by the DS cyber security team and related incident reports indicate a dramatic increase since January 2011 in attempts by [redacted] cyber actors to compromise the private home e-mail accounts of senior Department officials . ... Although the targets are unclassified, personal e-mail accounts, the likely objective is to compromise user accounts and thereby gain access to policy documents and personal information that could enable technical surveillance and possible blackmail.
660
661
662https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2001%20of%2010/view
663	...Open source information indicated, if opened, the targeted user's device may have been infected, and information would have been sent to at least three computers overseas, including one in Russia.
664
665	...Pagliano recalled finding "a virus," but could provide no additional details, other than that it was nothing of great concern.
666
667
668http://www.cnn.com/2015/03/10/politics/state-department-hack-worst-ever/index.html
669	Sources: State Dept. hack the 'worst ever'
670
671	Overlooked in the controversy over Hillary Clinton's use of a private email server, is the fact that suspected Russian hackers have bedeviled State Department's email system for much of the past year
672
673
674http://www.politico.com/story/2015/05/michael-morrell-foreign-governments-have-hillarys-email-118007
675	Michael Morell: Foreign governments have Hillary's email
676
677	Former Deputy CIA Director Michael Morell said that he believes some foreign intelligence agencies possess the contents of Hillary Clinton’s private email server.
678
679	“I think that foreign intelligence services, the good ones, have everything on any unclassified network that the government uses,” Morell said Friday in an interview on the Hugh Hewitt Show.
680
681	“I don’t think that was a very good judgment,” he added of Clinton’s decision to use the private server for official State Department business.
682
683
684https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2004%20of%2010/view
685	pg 64
686
687	[REDACTED] was interviewed by Special Agent (SA) [REDACTED] at the Central Intelligence Agency (CIA)
688
689	...Agents showed [REDACTED] one last email dated [REDACTED] and titled [REDACTED]. After reviewing the email, [REDACTED] exclaimed "[REDACTED] is an idiot." [REDACTED] further explained that he believed the email was "problematic."
690
691	...[REDACTED] expressed his opinion that DoS was not very careful
692
693
694http://www.wsj.com/articles/clinton-emails-in-probe-dealt-with-planned-drone-strikes-1465509863
695	Emails in Clinton Probe Dealt With Planned Drone Strikes
696
697	...Under strict US classification rules, US officials have been barred from discussing strikes publicly and even privately outside of secure communications systems.
698
699
700https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2002%20of%2010/view
701	CLINTON believed information should be classified in the case of covert military action, the use of sensitive sources and where sensitive deliberations took place. When asked whether CLINTON believed information should be classified if it is unauthorized release would cause damage to national security, she responded, "yes, that is the understanding." 
702
703
704http://www.nbcnews.com/news/us-news/clinton-emails-held-indirect-references-undercover-cia-officers-n510741
705	Clinton Emails Held Indirect References to Undercover CIA Officers
706
707	State Department and other officials attempted to make veiled references to intelligence officers in the emails — references that were deemed classified when the messages were being reviewed years later for public release.
708
709	...In one case, an official said, an undercover CIA officer was referred to as a State Department official with the word "State," in quotes, as if to suggest the emailer knew the officer was not actually a diplomat. In another case, an email refers to "OGA" for "other government agency," a common reference to the CIA.
710
711
712https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2004%20of%2010/view
713	pg 66
714
715	...After reading the email, [REDACTED] expressed concerns over the detail contained in the email. [REDACTED] stated that the email was "very specific"...
716
717
718http://www.nytimes.com/2016/05/11/us/clinton-emails-routine-practice.html
719	...Those emails have not been released, even with redactions, because they include material classified at the highest levels, known as “top secret/SAP,” according to a letter from the inspector general of the nation’s intelligence agencies
720
721	...That designation refers to “special access programs,” which are among the nation’s most guarded secrets 
722
723	In 18 emails, for example, information has been classified on the grounds that it identifies C.I.A. officials
724
725
726https://www.nytimes.com/2016/02/06/us/politics/agencies-battle-over-what-is-top-secret-in-hillary-clintons-emails.html
727	One of the messages has been given a designation of “HCS-O” — indicating that the information was derived from human intelligence sources
728
729
730http://www.marketwatch.com/story/hillary-clinton-campaign-22-top-secret-emails-over-classification-run-amok-2016-01-31
731	“This appears to be over-classification run amok,” Clinton’s campaign said in a statement released Friday. 
732
733
734https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2003%20of%2010/view
735	pg 174
736
737	[REDACTED] was interviewed by Special Agent (SA) [REDACTED] and SA [REDACTED] at the Central Intelligence Agency
738
739	...After reviewing the email he provided that the email should be classified but that he was not surprised that DOS had sent it on an unclassified channel. [REDACTED] further noted that the DOS unclassified email system had previously been penetrated by a foreign adversary.
740
741	...[REDACTED] was shown a copy of an email... After reviewing the email, [REDACTED] stated that his true name, and that of [REDACTED] should not have been included in an unclassified email.
742
743	...[REDACTED] continued to say that the personnel at DOS were experienced and knew that this information was classified. However, the did it anyways and their actions hurt the CIA and other agencies whose equities were conveyed in the emails.
744
745
746http://www.newsweek.com/hillary-clinton-email-terrorism-sloppy-communications-463605
747	A retired senior State Department military adviser claims that Hillary Clinton’s “sloppy communications with her senior staff” when she was secretary of state may have compromised at least two counterterrorism operations.
748
749	...Bill Johnson, who was the State Department’s political adviser to the special operations section of the U.S. Pacific Command, or PACOM, in 2010 and 2011, says secret plans to eliminate the leader of a Filipino Islamist separatist group and intercept Chinese-made weapons components being smuggled into Iraq were repeatedly foiled.
750
751	...“We had good intel. We knew where he was,” ... “He would be gone three hours before, sometimes as little as a half-hour before” the counterterrorism teams moved in. “We knew he was getting tipped off somehow. We just didn’t know why.”
752
753	...As a dramatic solution, the Special Operations Command stopped giving advance warning to senior State Department officials about raids, Johnson says. Whatever the cause, the leaks stopped. In February 2012, Dr. Abu and two other senior militants were eventually killed in what was described as “a U.S.-backed airstrike.”
754
755
756http://abcnews.go.com/Politics/full-transcript-abcs-david-muir-interviews-hillary-clinton/story?id=33607656
757	HILLARY CLINTON: ...But I do think I could have and should have done a better job answering questions earlier.
758
759	I really didn't perhaps appreciate the need to do that. What I had done was allowed, it was above board. But in retrospect, certainly, as I look back at it now, even though it was allowed, I should've used two accounts. One for personal, one for work-related emails.
760
761	That was a mistake. I'm sorry about that. I take responsibility. ...
762
763	 DAVID MUIR: You have said you would apologize for the confusion but not say, "I'm sorry." But I did hear a word in there just a moment ago and I'm curious. Would you acknowledge that you made a mistake here? Because you wrote in your own memoir last year just how important using the word mistake is in politics. You, you wrote, "In our political culture, saying you made a mistake is often taken as weakness when in fact it can be a sign of strength and growth." And so as you sit here, millions watching tonight, did you make a mistake?
764
765	HILLARY CLINTON: I did. I did. As I said, it was allowed and there was no hiding it. It was totally above board. ...But I'm sorry that it has, you know, raised all of these questions. I do take responsibility for having made what is clearly not the best decision. And I want people to know that I am trying to be as transparent as possible...
766
767
768
769All this brings up some questions, like:
770
771
772- Why did Clinton change her story from "there is no classified information" to "I never sent anything classified at the time it was sent or received" to "nothing was marked classified" after media reports on her server? She told Congress she changed her story to clear up "confusion" about "how the classification process works," but all she did is confuse the public more--classified information is classified even if it's unmarked. Americans are supposed to be able to trust their officials to recognize classified and keep it safe, and Clinton's job as an original classification authority was to recognize when information is classified and mark it if necessary. Clinton wrote several emails classified at the Special Access Program (SAP) level, which is classified that way if its release would do grave damage to national security, but she didn't mark them. Clinton confused the public in a way that makes her seem less guilty (regarding confusion, read a few articles here 
773https://www.google.com/search?q=information+marked+classified+confusion&tbs=cdr%3A1%2Ccd_min%3A3%2F1%2F2015%2Ccd_max%3A11%2F8%2F2016 and you'll see what I mean).
774
775
776- How is it that, after lecturing the American public on classification markings, Clinton knows what "(SBU)" means, but when the FBI asks here what but "(C)" means she tells them it's referencing paragraphs marked in alphabetical order? There was no "(A)" or "(B)" in the short email they showed her, and it was even marked Confidential in headers on the top and bottom. Clinton has seen emails that mix both "(SBU)" and "(C)" markings (apparently, the alphabet goes "C, SBU, SBU, SBU...") and she's written thousands of cables that use both.
777
778
779- Why did Comey go along with Clinton's "(C) is just a letter in the alphabet" story? He told (or implied) to Congress he's "not sure" if Clinton knew "(C)" means "Confidential," but when the question of Clinton's sophistication came up later in his testimony, Comey said "Well, I was talking about technical sophistication," as if to change his story. Comey testified that Clinton signed-off on being briefed on the handling of classified information and "executed that document." So, is she sophisticated in handling classified information or not? Comey's testimony is unnecessarily vague.
780
781
782- Clinton told the FBI she had "no reason to believe" there was classified information in her account, but earlier she asked Jake Sullivan to forward an email "if not classified or otherwise inappropriate," indicating that she had reason to believe there was classified information on her account. Was she lying to the FBI?
783
784
785- Clinton asked Jake Sullivan to send her classified talking points over unsecure fax, apparently for a meeting that was starting in 8 minutes (Clinton says "I didn't get the TPs yet." Sullivan says "?!!! Checking"). The problem was Clinton told him to remove the classification headers and send nonsecure, but when confronted about it in her FBI interview gave them a red herring about "non-paper" documents at the State department. Why did Comey repeat her misleading explanation to Congress?
786
787
788http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
789	CHAFFETZ: ...How did the Department of Justice, or how did the FBI view the incident in which Hillary Clinton instructed Jake Sullivan to take the markings off of a document that was to be sent to her?
790
791	COMEY: Yes, we looked at that pretty closely. There was some problem with their secure fax machine and there was an e-mail in which she says in substance, take the headers off of it and send it as a non- paper and as we’ve dug into that more deeply, we’ve come to learn that at least this one view of it that is reasonable, that a non-paper in State Department parlance (ph) means a document that contains things we could pass to another government. So essentially take out anything that’s classified and send it to me. 
792
793
794https://fam.state.gov/fam/05fah01/05fah010610.html
795	Use this section to provide instructions on any written material to be left with the host government official(s).  Such material could take the form of an aide-memoire, a letter, or a “non-paper” that provides a written version of the verbal presentation (i.e., the talking points as delivered).  Unless otherwise instructed, post should normally provide an aide-memoire or non-paper at the conclusion of a demarche.  Classified aide-memoire or non-paper must be appropriately marked
796
797
798- Why did Comey remember that part of Clinton's FBI interview in detail, but was forgetful when asked to compare Clinton's public statements to her statements to the FBI? ("did she change her statements in that sworn testimony with you last Saturday? ...I haven’t gone through that to parse that…", "It’s a very long, 302. I’d have to check and then get back to you.", "COMEY: I’m not equipped sitting here without the 302 in front of me to answer in that broad…  MULVANEY: But it’s your — it’s your testimony…") He made it sound like he's her defense lawyer.
799
800
801- Comey testified there was "no direct evidence of an intrusion," but the FBI's report says there "appears" to have been "a successful compromise of an e-mail account on the server." Was Comey contradicting his own FBI?
802
803
804- Comey inserted an "intent" requirement (a "general mens rea requirement" as he puts it) into the law that only requires "gross negligence" to prosecute someone for mishandling classified information. Comey testified that false exculpatory statements show a guilty conscience and intent, but Clinton made several such statements to Congress and the public. She gave one to Jake Tapper in an interview ("maybe something has happened years later that there's a case and so now it's sensitive information. That's what's going on here.") and one to Pompeo in her testimony ("POMPEO: Yes, ma'am. You're not supposed to have classified e- mail on your private server either. CLINTON: And I did not, Congressman."). Her statement to Pomeo came shortly after she was informed there was classified information on her server and immediately after agreeing (if at least implicitly) that classified information should not be stored in unauthorized locations. If Clinton is sophisticated in handling classified info, as Comey seems to have testified, then she knows her statements were false. Knowledge of classified information on her server can also be inferred by some of her statements in her emails ("If not classified or otherwise inappropriate...") and her statements to the FBI ("When asked whether CLINTON believed information should be classified if it is unauthorized release would cause damage to national security, she responded, 'yes, that is the understanding.'").
805
806
807Claim #2: Clinton's private server was allowed, and she set it up for "convenience:"
808
809
810https://www.washingtonpost.com/news/post-politics/wp/2015/03/10/transcript-hillary-clinton-addresses-e-mails-iran/
811
812	...when I got to work as secretary of state, I opted for convenience to use my personal email account, which was allowed by the State Department, because I thought it would be easier to carry just one device for my work and for my personal emails instead of two.
813
814	Looking back, it would've been better if I'd simply used a second email account and carried a second phone, but at the time, this didn't seem like an issue.
815
816
817https://www.washingtonpost.com/news/post-politics/wp/2015/03/10/transcript-hillary-clinton-addresses-e-mails-iran/
818	QUESTION: And also, the president of the United States said that he was unaware that you had this unusual email arrangement. The White House counsel's office says that you never approved this arrangement through them.
819
820	Why did you not do that? Why did you -- why have you apparently caught the White House by surprise?
821
822	And then just one last political question, if I -- I might. Does all of this make -- affect your decision in any way on whether or not to run for president?
823
824	CLINTON: Well, let me try to unpack your multiple questions.
825
826	First, the laws and regulations in effect when I was secretary of state allowed me to use my email for work. That is undisputed.
827
828
829http://www.politifact.com/truth-o-meter/statements/2016/may/31/hillary-clinton/fact-checking-hillary-clintons-claim-her-email-pra/
830	Since the news of Clinton’s email came to light in 2015, she has argued that she "complied with every rule" and that the practice was "allowed." We haven’t yet put the issue on the Truth-O-Meter because there were too many unknowns.
831
832	But the inspector general’s report has clarified some of those unknowns and demonstrated that Clinton’s exclusive use of personal email was, in fact, not allowed.
833
834
835https://www.nytimes.com/2015/03/03/us/politics/hillary-clintons-use-of-private-email-at-state-department-raises-flags.html
836	“It is very difficult to conceive of a scenario — short of nuclear winter — where an agency would be justified in allowing its cabinet-level head officer to solely use a private email communications channel for the conduct of government business,” said Jason R. Baron, ... former director of litigation at the National Archives and Records Administration.
837
838
839http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
840	FARENTHOLD: All right. I want to go back to the question of intent real quick, for just a second.
841
842	I’m a recovering attorney. It’s been decades since I actually practiced law. But you kept referring to she had to know it was illegal to have the requisite criminal intent. I was always taught in law school, and I don’t know where this changed, that ignorance of the law was no excuse. If I’m driving a long at 45 miles and hour and didn’t see the 35 mile and hour speed limit, I was still intentionally speeding, even though I didn’t know it.
843
844	Now, I might not have had the requisite criminal intent if maybe my accelerator were jammed or something like that, but even though I didn’t know the law was 35, I was driving 45, I’m going to get a ticket. And I’m probably going to be prosecuted for that.
845
846	So, how can you say ignorance of the law is an excuse in Ms. Clinton’s case?
847
848	COMEY: Well, the comparison to petty offenses, I don’t think is — you spoke about the question of — ignorance of the law is no excuse, but here’s the distinction. You have to have general criminal intent. You don’t need to know what particular statute you’re violating, but you must be aware of the generally wrongful nature of your conduct…
849
850
851https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2004%20of%2010/view
852	pg 90
853
854	CLINTON sent out an all-staff cable that personal email should not be used day-to-day for business purposes and that personal email is not secure, so do not use them for business purposes. To best of [REDACTED]'s recollection, CLINTON sent that cable out in 2009. 
855
856
857http://abcnews.go.com/Politics/full-transcript-abcs-david-muir-interviews-hillary-clinton/story?id=33607656
858	 DAVID MUIR: You mentioned everybody in the government knew that you were using this private server. It-- did fellow members of the cabinet know? Did the president know?
859
860	HILLARY CLINTON: Everyone I emailed with, and I'm not going to go into names, but let me say I emailed with many people in the White House and the rest of the government, of course, across the State Department, knew that I was emailing from a personal account. 
861
862
863https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2003%20of%2010/view
864	pg 166
865
866	...[REDACTED] did not recall seeing CLINTON's actual email address. Rather, when [REDACTED] received or responded to emails from CLINTON, she recalled seeing a single initial. ...[REDACTED] noted that although she is no longer at DoS, she still maintains email contact with CLINTON and now receives emails from CLINTON where the name of the sender is "H." [REDACTED] had no knowledge CLINTON was using her own private server until it was reported in the media.
867
868
869http://abcnews.go.com/Politics/full-transcript-abcs-david-muir-interviews-hillary-clinton/story?id=33607656
870	HILLARY CLINTON: ...As I said, it was allowed and there was no hiding it. It was totally above board.
871
872
873https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2003%20of%2010/view
874	pg 166
875	
876	[REDACTED] was not initially provided CLINTON's email address, so when she wanted to send or forward a message to CLINTON, she would route it through HUMA ABEDIN. At some point in the first six to eight months of employment at DoS, [REDACTED] recalled CLINTON responding to one of the messages she forwarded directly. At this point, [REDACTED] asked ABEDIN if it was okay to go direct with CLINTON, and was granted the "privilege." [REDACTED] explained the privilege of emailing CLINTON direct was not a privilege she used lightly. While [REDACTED] did not have a history of Government Service, she thought it was normal for someone in CLINTON's position to have a "gatekeeper system" in place.
877
878
879https://oig.state.gov/system/files/esp-16-03.pdf
880	Two staff in S/ES-IRM reported to OIG that, in late 2010, they each discussed their concerns about Secretary Clinton’s use of a personal email account ...one staff member raised concerns that information sent and received on Secretary Clinton’s account could contain Federal records that needed to be preserved in order to satisfy Federal recordkeeping requirements. According to the staff member, the Director stated that the Secretary’s personal system had been reviewed and approved by Department legal staff and that the matter was not to be discussed any further. ...the Director stated that the mission of S/ES-IRM is to support the Secretary and instructed the staff never to speak of the Secretary’s personal email system again. 
881
882
883http://www.politifact.com/truth-o-meter/statements/2016/may/31/hillary-clinton/fact-checking-hillary-clintons-claim-her-email-pra/
884	Fallon pointed PolitiFact to a May 26 CNN interview where Clinton said that at the time she made the decision to use a private server, she "thought it was allowed."
885
886
887http://transcripts.cnn.com/TRANSCRIPTS/1510/18/sotu.01.html
888	TAPPER: Right. And you said it was allowed, too.
889
890	CLINTON: Yes, it was.
891
892	TAPPER: Who allowed it?
893
894	CLINTON: It was allowed under the rules of the State Department. And again --
895
896	TAPPER: So nobody signed off on it?
897
898	CLINTON: No, no. It was allowed.
899
900
901https://oig.state.gov/system/files/esp-16-03.pdf
902	Throughout Secretary Clinton’s tenure, the FAM stated that normal day-to-day operations should be conducted on an authorized AIS, yet OIG found no evidence that the Secretary requested or obtained guidance or approval to conduct official business via a personal email account on her private server. ...Secretary Clinton had an obligation to discuss using her personal email account to conduct official business with their offices, who in turn would have attempted to provide her with approved and secured means that met her business needs. However, according to these officials, DS and IRM did not—and would not—approve her exclusive reliance on a personal email account to conduct Department business, because of the restrictions in the FAM and the security risks in doing so. 
903
904	...DS and IRM reported to OIG that Secretary Clinton never demonstrated to them that her private server or mobile device met minimum information security requirements specified by FISMA and the FAM.
905
906
907http://abcnews.go.com/Politics/full-transcript-abcs-david-muir-interviews-hillary-clinton/story?id=33607656
908	HILLARY CLINTON: ...Everybody in the government I communicated with -- and that was a lot of people--
909
910
911https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2003%20of%2010/view
912	pg 117
913
914	[REDACTED] sent a weekly report directly to the Secretary of State when it was widely known "you don't go direct" with the Secretary.
915
916
917http://abcnews.go.com/Politics/full-transcript-abcs-david-muir-interviews-hillary-clinton/story?id=33607656
918	HILLARY CLINTON: --knew I was using a personal e-mail.
919
920
921https://oig.state.gov/system/files/esp-16-03.pdf
922	...OIG interviewed other senior Department officials with relevant knowledge who served under Secretary Clinton, including the Under Secretary for Management ... ; current and former Executive Secretaries ; and attorneys within the Office of the Legal Adviser. These officials all stated that they were not asked to approve or otherwise review the use of Secretary Clinton’s server and that they had no knowledge of approval or review by other Department staff. These officials also stated that they were unaware of the scope or extent of Secretary Clinton’s use of a personal email account, though many of them sent emails to the Secretary on this account. Secretary Clinton’s Chief of Staff also testified before the House Select Committee on Benghazi that she was unaware of anyone being consulted about the Secretary’s exclusive use of a personal email address.
923
924
925http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
926	DUNCAN: Do you — we talk about gross negligence here and you said that Secretary Clinton was extremely careless with this classified material and how dangerous it could be, how threatening to — even to people’s lives that it could be to disclose classified material.
927
928	Do you agree that there is a very thin line between gross negligence and extreme carelessness? And would you explain to me what you consider to be that difference?
929
930	COMEY: Sure, judge — Congressman. As a former judge, you know there isn’t actually a great definition in the law of gross negligence. Some courts interpret it as close to willful, which means you know you’re doing something wrong.
931
932
933https://oig.state.gov/system/files/esp-16-03.pdf
934	In March 2009, after unsuccessful efforts to supply Secretary Clinton with a secure government smartphone, DS was informed that Secretary Clinton’s staff had been asking to use BlackBerry devices inside classified areas. The Assistant Secretary of DS then sent a classified memorandum to Secretary Clinton’s Chief of Staff that described the vulnerabilities associated with the use of BlackBerry devices and also noted the prohibition on the use of Blackberry devices in sensitive areas. 
935
936
937https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2003%20of%2010/view
938	pg 78
939
940	Agents asked BOSWELL to review a redacted memo titled "Use of Blackberries in Mahogany Row." ...After reviewing the memo, BOSWELL stated the memo was drafted early in the Administration and shortly after CLINTON began her tenure at DoS.
941
942
943https://oig.state.gov/system/files/esp-16-03.pdf
944	OIG discovered in Secretary Clinton’s retired paper files a copy of the classified presentation used during the briefing.
945
946
947http://freebeacon.com/wp-content/uploads/2015/11/boswell-bberry-memo.pdf
948	INFORMATION MEMO FOR CHERYL D. MILLS--S
949	FROM:	DS--Eric J. Boswell
950	SUBJECT: Use of Blackberries in Mahogany Row
951
952	We have worked closely [REDACTED] to review all options that would allow Secretary Clinton, you, and a small number of staff to use Blackberries [REDACTED]
953
954	...Our review reaffirms our belief that the vulnerabilities and risks associated with the use of Blackberries in the Mahogany Row [REDACTED] considerably outweigh the convenience their use can add to staff that have access to the unclassified OpenNet system on their desktops.
955
956	...We also worry about the example that using Blackberries in Mahogany row might set as we strive to promote crucial security practices and enforce important security standards among State Department staff.
957
958	...I cannot stress too strongly, however, that any unclassified Blackberry is highly vulnerable in any setting to remotely and covertly monitoring conversations, retrieving e-mails, and exploiting calendars. I am attaching reports from DS's Office of Computer Security's Cyber Threat & Analysis Division that give further background on those risks.
959
960	...Attachments: ..."Your Cell and Your Berry: Tools for the Enemy"
961
962
963https://oig.state.gov/system/files/esp-16-03.pdf
964	According to a DS official, shortly after the memorandum was delivered, Secretary Clinton approached the Assistant Secretary and told him she “gets it.”
965
966
967https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2004%20of%2010/view
968	pg 43
969
970	...no cell phones are allowed inside the SCIF and DS agents, officers, and staff are required to leave their cell phones outside the door in secure lockers. CLINTON refused to abide by this security requirement and brought her cell phone, believed to be a Blackberry, inside the SCIF where a DS agent assigned to Post 1 was required to guard it. DS agents were indignant that they were required to follow security policy but CLINTON made herself exempt from the same regulations.
971
972
973https://www.nytimes.com/2015/04/15/us/politics/hillary-clintonwas-asked-about-email-2-years-ago.html
974	WASHINGTON — Hillary Rodham Clinton was directly asked by congressional investigators in a December 2012 letter whether she had used a private email account while serving as secretary of state, according to letters obtained by The New York Times.
975
976	But Mrs. Clinton did not reply to the letter. And when the State Department answered in March 2013, nearly two months after she left office, it ignored the question and provided no response.
977
978
979https://www.washingtonpost.com/news/post-politics/wp/2015/03/10/transcript-hillary-clinton-addresses-e-mails-iran/
980	QUESTION: Why did you wait two months? Why -- why did you wait two months to turn those emails over? The rules say you have to turn them over...
981
982	(CROSSTALK) CLINTON: I don't think -- I'd be happy to have somebody talk to you about the rules. I fully complied with every rule that I was governed by.
983
984
985https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2004%20of%2010/view
986	[REDACTED] was previously an agent of the U.S. Department of State, Bureau of Diplomatic Security (DS). ...[REDACTED] served briefly on former Secretary CLINTON's protective detail in 2009. From her own experience, and information obtained through [REDACTED] and other agents, [REDACTED] described a "stark difference" between RICE and CLINTON with regard to obedience to security and diplomatic protocols while CLINTON frequently and "blatantly" disregarded them. For example ...It is seen as diplomatic protocl for the Secretary of State to arrive at foreign diplomatic functions with the local ambassador; however, CLINTON refused to do so, instead choosing to be accompanied in the limousine by her Chief of Staff, HUMA ABEDIN. This frequently resulted in complaints by ambassadors who were insulted and embarrassed by this breach of protocol. [REDACTED] explained that CLINTON'S protocol breaches were well known throughout Diplomatic Security and were "abundant."
987
988	...On a trip to Jakarta, Indonesia, in early 2009, CLINTON requested to visit an area of Jakarta that presented security and safety challenges. This visit was reportedly for a photo opportunity regarding CLINTON's "clean cooking stoves" initiative. The DS advance team recommended against traveling to this area because the route could not be secured and was lined with dangerous circumstances and individuals. As such, the DS advance team recommended in writing that this excursion be stricken from the schedule but were told by DS management that it was going to happen because "she wanted it." DS agents felt this excursion into potentially hostile areas placed CLINTON, her staff, the media, and her security detail in unnecessary danger in order to conduct a photo opportunity for "her election campaign." DS agents had the perception that CLINTON was using her position as Secretary of State to campaign for President of the United States. 
989
990	...On one occasion while traveling to Palestine, CLINTON ordered the limousine driver, believed to be [REDACTED], to open the window while in "occupied territory", referring to a dangerous area of the West Bank. [REDACTED] initially declined to respond to CLINTON's request; however, repeated demands by CLINTON forced him to open his window despite the danger to himself and the occupants.
991
992	...Early in CLINTON's tenure as Secretary of State, she and her staff were observed removing lamps and furniture from the State Department which were transported to her residence in Washington, D.C. [REDACTED] does not know whether these items were ever returned to the government upon CLINTON's departure from the State Department.
993
994	...[REDACTED] explained that CLINTON's treatment of DS agents on her protective detail was so contemptuous that many of them sought reassignment or employment elsewhere. Prior to CLINTON's tenure, being an agent on the Secretary of State's protective detail was seen as an honor and privilege reserved for senior agents. However, by the end of CLINTON's tenure, it was staffed largely with new agents because it was difficult to find senior agents willing to work for her.
995
996
997http://freebeacon.com/wp-content/uploads/2015/11/boswell-bberry-memo.pdf
998	Use of Blackberries in Mahogany Row
999
1000	...As an alternative, we suggested that DS work with S/ES-IRM to make access to the Secretary's OpenNet account on her desktop workstation as easy and convenient as possible. For example, we are happy to work with IRM to lengthen or even eliminate the time-out function to allow the Secretary's Special Assistant to log-in to review her emails and schedules.	
1001
1002	...If, after considering the vulnerabilities that I describe above and the alternatives that I propose
1003
1004
1005https://oig.state.gov/system/files/esp-16-03.pdf
1006	...in response to Secretary Clinton’s desire to take her BlackBerry device into secure areas, her Chief of Staff discussed with senior officials in S/ES and with the Under Secretary for Management alternative solutions, such as setting up a separate stand-alone computer connected to the Internet for Secretary Clinton “to enable her to check her emails from her desk.” The Under Secretary’s response was “the stand-alone separate network PC is [a] great idea” and that it is “the best solution.” According to the Department, no such computer was ever set up. 
1007
1008
1009https://www.washingtonpost.com/news/post-politics/wp/2015/10/22/transcript-clinton-testifies-before-house-committee-on-benghazi/
1010	CLINTON: ...If you were to be in my office in the State Department, I didn't have a computer...
1011
1012
1013https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2001%20of%2010/view
1014	pg 12
1015
1016	Investigators determined Clinton did not have a computer in her State office, which was located in a Sensitive Compartmented Information Facility (SCIF) on the seventh floor of State headquarters, in an area often referred to as "Mahogany Row." State Diplomatic Security Service (DS) instructed Clinton that because her office was in a SCIF, the use of mobile devices in her office was prohibited.
1017
1018
1019https://careers.state.gov/wp-content/uploads/2016/03/What-Every-New-Employee-Needs-to-Know.pdf
1020	THE ABC’S
1021
1022	What Every New Employee Needs to Know
1023
1024	...Government and personally owned cellular telephones are permitted for use inside DOS facilities only where classified information is not discussed or processed. 
1025
1026
1027https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2001%20of%2010/view
1028	According to Abedin, Clinton primarily used her personal BlackBerry or personal iPad for checking e-mails, and she left the SCIF to do so, often visiting State's eight floor balcony. 
1029
1030
1031https://foia.state.gov/searchapp/DOCUMENTS/HRCEmail_NovWeb/273/DOC_0C05794192/C05794192.pdf
1032	From: H
1033	Sent: Tuesday, September 11, 2012 08:51 PM
1034	To: Diane Reynolds
1035	Subject: I'm in my office
1036
1037	Because of attacks on our embassy in Cairo and our office in Benghazi so email when you can talk.
1038
1039
1040https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2001%20of%2010/view
1041	pg 14
1042
1043	FBI investigation and the State OIG report determined that State issued regular notices to staff during Clinton's tenure highlighting cybersecurity threats and advising that mobile devices must be configured to State security guidelines. Clinton and her immediate staff were notified of foreign travel risks and were warned that digital threats began immediately upon landing in a foreign country...
1044
1045
1046https://oig.state.gov/system/files/esp-16-03.pdf
1047	Beginning in 2009, the Cyber Threat Analysis Division (CTAD) in DS issued regular notices...According to an article posted by CTAD, digital threats begin immediately after landing in a foreign country. A primary threat is traced to the traveler’s mobile device (BlackBerry or other smart device) which is necessarily connected to the local cellular tower. This connection gives foreign entities the opportunity to intercept voice and email transmissions immediately after the traveler arrives overseas.
1048
1049
1050https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2001%20of%2010/view
1051	...Investigations determined that of the e-mails provided by ... Clinton's production to the FBI, approximately [REDACTED] emails were sent or received by Clinton on her personal e-mail accounts while she was travelling outside the continental United States (OCONUS) on official State business.
1052
1053
1054https://www.washingtonpost.com/news/post-politics/wp/2015/03/10/transcript-hillary-clinton-addresses-e-mails-iran/
1055	QUESTION: Were you ever -- were you ever specifically briefed on the security implications of using -- using your own email server and using your personal address to email with the president?
1056
1057	CLINTON: I did not email any classified material to anyone on my email. There is no classified material.
1058
1059
1060https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2001%20of%2010/view
1061	...FBI investigation determined that hundreds of e-mails classified CONFIDENTIAL during the State FOIA process were sent or received by Clinton while she was OCONUS.
1062
1063	...On [REDACTED] occasions while OCONUS, Clinton had direct e-mail contact with an e-mail address for President Barack Obama.
1064
1065
1066https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2002%20of%2010/view
1067	After reviewing an email dated July 1, 2012 with subject line "Fw: Congratulations!," CLINTON stated she received no particular guidance as to how she should use the President's email address [REDACTED]@who.eop.gov. Since the foregoing email was sent from Russia, CLINTON stated she must have sent it from the plane.
1068
1069
1070http://www.breitbart.com/tech/2016/10/20/wikileaks-releases-first-batch-president-obamas-emails/
1071	WikiLeaks Releases First Batch Of Barack Obama’s Emails
1072
1073
1074https://www.washingtonpost.com/news/post-politics/wp/2015/03/10/transcript-hillary-clinton-addresses-e-mails-iran/
1075	QUESTION: ...Madam Secretary, why did you opt out not using two devices at the time? Obviously, if this didn't come out, you wouldn't -- probably wouldn't become an issue.
1076
1077	QUESTION: And my -- my second follow-up question is, if you were a man today, would all this fuss being made be made?
1078
1079	Thank you.
1080
1081	CLINTON: Well, I will -- I will leave that to others to answer.
1082
1083	But as I -- as I said, I saw it as a matter of convenience, and it was allowed. Others had done it. According to the State Department, which recently said Secretary Kerry was the first secretary of state to rely primarily on a state.gov e-mail account.
1084
1085
1086https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2003%20of%2010/view
1087	pg 60
1088
1089	Secretary Clinton, however, was the first Secretary to use a privately maintained email server
1090
1091
1092https://www.washingtonpost.com/news/post-politics/wp/2015/03/10/transcript-hillary-clinton-addresses-e-mails-iran/
1093	CLINTON: ...And when I got there, I wanted to just use one device for both personal and work e-mails, instead of two. It was allowed. And as I said, it was for convenience.
1094
1095
1096https://www.washingtonpost.com/news/fact-checker/wp/2016/07/05/revisiting-clintons-claim-she-used-personal-email-out-of-convenience-and-it-was-allowed-by-state-department/
1097	‘Convenience’
1098
1099	A batch of emails released last month chronicles technical issues that Clinton and her top aides were facing with her private clintonemail.com account in late 2010. This led to communications issues between Clinton and her staff, and Clinton’s emails were being blocked by the State Department’s server. In a November 2010 email, Clinton wrote to her longtime aide, Huma Abedin: “This is not a good system.”
1100
1101	Abedin responded: “We should talk about putting you on state email or releasing your email address to the department so you are not going to spam. It’s not the phone message system, it’s the device delay.”
1102
1103	“Let’s get separate address or device, but I don’t want any risk of the personal being accessible,” Clinton wrote.
1104
1105	This email became a recurring line of questioning in Abedin’s deposition, the transcript of which was released last week by Judicial Watch. When asked about that last response line by Clinton, Abedin explained:
1106
1107	“I read that line exactly the way she wrote it, which is, let’s get a separate address. There was no resistance to getting a separate email address, as I’m reading it in this document. And not wanting her personal emails to be accessible to the public. ...”
1108
1109	Abedin’s answer shows that Clinton was open to having a second device or email address — which calls into question whether the “convenience” concern was relevant or applicable after she became secretary of state. Yet Clinton did not mention these issues when she explained she chose the system out of convenience.
1110
1111
1112
1113Comey testified that for Clinton to be guilty, she'd need to be "generally aware of the wrongful nature" of her conduct and know she was "doing something wrong:"
1114
1115
1116http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
1117	FARENTHOLD: ...you kept referring to she had to know it was illegal to have the requisite criminal intent. I was always taught in law school, and I don’t know where this changed, that ignorance of the law was no excuse. If I’m driving a long at 45 miles and hour and didn’t see the 35 mile and hour speed limit, I was still intentionally speeding, even though I didn’t know it.
1118
1119	Now, I might not have had the requisite criminal intent if maybe my accelerator were jammed or something like that, but even though I didn’t know the law was 35, I was driving 45, I’m going to get a ticket. And I’m probably going to be prosecuted for that.
1120
1121	So, how can you say ignorance of the law is an excuse in Ms. Clinton’s case?
1122
1123	COMEY: Well, the comparison to petty offenses, I don’t think is — you spoke about the question of — ignorance of the law is no excuse, but here’s the distinction. You have to have general criminal intent. You don’t need to know what particular statute you’re violating, but you must be aware of the generally wrongful nature of your conduct…
1124
1125
1126https://www.law.cornell.edu/uscode/text/18/793
1127	18 U.S. Code § 793 - Gathering, transmitting or losing defense information
1128
1129	...(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, ... or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody...
1130
1131
1132https://www.fbi.gov/news/pressrel/press-releases/statement-by-fbi-director-james-b-comey-on-the-investigation-of-secretary-hillary-clinton2019s-use-of-a-personal-e-mail-system
1133	Statement by FBI Director James B. Comey on the Investigation of Secretary Hillary Clinton’s Use of a Personal E-Mail System
1134
1135	...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.
1136
1137
1138http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
1139	DUNCAN: ...Do you agree that there is a very thin line between gross negligence and extreme carelessness? And would you explain to me what you consider to be that difference?
1140
1141	COMEY: Sure, judge — Congressman. As a former judge, you know there isn’t actually a great definition in the law of gross negligence. Some courts interpret it as close to willful, which means you know you’re doing something wrong.
1142
1143	Others drop it lower. My term (ph) extremely careless is trying to be kind of an ordinary person. That’s a common-sense way of describing it; it sure looks real careless to me.
1144
1145	The question of whether that amounts to gross negligence frankly is really not at the center of this because when I look at the history of the prosecutions and see, it’s been one case brought on a gross negligence theory.
1146
1147	I know from 30 years there’s no way anybody from the Department Of Justice is bringing a case against John Doe or Hillary Clinton for the second time in 100 years based on those facts.
1148
1149	DUNCAN: You ended your statement to Congressman Cooper a while ago saying no — saying once again that no reasonable prosecutor could have brought this case, yet you also mentioned earlier today that you had seen several of your friends and other prosecutors who have said publicly, many across this country, they would have been glad to prosecute this case.
1150
1151	COMEY: I smile because they’re friends and I haven’t talked to them I want to say, guys, so where were ya over the last 40 years?
1152
1153	Where were these cases? They just have not been brought for reasons that I said earlier. It’s a good thing the Department Of Justice worries about prosecuting people for being careless. I don’t like it.
1154
1155	As a citizen, I want people to show they knew they were breaking the law and then we’ll put you in jail.
1156
1157
1158
1159For whatever reason, Comey keeps switching throughout his testimony between saying you have to "know you were doing something wrong" or "know you were breaking the law" to be prosecuted for gross negligence. Since the idea that you have to "know you were breaking the law" to be guilty of breaking the law is absurd (https://en.wikipedia.org/wiki/Ignorantia_juris_non_excusat), we'll assume Comey meant you have to "know you were doing something wrong" to break the law, e.g. "consciousness of guilt" (which is also absurd https://en.wikipedia.org/wiki/Negligent_homicide, but anyway...). Even still, Comey's defense of Clinton doesn't hold up.
1160
1161From her public statements, it looks like Clinton really wants people to know her private server was "allowed," "totally above board," and "for convenience:"
1162
1163	...when I got to work as secretary of state, I opted for convenience to use my personal email account, which was allowed by the State Department
1164
1165	...First, the laws and regulations in effect when I was secretary of state allowed me to use my email for work. That is undisputed.
1166
1167	...And when I got there, I wanted to just use one device for both personal and work e-mails, instead of two. It was allowed. And as I said, it was for convenience.
1168
1169	...As I said, it was allowed and there was no hiding it. It was totally above board.
1170
1171
1172	...TAPPER: Right. And you said it was allowed, too.
1173
1174	CLINTON: Yes, it was.
1175
1176	TAPPER: Who allowed it?
1177
1178	CLINTON: It was allowed under the rules of the State Department. And again --
1179
1180	TAPPER: So nobody signed off on it?
1181
1182	CLINTON: No, no. It was allowed.
1183
1184
1185	...But as I -- as I said, I saw it as a matter of convenience, and it was allowed. 
1186
1187
1188But the FBI found that Clinton sent an "all-staff cable" telling her State Department employees that "personal email should not be used day-to-day for business purposes and that personal email is not secure, so do not use them for business purposes." Clinton had an "obligation" to clear her personal server with the State department and dodged the question when asked if anybody "signed off" on her personal server. The State Department OIG found "no evidence" Clinton sought approval for her private server, and "would not" have approved it due to the "security risks." The FBI and State OIG found multiple State department employees, including high-level officials, were unaware Clinton used a private email server for State business. Clinton told David Muir "everybody in the government I communicated with ... knew I was using a personal e-mail," but the FBI found that multiple people in direct email contact with Clinton who didn't know she used a personal server. Clinton's server was configured in a way to hide her address. Clinton's assistant Huma Abedin told Clinton "We should talk about ... releasing your email address to the department," suggesting the State Department didn't know Clinton's email address.
1189
1190Clinton's conduct at the State Department was also reckless. Clinton really wanted to use her Blackberry from her office, located in a Sensitive Compartmented Information Facility (SCIF). Regarding use of unsecure Blackberry's in SCIFs, Clinton was given a memo saying "I cannot stress too strongly, however, that any unclassified Blackberry is highly vulnerable in any setting to remotely and covertly monitoring conversations, retrieving e-mails, and exploiting calendars," and a copy of a memo saying as much was found in her papers. Clinton said she "gets it."
1191
1192But Clinton really wanted to use her Blackberry in her office. Security offered to "make access to the Secretary's OpenNet account on her desktop workstation as easy and convenient as possible," but Clinton never set up a computer in her office. Clinton sent thousands of emails from her blackberry while working from her office, including one titled "I'm in my office."
1193
1194The FBI found that although Clinton was warned multiple times not to use her Blackberry in foreign counties, ("A primary threat is traced to the traveler’s mobile device [BlackBerry or other smart device] which is necessarily connected to the local cellular tower."), she sent hundreds of classified emails from foreign countries, including emails to the President of the United States. When asked if she was briefed on the "security implications" of emailing the President from another country, Clinton dodged the question:
1195
1196
1197https://www.washingtonpost.com/news/post-politics/wp/2015/03/10/transcript-hillary-clinton-addresses-e-mails-iran/
1198	QUESTION: Were you ever -- were you ever specifically briefed on the security implications of using -- using your own email server and using your personal address to email with the president?
1199
1200	CLINTON: I did not email any classified material to anyone on my email. There is no classified material.
1201
1202
1203When the FBI confronted Clinton in a similar way about emailing Obama from Russia, Clinton told the FBI she "must have sent it from the plane," indicating she knew she she wasn't supposed to be emailing Obama from Russia. Even if Clinton's emails didn't help Obama's emails get on Wikileaks (Russian intelligence could insert malware into her emails in transit, for example), her actions complicate any investigation into the leak of Obama's emails.
1204
1205Clinton told the public her email setup was allowed while telling the State Department it wasn't allowed. She said she "fully complied with every rule that [she] was governed by" after knowingly breaking the rules in a way that risked national security. It really, really, looks like Clinton was trying to hide something, which suggests she knew she was doing something wrong. Comey didn't explain why this wasn't good enough for his "intent" requirement.
1206
1207Clinton's explanation that her email setup was for "convenience" doesn't hold up either--when her server was plagued with technical issues and blocked by the State Department, she told Abedin “This is not a good system.” When Abedin offered to get her a State Department email, Clinton said “Let’s get separate address or device, but I don’t want any risk of the personal being accessible.” (Clinton never used an official .gov email during her tenure at the State Department). This also speaks to Clinton's intent: it looks like she was trying to hide her personal emails.
1208
1209
1210Claim #3: Clinton provided all work-related emails:
1211
1212
1213https://www.washingtonpost.com/news/post-politics/wp/2015/03/10/transcript-hillary-clinton-addresses-e-mails-iran/
1214	...the vast majority of my work emails went to government employees at their government addresses, which meant they were captured and preserved immediately on the system at the State Department.
1215
1216	...after I left office, the State Department asked former secretaries of state for our assistance in providing copies of work- related emails from our personal accounts. I responded right away and provided all my emails that could possibly be work-related, which totalled roughly 55,000 printed pages, even though I knew that the State Department already had the vast majority of them. We went through a thorough process to identify all of my work- related emails and deliver them to the State Department. At the end, I chose not to keep my private personal emails -- emails about planning Chelsea's wedding or my mother's funeral arrangements, condolence notes to friends as well as yoga routines, family vacations, the other things you typically find in inboxes.
1217
1218	No one wants their personal emails made public, and I think most people understand that and respect that privacy.
1219
1220	Fourth, I took the unprecedented step of asking that the State Department make all my work-related emails public for everyone to see.
1221
1222	I am very proud of the work that I and my colleagues and our public servants at the department did during my four years as secretary of state, and I look forward to people being able to see that for themselves.
1223
1224
1225https://www.washingtonpost.com/news/post-politics/wp/2015/03/10/transcript-hillary-clinton-addresses-e-mails-iran/
1226	CLINTON: Yes?
1227
1228	QUESTION: Did you or any of your aides delete any government- related e-mails from your personal account? And what lengths are you willing to go to to prove that you didn't?
1229
1230	Some people, including supporters of yours, have suggested having an independent arbiter look at your server, for instance.
1231
1232	CLINTON: We did not. In fact, my direction to conduct the thorough investigation was to err on the side of providing anything that could be possibly viewed as work related.
1233
1234	That doesn't mean they will be by the State Department once the State Department goes through them, but out of an abundance of caution and care, you know, we wanted to send that message unequivocally.
1235
1236	That is the responsibility of the individual and I have fulfilled that responsibility, and I have no doubt that we have done exactly what we should have done. When the search was conducted, we were asking that any email be identified and preserved that could potentially be federal records, and that's exactly what we did.
1237
1238
1239https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2001%20of%2010/view
1240	pg 19
1241
1242	To date, the FBI has recovered from additional data sources and reviewed approximately 17,448 unique work-related and personal e-mails from Clinton's tenure containing Clinton's hdr22@clintonemail.com aaa e-mail address that were not provided by Williams & Connolly as part of Clinton's production to the FBI
1243	
1244	...Twelve of the e-mail chains, classified by State as SECRET or CONFIDENTIAL, were not among the approximately 30,000 e-mails provided by State and the FBI by Williams & Connolly.
1245
1246
1247https://www.washingtonpost.com/news/post-politics/wp/2015/10/22/transcript-clinton-testifies-before-house-committee-on-benghazi/
1248	JORDAN: We -- we know the National Archive has -- Secretary Clinton, we know the National Archive has said 1,250 were clearly personal. No way we should have -- no way you should have sent them to the State Department.
1249
1250	And then we also know that 15, you missed, because we got those from Mr. Blumenthal when he came in -- was -- was -- for his deposition.
1251
1252	CLINTON: Thank you.
1253
1254	JORDAN: So if you -- you missed 15 you should have given us, and you gave us 1,250 that -- not we say, but the national archivist says -- you never should have turned over. You erred on both sides. So again, that's why we want to know the terms. Because if you've made a mistake both ways, you may to made -- might have made more mistakes. We don't know.
1255
1256	CLINTON: Well, first of all, you had nine hours with one of my attorneys. And since I think the Democrats just finally released the transcript, I haven't had a chance...
1257
1258	JORDAN: And I -- and I specifically asked Ms. Mills. I did.
1259
1260	CLINTON: ...well...
1261
1262	JORDAN: I did. I asked her about this and she gave me the -- basically the same kind of answer you're giving me.
1263
1264	CLINTON: Well, she'll be happy to supplement the record if (inaudible).
1265
1266	JORDAN: But she's not on the witness stand today. You are, and I'm asking you.
1267
1268	CLINTON: Well, but I -- I asked my attorneys to do it. I thought that was the appropriate way to proceed.
1269
1270	...GOWDY: You think our first request, there were only eight emails responsive to our first request?
1271
1272	CLINTON: I can't speak to it. I believe your first request was for Benghazi. And I believe that the State Department did a diligent search. Then I believe you expanded it to Libya and weapons and maybe a few other terms. And I believe they conducted a diligent...
1273
1274	GOWDY: Well, our jurisdiction hasn't grown, Madam Secretary. Our jurisdiction is the same thing it was.
1275
1276	Let me ask you this. You say that you turned over everything. I don't get a chance to watch you a lot on television, but when I see you are interviewed, you make a point of saying, I turned over everything.
1277
1278	CLINTON: All my work related emails, yes.
1279
1280	GOWDY: How do you know that?
1281
1282	CLINTON: I know that because there was an exhaustive search done under the supervision of my attorneys, and that is exactly the outcome. We turned over every work related email, in fact, as somebody referred to earlier, we turned over too many.
1283
1284	The State Department and the National Archives said there are 1,246 out of the 30,000-plus that they have already determined did not need to be turned over.
1285
1286	GOWDY: And you have a really...
1287
1288	SANCHEZ: Regular order, Mr. Chairman.
1289
1290	GOWDY: ... good group of attorneys, which makes me wonder...
1291
1292	SANCHEZ: Chairman, regular order.
1293
1294	GOWDY: ... how they missed 15 of them.
1295
1296	CLINTON: Well if you are talking about Mr. Blumenthal, which I assume you are, he had some that I didn't have, and I had some that he didn't have. And he -- I was under no obligation to make any of his emails available unless I decided they were work related.
1297
1298	And the ones that I decided that were work related I forwarded to the state.gov accounts of the people with whom I worked.
1299
1300
1301http://images.politico.com/global/2015/08/10/clintonjwatchdec080815.pdf
1302	I, Hillary Rodham Clinton, declare under penalty of perjury that the following is true and correct:
1303
1304	1) While I do not know what information may be "responsive" for purposes of this law suit, I have directed that all my e-mails on clintonemail.com in my custody that were or potentially were federal records be provided to the Department of State, and on information and belief, this has been done.
1305
1306	2) As a result of my directive, approximately 55,000 pages of these e-mails were produced to the Department on December 5, 2014
1307
1308	3) Cheryl Mills did not have an account on clintonemail.com. Huma Abedin did have such an account which was used at times for government business.
1309
1310
1311https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2006%20of%2010/view
1312	pg 53
1313
1314	The instant communication documents an analysis conducted by the author regarding the Department of State (DoS) tenure e-mail correspondence between the personal accounts of HILLARY CLINTON (hdr22@clintonemail.com) and HUMA ABEDIN (huma@clintonemail.com). The author analyzed e-mail correspondence across the various datasets acquired by the FBI during the course of its investigation. Ultimately, the author identified approximately 1,539 direct e-mails between hdr22@clinconemail.com and huma@clintonemail.com (i.e., no other email address was party to the e-mail communication) which were not provided to DOS by Clinton in December in 2014, but were assessed by the FBI to be work-related.
1315
1316
1317http://www.cbsnews.com/news/report-fbi-pulls-deleted-emails-from-hillary-clintons-server/
1318	The FBI has salvaged work and personal emails thought to have been deleted from the private server Hillary Clinton used while she was secretary of state, Bloomberg first reported Tuesday night.
1319
1320
1321https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2006%20of%2010/view
1322	...the process used by CLINTON's legal team to determine which of CLINTON's DoS tenure emails were work-related was possibly flawed in its handling of email correspondence between CLINTON and ABEDIN's huma@clintonemail.com address.
1323
1324
1325https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2010%20of%2010/view
1326	pg 6
1327
1328	Key Findings
1329
1330	- Analysis of two datasets in the FBI's possession revealed approximately 1,539 unique work-related e-emails involving only two parties: hdr22@clintonemail.com and huma@clintonemail.com (hereafter, referred to as "CA party e-mails"). Hillary Clinton's legal team only turned over 32 CA party emails to the State Department on December 2014.
1331
1332	- When conducing their review of the ~60,000 emails, Hillary Clinton's legal team possibly failed to assess the entirety of huma@clintonemail.com (hereafter, "Huma CE") e-mail correspondence with Clinton determine which were work-related. All Huma CE e-mails in the 30,524 e-mail dataset contained another search term used in the legal team review process (e.g., names and emails of key individuals, "Libya," "Benghazi"), indicating Huma CE and Abedin's name were possibly not used as their own search terms to identify those emails for production.	
1333
1334
1335http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
1336	GOWDY: Secretary Clinton said neither she nor anyone else deleted work related e-mails from her personal account. Was that true?
1337
1338	COMEY: That’s a harder one to answer. We found traces of work- related e-mails in — on devices or in slack space. Whether they were deleted or whether when the server was changed out something happened to them. There’s no doubt that the work-related e-mails that were removed electronically from the e-mail system.
1339
1340
1341https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2006%20of%2010/view
1342	...the analysis detailed in this communication does not represent the entirety of the work-related e-mails recovered by the FBI.
1343
1344
1345http://www.washingtontimes.com/news/2016/dec/19/judge-orders-release-fbi-search-warrant-huma-abedi/
1346	A federal judge on Monday ordered the administration to release the search warrant that the FBI used to probe Huma Abedin’s emails in the waning days of the presidential election...
1347
1348
1349http://i2.cdn.turner.com/cnn/2016/images/12/20/weinerwarrant.pdf
1350	UNITED STATES DISTRICT COURT
1351
1352	In matter of the Search of ... A Laptop Computer
1353
1354	...The FBI's investigation determined that [REDACTED], using [REDACTED] various email accounts, typically communicated with Clinton's @clintonemail.com email account on a daily basis. Analysis of emails in the FBI's possession revealed more than 4,000 work-related emails between [REDACTED] and Clinton from 2009 to 2013.
1355
1356	...Given the information indicated that there are thousands of [REDACTED] emails located on the Subject laptop ... including from [REDACTED] account as well as a [REDACTED] account appearing to belong to [REDACTED]--and the regular email correspondence between [REDACTED] and Clinton, there is probable cause to believe that the Subject laptop contains correspondence between [REDACTED] and Clinton...
1357
1358
1359https://www.washingtonpost.com/news/the-fix/wp/2016/10/28/a-british-tabloid-story-is-the-reason-for-hillary-clintons-new-fbi-nightmare/
1360	The tabloid story that led to Anthony Weiner’s guilty plea — and Hillary Clinton’s nightmare
1361
1362	...In the course of investigating Weiner, the FBI discovered on his laptop emails from Huma Abedin, Weiner's wife and a top Clinton aide. The agency deemed the emails relevant to a separate (previously closed) investigation of Clinton's use of a private email server during her tenure as secretary of state, and notified Congress that it was reopening the Clinton probe...
1363
1364
1365https://www.washingtonpost.com/news/post-politics/wp/2015/03/10/transcript-hillary-clinton-addresses-e-mails-iran/
1366	QUESTION: Madam Secretary?
1367
1368	CLINTON: Hi.
1369
1370	QUESTION: How could the public be assured that when you deleted emails that were personal in nature, that you didn't also delete emails that were professional, but possibly unflattering?
1371
1372	And what do you think about this Republican idea of having an independent third party come in an examine your emails?
1373
1374	CLINTON: Well first of all, you have to ask that question to every single federal employee, because the way the system works, the federal employee, the individual, whether they have one device, two devices, three devices, how many addresses, they make the decision.
1375
1376	So, even if you have a work-related device with a work-related .gov account, you choose what goes on that. That is the way our system works. And so we trust and count on the judgment of thousands, maybe millions of people to make those decisions.
1377
1378	And I feel that I did that and even more, that I went above and beyond what I was requested to do. And again, those will be out in the public domain, and people will be able to judge for themselves.
1379
1380
1381http://www.cnn.com/2016/09/07/politics/hillary-clinton-colin-powell-emails/index.html
1382	The FBI's report on Clinton's email use includes information about Powell's warning to Clinton that using a government email meant her messages would become public.
1383
1384	In the email exchange Powell wrote "there is a real danger."
1385
1386	"Government or not, to do business, it may become an official record and subject to the law," he said.
1387
1388	He added: "Be very careful ... I got around it all by not saying much and not using systems that captured the data."
1389
1390
1391http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
1392	DUNCAN: Right. And it also is accurate that, quote, “Clinton’s lawyers cleaned their devices in such a way as to preclude complete forensic recovery.”
1393
1394	COMEY: Correct.
1395
1396	...JORDAN: Did Secretary Clinton know that her lawyers cleaned devices in such a way to preclude forensic recovery?
1397
1398	COMEY: I don’t believe she did.
1399
1400
1401http://www.politico.com/story/2016/09/best-of-clinton-fbi-report-227692
1402	1. The ‘oh shit’ moment
1403
1404	After Clinton’s staff members completed their response to the State Department for her email records in December 2014, Clinton said she told staff that she did not need them anymore.
1405
1406	“In or around this same timeframe the retention policy for her email was changed as part of her move to a new personal office account,” the FBI stated in notes from Clinton’s interview.
1407
1408	Former chief of staff Cheryl Mills said that Clinton in December 2014 decided she did not need access to any of her emails older than 60 days. But, according to a redacted source, another redacted entity did not modify the retention policy on Clinton’s clintonemail.com account until March 2015.
1409
1410
1411https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2001%20of%2010/view
1412	pg 18
1413
1414	On March 2, 2015, The New York Times (NYT) published an article titled "Hillary Clinton used Personal Email Account at State Dept, Possibly Breaking Rules"
1415
1416	...On March 3, 2015, the United States House Select Committee on Benghazi provided a letter to Williams & Connolly requesting preservation
1417
1418	...In the days following the publication of the NYT article, Mills requested that PRN conduct a complete inventory of all equipment related to the Pagliano server.
1419
1420	...on March 25, 2015, PRN held a conference call with President Clinton's staff. In his interview with the FBI, [REDACTED] indicated that sometime between March 25-31, 2015, he realized he did not make the e-mail retention policy changes to Clinton's clintonemail.com e-mail account that Mills had requested in December 2014. In his FBI interview on February 18, 2016, [REDACTED] indicated that he did not recall conducting deletions based upon this realization. In a follow-up FBI interview on May 3, 2016, [REDACTED] indicated he believed he had an "oh shit" moment and sometime between March 25-31, 2015 deleted the Clinton archive mailbox from the PRN server and used BleachBit to delete the exported .PST files he had created on the server system containing Clinton's e-mails. Investigation found evidence of these deletions and determined the Datto backups of the PRN Server were also manually deleted during this timeframe. Investigation identified a PRN work ticketed, which referenced a conference call among PRN, Kendall, and Mills on March 31, 2015. PRN's attorney advised [REDACTED] not to comment on the conversation with Kendall based upon the assertion of the attorney-client privilege.
1421
1422	...[REDACTED] advised during his February 18, 2016 interview that he did not recall seeing the preservation request ...During his May 3, 2016 interview, [REDACTED] indicated that, at the time he made the deletions in March 2015, he was aware of the existence of the preservation request and the fact that it meant he should not disturb Clinton's e-mail data on the PRN Server.
1423
1424	...Mills stated she was unaware that [REDACTED] had conducted these deletions and modifications in March 2015. Clinton stated she was also unaware of the March 2015 e-mail deletions by PRN.
1425
1426
1427https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2003%20of%2010/view
1428	[REDACTED] was asked to delete approximately two emails related to the public release of Secretary CLINTON's emails. The request was in relation to cleaning unclassified State systems, however, due to an FBI preservation request, [REDACTED] had not deleted any communications. He recalled one of the emails being from an Ambassador and began with a phrase similar to "My classnet is down, so I'll start here..."
1429
1430
1431http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
1432	Now, that seems to me to provide some context to what took place here. Did Secretary Clinton’s legal team — excuse me, let me ask it this way. Did Secretary Clinton know her legal team deleted those e- mails that they kept from us?
1433
1434	COMEY: I don’t believe so.
1435
1436	JORDAN: Did Secretary Clinton approve those e-mails being deleted?
1437
1438	COMEY: I don’t think there was any specific instruction or conversation between the Secretary and her lawyers about that.
1439
1440
1441https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2001%20of%2010/view
1442	pg 18
1443
1444	Clinton told the FBI that, after her staff completed her e-mail production to State in December 2014, she was asked what she wanted to do with her remaining personal e-mails, Clinton instructed her staff she no longer needed the e-mails. Clinton stated she never deleted, nor did she instruct anyone to delete, her e-mails to avoid complying with FOIA, State or FBI requests for information. 
1445
1446
1447https://www.washingtonpost.com/news/post-politics/wp/2015/03/10/transcript-hillary-clinton-addresses-e-mails-iran/
1448	CLINTON: ...At the end, I chose not to keep my private personal emails -- emails about planning Chelsea's wedding or my mother's funeral arrangements, condolence notes to friends as well as yoga routines, family vacations
1449
1450
1451https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2004%20of%2010/view
1452	pg 49
1453
1454	[REDACTED] did not interact with CLINTON nor MILLS via email, but sometimes he would receive a forwarded email with their accounts listed on the chain. [REDACTED] remembered receiving email chains that contained Clintonfoundation.org accounts
1455
1456
1457https://www.washingtonpost.com/politics/emails-reveal-how-foundation-donors-got-access-to-clinton-and-her-close-aides-at-state-dept/2016/08/22/345b5200-6882-11e6-8225-fbb8a6fc65bc_story.html
1458	Emails reveal how foundation donors got access to Clinton and her close aides at State Dept. 
1459
1460	...In each case, according to emails released Monday from Hillary Clinton’s time as secretary of state, the requests were directed to Clinton’s deputy chief of staff and confidante, Huma Abedin
1461
1462
1463https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2001%20of%2010/view
1464	The following day, the House Select Committee on Benghazi issued a subpoena to Clinton to produce e-mails from hdr22@clintonemail.com, hrod17@clintonemail.com, and other e-mail addresses used by CLinton, pursuant to the events surrounding the 2012 terrorist attack in Benghazi.
1465
1466
1467https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2004%20of%2010/view
1468	pg 51
1469
1470	Before IPS conducted their review of the Benghazi request, [REDACTED] Attorney, Office of the Legal Adviser performed their own, independent review of the 296 Benghazi-related emails. [REDACTED] review team used different [points of contact (POC)] at other agencies to review the 296 emails for a classification determination. [REDACTED] did not know why: 1) [REDACTED] team did a review, as that was IPS' purview; 2) why [REDACTED] team used different POCs than the regular POCs IPS used; 3) what review criteria and/or parameters [REDACTED] team used during their review; and 4) why [REDACTED] team reviewed and produced the 296 emails to the House Committee prior to IPS conducting their formal review.
1471
1472	pg 54
1473
1474	...IPS felt the 7th floor, or leading leading STATE officials, had their own ideas on how to formally review the 296 emails. KENNEDY's initial idea for how to review...
1475
1476	...IPS felt immense pressure to complete the review quickly and to not label anything as classified.
1477
1478
1479http://www.bbc.com/news/election-us-2016-37683119
1480	Clinton emails: 'Quid pro quo' bid to bury Benghazi message
1481
1482	A State Department official offered a "quid pro quo" deal if the FBI would change the classification of a Hillary Clinton email, FBI documents indicate.
1483
1484	Patrick Kennedy, an undersecretary of state, had asked the email be downgraded to a lower category.
1485
1486	In exchange, an FBI agent said, Mr Kennedy offered to accept an FBI request for extra agents at foreign diplomatic posts. 
1487
1488
1489http://www.politico.com/story/2016/10/fbi-state-department-clinton-email-229880
1490	Kennedy was also involved in ... "The Shadow Government"
1491
1492
1493http://www.cnbc.com/2016/10/17/fbi-releases-100-new-pages-on-clinton-email-probe.html
1494	"There was a powerful group of very high-ranking STATE officials that some referred to as 'The 7th Floor Group' or 'The Shadow Government.' This group met every Wednesday afternoon to discuss the FOIA process, Congressional records, and everything CLINTON-related to FOIA/Congressional inquiries," the FBI's interview summary said. 
1495
1496
1497https://www.washingtonpost.com/news/post-politics/wp/2015/03/10/transcript-hillary-clinton-addresses-e-mails-iran/
1498	QUESTION: Can you explain how you decided which of the personal e-mails to get rid of, how you got rid of them and when? And how you'll respond to questions about you being the arbiter of what you release? 
1499
1500	CLINTON: ...In going through the e-mails, there were over 60,000 in total, sent and received. About half were work-related and went to the State Department and about half were personal that were not in any way related to my work. I had no reason to save them, but that was my decision because the federal guidelines are clear and the State Department request was clear.
1501
1502	For any government employee, it is that government employee's responsibility to determine what's personal and what's work-related. I am very confident of the process that we conducted and the e-mails that were produced. 
1503
1504
1505https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2002%20of%2010/view
1506	...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.
1507
1508
1509https://www.washingtonpost.com/news/post-politics/wp/2015/03/10/transcript-hillary-clinton-addresses-e-mails-iran/
1510	JORDAN: And what were the date parameters? What -- what date did you start, what was the end date, and the e-mails in between that we're going to look at?
1511
1512	CLINTON: Well, Congressman, I asked my attorneys to oversee the process. I did not look over their shoulder. I did not dictate how they would do it. I did not ask what they were doing and how they made their determinations (ph).
1513
1514	JORDAN: So you don't know? You don't know what terms they used to determine which ones were your e-mails and which ones the State Department got, and therefore we might get?
1515
1516	CLINTON: You know, The State Department had between 90 and 95 percent of all the ones that were work related. They were already on the system. In fact, this committee got e-mails...
1517
1518
1519http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
1520	CHAFFETZ: And did they see any classified information? Did Hillary Clinton’s attorneys, without security clearances, see classified information?
1521
1522	COMEY: As (ph) I sit here, I don’t know the answer to that.
1523
1524	CHAFFETZ: It has to be yes Director, you came across 110 and they said they went through all of them.
1525
1526	COMEY: Well, they didn’t read them all they just looked at headings (ph)…
1527
1528	CHAFFETZ: So their excuse is we saw the e-mails but we didn’t read them?
1529
1530
1531https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2004%20of%2010/view
1532	pg 39
1533
1534	On August 17, 2015, KATHERINE M. TURNER, Partner at the law offices of Williams & Connolly LLP ... met at her place of employment with agents of the FBI to discuss voluntarily turning over six (6) laptop computers known to contain Top Secret classified information.
1535
1536	...TURNER acknowledged that these laptops contain Top Secret email communications
1537
1538	...[REDACTED] admitted that the computer in his possession has been connected to the Internet on numerous occasions subsequent to being loaded with the classified email communications of HILLARY CLINTON.
1539
1540	...Both [REDACTED] and TURNER admitted that the emails contained on these laptops had been viewed by attorneys who did not have a security clearance at the time they reviewed the material.
1541
1542
1543http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
1544	COMEY: You know I think I said this in my statement on Tuesday, they sorted the e-mails by using headers and search terms to try and find work related e-mails, we read them all.
1545
1546	CHAFFETZ: I know that you read them all. Do you think it’s reasonable or unreasonable to think that her attorneys, under her director, did or did not read those e-mails? Because there were — let me go back to this, yes or no, were there or were there not classified e-mails that her — that Hillary Clinton’s attorneys read?
1547
1548	COMEY: I don’t know whether they read them at the time.
1549
1550	CHAFFETZ: They — did Hillary Clinton give non-cleared people access to classified information?
1551
1552	COMEY: Yes. Yes.
1553
1554	CHAFFETZ: What do you think her intent was?
1555
1556	COMEY: I think then was to get good legal representation and to make the production to the State Department. That can be a very tall order, in that circumstance (ph) I don’t see the evidence there to make a case that she was acting with criminal intent in her engagement with her lawyers.
1557
1558	CHAFFETZ: And I’d just — I guess I read criminal intent as the idea that you allow somebody without a security clearance access to classified information. Everybody knows that Director, everybody knows that.
1559
1560
1561https://www.washingtonpost.com/news/post-politics/wp/2015/03/10/transcript-hillary-clinton-addresses-e-mails-iran/
1562	JORDAN: I appreciate -- let -- and let's get into that.
1563
1564	Those 55,000 pages, there were 62,00 e-mails -- total e-mails, on your system. You have stated that you used a multi-step process to determine which ones were private, which ones were public, which ones belonged to you and your family, which ones belonged to the taxpayer.
1565
1566	Who oversaw this multi-step process in making that determination which ones we might get and which ones that were personal?
1567
1568	CLINTON: That was overseen by my attorneys and they conducted a rigorous review of my e-mails and...
1569
1570	JORDAN: These are the folks sitting behind you there, Mr. Kendall, Ms. Mills...
1571
1572	CLINTON: Yes, that's right.
1573
1574	JORDAN: ...Ms. Danielsen (ph)? All right.
1575
1576	And you said rigorous. What does that mean?
1577
1578	CLINTON: It means that they were asked to provide anything that could be possibly construed as work related. In fact, in my opinion -- and that's been confirmed by both the State Department...
1579
1580	JORDAN: But I'm asking how -- I'm asking how it was done. Was -- did someone physically look at the 62,000 e-mails, or did you use search terms, date parameters? I want to know the specifics.
1581
1582	CLINTON: They did all of that, and I did not look over their shoulders, because I thought it would be appropriate for them to conduct that search, and they did.
1583
1584	JORDAN: Will you provide this committee -- or can you answer today, what were the search terms? 	
1585	CLINTON: The search terms were everything you could imagine that might be related to anything
1586
1587
1588https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2006%20of%2010/view
1589	pg 54
1590
1591	...each of the 32 e-mails contained references to either "Benghazi," "Libya," or "Tripoli." Consequently, the 32 e-mails possibly were provided to DOS because they hit on those search terms
1592
1593
1594http://thehill.com/policy/national-security/293837-fbi-recovers-30-clinton-emails-involving-benghazi-attack
1595	FBI recovers 30 deleted Clinton emails involving Benghazi attack
1596
1597
1598https://www.washingtonpost.com/news/post-politics/wp/2015/03/10/transcript-hillary-clinton-addresses-e-mails-iran/
1599	CLINTON: ...but they also went through every single e-mail.
1600
1601
1602https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2002%20of%2010/view
1603	After reviewing an email dated November 26, 2010 with the subject line "Mbz Call - 7:15am," CLINTON stated she recalled the time period of the WikiLeaks disclosures because it was a difficult time for State. She spent long hours on the phone with foreign diplomats addressing the WikiLeaks disclosures and ensuring no one was in danger as a result of the disclosures. Regarding the specific email, CLINTON did not know why it was not in the approximately 30,000 emails produced to State, and, based on its content, would expect it to be considered work-related.
1604
1605
1606https://www.washingtonpost.com/news/post-politics/wp/2015/03/10/transcript-hillary-clinton-addresses-e-mails-iran/
1607	GOWDY: Madam Secretary, is there any question that the 15 that James Cole turned over to us were work related? There's no ambiguity about that. They were work related.
1608
1609	CLINTON: No. They were from a personal friend, not any official government -- not any government official. And they were, I determined on the basis of looking at them, what I thought was work related and what wasn't. And some I didn't even have time to read, Mr. Chairman. 
1610
1611	...GOWDY: The 15 -- my question to you, on the 15, did your lawyers find them and decide that they were not work related or did they not find them?
1612
1613	CLINTON: Well, I don't know why he had emails I didn't. And I don't know why, apparently, I had emails he didn't. And all I can tell you is that I turned over every work related email in my possession.
1614
1615
1616http://thehill.com/policy/national-security/290906-deleted-clinton-emails-might-remain-secret-until-after-election
1617	The FBI says it found “several thousand” work-related emails Clinton deleted, but the State Department has not committed to a schedule for their release
1618
1619
1620http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
1621	CONNOLLY: Was she evasive?
1622
1623	COMEY: I don’t think the agents assessed she was evasive.
1624
1625
1626https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2002%20of%2010/view
1627	CLINTON had no knowledge regarding the following topics:
1628
1629	- The creation, storage, transfer, or access to an archive of her email created by MONICA HANLEY in the Spring of 2013
1630
1631	- The specific process and procedures used by CLINTON's legal team and PRN to separate her work and personal email
1632
1633	- Discussions of federal records related to the Apple, Pagliano, or PRN servers
1634
1635	- The existence of any copies of her clintonemail.com emails, other than what has been provided to the FBI and State
1636
1637	- March 2015 deletions by PRN
1638
1639
1640https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2002%20of%2010/view
1641	...CLINTON did not have any conversations with regard to using the server to avoid the Freedom of Information Act (FOIA), and specifically denied using the server to avoid Federal Records Act (FRA) requirements. Based on her practice of emailing staff on their state.gov accounts, CLINTON assumed her communications were captured by State systems. CLINTON was not aware of State employee [REDACTED] expressing concerns CLINTON's email server was not compliant with the FRA.
1642
1643
1644https://www.washingtonpost.com/news/the-fix/wp/2016/09/02/the-many-things-hillary-clinton-couldnt-recall-in-her-fbi-interview/
1645 	Hillary Clinton told the FBI she couldn’t recall something more than three dozen times 
1646
1647
1648http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
1649	GROTHMAN: Do you think Mrs. Clinton knew that the technical people were erasing these e-mails so that even your top technical experts could recover them?
1650
1651	COMEY: Based on my sense now for technical sophistication, I — I — I don’t think so.
1652
1653
1654http://abcnews.go.com/Politics/timeline-hillary-clintons-email-saga/story?id=29442707
1655	Hillary Clinton was recorded telling a donor that she didn't like using email.
1656
1657	Home video footage from 2000, shot at a fundraiser by a donor, Peter Paul, showed then-Sen. Clinton talking about how she had chosen to avoid email for fear of leaving a paper trail.
1658
1659	"As much as I’ve been investigated and all of that, you know, why would I? -- I don’t even want -- Why would I ever want to do e-mail?" Clinton said.
1660
1661	"Can you imagine?" she asked.
1662
1663
1664
1665Clinton testified to Congress that she all emails she "decided that were work related [she] forwarded to the state.gov accounts of the people with whom [she] worked," and Clinton swore under penalty of perjury that 1. She turned over all work related emails to the State Department and 2. She knew Huma Abedin used an account on Clinton's private server to conduct government business. But the FBI found "1,539 direct e-mails between hdr22@clinconemail.com and huma@clintonemail.com," saying this is only a subset of the work-related emails between Clinton and Abedin on her personal server (an FBI warrant suggests 4,000). It is inconceivable that Clinton knew Abedin was using an account on her server for work, sent her work-related emails 1,539 to 4,000 times, yet forgot to turn these emails over to the State Department.
1666
1667This means Clinton either lied under oath to Congress, or really thinks those 1,539 to 4,000 emails weren't work-related (it sounds like at least 2 of them were classified: http://i2.cdn.turner.com/cnn/2017/images/05/09/2017-05-09.fbi.to.ceg.-.comey.testimony.supplement.pdf). Lying under oath about her failure to turn over her work-related emails to the Government would be evidence that Clinton was trying to hide something and knew what she was doing was wrong. Still, for whatever reason, Comey didn't review Clinton's statements to Congress before his recommendation not to indict. 
1668
1669Clinton's statements to the press also suggest she knew she was doing something wrong. She told the public it was her responsibility to decide which of her emails are work-related:
1670
1671	QUESTION: How could the public be assured that when you deleted emails that were personal in nature, that you didn't also delete emails that were professional, but possibly unflattering? ...
1672
1673	CLINTON: Well first of all, you have to ask that question to every single federal employee, because the way the system works, the federal employee, the individual, whether they have one device, two devices, three devices, how many addresses, they make the decision.
1674
1675	...CLINTON: ...For any government employee, it is that government employee's responsibility to determine what's personal and what's work-related. 
1676
1677
1678But she told the FBI she left that entirely to her lawyers:
1679
1680
1681https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2002%20of%2010/view
1682	...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.
1683
1684
1685This would open-up the opportunity for Clinton to abuse attorney-client privilege and direct her lawyers to delete federal records she wouldn't want made public (although there is one relevant exception http://www.huffingtonpost.com/brad-reid/the-crime-fraud-exception_b_8806598.html). Clinton's lawyers at least seemed to have attorney-client privilege in mind:
1686
1687
1688https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2004%20of%2010/view
1689	pg 39
1690
1691	TURNER acknowledged that these laptops contain Top Secret email communications and attorney/client privileged communications. TURNER sought to turn over the laptops as soon as possible but wished to ensure that privileged communications on the laptops would remain confidential. TURNER declined to provide consent to search the laptops
1692
1693	...According to [REDACTED] SAMUELSON deleted CLINTON's personal emails from the original 60,000 resulting in the 30,490 emails eventually turned over to the FBI.
1694
1695
1696Clinton's lawyers told the FBI they deleted Clinton's "personal" emails--thousands of which were later found to be work-related--but Comey had trouble relaying that to Congress:
1697
1698
1699http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
1700	GOWDY: Secretary Clinton said neither she nor anyone else deleted work related e-mails from her personal account. Was that true?
1701
1702	COMEY: That’s a harder one to answer. We found traces of work- related e-mails in — on devices or in slack space. Whether they were deleted or whether when the server was changed out something happened to them. There’s no doubt that the work-related e-mails that were removed electronically from the e-mail system.
1703
1704
1705Comey also said Clinton's lawyers "didn't read" all of Clinton's emails and "just looked at the headings," then when pressed changes his story to "I don’t know whether they read them at the time:"
1706
1707
1708http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
1709	CHAFFETZ: I asked you at the very beginning, does Hillary Clinton, is there a reasonable expectation that Hillary Clinton would send and receive if not day — hourly if not daily, classified information. That’s reasonable to think that the Secretary of State would get classified information every moment. She’s not the head of Fish and Wildlife so the idea that she would turn over her e-mails, her system, her server to, what it sounds like, up to ten people without security clearances and there’s no consequence. So why not do it again?
1710
1711	COMEY: That’s a question I don’t think you should put to me, you’re asking — I’m talking about my criminal investigation.
1712
1713	CHAFFETZ: But how can that — there’s no intent there, does she not understand that these people don’t have security clearances?
1714
1715	COMEY: Surely she understands at least some of them don’t have security clearances.
1716
1717	CHAFFETZ: So she understands they don’t have security clearances and it’s reasonable to think she’s going to be in (ph) classified information. Is that not intent to provide a non-cleared person access to classified information?
1718
1719	COMEY: You’re mixing it up though. I don’t think it’s reasonable to assume — mixing me up, sorry, not your fault — that someone who is maintaining your server is reading your e-mails, in fact I don’t think that’s the case here. There’s a separate thing which is when she is engaging counsel (ph) to comply with the State Department’s request, are her lawyers then exposed information that may be on there that’s classified, so…
1720
1721	CHAFFETZ: And did they see any classified information? Did Hillary Clinton’s attorneys, without security clearances, see classified information?
1722
1723	COMEY: As (ph) I sit here, I don’t know the answer to that.
1724
1725	CHAFFETZ: It has to be yes Director, you came across 110 and they said they went through all of them.
1726
1727	COMEY: Well, they didn’t read them all they just looked at headings (ph)…
1728
1729	CHAFFETZ: So their excuse is we saw the e-mails but we didn’t read them?
1730
1731	COMEY: You know I think I said this in my statement on Tuesday, they sorted the e-mails by using headers and search terms to try and find work related e-mails, we read them all.
1732
1733	CHAFFETZ: I know that you read them all. Do you think it’s reasonable or unreasonable to think that her attorneys, under her director, did or did not read those e-mails? Because there were — let me go back to this, yes or no, were there or were there not classified e-mails that her — that Hillary Clinton’s attorneys read?
1734
1735	COMEY: I don’t know whether they read them at the time.
1736
1737	CHAFFETZ: They — did Hillary Clinton give non-cleared people access to classified information?
1738
1739	COMEY: Yes. Yes.
1740
1741	CHAFFETZ: What do you think her intent was?
1742
1743	COMEY: I think then was to get good legal representation and to make the production to the State Department. That can be a very tall order, in that circumstance (ph) I don’t see the evidence there to make a case that she was acting with criminal intent in her engagement with her lawyers.
1744
1745	CHAFFETZ: And I’d just — I guess I read criminal intent as the idea that you allow somebody without a security clearance access to classified information. Everybody knows that Director, everybody knows that. 
1746
1747
1748But Clinton's lawyers told the FBI that they read some of the emails individually, didn't have security clearances, and that they knew they were in possession of Top Secret classified information:
1749
1750
1751https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2004%20of%2010/view
1752	pg 39
1753
1754	On August 17, 2015, KATHERINE M. TURNER, Partner at the law offices of Williams & Connolly LLP ... met at her place of employment with agents of the FBI to discuss voluntarily turning over six (6) laptop computers known to contain Top Secret classified information.
1755
1756	...TURNER acknowledged that these laptops contain Top Secret email communications
1757
1758	...[REDACTED] admitted that the computer in his possession has been connected to the Internet on numerous occasions subsequent to being loaded with the classified email communications of HILLARY CLINTON.
1759
1760	...Both [REDACTED] and TURNER admitted that the emails contained on these laptops had been viewed by attorneys who did not have a security clearance at the time they reviewed the material. TURNER said the emails did not contain classification markers and thus they were not aware that they were classified at the time.
1761
1762
1763Clinton had reason to believe there was classified information on her server. Even still, she gave people without a security clearance access to this information (and with an expectation that they would access this information), which is a felony. Comey said this is OK because Clinton's "intent" was "to get good legal representation and to make the production to the State Department," which "can be a very tall order, in that circumstance."
1764
1765That Clinton chose to use a convoluted, legally risky, and ultimately inadequate method for turning over her work-related emails could also be used to argue that Clinton intended to hide federal records on her email server from the public. There are other reasons to suspect this was Clinton's intent.
1766
1767The Clinton Foundation had come under scrutiny for some unusual patterns in its donations and lapses in transparency. Clinton had stepped down from her foundation, but her husband had not. When confronted with this, Clinton dodged the question and defended her foundation's conduct.
1768
1769
1770Claim #4: The Clinton Foundation had "overwhelming disclosure:"
1771
1772
1773http://edition.cnn.com/TRANSCRIPTS/1606/08/acd.01.html
1774	COOPER: ...The foundation has obviously, raised huge sums of money for worthy causes. It's always not been transparent though. Tens of millions come from a Canadian partnership whose donors remain secret. There was a large donation from Algeria that wasn't submitted to State Department for approval. If you're president, will your husband divest himself of any association with the foundation? 
1775
1776	CLINTON: Well, Anderson, we'll cross that bridge if and when we come to it, but let me try to set the record straight. We had absolutely overwhelming disclosure. Were there one or two instances that slipped through the cracks, yes. But was the overwhelming amount of anything that anybody gave the foundation disclosed, absolutely. 
1777
1778
1779http://media.washingtonpost.com/wp-srv/politics/documents/memorandum_of_understanding_clinton.pdf
1780	WHEREAS, the Parties also seek to ensure that the activities of the Foundation, however beneficial, do not create conflicts or the appearance of conflicts for Senator Clinton as Secretary of State.
1781
1782	WHEREAS the Parties have agreed to a set of protocols that would apply to the Foundation's activities to supplement any existing State Department protocols for managing conflicts of interests, and the appearance of conflicts of interest, as determined by the State Department's designated agency ethics official
1783
1784	WHEREAS, the Parties seek to memorialize the mutually agreeable protocols related to the activities of the Foundation during the period in which Senator Hillary Clinton Serves in the Obama Administration.
1785
1786	NOW, THEREFORE, it is hereby agreed as follows: 
1787
1788	...Publication of Foundation Contributors. In anticipation of Senator Clinton's nomination and confirmation as Secretary of State, the Foundation will publish its contributors this year. During any service by Senator Clinton as Secretary of State, the Foundation will publish annually the names of new contributors. 
1789
1790
1791http://www.reuters.com/article/us-usa-clinton-donations-idUSKBN0MF2FQ20150319
1792	Exclusive: Despite Hillary Clinton promise, charity did not disclose donors
1793
1794 	In 2008, Hillary Clinton promised Barack Obama, the president-elect, there would be no mystery about who was giving money to her family's globe-circling charities. She made a pledge to publish all the donors on an annual basis to ease concerns that as secretary of state she could be vulnerable to accusations of foreign influence.
1795
1796	At the outset, the Clinton Foundation did indeed publish what they said was a complete list of the names of more than 200,000 donors and has continued to update it. But in a breach of the pledge, the charity's flagship health program, which spends more than all of the other foundation initiatives put together, stopped making the annual disclosure in 2010, Reuters has found.
1797
1798	In response to questions from Reuters, officials at the Clinton Health Access Initiative (CHAI) and the foundation confirmed no complete list of donors to the Clintons' charities has been published since 2010. CHAI was spun off as a separate legal entity that year, but the officials acknowledged it still remains subject to the same disclosure agreement as the foundation.  
1799
1800	The finding could renew scrutiny of Clinton's promises of transparency as she prepares to launch her widely expected bid for the White House in the coming weeks.
1801
1802	...The State Department said it was unable to cite any instances of its officials reviewing or approving new money from any foreign governments. Daley confirmed that none of the seven government donations had been submitted to the State Department for review.
1803
1804
1805http://thehill.com/homenews/campaign/293507-seven-ways-the-clinton-foundation-failed-to-meet-its-transparency-promises
1806	Seven ways the Clinton Foundation failed to meet its transparency promises
1807
1808
1809https://www.washingtonpost.com/politics/foreign-governments-gave-millions-to-foundation-while-clinton-was-at-state-dept/2015/02/25/31937c1e-bc3f-11e4-8668-4e7ba8439ca6_story.html
1810	In one instance, foundation officials acknowledged they should have sought approval in 2010 from the State Department ethics office, as required by the agreement for new government donors, before accepting a $500,000 donation from the Algerian government.
1811
1812	The money was given to assist with earthquake relief in Haiti, the foundation said. At the time, Algeria, which has sought a closer relationship with Washington, was spending heavily to lobby the State Department on human rights issues.
1813
1814	While the foundation has disclosed foreign-government donors for years, it has not previously detailed the donations that were accepted during Clinton’s four-year stint at the State Department.
1815
1816
1817http://www.npr.org/sections/itsallpolitics/2015/05/19/407981227/after-a-month-the-7-questions-hillary-clinton-answered-from-the-media
1818	"Secretary Clinton, do you regret the way that the Clinton foundation handled foreign donations when you were secretary of state? And your opponents say that the foreign donations and private emails are examples of the Clintons having one set of rules for themselves and one for everyone else. Do they have a point?"
1819
1820	Clinton: "I am so proud of the foundation. I'm proud of the work that it has done and it is doing. It attracted donations from people, organizations from around the world and I think that just goes to show that people are very supportive of the lifesaving and life-changing work it's done here at home and elsewhere.
1821
1822	"And I'll let the American people make their own judgments about that."
1823
1824
1825http://www.reuters.com/article/us-usa-election-foundation-idUSKBN12Z2SL
1826	Clinton's charity confirms Qatar's $1 million gift while she was at State Dept
1827
1828	Clinton signed an ethics agreement governing her family's globe-straddling foundation in order to become secretary of state in 2009. The agreement was designed to increase transparency to avoid appearances that U.S. foreign policy could be swayed by wealthy donors.
1829
1830	If a new foreign government wished to donate or if an existing foreign-government donor, such as Qatar, wanted to "increase materially" its support of ongoing programs, Clinton promised that the State Department's ethics official would be notified and given a chance to raise any concerns.
1831
1832	Clinton Foundation officials last month declined to confirm the Qatar donation.
1833
1834	...Foundation officials told Reuters last year that they did not always comply with central provisions of the agreement with President Barack Obama's administration, blaming oversights in some cases.
1835
1836	At least eight other countries besides Qatar gave new or increased funding to the foundation, in most cases to fund its health project, without the State Department being informed, according to foundation and agency records. They include Algeria, which gave for the first time in 2010, and the United Kingdom, which nearly tripled its support for the foundation's health project to $11.2 million between 2009 and 2012.
1837
1838
1839http://www.reuters.com/article/us-usa-election-clinton-taxes-exclusive-idUSKBN0NE0CA20150423
1840	Hillary Clinton's family's charities are refiling at least five annual tax returns after a Reuters review found errors in how they reported donations from governments, and said they may audit other Clinton Foundation returns in case of other errors.
1841
1842	...The charities' errors generally take the form of under-reporting or over-reporting, by millions of dollars, donations from foreign governments, or in other instances omitting to break out government donations entirely when reporting revenue, the charities confirmed to Reuters.
1843
1844	...The unsettled numbers on the tax returns are not evidence of wrongdoing but tend to undermine the 990s role as a form of public accountability, experts in charity law and transparency advocates told Reuters.
1845
1846
1847http://www.nytimes.com/2009/01/13/us/politics/13text-clinton.html
1848	CLINTON: ...My husband doesn't take a salary. He has no financial interests in any of this. I don't take a salary. I have no financial interests. So out of that abundance of caution and a desire to avoid even the appearance, the president-elect's transition team began working with the foundation to try to craft an agreement that would avoid the appearance of a conflict but would also ensure that the foundation can continue its work.
1849
1850
1851https://www.usatoday.com/story/news/politics/onpolitics/2016/10/27/memo-shows-bill-clintons-wealth-tied-clinton-foundation/92842822/
1852	Doug Band, a long-time aide to Bill Clinton, wrote the 2011 memo as part of an internal audit at the Clinton Foundation. In trying to explain his role in the Foundation, Band also brought up a series of instances he and his consulting company, Teneo Holdings, helped Bill Clinton secure for-profit contracts.
1853
1854	The memo, which was being circulated to some in Clinton's inner circle including Podesta, reinforces Republican criticisms of the blurred lines between the foundation and professional interests of the Clintons and their associates.
1855
1856	“Independent of our fundraising and decision-making activities on behalf of the Foundation, we have dedicated ourselves to helping the President secure and engage in for-profit activities — including speeches, books, and advisory service engagements," Band wrote. "In that context, we have in effect served as agents, lawyers, managers and implementers to secure speaking, business and advisory service deals. In support of the President’s for-profit activity, we also have solicited and obtained, as appropriate, in-kind services for the President and his family — for personal travel, hospitality, vacation and the like.”
1857
1858	At one point, Band even referred to the former president’s money-making enterprises as “Bill Clinton, Inc.”
1859
1860
1861http://www.nytimes.com/2015/04/24/us/cash-flowed-to-clinton-foundation-as-russians-pressed-for-control-of-uranium-company.html
1862	Cash Flowed to Clinton Foundation Amid Russian Uranium Deal
1863
1864	Before Mrs. Clinton could assume her post as secretary of state, the White House demanded that she sign a memorandum of understanding placing limits on the activities of her husband’s foundation. To avoid the perception of conflicts of interest, beyond the ban on foreign government donations, the foundation was required to publicly disclose all contributors.
1865
1866	To judge from those disclosures — which list the contributions in ranges rather than precise amounts — the only Uranium One official to give to the Clinton Foundation was Mr. Telfer, the chairman, and the amount was relatively small: no more than $250,000, and that was in 2007, before talk of a Rosatom deal began percolating.
1867
1868	But a review of tax records in Canada, where Mr. Telfer has a family charity called the Fernwood Foundation, shows that he donated millions of dollars more, during and after the critical time when the foreign investment committee was reviewing his deal with the Russians. With the Russians offering a special dividend, shareholders like Mr. Telfer stood to profit.
1869
1870
1871http://abcnews.go.com/Politics/hillary-clinton-republicans-talking/story?id=30455226
1872	Q: Secretary Clinton your reaction please to these book allegations--did foreign entities receive any special treatment from making any kind of donations to the Clinton Foundation or your husband?
1873
1874	CLINTON: Well, we're back into the political season, and therefore we will be subjected to all kinds of distractions and attacks, and I'm ready for that. I know that that comes, unfortunately, with the territory. It is, um, I think worth noting that uh, the Republicans seem to be, uh, talking only about me. I don't know what they'd talk about if I weren't in the race
1875
1876
1877http://www.nytimes.com/2015/04/24/us/cash-flowed-to-clinton-foundation-as-russians-pressed-for-control-of-uranium-company.html
1878	...And shortly after the Russians announced their intention to acquire a majority stake in Uranium One, Mr. Clinton received $500,000 for a Moscow speech from a Russian investment bank with links to the Kremlin that was promoting Uranium One stock.
1879
1880
1881http://www.nytimes.com/2009/01/13/us/politics/13text-clinton.html
1882	CLINTON:  ...In this particular case, the Office of Government Ethics and the career ethics officials at the State Department have looked at the rules and concluded there is not an inherent conflict of interest in any of my husband's work at all.
1883
1884	However, the foundation and the president-elect decided to go beyond what the law and the ethics rules call for to address even the appearance of conflict and that is why they signed a memorandum of understanding, which outlines the voluntary steps that the foundation is taking to address potential concerns that might come up down the road.
1885
1886
1887http://www.nytimes.com/2009/01/13/us/politics/13text-clinton.html
1888	...Uranium One began to snap up companies with assets in the United States. 
1889	
1890	...Still, the company’s story was hardly front-page news in the United States — until early 2008, in the midst of Mrs. Clinton’s failed presidential campaign, when The Times published an article revealing the 2005 trip’s link to Mr. Giustra’s Kazakhstan mining deal. It also reported that several months later, Mr. Giustra had donated $31.3 million to Mr. Clinton’s foundation.
1891
1892	...When ARMZ, an arm of Rosatom, took its first 17 percent stake in Uranium One in 2009, the two parties signed an agreement, found in securities filings, to seek the foreign investment committee’s review. But it was the 2010 deal, giving the Russians a controlling 51 percent stake, that set off alarm bells. 
1893
1894	...Senator John Barrasso, a Republican from Wyoming, where Uranium One’s largest American operation was, wrote to President Obama, saying the deal “would give the Russian government control over a sizable portion of America’s uranium production capacity.”
1895
1896	...Uranium One’s shareholders were also alarmed, and were “afraid of Rosatom as a Russian state giant”
1897
1898	...Two months later, the deal giving ARMZ a controlling stake in Uranium One was submitted to the Committee on Foreign Investment in the United States for review. Because of the secrecy surrounding the process, it is hard to know whether the participants weighed the desire to improve bilateral relations against the potential risks of allowing the Russian government control over the biggest uranium producer in the United States. The deal was ultimately approved in October, following what two people involved in securing the approval said had been a relatively smooth process.
1899
1900
1901http://edition.cnn.com/TRANSCRIPTS/1606/08/acd.01.html
1902	COOPER: But some big donors clearly want the association with you or your husband that they linked to the foundation gives them. As president, obviously, it's vital that you and your husband not to appear to be in any way compromised. So I guess have you considered the idea of him stepping down?
1903
1904	CLINTON: Again, I'm not going to consider anything until we see what the circumstances are. But let me just point out that people give lots of money to presidential campaigns, don't they?
1905
1906	...COOPER: Out on the campaign trail, one of the things you said several weeks ago is your husband might be put in charge of revitalizing the economy. Is that something you're seriously looking at, a position for him in that regard?
1907
1908	CLINTON: Well, I'm looking for his good advice and his extraordinary understanding of what we've got to do to help distressed communities...
1909
1910	...So he has a wealth of experience and I'm looking forward to tapping into that and finding out what we can do...
1911
1912
1913http://abcnews.go.com/Politics/bill-clinton-sought-state-department-paid-speeches-related/story?id=33369277
1914	Bill Clinton Sought State Department OK For Paid Speeches Related to North Korea, Congo, New E-mails Show
1915
1916 	...The catch? The dictators of Congo and the Democratic Republic of the Congo would both be attending -- and required photos with Bill Clinton. The speaking fee? A whopping $650,000. 
1917
1918
1919http://abcnews.go.com/Politics/fobs-hillarys-state-dept-gave-special-attention-friends/story?id=42615379
1920	'FOBs': How Hillary's State Dept. Gave Special Attention to 'Friends of Bill' After Haiti Quake
1921
1922 	In a series of candid email exchanges with top Clinton Foundation officials during the hours after the massive 2010 Haiti earthquake, a senior aide to Secretary of State Hillary Clinton repeatedly gave special attention to those identified by the abbreviations “FOB” (friends of Bill Clinton) or “WJC VIPs” (William Jefferson Clinton VIPs).
1923
1924	“Need you to flag when people are friends of WJC,” wrote Caitlin Klevorick, then a senior State Department official who was juggling incoming offers of assistance being funneled to the State Department by the Clinton Foundation. “Most I can probably ID but not all.” 
1925
1926 	“Is this a FOB!” Klevorick writes later, when a Clinton Foundation aide forwards a woman’s offer of medical supplies. “If not, she should go to cidi.org,” she adds, directing the person deemed not to be a Clinton friend to a general government website. 
1927
1928	...However noble the motives of the officials working to get supplies into Haiti after the 2010 earthquake, numerous messages show a senior aide to then–Secretary of State Hillary Clinton coordinating with a Clinton Foundation official to identify FOBs. The Clintons have said repeatedly that the State Department never gave favorable treatment to foundation supporters in Haiti or anywhere else.
1929
1930	“Nothing was ever done for anybody because they were contributors to the foundation,” Bill Clinton told CBS News’ Charlie Rose in September. “Nothing.” 
1931
1932
1933https://apnews.com/82df550e1ec646098b434f7d5771f625/many-donors-clinton-foundation-met-her-state
1934	Many donors to Clinton Foundation met with her at State
1935
1936	More than half the people outside the government who met with Hillary Clinton while she was secretary of state gave money — either personally or through companies or groups — to the Clinton Foundation. It’s an extraordinary proportion indicating her possible ethics challenges if elected president.
1937
1938	At least 85 of 154 people from private interests who met or had phone conversations scheduled with Clinton while she led the State Department donated to her family charity or pledged commitments to its international programs, according to a review of State Department calendars released so far to The Associated Press. Combined, the 85 donors contributed as much as $156 million. At least 40 donated more than $100,000 each, and 20 gave more than $1 million.
1939
1940	Donors who were granted time with Clinton included an internationally known economist who asked for her help as the Bangladesh government pressured him to resign from a nonprofit bank he ran; a Wall Street executive who sought Clinton’s help with a visa problem; and Estee Lauder executives who were listed as meeting with Clinton while her department worked with the firm’s corporate charity to counter gender-based violence in South Africa.
1941
1942	The meetings between the Democratic presidential nominee and foundation donors do not appear to violate legal agreements Clinton and former president Bill Clinton signed before she joined the State Department in 2009. But the frequency of the overlaps shows the intermingling of access and donations, and fuels perceptions that giving the foundation money was a price of admission for face time with Clinton. Her calendars and emails released as recently as this week describe scores of contacts she and her top aides had with foundation donors.
1943
1944
1945http://www.nytimes.com/2009/01/13/us/politics/13text-clinton.html
1946	CLINTON: Well, again, this is an agreement that has been worked out between all of the parties and the fact is that the concerns that were raised in the discussions between the foundation and the president-elect's team were thoroughly discussed and they believe, and I agree, that the transparency and disclosure that is needed, which, as you said yourself, it goes beyond any kind of legal or ethical consideration.
1947
1948	And not only that, there will be ongoing -- there will be ongoing reviews by anything that is brought to the attention of the career professionals.
1949
1950	But I just have to go back, Senator, and try to set the record straight. [Clinton Global Initiative] is not in the memorandum of understanding because they already have a practice of disclosing all of their contributions. There is no need to require it.
1951
1952	I will certainly state here that they're going to continue the practice which they've already done.
1953
1954
1955https://apnews.com/82df550e1ec646098b434f7d5771f625/many-donors-clinton-foundation-met-her-state
1956	...American affiliates of his nonprofit Grameen Bank had been working with the Clinton Foundation’s Clinton Global Initiative programs as early as 2005, pledging millions of dollars in microloans for the poor. Grameen America, the bank’s nonprofit U.S. flagship, which Yunus chairs, has given between $100,000 and $250,000 to the foundation
1957
1958	...“Please see if the issues of Grameen Bank can be raised in a friendly way,” he asked Verveer. Yunus sent “regards to H” and cited an upcoming Clinton Global Initiative event he planned to attend.
1959
1960	...Clinton ordered an aide: “Give to EAP rep,” referring the problem to the agency’s top east Asia expert.
1961
1962	...In another case, Clinton was host at a September 2009 breakfast meeting at the New York Stock Exchange that listed Blackstone Group chairman Stephen Schwarzman as one of the attendees. Schwarzman’s firm is a major Clinton Foundation donor, but he personally donates heavily to GOP candidates and causes. One day after the breakfast, according to Clinton emails, the State Department was working on a visa issue at Schwarzman’s request. In December that same year, Schwarzman’s wife, Christine, sat at Clinton’s table during the Kennedy Center Honors. Clinton also introduced Schwarzman, then chairman of the Kennedy Center, before he spoke.
1963
1964
1965https://vault.fbi.gov/hillary-r.-clinton/Hillary%20R.%20Clinton%20Part%2003%20of%2010/view
1966	pg 174
1967
1968	[REDACTED] was interviewed by Special Agent (SA) [REDACTED] and SA [REDACTED] at the Central Intelligence Agency (CIA)
1969
1970	...[REDACTED] concluded the interview by stating that DOS has shown an increased tendency to communicate via email. He believed that they did this for simplicity, to avoid unauthorized disclosures such as Wikileaks, and to prevent other USG partners from seeing their "back channel" discussions.
1971
1972
1973https://www.nytimes.com/2016/08/30/opinion/cutting-ties-to-the-clinton-foundation.html
1974	Cutting Ties to the Clinton Foundation
1975
1976	When Mrs. Clinton became secretary of state, the Obama administration tried to draw a line between the foundation, particularly its foreign-government sponsors, and her role. The new emails underscore that this effort was at best partly successful. “Pay-to-play” charges by Donald Trump have not been proved. But the emails and previous reporting suggest Mr. Trump has reason to say that while Mrs. Clinton was secretary, it was hard to tell where the foundation ended and the State Department began.
1977
1978	Mrs. Clinton became involved in State Department deals and negotiations that also involved foundation donors or board members. She prompted multiple investigations with an arrangement that allowed Huma Abedin, her deputy chief of staff at the State Department and now vice chairwoman of her campaign, to be paid simultaneously by the State Department, the foundation and Teneo, a consulting firm run by Doug Band, the former adviser to Mr. Clinton who helped create the foundation — and who sent emails to Ms. Abedin seeking favors for foundation donors.
1979
1980	The newly disclosed emails show that some foundation donors and friends, like Crown Prince Salman bin Hamad bin al-Khalifa of Bahrain, used foundation channels to seek access to Mrs. Clinton. 
1981
1982
1983https://www.nytimes.com/2016/09/02/us/politics/emails-raise-new-questions-about-clinton-foundation-ties-to-state-dept.html
1984	Emails Raise New Questions About Clinton Foundation Ties to State Dept.
1985
1986	WASHINGTON — A top aide to Hillary Clinton at the State Department agreed to try to obtain a special diplomatic passport for an adviser to former President Bill Clinton in 2009, according to emails released Thursday, raising new questions about whether people tied to the Clinton Foundation received special access at the department.
1987
1988	The exchange about the passport, between Mr. Band and Huma Abedin, who was then a top State Department aide to Mrs. Clinton, was included in a set of more than 500 pages of emails made public by Judicial Watch, a conservative legal group that sued for their release.
1989
1990	“Need get me/justy and jd dip passports,” Mr. Band wrote to Ms. Abedin on July 27, 2009, referring to passports for himself and two other aides to Mr. Clinton, Justin Cooper and John Davidson.
1991
1992	“We had them years ago but they lapsed and we didn’t bother getting them,” Mr. Band wrote.
1993
1994	Ms. Abedin emailed back six minutes later to say, “OK will figure it out.”
1995
1996	Mr. Band did not explain in the email exchange why he and the others needed the diplomatic passports, and Ms. Abedin did not ask.
1997
1998
1999http://www.cnn.com/2015/08/27/politics/hillary-clinton-state-department-citizens-united/index.html
2000	Group: Emails show Clinton, aides mixed State Department, foundation business
2001
2002
2003http://www.politico.com/story/2016/08/hillary-clinton-emails-state-foundation-226897
2004 	Ethicists: Clinton team violated ‘spirit’ of pledge 
2005
2006	The emails, which Clinton failed to include in the “work-related” cache she turned over to the State Department, show open lines of communication between the old Clinton hands running the family’s multimillion-dollar charity and those who’d moved on to help her run the State Department. The State Department was forced to turn over the emails to Judicial Watch, a conservative watchdog group, in a Freedom of Information Act case. 
2007
2008
2009https://www.washingtonpost.com/opinions/a-porous-ethical-wall-between-the-clinton-foundation-and-the-state-department/2016/08/14/f068899e-60b8-11e6-af8e-54aa2e849447_story.html
2010	A porous ethical wall between the Clinton Foundation and the State Department
2011
2012
2013http://www.mcclatchydc.com/news/politics-government/election/article99388232.html
2014	Ethics wall between State, Clinton Foundation didn’t extend to staff
2015
2016	An official at the Clinton Global Initiative sent top State Department aide Melanne Verveer a 63-page list of individuals, groups and companies that had pledged money to its programs.
2017
2018	An employee at another Clinton Foundation offshoot emailed Verveer looking for a job for a former colleague.
2019
2020	Yet another asked whether Verveer could persuade Myanmar’s internationally acclaimed leader, Aung San Suu Kyi, to attend an event.
2021
2022	Verveer, a longtime Hillary Clinton confidante who served as her chief of staff at the White House before becoming ambassador at large for global women’s issues, was in regular contact with Clinton Foundation officials during her four years at the State Department, according to dozens of emails.
2023
2024	...While Clinton had signed an ethics agreement to largely remove herself from issues involving her family’s foundation after she became the nation’s top diplomat in 2009, the document did not apply to her aides at the State Department.
2025
2026	...“I'm . . . scratching my head about why people inside the State Department didn't think it was a good idea to insulate senior officials and their staff from any Clinton Foundation activities,” said Scott Amey, general counsel for the Project on Government Oversight. “Restrictions applied to Hillary, but those restrictions should have applied to other officials too.”
2027
2028	...The emails show the close, friendly relations between State Department and Clinton Foundation officials, providing a level of access that other groups undoubtedly wished they had with the administration.
2029
2030
2031http://www.cnn.com/2016/08/11/politics/hillary-clinton-cgi-cheryl-mills/index.html
2032	A top aide to Hillary Clinton at the State Department traveled to New York to interview job candidates for a top job at the Clinton Foundation, a CNN investigation has found.
2033
2034	The fact that the aide, Cheryl Mills, was taking part in such a high level task for the Clinton foundation while also working as chief of staff for the secretary of state raises new questions about the blurred lines that have dogged the Clintons in recent years.
2035
2036	...E-mails obtained through the Freedom of Information Act and released by the conservative watchdog group Judicial Watch this week raise new questions about the intermingling of Clinton Foundation business, its donors and employees under Hillary Clinton's control as a public servant. They suggest Foundation officials had no problem trying to curry favor for jobs by emailing top Clinton aides like Mills and Huma Abedin, who is now a senior adviser to Clinton's presidential campaign.
2037
2038
2039http://www.reuters.com/article/us-usa-election-clinton-teneo-idUSKCN0SV05M20151106
2040	The Republican-led Senate Judiciary Committee has been investigating since 2013 whether Teneo had improper access to the highest levels of U.S. government while Clinton, the favorite to become the Democratic Party's presidential nominee, was secretary of state. 
2041
2042	...Founders and other workers at Teneo have also worked for the Clintons, the State Department, the Clinton Foundation or a combination of the three. Teneo describes itself as "a global advisory firm that partners exclusively with the CEOs and senior leaders of many of the world’s largest and most complex companies and organizations."
2043
2044	...For a time in 2012 through early 2013, Abedin simultaneously had four overlapping sources of income: the State Department, Teneo, the Clinton Foundation and Clinton's private office.
2045
2046	...Clinton has said she was not directly involved in getting Abedin the waiver, known as special government employee status, which loosens some ethics restrictions that bind full-time government employees.
2047
2048	The special status was created in the 1960s to allow the government to temporarily bring in expertise from the private sector.
2049
2050
2051http://www.politico.com/story/2016/09/mills-immunity-228580
2052	Top Hillary Clinton aide Cheryl Mills received an immunity deal from the Justice Department in the FBI’s investigation into the former secretary of state’s private email server, records shown to Congress revealed Friday, re-injecting the email controversy into the presidential campaign just days before her first debate with Donald Trump.
2053
2054
2055https://www.wsj.com/articles/laptop-may-include-thousands-of-emails-linked-to-hillary-clintons-private-server-1477854957
2056
2057https://www.msn.com/en-us/news/politics/fbi-in-internal-feud-over-clinton-probe/ar-AAjCtQu
2058	FBI in Internal Feud Over Hillary Clinton Probe
2059
2060	New details show that senior law-enforcement officials repeatedly voiced skepticism of the strength of the evidence in a bureau investigation of the Clinton Foundation, sought to condense what was at times a sprawling cross-country effort, and, according to some people familiar with the matter, told agents to limit their pursuit of the case. The probe of the foundation began more than a year ago to determine whether financial crimes or influence peddling occurred related to the charity. 
2061
2062	Some investigators grew frustrated, viewing FBI leadership as uninterested in probing the charity, these people said. Others involved disagreed sharply, defending FBI bosses and saying Mr. McCabe in particular was caught between an increasingly acrimonious fight for control between the Justice Department and FBI agents pursuing the Clinton Foundation case.
2063
2064	It isn’t unusual for field agents to favor a more aggressive approach than supervisors and prosecutors think is merited. But the internal debates about the Clinton Foundation show the high stakes when such disagreements occur surrounding someone who is running for president.
2065
2066	The Wall Street Journal reported last week that Mr. McCabe’s wife, Jill McCabe, received $467,500 in campaign funds in late 2015 from the political-action committee of Virginia Gov. Terry McAuliffe, a longtime ally of the Clintons and, until he was elected governor in November 2013, a Clinton Foundation board member.
2067
2068	...other Clinton-related investigations were under way within the FBI, and they have been the subject of internal debate for months, according to people familiar with the matter.
2069
2070	Early this year, four FBI field offices—New York, Los Angeles, Washington and Little Rock, Ark.—were collecting information about the Clinton Foundation to see if there was evidence of financial crimes or influence-peddling, according to people familiar with the matter.
2071
2072	...In February, FBI officials made a presentation to the Justice Department, according to these people. By all accounts, the meeting didn’t go well.
2073
2074	Some said that is because the FBI didn’t present compelling evidence to justify more aggressive pursuit of the Clinton Foundation, and that the career anticorruption prosecutors in the room simply believed it wasn’t a very strong case. Others said that from the start, the Justice Department officials were stern, icy and dismissive of the case.
2075
2076	“That was one of the weirdest meetings I’ve ever been to,” one participant told others afterward, according to people familiar with the matter.
2077
2078	Anticorruption prosecutors at the Justice Department told the FBI at the meeting they wouldn’t authorize more aggressive investigative techniques, such as subpoenas, formal witness interviews, or grand-jury activity. But the FBI officials believed they were well within their authority to pursue the leads and methods already under way, these people said.
2079
2080	...Others, particularly Justice Department anticorruption prosecutors, felt that both probes were weak, based largely on publicly available information, and had found little that would merit expanded investigative authority.
2081
2082	...In September, agents on the foundation case asked to see the emails contained on nongovernment laptops that had been searched as part of the Clinton email case, but that request was rejected by prosecutors at the Eastern District of New York, in Brooklyn. Those emails were given to the FBI based on grants of partial immunity and limited-use agreements, meaning agents could only use them for the purpose of investigating possible mishandling of classified information.
2083
2084
2085https://judiciary.house.gov/wp-content/uploads/2016/09/114-91_22125.pdf
2086	Mr. MARINO. ...was there additional immunity for Ms. Mills stating that anything on that computer cannot be used against her?
2087
2088	Mr. COMEY. As I recall it, Congressman, the act-of-production immunity for Ms. Mills was: You give us this computer; we will not use—we, the Justice Department—anything we find on the computer directly against you in connection with investigation or prosecution for mishandling of classified information. I think that is how they defined it.
2089
2090	Mr. MARINO. But that goes beyond act of production. Doesn’t act of production simply state that I am the agent, I can’t get on the stand and say that belongs to that individual because they simply gave it to me? It sounds like more, additional immunity was given that says: And what is on this we cannot hold against you.
2091
2092	Mr. COMEY. Well, I think of it as—I still think of it as an act- of-production immunity. From my experience, that is what I would characterize that agreement.
2093
2094	...Mr. MARINO. ...Why not empanel and investigative grand jury whereby you have reasonable suspicion that a crime may have been committed, and then you have the ability to get warrants, subpoenas, get this information, subpoena witnesses before the grand jury under oath ...wouldn't that have been much simpler and more effective than the way this has gone about? ...
2095
2096	Mr. COMEY. Yeah. No, it is a reasonable  question. And I don’t want to talk about grand jury in connection with this case or any other case—— 
2097
2098	...Mr.MARINO. I understand that clearly. Why did you not decide to go to an investigative grand jury? It would have been cleaner, it would have been much simpler, and you would have had more authority to make these witnesses testify—not the target, but the witness testify. That seems the way to go, Director. We have done it thousands of times. This just was too convoluted. 
2099
2100	Mr .COMEY. Yeah, again, I need to steer clear of talking about grand jury use in a particular matter. In general, in my experience, you can often do things faster with informal agreements, especially when you are interacting with lawyers. In this particular investigation, the investigative team really wanted to get access to the laptops that were used to sort these emails. 
2101
2102	Mr.MARINO. Okay. When was—— 
2103
2104	Mr. COMEY. Those are lawyers’ laptops. That is a very complicated thing. I think they were able to navigate it pretty well to get us access. 
2105
2106
2107https://judiciary.house.gov/wp-content/uploads/2016/09/114-91_22125.pdf
2108	Ms. JACKSONLEE. ...I understand that the FBI does not make the final call on immunity agreements. That was the DOJ. You made that clear. ...But did you consult closely with DOJ before these immunity agreements were concluded by giving—by having facts?
2109
2110	Mr. COMEY. Right. Our job is to tell them what facts we would like to get access to. The prosecutor’s job is figure out how to do that. And so they negotiate—I think there were five limited immunity agreements of different kinds that they negotiated.
2111
2112	Ms. JACKSONLEE. Did you or anyone at the FBI ever object to these decisions to grant immunity? Did you think they made sense?
2113
2114	Mr. COMEY. No. It was fairly ordinary stuff.
2115
2116	Ms. JACKSONLEE. Was the FBI or DOJ handing out immunity agreements like candy?
2117
2118	Mr. COMEY. That is not how I saw it. I didn’t see it—— 
2119
2120
2121https://www.msn.com/en-us/news/politics/fbi-in-internal-feud-over-clinton-probe/ar-AAjCtQu
2122	Some FBI agents were dissatisfied with that answer, and asked for permission to make a similar request to federal prosecutors in Manhattan, according to people familiar with the matter. Mr. McCabe, these people said, told them no and added that they couldn’t “go prosecutor-shopping.”
2123
2124	Not long after that discussion, FBI agents informed the bureau’s leaders about the Weiner laptop, prompting Mr. Comey’s disclosure to Congress and setting off the furor that promises to consume the final days of a tumultuous campaign.
2125
2126
2127https://www.bloomberg.com/news/articles/2016-06-22/clinton-foundation-said-to-be-breached-by-russian-hackers
2128	Clinton Foundation Said to Be Breached by Russian Hackers
2129
2130
2131http://www.nytimes.com/2009/01/13/us/politics/13text-clinton.html
2132	LUGAR: ...President Clinton is deservedly proud of the Clinton Foundation's good work in addressing HIV/AIDS, global poverty, climate change, and other pressing problems.
2133
2134	But the Clinton Foundation exists as a temptation for any foreign entity or government that believes it could curry favor through a donation. It also sets up potential perception problems with any action taken by the secretary of state in relation to foreign givers or their countries.
2135
2136	The nature of the secretary of state post makes recusal from specific policy decisions almost impossible, since even localized U.S. foreign policy activities can ripple across countries and continents. Every new foreign donation that is accepted by the foundation comes with the risk it will be connected in the global media to a proximate State Department policy or decision.
2137
2138	Foreign perceptions are incredibly important to United States foreign policy, and mistaken impressions or suspicions can deeply affect the actions of foreign governments toward the United States. Moreover, we do not want our own government's deliberations distracted by avoidable controversies played out in the media.
2139
2140	The bottom line is that even well-intentioned foreign donations carry risks for United States foreign policy. The only certain way to eliminate this risk going forward is for the Clinton foundation to forswear new foreign contributions when Senator Clinton becomes secretary of state.
2141
2142	...CLINTON: ...I can absolutely guarantee you that I will keep a very close look on how this is being implemented. I will certainly do everything in my power to make sure that the good work of the foundation continues without there being any untoward effects on me and my service and be very conscious of any questions that are raised.
2143
2144	But I think that the way that this has been hammered out is probably as close as we can get to doing something that is so unprecedented that there is no formula for it. And we've tried to do the very best we could.
2145
2146	LUGAR: Well, my time is concluded. But let me just say that the situation is unprecedented when a first lady and her distinguished husband and a foundation come together with a State Department hearing of this sort.
2147
2148	I am hopeful that, as we go through the history of this, that people will not say, well, Senator Lugar, Senator Kerry, and others were pressing it. They saw the problems. And we'll get full credit, but that will not be helpful to our foreign policy, to you, to your husband, to the foundation.
2149
2150	This is why I plea for you, really, to give even more consideration -- it may not be a decision made today because I appreciate the negotiations have been sizeable. And you are a good negotiator and so is your husband. So are those who have worked for you. I admire that. It's a good things for a State Department official and, particularly, the secretary of state.
2151
2152	But this seems to me to be so important at the outset. This is why I've dwelled upon it, trying your patience and that of the committee, because I think it is very important. And I think you understand that.
2153
2154	CLINTON: I do. And I respect you so much, Senator. And I can, you know, certainly guarantee to you that I will remain very sensitive to this and I will work with you and the chairman as we go forward.
2155
2156	LUGAR: Thank you.
2157
2158	CLINTON: Thank you, Mr. Chairman.
2159
2160
2161Before she was sworn-in, Clinton was sternly warned of the risks involved in accepting foreign donations to the Clinton Foundation as Secretary of State. To address this, Clinton signed a memorandum of understanding with the Obama Administration promising to disclose foreign donations to the State Department and avoid conflicts of interest or "the appearance of conflicts of interest."
2162
2163Clinton failed to disclose foreign donations multiple times. There is a pattern of Clinton giving preferential treatment at the State Department to donors to her foundation, "friends" of her Husband, and foreign governments who paid her husband exorbitant speaking fees. Clinton failed to avoid the appearance of conflict of interest. She broke her promise to the Senate, the Obama administration, and the public.
2164
2165Clinton promised "overwhelming disclosure" for the Clinton Foundation, but if the Clinton Foundation was subject to overwhelming disclosure, it was only because of FOIA requests of Clinton's work-related emails (http://www.judicialwatch.org/wp-content/uploads/2015/05/Abedin-Complaint-File-Stamped.pdf). Clinton's state department and foundation overlapped in employees, communications, and business, and it has been said it was "hard to tell where the foundation ended and the State Department began."
2166
2167Because some of the federal records on Clinton's private server gave the appearance of a conflict of interest and a violation of Clinton's agreement with the Obama administration, Clinton had an incentive to conceal these records. Reportedly, the conduct at the Clinton Foundation was enough to open an FBI investigation into the foundation, further adding to the incentive to conceal. In her public statements, Clinton said her foundation went "beyond what the law and the ethics rules call for to address even the appearance of conflict," but it is inconceivable that Clinton did not recognize the emails she wrote as Secretary of State and the business she conducted as director of the Clinton Foundation created the appearance of a conflict of interest.
2168
2169But, apparently, Comey did not take this into account either when he decided there was insufficient "evidence of intent" to indict Clinton:
2170
2171
2172http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
2173	CHAFFETZ: Was the Clinton Foundation tied into this investigation?
2174
2175	COMEY: Yeah I’m not going to answer that.
2176
2177
2178Reportedly, the unusual immunity agreements granted by the Justice Department during the Clinton email investigation hindered the FBI's investigation of the Clinton Foundation. It is unclear why Comey defended these immunity agreements and dodged the question when asked to testify why he didn't instead empanel a grand jury.
2179
2180
2181Ultimately, even if Comey's intent requirement is to be followed, there is evidence that Clinton had a guilty conscience, especially from her public statements. But Comey says he didn't review Clinton's statements before his recommendation to not indict:
2182
2183
2184http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
2185	WALKER: ...can you help me understand why didn’t it rise to your investigation or someone bringing that to your knowledge as far as saying this is a problem, here she is, again, Secretary Clinton lying under oath specifically about our investigation?
2186
2187	COMEY: We out of respect for the legislative branch being a separate branch, we do not commence investigations that focus on activities before Congress without Congress asking us...
2188
2189	...CHAFFETZ: You did not look at testimony that Hillary Clinton gave in the United State Congress, both the House and the Senate.
2190
2191	...Did you review and look at those transcripts as to the intent of your recommendation.
2192
2193	COMEY: I’m sure my folks did. I did not.
2194
2195
2196Comey said his "folks" reviewed her statements, but he didn't meet with all of his agents before his recommendation: 
2197
2198
2199http://www.thompsontimeline.com/congressional-testimony-of-fbi-director-james-comey/
2200	MICA: ...But all of the agents, did they meet with you and then is that the group that said that we all vote to not recommend prosecution?
2201
2202	COMEY: I did not meet with all of the agents. I’ve met with — I guess I’ve — I’ve met with all of them…
2203
2204
2205But isn't this irresponsible? It sounds like Comey went off on his own with his recommendation without reviewing all the facts important to the case.
2206
2207In addition to being trained and experienced in the identification and handling of classified information, Clinton is a trained and experienced lawyer. It looks like she was using the "idiot defense" in her public statements and FBI interview:
2208
2209
2210https://en.wikipedia.org/wiki/Idiot_defense
2211	The idiot defense is a satirical term for a legal strategy where a defendant claims innocence by virtue of having been ignorant of facts of which the defendant would normally be expected to be aware. Other terms used for this tactic include "dumb CEO defense", "dummy defense", "ostrich defense", "Ken Lay defense", and "Sergeant Schultz defense".
2212
2213	The term was popularized as a result of a number of high-profile corporate accounting scandal defendants claiming that all wrongdoing was performed by others, without the defendant's knowledge or consent. Attorneys for these defendants claimed that their skill was in valuation and deal-making, and that they lacked the training to recognize fraudulent accounting practices they claimed that they would have needed. However, in many cases the defendants' subordinates testified that the defendants ordered them to falsify the accounts.
2214
2215	No major instances of the idiot defense being successful in criminal proceedings have been reported in American jurism to date.
2216
2217
2218When she told the FBI that "(C)" is just marking paragraphs in alphabetical order, she destroyed her own defense by making it obvious she was playing dumb (among other ways). But Comey went along with her defense in his testimony to Congress, even inserting an "intent" requirement that appears to be necessary for her defense to work in the first place. Someone who's trusted with single-handedly making a major decision about Clinton's prosecution shouldn't sound like her defense. On top of that, Comey didn't review  Clinton's public statements or confer with all of his agents before his recommendation not to indict. Comey was extremely careless in making his decision.
2219
2220
2221https://pastebin.com/DcaAZrmE