ATTACKS:
Attack: #1: Christie: Hillary Clinton lied when “she said there was no marked classified information on her server.” “Lets face it: Hillary Clinton cared more about protecting her own secrets than she did about protecting America’s secrets. Then she lied about it over and over again. She said there was no marked classified information on her server.”
Attack: #2: Christie: Clinton lied when “She said that she did not email any classified information.”
THE TRUTH:
FBI Director Comey testified that three documents in question were not properly marked if they were meant to indicate classified information. “Second, Director Comey testified that the classification markings on these three documents were not proper and did not comply with federal guidelines or manuals. The emails did not have classified headers, and they did not identify the original classifier, agency, office of origin, reason for classification, or date for declassification. Instead, they had only a ‘c’ for ‘confidential’ next to a paragraph further down in the email. Third, Director Comey testified that, based on these facts, it would be a ‘reasonable inference’ fore Secretary Clinton to have ‘immediately’ concluded that these documents were not classified.” [Rep. Cummings letter to Rep. Chaffetz, 7/7/16]
FBI Director Comey testified that the improperly marked emails could be reasonably judged as not classified. “MATT CARTWRIGHT: If Secretary Clinton were an expert about what’s classified and not classified and we’re following the manual, the absence of a header would tell her immediately that those three documents were not classified. Am I correct in that? COMEY: That would be a reasonable inference.” [FBI Director James Comey Testimony before the House Committee on Oversight and Government Reform, 7/7/16]
FBI Director Comey: There was not evidence to show “that she knew she was receiving classified information.” “I do not believe there’s evidence beyond a reasonable doubt that she knew she was receiving classified information in violation of the requirements… She did in fact — there is, in my view, not evidence beyond certainly probable cause. There’s not evidence beyond a reasonable doubt that she knew she was receiving classified information or that she intended to retain it on her server.” [FBI Director James Comey Testimony before the House Committee on Oversight and Government Reform, 7/7/16]
FBI Director Comey said there was not evidence to show that “she knew she was sending classified information” or that she was doing so with intent. “But on Thursday, his careful explanation that the FBI ‘did not find evidence sufficient to establish that she knew she was sending classified information beyond a reasonable doubt to meet the intent standard’ brought them a measure of relief.” [Politico, 7/7/16]
]]>LIE: Lt. Gen. Michael Flynn: “If I did a tenth of what she did, I would be in jail today.”
THE TRUTH: FBI Director Comey: “There’s all kinds of folks watching this at home or being told, ‘well, lots of other cases are being prosecuted and she wasn’t.’ I want them to know that’s not true!” “COMEY: When I talked to the Chairman, I agreed to come because I think the American people care deeply about this. There’s all kinds of folks watching this at home or being told, ‘well, lots of other cases are being prosecuted and she wasn’t.’ I want them to know that’s not true! I want to have this conversation. I welcome the opportunity. Look, it’s a pain. I have had to go to the bathroom for about an hour but is…” [FBI Director James Comey Testimony before the House Committee on Oversight and Government Reform, 7/7/16]
]]>THE TRUTH: “FBI Director James Comey told lawmakers on Thursday that Democratic presidential candidate Hillary Clinton did not lie to the FBI about her handling of emails as secretary of state and did not break the law.” “FBI Director James Comey told lawmakers on Thursday that Democratic presidential candidate Hillary Clinton did not lie to the FBI about her handling of emails as secretary of state and did not break the law. Comey told a Republican-led oversight panel in the U.S. House of Representatives that no reasonable prosecutor would charge Clinton with a crime over her use of private email servers while she was secretary of state, some of which were used to transmit classified information.” [Reuters, 7/7/16]
The House Oversight and Government Reform Committee held a hearing today with FBI Director James Comey in an effort to extend the conversation about Hillary Clinton’s email use, even after the case has been closed.
Read some of the reaction:
]]>Jason Chaffetz has his personal gmail address on his business card. “Hillary Clinton isn’t the only official who uses a non-government email address. A business card obtained by ABC News shows that Rep. Jason Chaffetz, R-Utah, lists his Gmail address on his official House card. After it was revealed on Tuesday that former Secretary of State Hillary Clinton conducted all of her government business from personal email accounts, personal email has been the topic du jour, and Chaffetz is at the forefront. Chaffetz, who chairs the House Oversight and Government Reform Committee, announced Tuesday that his panel would join in an investigation of Clinton’s email use. ‘Violations of the Federal Records Act within federal agencies is something we take very seriously,’ Chaffetz said Tuesday in a statement. ‘The House Oversight Committee will work with [Rep. Trey] Gowdy and the Select Committee on Benghazi to further explore Hillary Clinton’s use of personal emails while at the State Department.’ Chaffetz told ABC News that his business card was not paid for with government funds and that Congress is not subject to the Federal Records Act. He said that he uses both a Gmail account and a government email account.”
The House Oversight Committee Republicans, during a hearing on the attacks on the U.S. compound in Benghazi, Libya on September 11, 2012, revealed classified information.
“Gowdy appears to accidentally release CIA source’s name”
Sen. Grassley suggested “political interference” in its investigation should prompt the FBI “to leak” information to damage Hillary Clinton politically. “A hypothetical leak could occur, he said, if officials believed Clinton was not being prosecuted for political reasons. ‘Is there going to be political interference? If there’s enough evidence to prosecute, will there be political interference?’ the Iowa senator asked during a meeting on Friday with the Des Moines A.M. Rotary club, according to a report in the Des Moines Register. ‘And if there’s political interference, then I assume that somebody in the FBI is going to leak these reports and it’s either going to have an effect politically or it’s going to lead to prosecution if there’s enough evidence,’ he said.”
In March, Grassley suggested that the FBI could leak information if the investigation did not lead to an indictment and embarrass the administration. “GRASSLEY: Well, here’s what I think you got to start with, first of all Comey’s got a tenured term. Secondly, you’ve got to realize that in a Bush administration he was asked to do something that he thought was on illegal or unconstitutional and he decided to resign, so I think he’s got a good reputation. The FBI’s got a good reputation. And if they give enough evidence that she ought to be indicted and she’s not indicted then I think something’s going to be leaked from the FBI and the administration’s going to be embarrassed.”
During a February town hall, Grassley stated his belief that “you’re going to get something leaked about how bad she may have been” if the Department of Justice fails to prosecute Clinton. “Let’s suppose that for political reasons they don’t want to do it [prosecute Clinton] even if there’s a lot of stuff against her, but this isn’t made public then you don’t know. But it seems to me that you’re going to get something leaked about how bad she may have been or may turn out to be and then there will be political pressure to prosecute. Or in the meantime, you could have a situation where the Attorney General would say it’s too politically hot, I’m going to appoint a special counsel. And then you put it off for another, I don’t know how long.”
Sen. Harry Reid: “It’s wrong for any senator…to urge a selective leaking of any federal investigation.” “It’s wrong for any senator, especially the chairman of the Judiciary Committee, who deals with these issues day after day, to urge a selective leaking of any federal investigation. The FBI isn’t in the business of disclosing information to appease political operatives.”
A story by the Associated Press from today left the incredibly misleading impression that during a legal proceeding, an aide to Hillary Clinton said that Clinton didn’t want her emails related to State Department business accessible to “anybody.”
But the aide, Huma Abedin, repeatedly made clear that she was referring to Clinton’s PERSONAL emails:
Other news outlets covering Abedin’s comments pointed out the obvious: Abedin was referring to Clinton’s desire to keep her PERSONAL emails private.
And, this distinction has been pointed out before:
Politico Headline: “Clinton expressed worries about exposure of personal emails at State Dept.”
And Abedin’s characterization is completely in line with what Hillary Clinton has said recently:
Clinton: “Well, nobody wants their personal emails made public. That is, I think, a very common, if not unanimous, feeling among people.”
OIG Report did not find any successful breaches of her system.
However, I think it’s important to underscore that the OIG itself says that this report is not a report on the security of any secretary’s email systems, including Secretary Clinton’s. There are no findings about the security of Secretary Clinton’s email system. The hacking email that is referenced includes language to the effect that the hack was not successful. That’s just from the email that it cited. But beyond that there’s no finding one way or the other about the security.
However, I think it’s important to underscore that the OIG itself says that this report is not a report on the security of any secretary’s email systems, including Secretary Clinton’s. There are no findings about the security of Secretary Clinton’s email system. The hacking email that is referenced includes language to the effect that the hack was not successful. That’s just from the email that it cited. But beyond that there’s no finding one way or the other about the security.
FBI investigation into Guccifer found no sign he breached Clinton’s server.
However, I think it’s important to underscore that the OIG itself says that this report is not a report on the security of any secretary’s email systems, including Secretary Clinton’s. There are no findings about the security of Secretary Clinton’s email system. The hacking email that is referenced includes language to the effect that the hack was not successful. That’s just from the email that it cited. But beyond that there’s no finding one way or the other about the security.
“OIG discovered anecdotal examples suggesting that Department staff have used personal email accounts to conduct official business, with wide variations among Secretaries and their immediate staff members. For instance, OIG reviewed the Department email accounts (.pst files) of senior Department employees who served on the immediate staffs of Secretary Powell and Secretary Rice between 2001 and 2008. Within these accounts, OIG identified more than 90 Department employees who periodically used personal email accounts to conduct official business, though OIG could not quantify the frequency of this use.” [State Department Inspector General Report, “Office of the Secretary: Evaluation of Email Records Management and Cybersecurity Requirements,” May 2016, pg 19]
“OIG searched selected hard-copy records from her tenure and did not find any evidence to indicate that Secretary Albright used either Department or personal email accounts during that period.” [pg. 20]
“During Secretary Powell’s tenure, the Department introduced for the first time unclassified desktop email and access to the Internet on a system known as OpenNet, which remains in use to this day. Secretary Powell did not employ a Department email account, even after OpenNet’s introduction.” [pg. 21]
“Secretary Rice and her representative advised the Department and OIG that the Secretary did not use either personal or Department email accounts for official business.” [pg. 22]
“Secretary Kerry uses a Department email account on OpenNet and stated that, while he has used a personal email account to conduct official business, he has done so infrequently.” [pg. 25]
“OIG did find evidence that various staff and senior officials throughout the Department had discussions related to the Secretary’s use of non-Departmental systems, suggesting there was some awareness of Secretary Clinton’s practices.” [“Evaluation of Email Records Management and Cybersecurity Requirements,” State OIG, pg. 38]
“Department implemented a mandatory annual requirement for all Department computer users to take Cybersecurity Awareness training.” [pg. 59]
“Beginning in 2009, the Cyber Threat Analysis Division (CTAD) in DS issued regular notices to Department computer users highlighting cybersecurity threats. CTAD notices addressed BlackBerry security vulnerabilities, citing this device as a weak link in a computer network. CTAD warned that BlackBerry devices must be configured in accordance with Department security guidelines.” [pg. 59]
“DS cybersecurity staff conducted two cybersecurity briefings of S/ES staff, the Secretary’s immediate staff, and Bureau of Public Affairs staff in April and May 2011.” [pg. 34]
“On June 28, 2011, the Department, in a cable entitled ‘Securing Personal E-mail Accounts’ that was approved by the Assistant Secretary for Diplomatic Security and sent over Secretary Clinton’s name to all diplomatic and consular posts…’” [pg. 34]
“In December 2014, in response to Department requests, Secretary Clinton produced to the Department from her personal email account approximately 55,000 hard-copy pages, representing approximately 30,000 emails that she believed related to official business.” [pg. 23]
“NARA agrees with the foregoing assessment but told OIG that Secretary Clinton’s production of 55,000 pages of emails mitigated her failure to properly preserve emails that qualified as Federal records during her tenure and to surrender such records upon her departure.” [pg. 23]
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