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An Extremely Careless Threat To

National Security
CLINTON IS HEADING INTO ELECTION DAY UNDER THE CLOUD OF THE FBI
INVESTIGATION INTO HER SECRET SERVER THAT HAS DOGGED HER ENTIRE
CAMPAIGN
On Friday, October 28, 2016, The FBI Director James Comey Sent A 166-Word Statement To
Congress About New Emails Discovered That Are Potentially Relevant To The Clinton Email
Investigation. Never in modern history has the F.B.I. been so enmeshed in a presidential race. With a
vague 166-word statement to Congress, the F.B.I. sent jolts through the campaign, leaving many voters
puzzling over what to make of a case involving national security secrets, a disgraced congressman, racy
text messages and a dispute among the countrys top law enforcement officers. (Michael Schmidt, And Matt Apuzzo,
10 Questions (And Answers) About New Email Trove, The New York Times, 10/30/16)

Comey Felt An Obligation To Inform Congress, Since He Had Previously Told Lawmakers The
Investigation Had Been Completed. The official said that Comey, once informed of the find, felt an
obligation to inform Congress, since he had previously told lawmakers the investigation had been
completed. (Rosalind Helderman, Matt Zapotosky and Sari Horwitz, Computer Seized In Weiner Probe Prompts FBI To Take New Steps In Clinton
Email Inquiry, The Washington Post, 10/28/16)

These Emails Are Not Duplicates Of Emails Found On Clintons Private Server, But New Emails
Never Before Seen By The Bureau. These emails, CBS News Andres Triay reports, are not duplicates
of emails found on Secretary Clintons private server. At this point, however, it remains to be seen
whether these emails are significant to the FBIs investigation into Clinton. It is also not known how many
relevant emails there are. (FBI Finds Emails Related To Hillary Clintons State Department Tenure, CBS News, 11/3/16)
Team Clinton Is In The Dark About What These Newly Uncovered Emails Could Reveal. CBS
News correspondent Errol Barnett reports that with early voting in battleground states already
underway and only 10 days until the election this latest move by the FBI has Clinton and her aides on
defense. They are in the dark about what these newly uncovered emails could reveal. (Hillary Clinton Campaign
On Defense After FBI Reopens Email Case, CBS News, 10/29/16)

Clinton Allies Worry That Clintons Secret Server Has Finally Caught Up To Her And Might Imperil
Her Presidential Bid... And they worried that Clintons unconventional email arrangement had finally
caught up to her and might imperil her presidential bid less than two weeks before Election Day. (Amie
Marnes, Johnathan Easley, Anger, Disbelief In Clinton Camp, The Hill, 10/28/16)

Potentially Pertinent Emails To Clintons FBI Investigation Were Discovered While The FBI
Was Searching For Child Pornography On A Laptop Used By Anthony Weiner And Longtime
Clinton Aide Huma Abedin
The FBI Started Investigating Anthony Wiener In September 2016 After He Was Accused Of
Sexting With A 15 Year Old High School Girl. The FBI and the New York Police Department have
opened preliminary investigations of allegations that the former New York Democratic congressman
exchanged sexually explicit text messages with a purportedly underage girl. Spokespersons for the US
Attorney's Office in Manhattan and the FBI declined to comment. The allegations first surfaced in the
Daily Mail. The online sexting relationship allegedly went on for months between Weiner and a girl
claiming to be just 15. The Daily Mail reported she said he sent her numerous photos, one of him in a pool
and at least one bare-chested. (Shimon Prokupecz, Evan Perez And Tom LoBianco, US Attorney Investigating Weiner Sexting Allegations,
CNN, 9/22/16)

The Wall Street Journal Reported That The Laptop Discovered Has 650,000 Emails On It, Many Of
Which Were From The Accounts of Ms. Abedin. The latest development began in early October
when New York-based FBI officials notified Andrew McCabe, the bureaus second-in-command, that
while investigating Mr. Weiner for possibly sending sexually charged messages to a minor, they had
recovered a laptop with 650,000 emails. Many, they said, were from the accounts of Ms. Abedin,
according to people familiar with the matter. (Devlin Barrett, FBI In Internal Feud Over Hillary Clinton Probe, The Wall Street Journal,
10/30/16)

The New York Times Reported That Although FBI Agents Discovered Hundreds Of
Thousands Of Ms. Abedins Emails On Her Husbands Computer Investigators Only Have
Probably Cause To Search A Portion Of The Total. A federal law enforcement official said
agents had discovered hundreds of thousands of Ms. Abedins emails on her husbands computer,
but investigators expected to seize only a portion of the total. Agents will have probable cause to
search only the messages related to the Clinton investigation. (Matt Apuzzo, Michael Schmidt, And Adam Goldman,
Justice Department Obtains Warrant To Review Clinton Aides Emails, The New York Times, 10/30/16)

The FBI Was Searching Weiners Computer For Child Pornography, But Their Warrant Didnt Give
FBI Investigators Authority To Search For Matters Related To Clintons Emails. The FBI had
searched the computer while looking for child pornography, people familiar with the matter said, but the
warrant they used didnt give them authority to search for matters related to Mrs. Clintons email
arrangement at the State Department. Mr. Weiner has denied sending explicit or indecent messages to
the teenager. (Devlin Barrett, FBI In Internal Feud Over Hillary Clinton Probe, The Wall Street Journal, 10/30/16)

THIS SUMMER, COMEY DELIVERED BLOW AFTER BLOW TO CLINTONS JUDGEMENT,

BRANDING HER MISHANDLING OF CLASSIFIED MATERIAL EXTREMELY CARELESS
FBI Director James Comey Said Clinton And Her Aides Were Extremely Careless In Their
Handling Of Classified Information. FBI DIRECTOR JAMES COMEY: There is evidence that they were
extremely careless in their handling of very sensitive, highly classified information. For example, seven email chains concern matters that were classified at the Top Secret/Special Access Program level when
they were sent and received. These chains involved Secretary Clinton both sending e-mails about those
matters and receiving e-mails from others about the same matters. There is evidence to support a
conclusion that any reasonable person in Secretary Clintons position, or in the position of those
government employees with whom she was corresponding about these matters, should have known that
an unclassified system was no place for that conversation. In addition to this highly sensitive information,
we also found information that was properly classified as Secret by the U.S. Intelligence Community at the
time it was discussed on e-mail (that is, excluding the later up-classified e-mails). None of these e-mails
should have been on any kind of unclassified system, but their presence is especially concerning because
all of these e-mails were housed on unclassified personal servers not even supported by full-time security
staff, like those found at Departments and Agencies of the U.S. Governmentor even with a commercial
service like Gmail. (FBI Director James Comey, Remarks, Washington, D.C., 7/5/16)

Click To Watch
The FBI Director Said That If Someone Did What Clinton Did At The FBI They Could Be Terminated
And Lose Their Clearance. REPRESENTATIVE JASON CHAFFETZ (R-UT): If Hillary Clinton of if anybody
had worked at the FBI under this fact pattern, what would you do to that person? FBI DIRECTOR JAMES
COMEY: There would be a security review and an adjudication of their suitability, and a range of
discipline could be imposed, from termination to reprimand, and in between suspensions, loss of
clearance, so you could be walked out, and depending on the nature of the facts, you could be
reprimanded, but there is a robust process to handle that. (House Oversight & Government Reform Committee, U.S. House Of

Representatives, Hearing, 7/7/16)

Click To Watch
Comey Said That Clintons Server Gave Non-Cleared Individuals Access To Classified Information.
REPRESETNATIVE JASON CHAFFETZ (R-UT): Did Hillary Clinton give non-cleared people access to
classified information? FBI DIRECTOR COMEY: Yes. (House Oversight & Government Reform Committee, U.S. House Of
Representatives, Hearing, 7/7/16)

Click To Watch
Comey Said That Clinton Knew She Did Not Have Authority To Have Secret Server In Her
Basement. REPRESENTATIVE KEN BUCK (R-CO): What this statute does say is knowing removes such
materials without authority. Is it fair that she knew that she didnt have authority to have this server in
her basement. FBI DIRECTOR JAMES COMEY: Yes, thats true. (House Oversight & Government Reform Committee, U.S.
House Of Representatives, Hearing, 7/7/16)

Click To Watch
Comey Said Clintons Lawyers Did Not Read Individual Emails Before Deleting Them And Had
Devices Wiped To Avoid Forensic Recovery. FBI DIRECTOR JAMES COMEY: The lawyers doing the
sorting for Secretary Clinton in 2014 did not individually read the content of all of her e-mails as we did
for those available to us. Instead, they relied on header information and used search terms to try to find
all work-related e-mails among the reportedly more than 60,000 that were remaining on her system at
the end of 2014. It's highly likely that their search missed some work-related e-mails and that we later
found them. For example, in the mail boxes of other officials or in the slack space of a server. It's also
likely that there are other work-related e-mails they did not produce to state and that we did not find
elsewhere and that are now gone because they deleted all e-mails they did not produce to state, and the
lawyers then cleaned their devices in such a way as to preclude complete forensic recovery.(FBI Director James
Comey, Remarks, Washington, D.C., 7/5/16)

Click To Watch
Comey Said That It Is Possible That Hostile Actors Gained Access" To Clinton's Server. FBI
DIRECTOR JAMES COMEY: Given the nature of the system and of the actors potentially involved, we
assess that we would be unlikely to see such direct evidence. We do assess that hostile actors gained
access to the private commercial e-mail accounts of people with whom Secretary Clinton was in regular
contact from her personal account. We also assess that Secretary Clintons use of a personal e-mail
domain was both known by a large number of people and readily apparent. She also used her personal email extensively while outside the United States, including sending and receiving work-related e-mails in
the territory of sophisticated adversaries. Given that combination of factors, we assess it is possible that
hostile actors gained access to Secretary Clintons personal e-mail account. (James Comey, Remarks, Washington, DC
7/5/16)


Click To Watch
Comey Said That There Was Information That Was Marked Classified On Clintons Server.
REPRESENTATIVE TREY GOWDY (R-SC): Secretary Clinton said she never sent or received classified
information over her private e-mail. Was that true? FBI DIRECTOR JAMES COMEY: Our investigation
found GOWDY: So it was not true? COMEY: That's what I said. GOWDY: Okay. Well, I'm looking for
a shorter answer so you and I are not here quite as long. Secretary Clinton said there was not anything
marked COMEY: That's not true. There were a small number of portion markings on I think three of
the documents. GOWDY: Secretary Clinton said I did not e-mail any classified material to anyone on my
e-mail, there is no classified material. That was true? COMEY: There was classified e-mail. GOWDY:
Secretary Clinton said she used just one device. Was that true? COMEY: She used multiple devices
during the four years of her term as Secretary of State. GOWDY: Secretary Clinton said all work-related
e-mails were returned to the State Department. COMEY: No. GOWDY: Was that true? COMEY: We
found thousands that were not returned. GOWDY: Secretary Clinton said neither she nor anyone else
deleted work related e-mails from her personal account. Was that true? COMEY: That's a harder one to
answer. We found traces of work related e-mails in -- on devices or slack space. Whether they were
deleted or a 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. GOWDY: Secretary Clinton
said her lawyers read every one of the e-mails and were overly inclusive. Did her lawyers read the e-mail
content individually? COMEY: No. (House Oversight & Government Reform Committee, U.S. House Of Representatives, Hearing, 7/7/16)

Click To Watch

CLINTON HAS LIED REPEATEDLY ABOUT HER SECRET SERVER

LIE #1: Clintons Claim That Her Secret Server Was Permitted Has Been Proven False By
Multiple Fact Checkers
Clinton Continues To Claim She Did Nothing Wrong, Claiming It Was Permitted, My Predecessors
Had Engaged In A Similar Practice. ABCS GEORGE STEPHANOPOULOS: Finally on his matter, a few
months back you told my colleague David Muir that it was a mistake to set up this private server. Yet this
just Monday, you said that there was no error in judgment. How do you square the two statements?
CLINTON: Well look as Ive said many times, it was permitted, my predecessors had engaged in a similar
practice. It was not the best choice or I wouldnt be here talking to you about it. Id be talking about what
the people of Iowa are talking to me about, about affordable healthcare and jobs and rising wages and all
of the concerns that are on their minds and be you know really able to answer their questions as I have
been now for so many months. (ABCs This Week, 1/31/16)

Click To Watch
Clinton Said That No One Had To Sign Off On Her Private Server Because It Was Allowed. CNNS
JAKE TAPPER: And you said it was allowed, too. CLINTON: Yes, it was. TAPPER: Who allowed it?
CLINTON: It was allowed under the rules of the State Department. And, again TAPPER: So nobody
signed off on it? CLINTON: No, it was allowed. You know, one of my predecessors did the same
thing. Others in our government have done the same thing at very high levels because the rules did
change after I left state department. But at the time and in prior years the rules allowed it. (The Lead With Jake
Tapper, CNN, 10/16/15)

Click To Watch
When Clinton Said Her Secret Server Was Allowed By The State Department, She Only Reveals
Part Of The Story. Hillary Clinton directly addressed questions in recent interviews about her

exclusive use of a personal email account and server to conduct government business as secretary of
state. But her answers only reveal part of the story: Clinton said her personal email account was allowed
by the State Department. It was permitted if work emails were preserved. Federal rules required Clinton
to preserve work emails before she left office, but she did not turn over her emails until 21 months after
she left office. (Eugene Kelly, More Spin On Clinton Emails, FactCheck, 9/8/15)
Clintons Decision To Use A Secret Server Flouted State Department Procedures In reality,
Clintons decision to use a private e-mail system for official business was highly unusual and flouted State
Department procedures, even if not expressly prohibited by law at the time. Moreover, while she claims
everything I did was permitted, she appears to have not complied with the requirement to turn over her
business-related e-mails before she left government service. Thats a major misstep that she has not
acknowledged. (Glenn Kessler, Hillary Clintons Claim That Everything I Did [On Emails] Was Permitted, The Washington Posts Fact Checker,
7/9/15)
The Narrow And Technical Grounds That Clinton Uses To Justify Her Case, Is Not The Same As
Actually Complying With Existing Rules She appears to be arguing her case on narrow, technical
grounds, but thats not the same as actually complying with existing rules as virtually everyone
else understood them. (Glenn Kessler, Hillary Clintons Claim That Everything I Did [On Emails] Was Permitted, The Washington Posts Fact
Checker, 7/9/15)

Clintons Careful Wording Surrounding Her Secret Server Implies That No One Stopped Her, But
Thats Not The Same Thing As Lawfully Complying With Rules. Metcalfe pointed to Clintons use of
the word allowed and opted throughout a press conference in March about her private email. He said
both words give the false impression that the law and its proper implementation presented her with a
choice. She might have been allowed to use only a private email account in that no one stopped her,
Metcalfe said, but thats not the same thing as lawfully complying with rules. (Lauren Carroll, At Democratic Debate,
Clinton Said Private Email Use Was Allowed, PolitiFact, 10/16/16)

Clintons Own State Department Released A Long-Awaited Report To Capitol Hill, Which
Provid[ed] Just The Latest Turn In The Headache-Inducing Saga That Has Dogged Clintons
Campaign. The agency on Wednesday released the long-awaited report to Capitol Hill, copy of which
was obtained by POLITICO, providing just the latest turn in the headache-inducing saga that has dogged
Clinton's campaign. (Rachael Bade, Josh Gerstein, and Nick Gass, State Dept: Clinton Violated Email Rules, Politico, 5/25/16)
The Report Specifically Dings Clinton For Her Exclusive Use Of Private Email. While the report
concludes that the agency suffers from longstanding, systemic weaknesses with records that go well
beyond the tenure of any one Secretary of State, it specifically dings Clinton for her exclusive use of
private email. (Rachael Bade, Josh Gerstein, and Nick Gass, State Dept: Clinton Violated Email Rules, Politico, 5/25/16)
The OIG Report Concluded That Clinton Violated The Agencys Email Rules When She Chose To
Exclusively Use A Private Email Server During Her Four Years At State Department And Did Not
Promptly Turn Over Records After She Departed The Agency. The report concluded that Clinton
violated the agencys email rules when she chose to exclusively use a private email server during her four
years at State Department and did not promptly turn over records after she departed the agency. (Rachael
Bade and Josh Gerstein, Clinton Expressed Worries About Exposure Of Personal Emails At State Dept. Politico, 5/25/16)

The State Department Would Have Flatly Denied Clintons Request For A Secret Server If She Had
Sought Permission. The State Departments inspector general sharply criticized Hillary Clintons
exclusive use of a private email server while she was secretary of state, saying she had not sought
permission to use it and would not have received it if she had. (Steven Lee Myers, Hillary Clinton Is Criticized For Private
Emails In State Dept. Review, The New York Times, 5/25/16)

LIE #2: Following The FBIs Announcement, Clinton Lied Claiming They Found Her Answers
To The Public To Be Truthful

Clinton Lied On Her Email Scandal Saying The FBI Said Her Answers Were Truthful. FOX NEWS
CHRIS WALLACE: The e-mails I want to ask about one aspect, what you told the American people.
CLINTON (CLIP): I did not e-mail any classified material to anyone on my e-mail. There is no classified
materials. I am confident that Ii never sent nor received any information that was classified at the time. I
had not sent classified material nor received anything marked classified. WALLACE: After a long
investigation, FBI director James Comey said none of those things that you told the American public were
true. CLINTON: Chris, thats not what I heard Director Comey say, and I thank you for giving me the
opportunity, in my view, clarify. Director Comey said my answers were truthful, and what Ive said is
consistent with what I have told the American people, that there were decisions discussed and made to
classify retroactively certain of the e-mails. I was communicating with over 300 people in my e-mailing.
They certainly did not believe and no reason to believe that what they were sending was classified. In
retrospect, different agencies come in and say, well, it should have been, but thats not what was
happening in real time. WALLACE: But in a congressional hearing on July 7th, Director Comey directly
contradicted what I had told the public. GOWDY (R-SC) (CLIP): Secretary Clinton said there was nothing
marked classified on her e-mails either sent or received. Was that true? COMEY (CLIP): That was not
true. GOWDY (CLIP): Secretary Clinton said I did not send any classified material that was classified
material. Was that true? COMEY (CLIP): There was classified material e-mailed. WALLACE: He directly
contradicted. Not only he directly contradicted what you said, he also said in that hearing that you were
extremely careless and negligent. CLINTON: Well, Chris, I looked at the whole transcript of everything
that was said, and what I believe is, number one, I made a mistake not using two different e-mail
addresses. I have said that and I repeat it again today. It is certainly not anything I would ever do again. I
take classification seriously. I relied on and had every reason to rely on the judgments of the
professionals with whom I worked. And so in retrospect, maybe some people are saying, well, among
those 300 people they made the wrong call. Ted there was no reason in my view to doubt the
professionalism and the determination by the people who work every single day on behalf of our
country. (Fox News Sunday, 7/31/16)

Click To Watch
But Comeys Truthful Description Only Applied To Mrs Clintons Conversations With The FBI,
However Not Her Public Statements. Comey's truthful description only applied to Mrs Clinton's
conversations with the FBI, however - not her public statements. According to the FBI's findings, Mrs
Clinton did indeed send emails that contained information that were classified at the time of transmission
- a few of which contained top secret information. (Anthony Zurcher, Can Hillary Clinton Give A Straight Answer On Emails? BBC,
8/3/16)

The Washington Posts Fact Checker Rating: Four Pinocchios. (Glenn Kessler, Clintons Claim That The FBI Director
Said Her Email Answers Were Truthful, The Washington Posts Fact Checker, 7/31/16)

PolitiFact Rating: Pants On Fire (Hillary Clinton's Wrong Claim That FBI Director Comey Called Her Comments About Email 'Truthful'

by Lauren Carroll, PolitiFact, 8/1/2016)

A Few Days After Her Initial Truthful Remarks, Clinton Doubled Down Saying As The FBI Said,
Everything That Ive Said Publicly Has Been Consistent And Truthful REPORTER: What kind of
stuff was in those emails that he keeps harping on? CLINTON: It was all personal stuff, and weve said
that consistently. And as the FBI said, everything that Ive said publicly has been consistent and truthful
with what Ive told them. (KUSA, 8/3/16)

Click To Watch
For This Answer, Clinton Got A Recidivism Watch From The Washington Posts Fact Checker.
Clinton continues to twist this statement by Comey into a line that suggests the FBI declared that her
public remarks on the email issues were truthful. But Comey repeatedly refused to confirm that when
pressed by lawmakers: Thats a question Im not qualified to answer. I can speak about what she said to
the FBI. (Glenn Kessler, Recidivism Watch: Clintons Repeated Claim That The FBI Said Her Answers Were Truthful, The Washington Posts Fact
Checker, 8/4/16)

Instead Of Apologizing, Clinton Then Spun Her Email Lies, Saying She Short Circuited But That
Her Claims Of Honesty Are Still True. NBCS KRISTEN WELKER: Madam Secretary, your poll numbers
went way up this week, and yet the e-mail controversy was still in headlines. So, I want to give you the
opportunity to respond. This week you told two separate news organizations that FBI Director James
Comey said quote my answers were truthful, and that what I said was consistent with what I have told
the American people, that assertion, as you know, has been debunked by multiple news organizations,
which point out that Director Comey did say there was no indication you lied to the FBI, but he didnt
weigh in on whether or not you were truthful to the American people. So my question for you is are you
mischaracterizing Director Comey's testimony, and is this not undercutting your efforts to rebuild trust
with the American people? CLINTON: Kristen, I appreciate your asking that, because I was pointing out
in both of those instances that Director Comey had said that my answers in my FBI interview were
truthful, thats really the bottom line here. And I have said during the interview and in many other
occasions over the past month that what I told the FBI, which he said was truthful, is consistent with what
I have said publicly. So I may have short-circuited, and for that I will try to clarify, because I think Chris
Wallace and I were talking past each other because, of course, he could only talk to what I had told the
FBI, and I appreciated that. Now, I have acknowledged repeatedly that using two e-mail accounts was a
mistake, and I take responsibility for that. But I do think having him say that my answers to the FBI were
truthful, and then I should quickly add what I said was consistent with what I had said publicly, and that
is really sort of in my view trying to tie both ends together. (Hillary Clinton, Remarks At The NAHJ/NABJ Conference,
Washington, DC, 8/5/16)


Click To Watch

LIE #3: Clinton Has Lied About Previous Secretaries Of State Using A Similar Email Practice
Clinton Continues To Claim She Did Nothing Wrong, Claiming It Was Permitted, My Predecessors
Had Engaged In A Similar Practice. ABCS GEORGE STEPHANOPOULOS: Finally on his matter, a few
months back you told my colleague David Muir that it was a mistake to set up this private server. Yet this
just Monday, you said that there was no error in judgment. How do you square the two statements?
CLINTON: Well look as Ive said many times, it was permitted, my predecessors had engaged in a similar
practice. It was not the best choice or I wouldnt be here talking to you about it. Id be talking about what
the people of Iowa are talking to me about, about affordable healthcare and jobs and rising wages and all
of the concerns that are on their minds and be you know really able to answer their questions as I have
been now for so many months. (ABCs This Week, 1/31/16)

Click To Watch
PolitiFacts Lauren Carroll Noted That Theres A Couple Problems With Clintons Talking Point
That Her State Department Used Email Practices Similar To Hers. Theres a couple problems with
Clintons talking point that her State Department predecessors used email practices similar to hers.
(Lauren Carroll, Hillary Clinton Said My Predecessors Did The Same Thing With Email, PolitiFact, 3/9/16)

PolitiFact Rated Clintons Claim That Her Predecessors Engaged In The Same Email
Practices As Mostly False. (Lauren Carroll, Hillary Clinton Said My Predecessors Did The Same Thing With Email, PolitiFact,
3/9/16)

Most Of Clintons Predecessors Did Not Regularly Use Email. First of all, theres the fact that
most of Clintons predecessors did not regularly use email. Just four former secretaries of state

have held the job during the prominence of electronic communications: Clinton, Condoleezza Rice,
Colin Powell and Madeleine Albright. (Lauren Carroll, Hillary Clinton Said My Predecessors Did The Same Thing With Email,
PolitiFact, 3/9/16)

No Other Secretary Of State Hosted Their Email On A Private Server Located In Their Home.
Like Clinton, Powell used a personal email address. However, theres a big difference: Clinton
hosted her email on a private server located in her home. Powell did not. (Lauren Carroll, Hillary Clinton Said
My Predecessors Did The Same Thing With Email, PolitiFact, 3/9/16)

And Theres A Big Difference Between A Private Account, Which Is Generally Free And
Simple To Start, And A Private Server, Which Requires A More Elaborate Setup. (Lauren Carroll,
Hillary Clinton Said My Predecessors Did The Same Thing With Email, PolitiFact, 3/9/16)

LIE #4: Clinton Lied That There Was Nothing Classified On Her Secret Server
In March 2015 Clinton Said There Is No Classified Material. CLINTON: I did not email any classified
material to anyone on my email. There is no classified material. So Im certainly well-aware of the
classification requirements and did not send classified material. (Hillary Clinton, Press Conference, New York, NY 3/10/15)

Click To Watch
FBI Director: Clinton Sent More Than 100 Emails With Information That Was Classified At The
Time. FBI DIRECTOR JAMES COMEY: From the group of 30,000 e-mails returned to the state department
in 2014, 110 e-mails in 52 e-mail chains have been determined by the owning agency to contain classified
information at the time they were sent or received. Eight of those chains contained information that was
top secret at the time they were sent. 36 of those chains contained secret information at the time. And
eight contained confidential information at the time. That's the lowest level of classification. (FBI Director
James Comey, Remarks, Washington, D.C., 7/5/16)


Click To Watch
The New York Times Headline: Hillary Clinton Email Said To Include Material Exceeding Top
Secret (Mark Mazzetti, Hillary Clinton Email Said To Include Material Exceeding Top Secret, The New York Times, 1/19/16)
Clintons Secret Server Even Contained Intelligence From Special Access Programs (SAP). Hillary
Clinton's emails on her unsecured, homebrew server contained intelligence from the U.S. government's
most secretive and highly classified programs, according to an unclassified letter from a top inspector
general to senior lawmakers. Fox News exclusively obtained the text of the unclassified letter, sent Jan. 14
from Intelligence Community Inspector General I. Charles McCullough III. It laid out the findings of a
recent comprehensive review by intelligence agencies that identified several dozen additional classified
emails -- including specific intelligence known as special access programs (SAP). (Catherine Herridge and Pamela
Browne, Inspector General: Clinton Emails Had Intel From Most Secretive, Classified Programs, Fox News, 1/19/16)

Intelligence From Special Access Programs Is Even More Sensitive Than Intelligence Designated
Top Secret. Intelligence from a special access program, or SAP, is even more sensitive than that
designated as top secret as were two emails identified last summer in a random sample pulled from
Clinton's private server she used as secretary of state. (Catherine Herridge and Pamela Browne, Inspector General: Clinton
Emails Had Intel From Most Secretive, Classified Programs, Fox News, 1/19/16)

SAP Is Restricted To Those With A Need To Know Access, As It Likely Reveals Sources And
Methods Of Intelligence Collection, Or It Exposes A Human Asset. Access to a SAP is
restricted to those with a need-to-know because exposure of the intelligence would likely reveal
the source, putting a method of intelligence collection -- or a human asset -- at risk. (Catherine Herridge
and Pamela Browne, Inspector General: Clinton Emails Had Intel From Most Secretive, Classified Programs, Fox News, 1/19/16)

Clinton Herself Wrote At Least 104 Emails That Contained Classified Information. Hillary Clinton
wrote 104 emails that she sent using her private server while secretary of state that the government has
since said contain classified information, according to a new Washington Post analysis of Clintons
publicly released correspondence. (Rosalind S. Helderman and Tom Hamburger, Clinton, On Her Private Server, Wrote 104 Emails The
Government Says Are Classified, The Washington Post, 3/5/16)

LIE #5: Clinton Lied About The Amount Of Devices She Carried
In March 2015, Clinton Said She Carried Just One Device To Access Her Emails. CLINTON: 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. Looking back, it wouldve been better if Id simply used a
second email account and carried a second phone, but at the time, this didnt seem like an issue. (Hillary
Clinton, Remarks At The United Nations, New York, NY, 3/10/15)


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The FBI Discovered That Clinton Used Several Different Servers And Numerous Mobile Devices
To Send And To Read Email FBI DIRECTOR JAMES COMEY: I have so far used the singular term email server in describing the referral that began our investigation. It turns out to have been more
complicated than that. Secretary Clinton used several different servers and administrators of those
servers during her four years at the State Department, and she also used numerous mobile devices to
send and to read e-mail on that personal domain. As new servers and equipment were employed, older
servers were taken out of service, stored and decommissioned in various ways. (FBI Director James Comey, Remarks,
Washington, D.C., 7/5/16)

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LIE #6: Clinton Lied About The Security Of Her Secret Server
During The March 2015 Press Conference, Clinton Said The Server Had Numerous Safeguards. It
Was On Property Guarded By The Secret Service. There Were No Security Breaches 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. So, I think that the
the use of that server, which started with my husband, certainly proved to be effective and secure. (Hillary
Clinton, Remarks At A Press Conference At The United Nations, New York, NY, 3/10/15)

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Comey Said That It Is Possible That Hostile Actors Gained Access" To Clinton's Server. FBI
DIRECTOR JAMES COMEY: Given the nature of the system and of the actors potentially involved, we
assess that we would be unlikely to see such direct evidence. We do assess that hostile actors gained
access to the private commercial e-mail accounts of people with whom Secretary Clinton was in regular
contact from her personal account. We also assess that Secretary Clintons use of a personal e-mail
domain was both known by a large number of people and readily apparent. She also used her personal email extensively while outside the United States, including sending and receiving work-related e-mails in
the territory of sophisticated adversaries. Given that combination of factors, we assess it is possible that
hostile actors gained access to Secretary Clintons personal e-mail account. (James Comey, Remarks, Washington, DC
7/5/16)

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The State Department Acknowledged The National Security Risk Of Clintons Use Of Her Secret
Server And An Unsecured Blackberry To Transmit Sensitive Discussions Of The Nations Foreign
Policy. But it called into question the security risk of using a private server for what were clearly
sensitive discussions of the nations foreign policy. It noted that Mrs. Clinton sent or received most of the
emails that traversed her serve from a mobile device, her Blackberry. (Steven Lee Myers, Hillary Clinton Is Criticized For
Private Emails In State Dept. Review, The New York Times, 5/25/16)

LIE #7: Clinton Lied About Her Aides Deleting Work-Related Emails From Her Server
Clinton Claimed That The Search Was Thorough And That Neither Her Or Her Aides Deleted
Anything From The Server. QUESTION: Did you or any of your aides delete any government related

emails from your personal account, and what lengths are you willing to go to prove that you didnt, some
people including supporters of yours suggest having an independent arbiter look at your server for
instance? CLINTON: We did not. In fact, my direction to conduct the thorough investigation was to air
on the side of providing anything that could be possibly viewed as work related, that doesnt mean they
will be by the State Department once the State Department goes through them but out of an abundance of
caution and care, we wanted to send that message unequivocally. (Hillary Clinton, Remarks At A Press Conference At The
United Nations, New York, NY, 3/10/15)

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FBI Director: Clintons Lawyers Did Not Read Individual Emails And Had Devices Wiped. FBI
DIRECTOR JAMES COMEY: The lawyers doing the sorting for Secretary Clinton in 2014 did not
individually read the content of all of her e-mails as we did for those available to us. Instead, they relied
on header information and used search terms to try to find all work-related e-mails among the reportedly
more than 60,000 that were remaining on her system at the end of 2014. It's highly likely that their
search missed some work-related e-mails and that we later found them. For example, in the mail boxes of
other officials or in the slack space of a server. It's also likely that there are other work-related e-mails
they did not produce to state and that we did not find elsewhere and that are now gone because they
deleted all e-mails they did not produce to state, and the lawyers then cleaned their devices in such a way
as to preclude complete forensic recovery.(FBI Director James Comey, Remarks, Washington, D.C., 7/5/16)

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In At Least Two Instances, Clintons Aides Used Hammer To Smash Hillary Clintons Old State
Department Devices. Abedin and Hanley indicated the whereabouts of Clinton's devices would

frequently become unknown once she transitioned to a new device. Cooper did recall two instances
where he destroyed Clinton's old mobile devices by breaking them in half or hitting them with a
hammer. (Federal Bureau Of Investigation, Hillary Clinton Interview Notes, Page 9, 8/31/16)

LIE #8: Clinton Lied About Turning Over All Work Related Emails
Clinton Has Claimed She Upheld Her Obligations By Turning Emails Over, At The Departments
Request, Years After She Left Office. CLINTON: 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 workrelated, 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. (Hillary Clinton, Remarks At A Press Conference, New York, NY,
3/10/15)

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Clintons Own State Department Said Clinton Should Have Turned Over All Emails Dealing With
Department Business Upon Her Departure From The Department At A Minimum. At a
minimum, Secretary Clinton should have surrendered all emails dealing with Department business before
leaving government service and, because she did not do so, she did not comply with the Departments
policies that were implemented in accordance with the Federal Records Act. (Office Of The Secretary: Evaluation Of
Email Records Management And Cybersecurity Requirements, U.S. State Department Office Of Inspector General, Pg. 23, 5/25/16)

The State Department OIG Said Instead Of Providing Her Emails Immediately, Clinton
Turned Over Her Emails Nearly Two Years After Leaving The State Department. The report
says she should have printed and saved her emails during her four years in office or surrendered
her work-related correspondence immediately upon stepping down in February 2013. Instead,
Clinton provided those records in December 2014, nearly two years after leaving office. (Rosalind
Helderman and Tom Hamburger, State Dept. Inspector General Report Sharply Criticizes Clintons Email Practices, The Washington Post, 5/25/16)

In The Course Of The FBI Investigation, The Bureau Uncovered An Additional 15,000 Emails That
Clinton Did Not Turn Over. The FBIs year-long investigation of Hillary Clintons private email server

uncovered 15,000 more documents from her time as secretary of state that were not previously disclosed
by her attorneys. The State Department is expected to discuss when and how it will release the emails
Monday morning in federal court. (Spencer Hsu, FBI Uncovers 14,900 More Documents In Clinton Email Probe, The Washington Post,
8/22/16)

The FBI Turned Over Eight Disks Of Information, Some Containing Emails, Attachments And
Classified Documents, Government lawyers disclosed last week that the FBI has turned over
eight computer discs of information: one including emails and attachments that were sent directly
to or from Clinton, or to or from her at some point in an email chain, and were not previously
turned over by her lawyers; a second with classified documents; another with emails returned by
Clinton; and five containing materials from other people retrieved by the FBI. (Spencer Hsu, FBI Uncovers
14,900 More Documents In Clinton Email Probe, The Washington Post, 8/22/16)

The Washington Posts The Fixs Chris Cillizza: The New Emails Raises The Possibility That Clinton
Got Rid Of Lots Of Emails That She Shouldnt Have Via A Process That Was Something Short Of
Transparent. But, the whole thing just makes it harder and harder for Clinton to sell the idea that her
process for sorting emails into professional and private piles was effective. And that raises the possibility
that Clinton got rid of lots of emails that she shouldn't have via a process that was something short of
transparent. (Chris Cillizza, The FBI Found 15,000 Emails Hillary Clinton Didnt Turn Over. Uh Oh. The Washington Posts The Fix, 8/22/16)

LIE #9: Clinton Lied That Her Method Of Preserving Documents Was Appropriate
Clinton Has Claimed That Under The Federal Records Act All Of Her Emails Were Automatically
Preserved While She Was At State Because She Emailed Government Officials On Their
Government Email Accounts. CLINTON: Secondly, under the Federal Records Act, records are defined
as reported information, regardless of its form or characteristics, and in meeting the record keeping
obligations, it was my practice to email government officials on their state or other .gov accounts so that
the emails were immediately captured and preserved. (Hillary Clinton, Press Conference, New York, NY 3/10/15)

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Clintons State Department Said Her Method For Preserving Documents Was Not An Appropriate
Method Of Preserving Any Such Emails That Would Constitute A Federal Record. A federal law
requires the preservation of government records, and Clinton has said that since most of her emails were
sent to people on the State Department system, she was complying. But the audit says that sending
emails from a personal account to other employees at their Department accounts is not an appropriate
method of preserving any such emails that would constitute a federal record. (Ken Dilanian, Clinton Broke Federal
Rules With Email Server, Audit Finds, NBC News, 5/25/16)

The State Department Only Started Automatically Preserving Emails In February, More
Than Two Years After Clinton Left The State Department. The State Department only last

month started automatically preserving dozens of high-level officials emails, according to a

department spokeswoman, a revelation that comes amid the controversy surrounding former
Secretary of State Hillary Clintons own email use. This is key because Clinton, in her news
conference on Tuesday to answer questions about why she exclusively used a private email
address to communicate during her tenure, told reporters shed thought her communications to
senior department officials were always saved. (Kevin Bohn, State Dept. Email Archiving Process Puts Clinton On The
Spot, CNN, 3/14/15)

LIE #10: Clinton Lied About Whether She Knew How To Determine How A Document Was
Classified
In Her Closed Door FBI Interview, Clinton Could Not Give An Example Of How Classification Of A
Document Was Determined. Clinton was aware she was an Original Classification Authority (OCA) at
State. Clinton could not recall how often she used this authority or any training or guidance provided by
State. Clinton could not give an example of how classification of a document was determined. Clinton
stated there was a process at State before she arrived and she relied on the career foreign service
professionals she worked with to appropriately handle and mark classified information. (Federal Bureau Of
Investigation, Hillary Clinton Interview Notes, Page 2, 8/31/16)

In Clintons Closed Door FBI Interview, Clinton Feigned Ignorance When Asked About Marked
Classified Information Found On Her Server, Pondering To Investigators That The Document Was
Marked C For Alphabetical Order. 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 order. (Federal Bureau Of Investigation, Hillary Clinton Interview Notes, Page 8, 8/31/16)

Publicly, In A January 2016 Interview Clinton Went Into Detail About The Different Classification
Systems At The State Department, Talking About How You Are Able To Tell If Something Is
Classified At The Department. CNNS JAKE TAPPER: The Inspector General of the Intelligence
Community said that some of the stuff contained classified information when it was generated, whether
or not it was marked classified 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, we had the unclassified system, so anyone 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, um, display of the very common arguments
that go on between different agencies in our government, this happens (CNNs State Of The Union, 1/29/16)

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Two Days Later, Clinton Discussed How Material Is Deemed Classified, Something That The State
Department Was Very Specific About... CLINTON: Well of course, and that is exactly what I did, I
take classified information very seriously, you know, you cant get information off a classified system in
the State Department to put on to an unclassified system no matter what that system is. We were very
specific about that. And when you receive information, of course, has to be some indication that someone
down the chain had thought that this was classified and that was not the case. (ABCs This Week, 1/31/16)

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In March 2015 Clinton Said She Was Certainly Well-Aware Of The Classification Requirements
CLINTON: I did not email any classified material to anyone on my email. There is no classified material.
So Im certainly well-aware of the classification requirements and did not send classified material. (Hillary
Clinton, Press Conference, New York, NY 3/10/15)

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The Violation Of Rules And Sworn Statements

CLINTONS NON-DISCLOSURE AGREEMENT STATED THAT FEDERAL EMPLOYEES
MUST NOT RETAIN, TRANSMIT OR REMOVE CLASSIFIED INFORMATION
According To Section 7 Of Her Non-Disclosure Agreement (NDA), Clinton Agreed To Return Any Classified
Information She Gained Access To, And Further Agreed That Failure To Do So Could Be Punished Under
Sections 793 And 1924 Of The US Criminal Code. (Hillary Clinton, Classified Information Non-Disclosure Agreement, 1/22/09, State
Department Release, FOIA # F-2015-05069, 11/5/15)

According To 793 Of Title 18 Of The US Code, Anyone Who Willfully Retains, Transmits Or Causes
To Be Transmitted, National Security Information, Can Face Up To Ten Years In Prison. Whoever
having unauthorized possession of, access to, or control over any document, writing, code book, signal
book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or
note relating to the national defense, or information relating to the national defense which information the
possessor has reason to believe could be used to the injury of the United States or to the advantage of any
foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or
transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or
transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to
deliver it to the officer or employee of the United States entitled to receive it; -Shall be fined under this title
or imprisoned not more than ten years, or both. (18 U.S.C. 793(d))

According To 1924 Of Title 18 Of The US Code, Anyone Who Removes Classified Information With
The Intent To Retain Such Documents Or Materials At An Unauthorized Location, Can Face Up To A
Year In Prison. Whoever, being an officer, employee, contractor, or consultant of the United States, and,
by virtue of his office, employment, position, or contract, becomes possessed of documents or materials
containing classified information of the United States, knowingly removes such documents or materials
without authority and with the intent to retain such documents or materials at an unauthorized location
shall be fined under this title or imprisoned for not more than one year, or both. (18 U.S.C. 1924(a))

Clintons Secret Server Retained Highly Classified Information, Exceeding Top Secret

The New York Times Headline: Hillary Clinton Email Said To Include Material Exceeding Top Secret (Mark
Mazzetti, Hillary Clinton Email Said To Include Material Exceeding Top Secret, The New York Times, 1/19/16)
Clintons Secret Server Even Contained Intelligence From Special Access Programs (SAP). Hillary Clinton's
emails on her unsecured, homebrew server contained intelligence from the U.S. government's most secretive and
highly classified programs, according to an unclassified letter from a top inspector general to senior lawmakers.
Fox News exclusively obtained the text of the unclassified letter, sent Jan. 14 from Intelligence Community
Inspector General I. Charles McCullough III. It laid out the findings of a recent comprehensive review by
intelligence agencies that identified several dozen additional classified emails -- including specific intelligence
known as special access programs (SAP). (Catherine Herridge and Pamela Browne, Inspector General: Clinton Emails Had Intel From Most
Secretive, Classified Programs, Fox News, 1/19/16)

Intelligence From Special Access Programs Is Even More Sensitive Than Intelligence Designated Top
Secret. Intelligence from a special access program, or SAP, is even more sensitive than that designated as top
secret as were two emails identified last summer in a random sample pulled from Clinton's private server she
used as secretary of state. (Catherine Herridge and Pamela Browne, Inspector General: Clinton Emails Had Intel From Most Secretive, Classified
Programs, Fox News, 1/19/16)

SAP Is Restricted To Those With A Need To Know Access, As It Likely Reveals Sources And
Methods Of Intelligence Collection, Or It Exposes A Human Asset. Access to a SAP is restricted to those
with a need-to-know because exposure of the intelligence would likely reveal the source, putting a method
of intelligence collection -- or a human asset -- at risk. (Catherine Herridge and Pamela Browne, Inspector General: Clinton
Emails Had Intel From Most Secretive, Classified Programs, Fox News, 1/19/16)

Clinton Herself Wrote 104 Emails That Contained Classified Information. Hillary Clinton wrote 104
emails that she sent using her private server while secretary of state that the government has since said
contain classified information, according to a new Washington Post analysis of Clintons publicly released
correspondence. (Rosalind S. Helderman and Tom Hamburger, Clinton, On Her Private Server, Wrote 104 Emails The Government Says Are
Classified, The Washington Post, 3/5/16)

STATE DEPARTMENT REGULATIONS FORBID THE STORAGE OF CLASSIFIED

INFORMATION ANYWHERE OTHER THAN THE CHANCERY OR CONSULATE EVEN
FOR REASONS OF PERSONAL CONVENIENCE
The State Department Has Acknowledged That The Secretary Is Subject To The Foreign
Affairs Manuals Guidelines For Handling Classified Information
The State Department Admitted The Foreign Affairs Manual Rules Regarding The Handling Of
Classified Information Applied To The Secretary Of State. REPORTER: I had asked you a question the
other day and you said you would get me an answer to it and the question is whether
the Foreign Affairs Manual applies to secretaries of state. Does it? TONER: So I did do some research
into this, as did others. It is The Foreign Affairs Manual is not comprehensive nor is it a bible for
all Foreign Service officers or civil servants. What do I mean by that? I mean its not For example there
is things in there about reimbursement of the use of your private vehicle, certainly that doesnt apply to
the Secretary of State. Or many people within the State Department, whats contained in
the Foreign Affairs Manual and I apologize, this is kind of in the weeds question, all of that is not
necessarily relevant to for example ambassadors or secretaries of state or senior department officials. If I
can say what I think the essence of your question was and Im sorry if this is presumptive was whether
they are bound by the responsibility to protect classified information. That certainly is true, that any
Secretary of State, any senior State Department official is bound by that then I spoke about this the other
day that any individual whether youre the Secretary of State on down takes that responsibility
seriously. (State Department Press Briefing, 9/3/15)

The Foreign Affairs Manual (FAM) Is The Single, Comprehensive, And Authoritative Source
For The [State] Departments Organizational Structures, Policies, And Procedures That
Govern The Operations Of The State Department, The Foreign Service And, When

Applicable, Other Federal Agencies. The Foreign Affairs Manual (FAM) and
associated Handbooks (FAHs) are a single, comprehensive, and authoritative source for the
Department's organization structures, policies, and procedures that govern the operations of the
State Department, the Foreign Service and, when applicable, other federal agencies. The FAM
(generally policy) and the FAHs (generally procedures) together convey codified information to
Department staff and contractors so they can carry out their responsibilities in accordance with
statutory, executive and Department mandates. (Foreign Affairs Manual, U.S. Department Of State, Accessed 4/9/16)

The Manual During Clintons Tenure Clearly Outline That Classified Information Can Not Be
Stored Outside The Chancery, Consulate, Etc., Merely For Convenience
According To A State Department Regulation In Effect During Clintons Tenure (12 FAM 531),
Classified Material Should Not Be Stored At A Facility Outside The Chancery, Consulate, Etc.,
Merely For Convenience. Classified material should not be stored at a facility outside the chancery,
consulate, etc., merely for convenience. In order to store classified material, a post must demonstrate to
the regional security officer (RSO) a legitimate need to have material at a given location, as well as
provide a justification for the level of classified material to be stored. (12 FAM 531 General, U.S. Department Of State
Foreign Affairs Manual, 5/14/10; Web Archive, 10/13/12)

According To A State Department Regulation Established In 2012 (12 FAM 533.2), Each
Employee, Irrespective Of Rank Must Certify That Classified Information Is Not In Their
Household Or Personal Effects. When departing a post upon transfer, resignation, or retirement, each
employee, irrespective of rank, must certify as part of the post clearance procedure that: (1) They are not
taking classified material from the post through any other than authorized means; (2) Such material is
not in their household or personal effects; and (3) Such material will not be mailed or otherwise
transmitted in violation of 12 FAM 536.10. (12 FAM 533.2 Certification Upon Permanent Departure From Post, U.S. Department Of
State Foreign Affairs Manual, 1/31/12)

But Clintons Secret Server Containing Classified Information Was Located At Her Home
Despite Regulations Stating Residences Are Not Considered Official Premises
Clintons Sever Was Physically Located On Her Property. Where was the server for her email
located? The server for her email was physically located on her property, which is protected by U.S.
Secret Service. (Press Release, Statement From The Office Of Former Secretary Clinton, Office Of Hillary Rodham Clinton, 3/10/15; FactCheck.org,
Accessed 7/24/15)

According To A State Department Regulation Established In 2012 (12 FAM 533.1), Residences
Are Not Considered Official Premises. You Must Not Remove Classified Material For Reasons Of
Personal Convenience You must not remove classified material from official premises except when
necessary in conducting official meetings, conferences, or consultations, and you must return this
material to safe storage facilities immediately upon the conclusion of the meeting, conference, or
consultation. Residences are not considered official premises. You must not remove classified material
for reasons of personal convenience or keep it overnight in personal custody. (12 FAM 533.1 Overnight Custody, U.S.
Department Of State Foreign Affairs Manual, 1/31/12)

Platte River Networks Took Clintons Secret Server From Her Home To New Jersey, Where Its
Physical Location Remained In Violation Of State Department Policies
Platte River Networks Took The Server From Chappaqua To New Jersey In June 2013. Platte River
representatives have said the company took Clintons server from her Chappaqua, N.Y., home in June
2013, transferring it to a secure facility in New Jersey. (Rosalind S. Helderman, For IT Firm, Clinton Server Gives Rough
Introduction To Presidential Politics, The Washington Post, 8/19/15)

Clinton Hired Platte River Network To Manage Server In June 2013. Boian said Bill and Hillary
Clinton hired Platte River in June 2013 four months after Clinton stepped down as secretary of state
after the company submitted a proposal for IT work to the high-powered couple. (Rosalind S. Helderman, For IT
Firm, Clinton Server Gives Rough Introduction To Presidential Politics, The Washington Post, 8/19/15)

A Lawyer for Platte River Networks Stated That The Homebrew Servers Information Had Been
Migrated Over To A Different Server For Purposes Of Transition To A Server Run By Platte River
Networks. Platte River Networks has retained control of the old server since it took over management
of the Clintons e-mail system. [The Platte River Attorney] said that the old server was blank, and no
longer contained useful data. The information had been migrated over to a different server for purposes
of transition, from the old system to one run by Platte River, she said, recalling the transfer that occurred
in June 2013. (Tom Hamburger and Karen Tumulty, Hillary Clintons E-mail Server Turned Over To FBI, The Washington Post, 8/12/15)

Clinton Often Says She Opted For A Secret Server Out Of Convenience, Which Is In Violation
Of State Department Policy
Clinton: First, When I Got To Work As Secretary Of State, I Opted For Convenience To Use My Personal
Email Account CLINTON: 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. Looking back, it wouldve been better if Id
simply used a second email account and carried a second phone, but at the time, this didnt seem like an issue.
(Hillary Clinton, Remarks At The United Nations, New York, NY, 3/10/15)

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Clinton: I Chose To Use An Email For Convenience When I Was Secretary Of State. CLINTON: Well, actually
its not complicated. In fact, if you can cut through the efforts to make it complicated, it is pretty straightforward. I
chose to use an email for convenience when I was Secretary of State. (Hillary Clinton, Interview With WHO-DM, 7/27/15)

Click To Watch

STATE DEPARTMENT POLICY FORBIDS CLASSIFIED INFORMATION BE STORED AT

ANYWHERE BESIDES AN APPROVED CLASSIFIED MATERIAL STORAGE FACILITY
Classified Information At The State Department Can Only Be Accessed In An Approved
Facility At A Foreign Affairs Agency Or Contractor Facility
A Person Isnt Able To Receive Classified Material Solely By Virtue Of A Security Clearance, They
Must Also Have Access To An Approved Classified Material Storage Facility. A person is not entitled
to receive classified material solely by virtue of having a security clearance and a need to know. He or she
must also have approved classified material storage facilities. (12 FAM 536.1-3 Determination Of Storage Capability, U.S.
Department Of State Foreign Affairs Manual, 5/14/10)

In Discussing The Determination Of Storage Capability Of Classified Information, The Foreign

Affairs Manual Only References Foreign Affairs Agencies And Contractor Facilities. A person is not
entitled to receive classified material solely by virtue of having a security clearance and a need to know.
He or she must also have approved classified material storage facilities. Not all foreign affairs agencies, or
contractor facilities, domestically or abroad, have storage capability for classified material. (12 FAM 536.1-3
Determination Of Storage Capability, U.S. Department Of State Foreign Affairs Manual, 5/14/10)

Clintons Lawyer David Kendall Held Classified Materials In His Law Firms Office For Months
Kendall Held Clintons Emails Until December 2014 On A Thumb Drive. The State Department is
facing a second lawsuit seeking details of how the diplomatic agency decided to permit Hillary Clinton's
lawyer to retain a thumb drive containing tens of thousands of her emails even after authorities decided
some of them were classified. The Freedom of Information Act suit was filed Thursday by a protransparency group, the James Madison Project, and Daily Beast reporter Shane Harris. The case, filed in
U.S. District Court in Washington (and posted here) is similar to another filed Monday by freelance writer
David Brown. However, the new suit focuses more directly on the thumb drive attorney David Kendall
used to store three copies of the roughly 30,000 email messages Clinton turned over to her former agency
last December. (Josh Gerstein, Lawsuit Seeks Info On Hillary Clinton Lawyers Thumb Drive, Politico, 9/10/15)

Then, In July 2015, The State Department Arranged For A Safe To Be Installed In Kendalls
Law Firm To Hold The Thumb Drive Of Clintons Emails. The State Department is facing a
second lawsuit seeking details of how the diplomatic agency decided to permit Hillary Clinton's
lawyer to retain a thumb drive containing tens of thousands of her emails even after authorities
decided some of them were classified However, after State determined that some of the
messages were classified, in July officials arranged for the installation of a safe at Kendall's law
firm to hold the thumb drive. (Josh Gerstein, Lawsuit Seeks Info On Hillary Clinton Lawyers Thumb Drive, Politico, 9/10/15)

Kendall Didnt Turn Over Custody Of This Thumb Drive Until August 5, 2015. By late July, the FBI
requested return of the drive to government custody. Kendall turned it over on August 5. (Josh Gerstein,
Lawsuit Seeks Info On Hillary Clinton Lawyers Thumb Drive, Politico, 9/10/15)

The State Department Has Admitted Kendalls Office Safe Was Inadequate For Handling
Clintons Emails
The State Department Conceded Clintons Lawyer Did Not Have A Secure-Enough Method For
Storing Clintons Emails. The State Department has told Senate investigators that it didn't provide
Hillary Rodham Clinton's lawyer with a secure-enough method to read now-highly classified material
from her homebrew email server because it didn't anticipate that the messages would be deemed so
secret. (Jack Gillum and Eric Tucker, US: Clinton Email Storage Safe Not Secure For Some Messages, The Associated Press, 9/28/15)
The Safe Installed In Kendalls Office Wasn't Suitable For So-Called Top Secret, Sensitive
Compartmented Information, Known As TS/SCI, Which The Government Has Said Was Found In

Some Messages. In July, State Department officials installed a safe at the office of attorney David
Kendall after the government determined some of Clinton's emails may have contained classified
information. But it said last week the safe wasn't suitable for so-called top secret, sensitive
compartmented information, known as TS/SCI, which the government has said was found in some
messages. (Jack Gillum and Eric Tucker, US: Clinton Email Storage Safe Not Secure For Some Messages, The Associated Press, 9/28/15)

As A Consultant Or Contractor, Kendall Likely Would Be Bound By State Department

Regulations On The Storage Of Classified Information
The Foreign Affairs Manual (FAM) Update From May 14, 2010, Stated That Consultant And
Contractor Storage Of Classified Information Is Governed By 12 FAM 570. Regulations concerning
storage requirements for authorized consultants and contractors engaged in work involving classified
information are covered in 12 FAM 570. (12 FAM 531 General, U.S. Department Of State Foreign Affairs Manual, 5/14/10; Web
Archive, 1/13/13)

A Recent Foreign Affairs Update Maintained This Provision. 12 FAM 570 covers storage
requirements for authorized consultants and contractors working with classified information. (12

FAM 531 General, U.S. Department Of State Foreign Affairs Manual, 6/25/15)

The Regulations In 12 FAM 570 Apply To All State Department Operations Domestically And
Abroad. This chapter applies to the Departments operations domestically and abroad, including U.S.
missions to international organizations, and contractors performing under contract to the Department,
from pre-contract award to post-contract completion. (12 FAM 571.2 Applicability, U.S. Department Of State Foreign Affairs
Manual, 8/6/13)

Kendall Would Also Be Bound By All Regulations Found In The National Industrial Security
Programs Operating Manual (NISPOM)
The National Industrial Security Program (NISP) Applies To All Executive Branch Departments
And Agencies As Well As All Cleared Contractor Facilities Located Within The U.S. The NISP applies
to all Executive Branch Departments and Agencies and to all cleared contractor facilities located within
the United States and its territories. (Operating Manual, National Industrial Security Program, Department of Defense, 2/28/06, p. 1-1-2)

The NISP Is A Partnership Between The Federal Government And Private Industry To
Safeguard Classified Information. The National Industrial Security Program (NISP) is a
partnership between the federal government and private industry to safeguard classified
information. (National Industrial Security Program, National Archives, Accessed 9/15/15)

All Contractor Firms Must Have A Facility Security Officer Responsible For Compliance With
Contract Security Requirements And Adherence To NISPOM. All cleared contractor firms must
designate an individual as their facility security officer who is responsible for the administration of the
companys industrial security program and adherence to the NISPOM and any contract security
requirements. (12 FAM 573.3-2 Department Contractor Personnel, U.S. Department Of State Foreign Affairs Manual, 8/6/13)
Contractors Must Implement All Applicable Terms Of The NISPOM. Standard Practice Procedures.
The contractor shall implement all applicable terms of this Manual at each of its cleared facilities.
(Operating Manual, National Industrial Security Program, Department of Defense, 2/28/06, p. 1-2-1)

The Secretary Of State Delegated Its Authority On Industrial Security Services To The Secretary Of
Defense. The Secretary of Defense has entered into agreements with the departments and agencies
listed below for the purpose of rendering industrial security services. This delegation of authority is
contained in an exchange of letters between the Secretary of Defense and (1) the Administrator, National
Aeronautics and Space Administration (NASA); (2) the Secretary of Commerce; (3) the Administrator,
General Services Administration (GSA); (4) the Secretary of State; (5) the Administrator, Small Business
Administration (SBA); (6) the Director, National Science Foundation (NSF); (7) the Secretary of the
Treasury; (8) the Secretary of Transportation; (9) the Secretary of the Interior; (10) the Secretary of

Agriculture; (11) the Secretary of Labor; (12) the Administrator, Environmental Protection Agency
(EPA); (13) the Attorney General, Department of Justice (DOJ); (14) the Chairman, Board of Governors,
Federal Reserve System (FRS); (15) the Comptroller General of the United States, Government
Accountability Office (GAO); (16) the Director of Administrative Services, United States Trade
Representative (USTR); (17) the Director of Administration, United States International Trade
Commission (USITC); (18) the Administrator, United States Agency for International Development
(USAID); (19) the Executive Director for Operations of the NRC; (20) the Secretary of Education; (21) the
Secretary of Health and Human Services; (22) the Secretary of Homeland Security; and (23) the Deputy
Managing Director, Federal Communications Commission (FCC). (Operating Manual, National Industrial Security Program,

Department of Defense, 2/28/06, p. 1-1-2)

Kendall, As A Contractor, Was Required To Institute A Series Of Security Protocols To

Safeguard Classified Information
Contractors Storing Classified Material Must Have A System Of Security Checks At The Close Of
Each Work Day. Contractors that store classified material shall establish a system of security checks at
the close of each working day to ensure that all classified material and security repositories have been
appropriately secured. (Operating Manual, National Industrial Security Program, Department of Defense, 2/28/06, p. 5-1-1)
Contractors Must Establish Procedures For Safeguarding Classified Material In Emergency
Situations. Contractors shall develop procedures for safeguarding classified material in emergency
situations. (Operating Manual, National Industrial Security Program, Department of Defense, 2/28/06, p. 5-1-1)

FEDERAL RULES REQUIRED CLINTON TO TURN OVER WORK-RELATED EMAILS

UPON LEAVING OFFICE
Federal Regulations Also Required That Clinton Hand Over All Work-Related Emails Once
She Left The State Department
National Archives And Records Administration Guidelines Require Public Officials To Make
[State Department] E-Mails Available So They Can Be Archived. Staffers for Schiff and Schumer
pointed to the State Departments announcement that Clinton was the only secretary who turned over
records for the agencys archiving update. National Archives and Records Administration guidelines
require public officials to make such e-mails available so they can be archived. (Michelle Ye Hee Lee, The Misleading
Democratic Spin On Hillary Clintons E-Mails, The Washington Posts Fact Checker, 3/10/15)

In 2009, Clintons First Year As Secretary, The U.S. Code Was Updated To Mandate That Emails Not
Sent On Official Systems Be Turned Over To The Appropriate Agency Be Preserved. Oct. 2, 2009:
The U.S. Code of federal regulations on handling electronic records is updated: Agencies that allow
employees to send and receive official electronic mail messages using a system not operated by the
agency must ensure that Federal records sent or received on such systems are preserved in the
appropriate agency recordkeeping system. The responsibility for making and preserving the records is
assigned to the head of each federal agency. (Glenn Kessler, Hillary Clintons Emails: A Timeline Of Actions And Regulations, The
Washington Post, 3/10/15)

Clinton Even Directed Her Staff To Avoid Conducting Official Department Business On Their
Personal Email Accounts. On top of that, when Clinton was secretary, a cable went out under
her signature warning employees to avoid conducting official Department business from your
personal e-mail accounts. (Glenn Kessler, Hillary Clintons Claim That Everything I Did [On E-Mails] Was Permitted, The
Washington Posts Fact Checker, 7/9/15)

Clinton Repeatedly Claimed That She Had Turned Over All Of Her Work Related Email To The State
Department

On March 10, 2015, Clinton Claimed She Provided All Of Her Work-Related Emails To The State
Department. CLINTON: 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 totaled 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. (Hillary Clinton, Remarks At A Press Conference At The United
Nations, New York, NY, 3/10/15)

Clinton In May 2015: We Have Released All Emails That Have Any Government Relationship.
MITCHELL: On the emails, can you explain the criticisms of [inaudible] that your lawyers vetted these, so
theyre no really a public release and that you havent really cooperated with putting everything out and
at least one of these included information that was classified and involved the suspects of Benghazi.
CLINTON: Well first of all, Im glad the emails are starting to come out. This is something that Ive asked
to be done for a long time and those releases are beginning. I want people to be able to see all of them and
it is the fact that we have released all of them that have any government relationship whatsoever. In fact,
the State Department had the vast majority of those anyway because they went to what are called .gov
accounts. Im aware that the FBI has asked that a portion of one email be held back. That happens in the
process of Freedom of Information Act responses, but that doesnt change the fact that all the information
in the emails was handled appropriately. (Hillary Clinton, Remarks At A Press Gaggle, Hampton, NH, 5/22/15)
During Her First National Television Interview In July 2015, I Turned Over Everything I Was
Obligated To Turn Over And Then I Moved On. KEILAR: I know you say you were permitted. I am
just trying to understand some of the thought process behind it. One former State Attorney General, a
Democrat, told CNN that they know of no lawyer who would advise someone, a client facing the kind of
scrutiny that youve been facing, to wipe their server. I mean, what do you say to that? CLINTON: Well
what I say to that is, I turned over everything I was obligated to turn over and then I moved on. People
delete their personal emails, their work-related emails, whatever emails they have on a regular basis. I
turned over everything that I could imagine. (CNNs Situation Room, 7/7/15)

Clinton: I Did Everything I Could To Make Sure People Got Anything That Was Related That
I Had. (CNNs Situation Room, 7/7/15)

On June 25, 2015, The State Department Revealed That It Had Not Received All Or Part Of 15
Work-Related Emails From Clinton
On June 25, 2015, The State Department Revealed That It Did Not Receive All Or Part Of 15 WorkRelated Emails From Hillary Rodham Clintons Private Server, Which Were Received By The
House Select Committee On Benghazi. The State Department has been unable to find in its records all
or part of 15 work-related emails from Hillary Rodham Clinton's private server that were released this
week by a House panel investigating the 2012 attack in Benghazi, Libya, officials said Thursday. The
emails all predate the Sept. 11 assault on the U.S. diplomatic facility and include scant words written by
Clinton herself, the officials said. They consist of more in a series of would-be intelligence reports passed
to her by longtime political confidant Sidney Blumenthal, the officials said. (Bradley Klapper and Matthew Lee, State
Dept.: 15 Emails Missing From Clinton Cache, The Associated Press, 6/25/15)

The State Department Not Receiving These Emails Raised New Questions Due To Clintons
Claim That She Had Turned Over All Work-Related Emails To The State Department.
Nevertheless, the fact that the State Department says it cant find them among emails she
provided surely will raise new questions about Clintons use of a personal email account and
server while secretary of state and whether she has provided the agency all of her work-related

correspondence, as she claims. (Bradley Klapper and Matthew Lee, State Dept.: 15 Emails Missing From Clinton Cache, The
Associated Press, 6/25/15)

The State Department Informed The Select Benghazi Committee That They Are No Longer Certain
About Clintons Claim That All Her Work Emails Were Included In The 55,000 Pages Of Documents
Handed Over To The Department. Clintons use of the non-government email while in office was kept
hidden from all but a small circle of aides, outside advisers, family members and friends. She says the
single account for personal and professional purposes was a matter of convenience, and says all her work
emails were included in the 55,000 pages of documents she later handed over to the State Department.
Emails of a personal nature were destroyed, she says. The State Department informed the Select Benghazi
Committee on Thursday that they are no longer certain that's the case, according to officials who spoke
on condition of anonymity because they weren't authorized to speak publicly on the matter. The officials
said Julia Frifield, the assistant secretary of state for legislative affairs, confirmed that 10 emails and parts
of five others that the committee made public Monday couldn't be located in the department's records.
(Bradley Klapper and Matthew Lee, State Dept.: 15 Emails Missing From Clinton Cache, The Associated Press, 6/25/15)

Government Employees Are Required To Preserve Work Emails

Federal Law Requires Government Employees To Preserve Work-Related Records, Whether They
Are Generated On A Personal Email Account Or A Government Email Account. (Byron Tau, Bid To Find Early

Clinton State Department Emails Unsuccessful, Lawyer Says, The Wall Street Journal, 10/22/15)

Clintons Secret Server Was Erased When The State Department Asked Clinton To Return Her
Official Emails To The State Department
CNN Headline: Hillary Clinton Deleted All Email From Personal Server (Chris Frates, Hillary Clinton Deleted All
Email From Personal Server, CNN, 3/28/15)

Hillary Clinton Permanently Deleted All The Emails On The Private Server She Used To Do
Official Business As Secretary Of State Hillary Clinton permanently deleted all the emails on
the private server she used to do official business as secretary of state, the Republican lawmaker
who subpoenaed the emails said late Friday. (Chris Frates, Hillary Clinton Deleted All Email From Personal Server, CNN,
3/28/15)

It Was Not Clear When Clinton Wiped The Server; However, It Appears To Have Been Wiped After
October 2014, When The State Department Asked Clinton To Return Her Official Emails To The
Department. Gowdy said it wasnt clear when Clinton erased the server, but it appears to have been
wiped after October 2014, when the State Department asked Clinton to return her official emails to the
department. (Chris Frates, Hillary Clinton Deleted All Email From Personal Server, CNN, 3/28/15)
Clinton Has Completely Lost The Emails From Her First Two Months As Secretary Of State
Emails From First Eight Weeks Of Clintons Tenure As Secretary Of State Are Missing And Have
Been Lost. Mrs. Clintons representatives have said she didnt set up her personal server until March
2009. She took office as secretary of state in late January 2009. Before that, she used an AT&T BlackBerry
account as well as an account on her personal domain run off an unknown server. As a result of the
migration, emails from the first eight weeks of her tenure are missing and have been lost, her
representatives acknowledge. (Byron Tau, Bid To Find Early Clinton State Department Emails Unsuccessful, Lawyer Says, The Wall Street
Journal, 10/22/15)

Clinton Unable To Obtain Emails From First Two Months Of Her Tenure As Secretary Of State.
[Clinton] has been unable t qAo obtain some emails from early in her tenure as secretary of state,
according to a newly-released letter. (Josh Gerstein, Lawyer: Clinton Unable To Obtain Emails From First Week As Secretary, Politico,
10/22/15)

Emails Turned Over To State Department Didnt Include Any Emails From First Two Months
Of Clintons Tenure As Secretary. The 30,000 emails turned over to the State Department last

year didnt include any emails from her first two months as secretary of state due to technical
issues in setting up Mrs. Clintons personal email server. David Kendall, an attorney for Mrs.
Clinton, said in a letter to the State Department this month that efforts to recover emails from that
time period have been unsuccessful. She does not have custody of emails sent or received in the
first few weeks of her tenure, as she was transition to a new address, and we have been unable to
obtain these, Mr. Kendall wrote. (Byron Tau, Bid To Find Early Clinton State Department Emails Unsuccessful, Lawyer Says, The
Wall Street Journal, 10/22/15)

THE STATE DEPARTMENT CLASSIFICATION GUIDE STATES THAT A DOCUMENTS

CREATOR IS RESPONSIBLE FOR ITS CLASSIFICATION MARKINGS
Clinton Continues To Claim That Nothing Was Marked Classified
In A January Interview Clinton Said That Her Server Didnt Contain Information That Was
Marked Classified. STEPHANOPOULOS: You did have that surprise on Friday. The State Department
saying they will not release 22 e-mails of yours deemed top-secret. You want them released. Why are you
so confident that release would not compromise national security? What do you know about those emails
that we dont? CLINTON: Well, heres what I know. I know that this is, I think, a continuation of the
story that has been playing out for months. There is no classified marked information on those e-mails,
sent or received by me. Dianne Feinstein, the ranking member of the intelligence committee, whos had a
chance to review them, has said that this email chain did not originate with me and that there were no
classification markings. So I do want them released. And of course, I cant be clear about exactly what the
reasons might be for some in the government as part of this interagency dispute to make this request not
to make them public. But, I would like to see them disclosed and I think they can and should be disclosed
from everything Im told about them. (ABCs This Week, 1/31/16)
Click To Watch

The 2005 Edition Of The Classification Guide Negates Clintons Excuse, Stating That A
Documents Creator Is Responsible For Its Classification Markings, And Anyone E-Mailing
Classified Documents Must Mark Them Beforehand
Department Of State Classification Guide: The Creator Of A Document Must Mark Each Portion Of
The Document To Indicate The Classification Level. The creator of a document shall mark each
portion to indicate the classification level. (Department Of State Classification Guide (DSCG 05-01), Department of State, 1/05, p. 4)
If Information Is Classified, It Must Be Marked As Such Before Being Transmitted, Failure To Do So
Risks Compromise Or Unauthorized Release. Use of a secure system such as CLASSNET to transmit emails or other information, does not provide protection after receipt. If the information is classified, it
must be marked as such before being transmitted. If the information is unclassified but otherwise
protectable under law, this should also be indicated by marking the material SBU and with additional
captions as appropriate. Failure to apply appropriate markings before transmission risks compromise or
unauthorized release. (Department Of State Classification Guide (DSCG 05-01), Department of State, 1/05, p. 4)

According To State Department Policies, The Onus To Mark An Email Classified Was On
Clinton When She Sent High-Level Correspondence
Department Of State Classification Guide: The Creator Of A Document Must Mark Each Portion Of
The Document To Indicate The Classification Level. The creator of a document shall mark each
portion to indicate the classification level. (Department Of State Classification Guide (DSCG 05-01), Department of State, 1/05, p. 4)
High Level Correspondence, Including Reports Of Telephone Or Face-To-Face Conversations
Involving Cabinet-Level Officials Or Comparable Level Figures Is Presumed To Be Classified. High
Level Correspondence. This includes letters, diplomatic notes or memoranda or other reports of

telephone or face-to-face conversations involving foreign chiefs of state or government, cabinet-level

officials or comparable level figures, e.g., leaders of opposition parties. It should be presumed that this
type of information should be classified at least CONFIDENTIAL, though the actual level of classification
will depend upon the sensitivity of the contained information and classification normally assigned by the
U.S. to this category of information. (Department Of State Classification Guide (DSCG 05-01), Department of State, 1/05, p. 11)

Some Subjects, Such As Cooperation On Matters Affecting Third Countries, Or Negotiation

Of Secret Agreements, Would Merit Original Classification For Up To 25 Years. Some
subjects, such as cooperation on matters affecting third countries, or negotiation of secret
agreements, would merit original classification for up to 25 years. (Department Of State Classification Guide

(DSCG 05-01), Department of State, 1/05, p. 11)

Commentary About A Countrys Current Domestic Or Foreign Affairs Should Be Marked Classified.
For example, favorable commentary about the policies of opposition parties or personalities could
complicate relations with the government. Even neutral commentary could have a negative impact if it
gives the impression that the USG is too deeply involved in the country's affairs. However, neutral
commentary about a country's current domestic or foreign affairs is unlikely to be very sensitive and
therefore may not require a long duration of classification. Classification at the CONFIDENTIAL level for a
duration of ten years or less is likely to be adequate for this type of information. (Department Of State Classification
Guide (DSCG 11-01), Department of State, 5/11, p. 13; Department Of State Classification Guide (DSCG 05-01), Department of State, 1/05, p. 14)

Clintons Email To Egypts Foreign Minister Regarding IAEAs Vote On Irans Nuclear
Programs Is Now Marked Classified
Clinton Sent An Email On November 25, 2009, Now Marked Classified, That Discussed Requests
From Egyptian Foreign Minister Gheit Relating To An Upcoming Vote. Abu Gheit has two asks and
one big complaint 1)He wants to delay voting until Friday to give more time to round up positive votes.
(Hillary Clinton, Email To William Burns, U.S. Department Of State, 11/25/09)

Ahmed Ali Aboul Gheit Was The Foreign Minister Of Egypt. Press Availability With Egyptian
Foreign Minister Ahmed Ali Aboul Gheit (Press Availability With Egyptian Foreign Minister Ahmed Ali Aboul Gheit, U.S.
Department Of State, 5/27/09)

OBAMA ADMINISTRATION GUIDELINES REQIURE THAT EMPLOYEES USE OFFICIAL

EMAIL ACCOUNTS WHEN CONDUCTING OFFICIAL GOVERNMENT BUSINESS
Obama Press Secretary Josh Earnest Stated That The Administration Has Given Very
Specific Guidance To Use Official Email For Government Business

Earnest Said That There Is Specific Guidance From The Obama Administration About The Use Of
Personal Email Accounts. Very specific guidance has been given to agencies all across the government,
which is specifically that employees in the Obama administration should use their official e-mail accounts
when theyre conducting official government business, Earnest said. However, when there are situations
where personal e-mail accounts are used, it is important for those records to be preserved, consistent
with the Federal Records Act. (Karen Tumulty and Anne Gearan, White House Says Clinton Did Not Heed Email Policy, The Washington Post,
3/4/15)

According To The Washington Post, Clinton Appears To Have Operated In Violation Of Obama
Administration Policies. Former secretary of state Hillary Rodham Clinton appears to have operated in
violation of what the White House said Tuesday was very specific guidance that members of the Obama
administration use government e-mail accounts to carry out official business. Clinton did not have a
government account at the State Department but instead used her personal e-mail account. That was
permissible only if all e-mails relating to government business were turned over and archived by the
State Department, White House press secretary Josh Earnest said at his daily briefing. (Karen Tumulty and Anne
Gearan, White House Says Clinton Did Not Heed Email Policy, The Washington Post, 3/4/15)

In 2011 Clinton Told State Department Employees To Not Use Personal Email Accounts To Discuss
Sensitive Security Information. Former Secretary of State Hillary Clinton told State Department
employees worldwide in a 2011 memo to not use personal email accounts to transmit or discuss
documents or issues containing sensitive security information. (Mark Tapscott, Clinton Memo Warned State Department
Workers To Avoid Using Personal Email, The Washington Examiner, 3/6/15)

In 2012 The US Ambassador To Kenya Scott Gration Was Blasted In A State Department Inspectors
General Report For His Use Of A Private E-Mail Account For Official Business. A scathing report
issued by the State Departments Inspector General in 2012 blasted Grations tour at the Nairobi
embassy, calling his leadership divisive and ineffective. It also accused him of being reluctant to accept
clear-cut decisions from Washington, including what inspectors said was a directive that officials not
routinely use private e-mail account for work purposes. (Josh Gerstein, Ousted Ambassador Sounds Off On Hillary Email Flap,
Politico, 4/11/16)

Gration Was An Ambassador While Clinton Was Secretary And Was Dismissed Partially
Because He Used His GMail Account While He Served As Ambassador In Nairobi. However,
Gration acknowledged that his dismissal in 2012 while Clinton was secretary was due in
part to the departments resistance to his efforts to have easy access to his Gmail account while he
served as the top U.S. diplomat in Nairobi. (Josh Gerstein, Ousted Ambassador Sounds Off On Hillary Email Flap, Politico,
4/11/16)

CLINTON TRANSMITTED CLASSIFIED INFORMATION VIA BLACKBERRY DESPITE

STATE DEPARTMENT POLICY SPECIFICALLY PROHIBITING DOING SO
As Of December 2, 2009, The Foreign Affairs Manual Has Explicitly Stated Classified
Processing And/Or Classified Conversation On A PDA Is Prohibited
On December 2, 2009, The Foreign Affairs Manual Was Updated To State: Classified Processing
And/Or Classified Conversation On A PDA Is Prohibited. Classified processing and/or classified
conversation on a PDA is prohibited. (12 FAM 683 Personal Digital Assistants, U.S. Department Of State Foreign Affairs Manual,
12/02/2010; Web Archive, 3/9/12)

The Foreign Affairs Manual Specifically Defined A BlackBerry As A PDA Device. Personal
Digital Assistants (PDAs) are hand-held computers, subject to the general requirements of 12 FAM
600. This section addresses specific requirements as they apply to PDAs. PDAs include standard
personal digital assistants; e.g., Palm devices, Win CE devices, etc., and multifunction automated
information system (AIS) devices; e.g., BlackBerry devices, PDA/cell phones, etc. (12 FAM 683 Personal
Digital Assistants, U.S. Department Of State Foreign Affairs Manual, 12/02/2010; Web Archive, 3/9/12)

In 2014, State Department Spokesperson Jen Psaki Said Discussing Classified Information On
A Blackberry Is Prohibited By Department Policy, And That BlackBerries Are Considered
Unclassified Devices
In A 2014 State Department Press Briefing, State Department Spokesperson Jen Psaki Said
Processing Or Discussing Classified Information On A BlackBerry Is Prohibited By Department
Policy. QUESTION: On the issue of how you discuss things, do State Department officials routinely use
encrypted phones, mobile phones, for their conversations so that comments like that one do not become
public? PSAKI: Well, Arshad, for obvious reasons, I can't outline for you everything that we do. I can tell
you that data encryption is available for all Department of State employee-issued, government- owned
BlackBerry devices, regardless of rank. All Department of State government-owned BlackBerry devices
have data encryption. However, they don't have voice encryption. And of course, as you know -- I know
you didn't ask this, but just to add one more additional point classified processing and classified
conversation on a personal digital assisted device is prohibited in accordance with Department policy,
which, of course, is not what this was, but just to add a point. (Press Briefing, State Department, Washington DC, 2/7/14)
Psaki: Well, I Just Said That Classified Processing And Classified Conversation On A Personal
Digital Assisted Device Is Prohibited. (Press Briefing, State Department, Washington DC, 2/7/14)
When Pressed On Whether A State Department Employee Is Prohibited From Discussing Classified
Material On A Deceive, Psaki Replied Exactly. QUESTION: So -- but here's -- I mean, I don't --
several things I don't understand. When you say personal, do you mean privately owned? PSAKI: Any
device that is -- that you're having conversations on that is... QUESTION: OK. So you're not allowed to
discuss classified material on a device. Correct? PSAKI: On an unclass -- right. Exactly. (Press Briefing, State
Department, Washington DC, 2/7/14)

Click To Watch

State Department Official Wendy Sherman Bragged That Secretary Clinton Used Her
BlackBerry To Negotiate Middle East Peace Talks, Correspondence Which Has Now Been
Classified
In 2013, State Department Official Wendy Sherman Boasted About Secretary Clinton Negotiating
Delicate Mid East Peace Negotiations Over Her BlackBerry While At The UN General Assembly In
2011 As Something That Would Never Be On An Unclassified System SHERMAN: Now we have
BlackBerries, and it has changed the way diplomacy is done. Things appear on your Blackberries that
would never be on an unclassified system, but youre out traveling, youre trying to negotiate something,
you want to communicate with people, its the fastest way to do it. My favorite story about this is the U.N.
General Assembly, two years ago, Secretary Clinton was at the E.U., it was then the E.U. 27 meeting,
where all of the foreign ministers were right along the long table, she was on one side of the table,
Catherine Ashton was on the other side of the table, the representative for the European Union, they were
trying to, during that U.N. General Assembly negotiate a Quartet Statement for Middle East peace, and so
they sat there, as they were having the meeting, with their BlackBerries, transferring language back and
forth between them and between their aides to multitask in quite a new fashion, to have the meeting and
at the same time be working on the Quartet Statement (Wendy Sherman, Remarks At The American Foreign Service
Association Conference, Washington, DC, 2013)

Emails Regarding Those Negotiations Have Now Been Deemed Classified. The State
Department considered the correspondence sensitive enough that the department deemed some
of those emails to now be classified, and officials redacted details before the emails were released
to the public. (Ed Henry, Video Suggests Clinton Shared Info That Would Never Be On An Unclassified System Normally Fox News,
1/26/16)

Information Provided In Confidence To Clinton By Her Foreign Counterparts In Confidence Is

Automatically Classified

The U.S. Government Defines Any Information Written Or Spoken That Is Provided In Confidence
To U.S. Officials By Their Foreign Counterparts As Foreign Government Information. In the small
fraction of emails made public so far, Reuters has found at least 30 email threads from 2009, representing
scores of individual emails, that include what the State Department's own Classified stamps now identify
as so-called 'foreign government information.' The U.S. government defines this as any information,
written or spoken, provided in confidence to U.S. officials by their foreign counterparts. (Jonathan Allen,
Exclusive: Dozens Of Clinton Emails Were Classified From The Start, U.S. Rules Suggest, Reuters, 8/21/15)

Foreign Government Information Must Be Presumed Classified To Protect National Security And
The Integrity Of Diplomatic Interactions. This sort of information, which the department says Clinton
both sent and received in her emails, is the only kind that must be presumed classified, in part to protect
national security and the integrity of diplomatic interactions, according to U.S. regulations examined by
Reuters. (Jonathan Allen, Exclusive: Dozens Of Clinton Emails Were Classified From The Start, U.S. Rules Suggest, Reuters, 8/21/15)