Hillary Clinton email controversy

controversy continues against the backdrop of Clintons

2016 presidential election campaign and hearings held by
the United States House Select Committee on Benghazi.

1 Background
1.1 BlackBerry phones
Prior to her appointment as Secretary of State, Clinton
and her circle of friends and colleagues communicated
via BlackBerry phones.[2] State Department security personnel suggested this would pose a security risk during
her tenure.[3] The email account used on Clintons BlackBerry was then hosted on a private server in the basement of her home in Chappaqua, New York, but that information was not disclosed to State Department security personnel or senior State Department personnel.[4] It
proved impractical to nd a solution, even after consulting the National Security Agency, which would not have
allowed Clinton to use her BlackBerry, or a similarly unsecured device, linked to a private server in her home.[5]
Setting up a secure desktop computer in her oce was
suggested, but Clinton was unfamiliar with their use[6]
and opted for the convenience of her BlackBerry,[7] not
the State Department, government protocol of a secured
desktop computer. Eorts to nd a secure solution were
abandoned by Clinton,[5] and she was warned by State
Department security personnel about the vulnerability of
an unsecured BlackBerry to hacking.[8] She armed her
knowledge of the danger, and was reportedly told that the
Bureau of Diplomatic Security had obtained intelligence
about her vulnerability while she was on a trip to Asia,
but continued to use her BlackBerry outside her oce.[9]

Former Secretary of State Hillary Clinton testifying before the

House Select Committee on Benghazi

In March 2015, it became publicly known that Hillary

Clinton, during her tenure as United States Secretary
of State, had exclusively used her familys private email
server for ocial communications, rather than ocial
State Department email accounts maintained on federal
servers. Those ocial communications included thousands of emails that would later be marked classied by
the State Department retroactively.[1]
Debate continues as to the propriety and legality of various aspects of Secretary Clintons arrangement. Some
experts, ocials, and members of Congress have contended that her use of private messaging system software
and a private server violated State Department protocols
and procedures, as well as federal laws and regulations
governing recordkeeping. In response, Clinton has said
that her use of personal email was in compliance with
federal laws and State Department regulations, and that
former secretaries of state had also maintained personal
email accounts.
Nearly 2,100 emails on the server were retroactively
marked as classied by the State Department, including 65 emails deemed Secret and 22 deemed Top
Secret. Government policy, reiterated in the nondisclosure agreement signed by Clinton as part of gaining her security clearance, is that sensitive information
should be considered and handled as classied even if not
marked as such. After allegations were raised that some
of the emails in question fell into this category, an investigation was initiated by the Federal Bureau of Investigation (FBI) regarding how classied information was
handled on the Clinton server.

1.2 Domain names and email server

At the time of Senate conrmation hearings on Hillary

Clintons nomination as Secretary of State, the domain
names clintonemail.com, wjcoce.com, and presidentclinton.com were registered to Eric Hoteham,[10] with the
home of Clinton and her husband in Chappaqua, New
York, as the contact address.[11][12] The domains were
pointed to a private email server that Clinton (who never
had a state.gov email account) used to send and receive
the ClinIn May 2016 the State Departments Oce of the Inspec- email, and which was purchased and installed in[13][14]
her
2008
presidential
campaign.
tons
home
for
tor General released an 83-page report about the State
Departments email practices, including Clintons. The The email server was located in the Clintons home in
1

2 USE OF PRIVATE SERVER FOR GOVERNMENT BUSINESS

Chappaqua, New York, until 2013, when it was sent to lease her emails.[32] Some in the media labeled the cona data center in New Jersey before being handed over troversy emailgate.[33][34][35]
to Platte River Networks, a Denver-based information
technology rm that Clinton hired to manage her email
system.[15][16][17][18][19]

1.3

Initial awareness

As early as 2009, ocials with the National Archives

and Records Administration (NARA) expressed concerns over possible violations of normal federal government record-keeping procedures at the Department of
State under Secretary Clinton.[20]

2 Use of private server for government business

According to Clintons spokesperson Nick Merrill, a

number of government ocials have used private email
accounts for ocial business, including secretaries of
state before Clinton.[36] State Department spokesperson
Marie Harf said that: For some historical context, Secretary Kerry is the rst secretary of state to rely primarily on a state.gov email account.[29] John Wonderlich,
a transparency advocate with the Sunlight Foundation,
observed while many government ocials used private
email accounts, their use of private email servers was
much rarer.[37] Dan Metcalfe, a former head of the Justice Departments Oce of Information and Privacy, said
this gave her even tighter control over her emails by not
involving a third party such as Google and helped prevent
their disclosure by Congressional subpoena. He added:
She managed successfully to insulate her ocial emails,
categorically, from the FOIA, both during her tenure at
State and long after her departure from itperhaps forever, making it a blatant circumvention of the FOIA by
someone who unquestionably knows better.[29][38]

In December 2012, near the end of Clintons tenure as

Secretary of State, a nonprot group called Citizens for
Responsibility and Ethics in Washington, or CREW, led
a FOIA request seeking records about her email. CREW
received a response in May 2013: no records responsive
to your request were located.[21] Emails sent to Clintons private clintonemail.com address were rst discovered in March 2013, when a hacker named "Guccifer"
widely distributed emails sent to Clinton from Sidney
Blumenthal, which Guccifer obtained by illegally accessing Blumenthals email account.[22][23][24] The emails
dealt with the 2012 Benghazi attack and other issues in
Libya and revealed the existence of her clintonemail.com
address.[22][23][24] Blumenthal did not have a security
clearance when he received material from Clinton that According to Department spokesperson Harf, use by govhas since been characterized as classied by the State ernment ocials of personal email for government busiDepartment.[25][26]
ness is permissible under the Federal Records Act, so
In the summer of 2014, lawyers from the State Depart- long as relevant ocial communications, including all
ment noticed a number of emails from Clintons per- work-related emails, are preserved by the agency.[29] The
sonal account, while reviewing documents requested by Act (which was amended in late 2014 after Clinton left
the House Select Committee on Benghazi. A request by oce to require that personal emails be transferred to
the State Department for additional emails led to negotia- government servers within 20 days) requires agencies to
tions with her lawyers and advisors. In October, the State retain all ocial communications, including all workDepartment sent letters to Clinton and all previous Sec- related emails, and stipulates that government employretaries of State back to Madeleine Albright requesting ees cannot destroy or remove relevant records.[29] NARA
emails and documents related to their work while in of- regulations dictate how records should be created and
ce. On December 5, 2014, Clinton lawyers delivered 12 maintained, require that they must be maintained by the
le boxes lled with printed paper containing more than agency and readily found, and that the records must
30,000 emails. Clinton withheld almost 32,000 emails make possible a proper scrutiny by the Congress.[29]
deemed to be of a personal nature.[21] Datto, Inc., which Section 1924 of Title 18 of the United States Code adprovided data backup service for Clintons email, agreed dresses the deletion and retention of classied documents,
to give the FBI the hardware that stored the backups.[27] under which knowingly removing or housing classied
As of May 2016, no answer had been provided to the pub- information at an unauthorized location is subject to a
lic as to whether 31,000 emails deleted by Hillary Clinton ne, or up to a year in prison.[29]
as personal have been or could be recovered.[28]
Experts such as Metcalfe agree that these practices are
A March 2, 2015, New York Times article broke the story
that the Benghazi panel had discovered that Clinton exclusively used her own private email server rather than
a government-issued one throughout her time as Secretary of State, and that her aides took no action to preserve emails sent or received from her personal accounts
as required by law.[29][30][31] At that point, Clinton announced that she had asked the State Department to re-

allowed by federal law assuming that the material is not

supposed to be classied,[36][39] or at least these practices are allowed in case of emergencies,[30] but they discourage these practices, believing that ocial email accounts should be used.[29] Jason R. Baron, the former
head of litigation at NARA, described the practice as
highly unusual but not a violation of the law. In a separate interview, he said, It is very dicult to conceive

3
of a scenarioshort of nuclear winterwhere an agency
would be justied in allowing its cabinet-level head ocer to solely use a private email communications channel
for the conduct of government business.[30][40][41] Baron
told the Senate Judiciary Committee in May 2015 that
any employees decision to conduct all email correspondence through a private email network, using a non-.gov
address, is inconsistent with long-established policies and
practices under the Federal Records Act and NARA regulations governing all federal agencies.[42]

Clinton campaign spokesman Brian Fallon issued a statement saying: The report shows that problems with
the State Departments electronic record-keeping systems were long-standing and that Clinton took steps
that went much further than others to appropriately preserve and release her records.[43] However, the Associated Press said, The audit did note that former Secretary of State Colin Powell had also exclusively used
a private email account.... But the failings of Clinton were singled out in the audit as being more serious than her predecessor.[55] The report stated that By
Secretary Clintons tenure, the departments guidance
2.1 May 2016 report from State Depart- was considerably more detailed and more sophisticated,
Secretary Clintons cybersecurity practices accordingly
ments inspector general
must be evaluated in light of these more comprehensive
directives.[55]
In May 2016, the Departments Oce of the Inspector
General Steve Linick released an 83-page report about
the State Departments email practices.[43][44][45] The Inspector General was unable to nd evidence that Clinton 3 Server security and hacking athad ever sought approval from the State Department sta
tempts
for her use of a private email server, determining that
if Clinton had sought approval, Department sta would
have declined her setup because of the security risks in In 2008, before Hillary Clinton became Secretary of
doing so.[43] Aside from security risks, the report stated State, Justin Cooper, a longtime aide to Clintons husthat, she did not comply with the Departments poli- band, former President Bill Clinton, managed the syscies that were implemented in accordance with the Fed- tem. Cooper had no security clearance or expertise in
eral Records Act,[46] The report also stated that, unlike computer security.[56] Later, Bryan Pagliano, the former
the other Secretaries of State involved, she and her aides IT director for Clintons 2008 presidential campaign, was
refused to cooperate with the investigation.[43] Each of hired to maintain their private email server while Clinthese ndings contradicted what Clinton and her aides ton was Secretary of State.[57][58] Pagliano had invoked
had been saying up to that point.[47][48][49]
the Fifth Amendment during congressional questioning
about
Clintons server. In early 2016, he was granted imThe report also reviewed the practices of several previous
munity
by the Department of Justice in exchange for coSecretaries of State and concluded that the Departments
operation
with prosecutors.[59] A Clinton spokesman said
[43]
recordkeeping practices were subpar for many years.
Pagliano was now cooperatThe Inspector General criticized Clintons use of private her campaign was pleased
[60]
ing
with
prosecutors.
As
of
May 2016, the State Deemail for Department business, concluding that it was
partment remained unable to locate most of Paglianos
not an appropriate method of document preservation
emand did not follow Department policies that aim to com- work-related emails from the period when he was[61]
ployed by that department under Secretary Clinton.
[43]
ply with federal record laws. The report also criticized
Colin Powell, who used a personal email account for Security experts such as Chris Soghoian believe that
business, saying that this violated some of the same De- emails to and from Clinton may have been at risk of
partment policies.[43] State Department spokesman Mark hacking and foreign surveillance.[62] Marc Mairet, a
Toner said that the report emphasized the need for federal cybersecurity expert, said that the server had amateur
agencies to adapt decades-old record-keeping practices hour vulnerabilities.[63] For the rst two months after
to the email-dominated modern era and said that the De- Clinton was appointed Secretary of State and began acpartments record-retention practices had been improved cessing mail on the server through her Blackberry, transunder the current Secretary of State John F. Kerry, Clin- missions to and from the server were apparently not entons successor.[43] The report also notes that the rules for crypted. On March 29, 2009, a digital certicate" was
preserving work-related emails were updated in 2009.[50] obtained which would have permitted encryption.[9]
Inspector General Linick wrote that he found no evidence that sta in the Oce of the Legal Adviser reviewed or approved Secretary Clintons personal system,
and also found that multiple State employees who raised
concerns regarding Clintons server were told that the Ofce of the Legal Adviser had approved it, and were further told to never speak of the Secretarys personal email
system again.[51][52][53][54]

Former Director of the Defense Intelligence Agency

Michael T. Flynn,[64] former United States Secretary of
Defense Robert Gates,[65][66] and former deputy director
of the Central Intelligence Agency Michael Morell[67][68]
have said that it is likely that foreign governments
were able to access the information on Clintons server.
Michael Hayden, former Director of the National Security Agency, Principal Deputy Director of National Intel-

4 CLASSIFIED INFORMATION IN EMAILS

ligence, and Director of the Central Intelligence Agency

said I would lose all respect for a whole bunch of foreign
intelligence agencies if they weren't sitting back, paging
through the emails.[69]

as classied by the State Department. Sixty-ve of

those emails were found to contain information classied as Secret"; more than 20 contained TopSecret information; and the rest contained Conden[85][86]
Clintons server was congured to allow users to con- tial information.
nect openly from the Internet and control it remotely us- Of the 2,100 emails, Clinton personally wrote 104 and
ing Microsofts Remote Desktop Services.[63] It is known her aides wrote hundreds more.[43][87]
that hackers in Russia were aware of Clintons non-public A main point of contention in the controversy is if Clinemail address as early as 2011.[70] It is also known that ton passed information through her mail server that was
Secretary Clinton and her sta were aware of hacking at- classied at the time, which would be improper because
tempts in 2011, and were worried about them.[71]
it was a private, non-secured channel.[88] In June 2016,
In 2012, according to server records, a hacker in Serbia
scanned Clintons Chappaqua server at least twice, in August and in December 2012. It was unclear whether the
hacker knew the server belonged to Clinton, although it
did identify itself as providing email services for clintonemail.com.[63] During 2014, Clintons server was the target
of repeated intrusions originating in Germany, China, and
South Korea. Threat monitoring software on the server
blocked at least ve such attempts. The software was installed in October 2013, and for three months prior to
that, no such software had been installed.[72][73]
According to Pagliano, security logs of Clintons email
server showed no evidence of successful hacking.[74] The
New York Times reported that forensic experts can sometimes spot sophisticated hacking that is not apparent in
the logs, but computer security experts view logs as key
documents when detecting hackers, adding the logs bolster Mrs. Clintons assertion that her use of a personal
email account [...] did not put American secrets into the
hands of hackers or foreign governments.[62][74][75]
In 2013, Romanian hacker Marcel Lehel Lazr
("Guccifer") distributed private memos from Sydney
Blumenthal to Clinton on events in Libya.[76][77] In 2016,
Lazr was extradited from Romania to the U.S. to face
unrelated federal charges related to his hacking into the
accounts of a number of high-prole U.S. gures,[78]
pleading guilty to these charges.[79][80]
While detained pending trial, Lazr claimed to the media
that he had successfully hacked Clintons server, but provided no proof of this claim.[81] Ocials associated with
the investigation told the media that they found no evidence supporting Lazrs assertion,[82] and Clinton press
secretary Brian Fallon said There is absolutely no basis to believe the claims made by this criminal from his
prison cell.[83][84]

Classied information in emails

In various interviews, Clinton has said that I did not send

classied material, and I did not receive any material that
was marked or designated classied.[1]
According to the State Department, there were 2,093
email chains on the server that were retroactively marked

Fox News reported that one email received by Clinton

contained classied portion markings, marking part of
the email as classied at the time received.[89]

4.1 Inspector general reports and statements

A June 29, 2015 memorandum from the inspector general (IG) of the State Department, Steve A. Linick, said
that a review of the 55,000-page email release found
hundreds of potentially classied emails.[90] A July
17, 2015 follow-up memo, sent jointly by Linick and
the Intelligence Community (IC) inspector general, I.
Charles McCullough III, to Under Secretary of State for
Management Patrick F. Kennedy, stated that they had
conrmed that several of the emails contained classied
information that was not marked as classied, at least one
of which was publicly released.[90] On July 24, 2015, Linick and McCullough said they had discovered classied
information on Clintons email account,[91] but did not say
whether Clinton sent or received the emails.[91] Investigators from their oce, searching a randomly chosen sample of 40 emails, found four that contained classied information that originated from U.S. intelligence agencies,
including the Central Intelligence Agency (CIA) and the
National Security Agency (NSA).[91] Their statement said
that the information they found was classied when sent,
remained so as of their inspection, and never should have
been transmitted via an unclassied personal system.[91]
In a separate statement in the form of a letter to Congress,
McCullough said that he had made a request to the State
Department for access to the entire set of emails turned
over by Clinton, but that the Department rejected his
request.[91][92] The letter stated that none of the emails
were marked as classied, but because they included classied information they should have been marked and handled as such, and transmitted securely.[92]
On August 10, 2015, the IC inspector general said
that two of the 40 emails in the sample were Top
Secret/Sensitive Compartmented Information" and subsequently given classied labels of TK (for Talent Keyhole, indicating material obtained by spy satellites) and
NOFORN.[93] One is a discussion of a news article about
a U.S. drone strike operation.[93] The second, he said, either referred to classied material or else was parallel

4.2

FBI investigation

reporting of open-source intelligence, which would also

be classied.[93][94] Clintons presidential campaign and
the State Department disputed the letter, and questioned
whether the emails had been over-classied by an arbitrary process. According to an unnamed source, a secondary review by the CIA and the National GeospatialIntelligence Agency endorsed the earlier inspectors general ndings concluding that the emails (one of which
concerned North Koreas nuclear weapons program) were
Top Secret when received by Clinton through her private server in 2009 and 2011, a conclusion also disputed
by the Clinton campaign.[95]

5
partment of Justice, as well as thumb drives containing
copies of her work-related emails. Other emails were obtained by the United States House Select Committee on
Benghazi from other sources, in connection with the committees inquiry. Clintons own emails are being made
public in stages by the State Department on a gradual
schedule.[105][106][107]
Clintons IT contractors turned over her personal email
server to the FBI on August 12, 2015,[19] as well as thumb
drives containing copies of her emails.[108][109] In a letter
describing the matter to Senator Ron Johnson, Chairman
of the Senate Homeland Security Committee, Clintons
lawyer David E. Kendall said that emails, and all other
data stored on the server, had earlier been erased prior to
the device being turned over to the authorities, and that
both he and another lawyer had been given security clearances by the State Department to handle thumb drives
containing about 30,000 emails that Clinton subsequently
also turned over to authorities.[110] Kendall said the thumb
drives had been stored in a safe provided to him in July
by the State Department.[110][110]

The IC inspector general issued another letter to Congress

on January 14, 2016. In this letter he stated that an unnamed intelligence agency had made a sworn declaration that several dozen emails [had been] determined
by the IC element to be at the CONFIDENTIAL, SECRET, and TOP SECRET/SAP levels. Other intelligence ocials added that the several dozen were not the
two emails from the previous sample and that the clearance of the IC inspector general himself had to be upgraded before he could learn about the programs refer- On August 20, 2015, U.S. District Judge Emmet G. Sulenced by the emails.[96][97][98]
livan stated that Hillary Clintons actions of maintaining
On January 29, 2016, the State Department announced a private email server were in direct conict with U.S.
that 22 documents from Clintons email server would not government policy. We wouldn't be here today if this
be released because they contained highly classied in- employee had followed government policy, he said, and
formation that was too sensitive for public consumption. ordered the State Department to work with the FBI to deAt the same time, the State Department announced that it termine if any emails on the server during her tenure as
was initiating its own investigation into whether the server Secretary of State could be recovered.[111][112][113] Platte
contained information that was classied at the time it was River Networks, the Denver-based rm that managed the
sent or received.[99]
Clinton server since 2013, said it had no knowledge of
In February 2016, State Department IG Linick addressed the server being wiped, and indicated that the emails
another report to Under Secretary of State Kennedy, stat- that Clinton has said were deleted could likely be recoving his oce had also found classied material in 10 ered. Platte River has no knowledge of the server beemails in the personal email accounts of members of for- ing wiped, company spokesman Andy Boian told the
the information we have is that the
mer Secretary Condoleezza Rices sta and in two emails Washington Post. All[114]
server
wasn't
wiped.
When asked by the Washington
in the personal email account of former Secretary of State
Post,
the
Clinton
campaign
declined to comment.[114]
[100][101]
Colin Powell.
None of the emails were classied
for intelligence reasons.[102] PolitiFact found a year earlier that Powell was the only former secretary of state to
use a personal email account.[103] In February 2016, Clintons campaign chairman issued a statement claiming that
her emails, like her predecessors, were being inappropriately subjected to over-classication.[100][104]

4.2

FBI investigation

In September 2015, FBI investigators were engaged

in sorting messages recovered from the server.[115] In
November 2015, the FBI expanded its inquiry to examine whether Clinton or her aides jeopardized national security secrets, and if so, who should be held
responsible.[116][117]
Conicting media sources sized the FBI investigation
from 12[118] to 30 agents[119] as of March 2016.

In May 2016, FBI Director James Comey said that Clintons description of the probe as a security inquiry was
The State Department and Intelligence Community (IC)
inaccurate saying Its in our name. I'm not familiar with
inspector generals discovery of four emails containing
the term 'security inquiry'" and We're conducting an inclassied information, out of a random sample of 40,
vestigation ... Thats what we do.[120]
prompted them to make a security referral to the FBIs
counterintelligence oce, to alert authorities that classi- In July 2016, the New York Times reported in the name
ed information was being kept on Clintons server and of a Justice Department ocial that Attorney Genby her lawyer on a thumb drive.[91][92] As part of an FBI eral Loretta Lynch will accept whatever recommendaprobe at the request of the IC inspector general, Clin- tion career prosecutors and the F.B.I. director make about
ton agreed to turn over her email server to the U.S. De- whether to bring charges related to Hillary Clintons per-

RESPONSES AND ANALYSIS

sonal email server, and added that The F.B.I. is investigating whether Mrs. Clinton, her aides or anyone else
broke the law by setting up a private email server for her
to use as secretary of state. [121]

current system. But that is the system that exists, and

if and when the agencies determine that she sent or received classied information through her private server,
Clinton will be accused of mishandling national-security
secrets.[88]

4.3

Richard Lempert, in an analysis of the Clinton email controversy published by the Brookings Institution, wrote
that security professionals have a reputation for erring
in the direction of overclassication.[122] Elizabeth
Goitein, co-director of the liberty and national security program at the Brennan Center for Justice at New
York University School of Law, says that The odds are
good that any classied information in the Clinton emails
should not have been classied, since an estimated 50
percent to 90 percent of classied documents could be
made public without risking national security.[122] Nate
Jones, an expert with the National Security Archive at
George Washington University, said: Clintons mistreatment of federal records and the intelligence communitys
desire to retroactively overclassify are two distinct troubling problems. No politician is giving the right message:
Blame Clinton for poor records practices, but don't embrace overclassication while you do it.[122]

Journalists and experts

According to the New York Times, if Clinton was a recipient of classied emails, it is not clear that she would have
known that they contained government secrets, since they
were not marked classied.[1][91] The newspaper also reported that most specialists believe the occasional appearance of classied information in the Clinton account
was probably of marginal consequence.[13] Steven Aftergood, director of the Project on Government Secrecy
at the Federation of American Scientists, said that inadvertent spillage of classied information into an unclassied realm is a common occurrence.[13]
An August 2015 review by Reuters of a set of released
emails found at least 30 email threads from 2009, representing scores of individual emails, that include what
the State Department identies as foreign government
information, dened by the U.S. government as any information, written or spoken, provided in condence to
U.S. ocials by their foreign counterparts.[1] Although
unmarked, Reuters examination appeared to suggest that
these emails were classied from the start.[1] J. William
Leonard, a former director of the NARA Information
Security Oversight Oce, said that such information is
born classied and that If a foreign minister just told
the secretary of state something in condence, by U.S.
rules that is classied at the moment its in U.S. channels
and U.S. possession.[1] According to Reuters, the standard U.S. government nondisclosure agreement warns
people authorized to handle classied information that it
may not be marked that way and that it may come in oral
form.[1] The State Department disputed Reuters analysis but declined to elaborate.[1]
The Associated Press reported that Some ocials
said they believed the designations were a stretch
a knee-jerk move in a bureaucracy rife with overclassication.[93] Jerey Toobin, in an August 2015 New
Yorker article, wrote that the Clinton email aair is an illustration of overclassication, a problem written about
by Senator Daniel Patrick Moynihan in his book Secrecy:
The American Experience.[88] Toobin writes that government bureaucracies use classication rules to protect turf,
to avoid embarrassment, to embarrass rivalsin short,
for a variety of motives that have little to do with national
security.[88] Toobin wrote that Its not only the public
who cannot know the extent or content of government
secrecy. Realistically, government ocials cant know
eitherand this is Hillary Clintons problem.[88] Toobin
noted that one of Clintons potentially classied email
exchanges is nothing more than a discussion of a newspaper story about drones" and wrote: That such a discussion could be classied underlines the absurdity of the

5 Responses and analysis

5.1 Clintons response
Clinton spokesman Nick Merrill defended Clintons use
of the personal server and email accounts as being in
compliance with the letter and spirit of the rules. Clinton herself stated that she had done so only as a matter of
convenience.[123]
On March 10, 2015, while attending a conference at
the United Nations Headquarters in Manhattan, Clinton
spoke with reporters for about 20 minutes.[124] Clinton
said that she had used a private email for convenience,
because I thought it would be easier to carry just one
device for my work and for my personal emails instead
of two.[125][126] It was later determined that Clinton had
used both an iPad and a BlackBerry while Secretary of
State.[125][127][128][129]
Clinton turned over copies of 30,000 State Department
business-related emails from her private server that belonged in the public domain; she later explained that instructed her lawyer to err on the side of disclosure, turning over any emails that might be work-related. Her aides
subsequently deleted about 31,000 emails from the server
dated during the same time period that Clinton regarded
as personal and private.[130][131][132]
In a court ling in September 2015, attorneys from the
United States Department of Justice Civil Division wrote
that Clinton had the right to delete personal emails, noting
that under federal guidelines: There is no question that
former Secretary Clinton had authority to delete personal

5.3

Republican response

emails without agency supervision she appropriately

could have done so even if she were working on a government server. Under policies issue both by the National
Archives and Records Administration and the State Department, individual ocers and employees are permitted and expected to exercise judgment to determine what
constitutes a federal record.[132][133]
Clinton has used humor to shrug o the
scandal.[134][135][136] In August 2015, when asked
by a reporter whether she had wiped her server,
Clinton laughed and said: What? Like with a cloth
or something? I don't know how it works digitally at
all.[137] In September 2015, Clinton was asked in an
interview with Jimmy Fallon on The Tonight Show about
the content of the emails. She laughed it o, saying there
was nothing interesting and joking that she was oended
people found her emails 'boring'.[138]

5.2

Democratic response

In August 2015, the New York Times reported on

interviews with more than 75 Democratic governors,
lawmakers, candidates and party members on the
email issue.[139] The Times reported that None of the
Democrats interviewed went so far as to suggest that the
email issue raised concerns about Mrs. Clintons ability
to serve as president, and many expressed a belief that it
had been manufactured by Republicans in Congress and
other adversaries.[139] At the same time, many Democratic leaders showed increasing frustration among party
leaders of Clintons handling of the email issue.[139] For
example, Edward G. Rendell, former governor of Pennsylvania, a Clinton supporter, said that a failure of the
Clinton campaign to get ahead of the issue early on meant
that the campaign was left just playing defense.[139]
Other prominent Democrats, such as Governor Dannel P.
Malloy of Connecticut, were less concerned, noting that
the campaign was at an early stage and that attacks on
Clinton were to be expected.[139]
At the October 2015 primary debate, Clintons chief rival for the Democratic presidential nomination, Senator
Bernie Sanders of Vermont, defended Clinton, saying:
Let me say this. Let me say something that may not
be great politics. But I think the secretary is right. And
that is that the American people are sick and tired of hearing about your damn emails!" Clinton responded: Thank
you. Me too. Me too. Clinton and Sanders shook hands
on stage.[140][141] According to the Los Angeles Times:
The crowd went wild. So did the Internet.[140][141]
Sanders later claried that he thinks Clintons emails is
a very serious issue,[142] but that he thinks Americans
want a discussion on issues that are real to them, such as
paid family and medical leave, college aordability, and
campaign nance reform.[141]

5.3 Republican response

Republican National Committee chairman Reince
Priebus said, in a statement regarding the June 30
email releases, These emails ... are just the tip of the
iceberg, and we will never get full disclosure until Hillary
Clinton releases her secret server for an independent
investigation.[143] Gowdy, a Republican, said on June
29, 2015 that he would press the State Department
for a fuller accounting of Clintons emails, after the
Benghazi panel obtained 15 additional emails to Sidney
Blumenthal that the department had not provided to the
Committee.[144]
On September 12, 2015, Republican Senators Charles
Grassley and Ron Johnson, chairmen of the Senate
Judiciary and Homeland Security committees, respectively, said they will seek an independent review of
the deleted emails, if they are recovered from Clintons
server, to determine if there are any government related items among those deleted.[114] The Justice Department (DOJ), on behalf of the State Department has argued that personal emails are not federal records, that
courts lack the jurisdiction to demand their preservation,
and defended Clintons email practices in a court ling
on September 9, 2015. DOJ lawyers argued that federal employees, including Clinton, are allowed to discard personal emails provided they preserve those pertaining to public business. There is no question that
former Secretary Clinton had authority to delete personal emails without agency supervisionshe appropriately could have done so even if she were working on
a government server, the DOJ lawyers wrote in their
ling.[114]

5.4 Later responses by Clinton

Clintons responses to the question, made during her presidential campaign, have evolved over time.[88][145] Clinton initially said that there was no classied material on
her server.[88] Later, after a government review discovered some of her emails contained classied information,
she said she never sent or received information that was
marked classied.[88] Her campaign also said that other
emails contained information that is now classied, but
was retroactively classied by U.S. intelligence agencies
after Clinton had received the material.[146] See also the
section above on the May 2016 IG report for a number of
Clinton statements that were contradicted by the report,
and how she and her supporters responded afterwards.
Campaign spokesman Brian Fallon said: She was at
worst a passive recipient of unwitting information that
subsequently became deemed as classied.[146] Clinton
campaign spokeswoman Jennifer Palmieri has stressed
that Clinton was permitted to use her own email account
as a government employee and that the same process concerning classication reviews would still be taking place
had she used the standard 'state.gov' email account used

by most department employees.[93][147] Palmieri later

stated: Look, this kind of nonsense comes with the territory of running for president. We know it, Hillary knows
it, and we expect it to continue from now until Election
Day.[15]

HOUSE SELECT COMMITTEE ON BENGHAZI

the George W. Bush administration in 2007 for its secret White House email accounts.[159]

On Fox News Sunday, political analyst Juan Williams

contrasted the media coverage of Clintons emails to the
coverage of the 2007 Bush White House email controIn her rst national interview of the 2016 presidential versy.[160]
race, on July 7, 2015, Clinton was asked by CNN's
The Milwaukee Journal Sentinel published an editorial
Brianna Keilar about her use of private email accounts saying that the only believable reason for the private
while serving as Secretary of State. She said:
server in her basement was to keep her emails out of
Everything I did was permitted. There was
no law. There was no regulation. There was
nothing that did not give me the full authority to
decide how I was going to communicate. Previous secretaries of state have said they did the
same thing. Everything I did was permitted
by law and regulation. I had one device. When
I mailed anybody in the government, it would
go into the government system.[148]
On September 9, 2015, Clinton apologized during an
ABC News interview for using the private server, saying
she was sorry for that.[149]

the public eye by willfully avoiding freedom of information laws. No president, no secretary of state, no public
ocial at any level is above the law. She chose to ignore it, and must face the consequences.[161][162] PascalEmmanuel Gobry wrote in The Week that Clinton set up
a personal email server, in deance or at least circumvention of rules, with the probable motive of evading federal
records and transparency requirements, and did it with
subpar security.[163]

6 House Select Committee on

Benghazi

Appearing on NBCs Meet the Press on September 27,

2015, Clinton defended her use of the private email
server while she was secretary of state, comparing the
investigations to Republican-led probes of her husbands
presidential administration more than two decades ago,
saying, It is like a drip, drip, drip. And thats why I said,
theres only so much that I can control.[150]

On March 27, 2015, Republican Congressman Trey

Gowdy, Chairman of the Select Committee on Benghazi,
asserted that some time after October 2014, Clinton unilaterally decided to wipe her server clean and summarily decided to delete all emails.[164][165] Clintons attorney, David E. Kendall, said that day that an examination
Clinton and the State Department said the emails were not showed that no copies of any of Clintons emails remained
marked classied when sent. However, Clinton signed on the server. Kendall said the server was recongured to
a non-disclosure agreement which stated that classied only retain emails for 60 days after Clinton lawyers had
[166]
material may be marked or unmarked.[151][152][153][154] decided which emails needed to be turned over.
Additionally, the author of an email is legally required to
properly mark it as classied if it contains classied material, and to avoid sending classied material on a personal 6.1 Subpoenas for State Department testidevice, such as the ones used exclusively by Clinton.[155]
mony

5.5

Comparisons and media coverage

Media commentators have drawn comparisons of Clintons email usage to past political controversies.[156] Pacic Standard Magazine published an article in May 2015,
comparing email controversy and her response to it with
the Whitewater investigation 20 years earlier.[157]
In August 2015, Washington Post associate editor and
investigative journalist Bob Woodward, when asked
about Clintons handling of her emails, said they remind him of the Nixon tapes from the Watergate scandal.[158] On March 9, 2015, columnist Dana Milbank
wrote that the email aair was a a needless, self-inicted
wound brought about by debilitating caution in trying
to make sure an embarrassing e-mail or two didn't become public, which led to obsessive secrecy. Milibank
pointed out that Clinton herself had justiably criticized

On June 22, 2015, the Benghazi panel released emails between Clinton and Sidney Blumenthal, who had been recently deposed by the committee. Committee chairman
Gowdy issued a press release criticizing Clinton for not
providing the emails to the State Department.[167] Clinton had said she provided all work-related emails to the
State Department, and that only emails of a personal nature on her private server were destroyed. The State Department conrmed that 10 emails and parts of ve others
from Sidney Blumenthal regarding Benghazi, which the
Committee had made public on June 22, could not be located in the Departments records, but that the 46 other,
previously unreleased Libya-related Blumenthal emails
published by the Committee, were in the Departments
records. In response, Clinton campaign spokesman Nick
Merrill, when asked about the discrepancy said: She has
turned over 55,000 pages of materials to the State Department, including all emails in her possession from Mr.

9
Blumenthal.[168]
Republican Committee members were encouraged about
their probe, having found emails that Clinton did
not produce.[168][169] Clinton campaign sta accused
Gowdy and Republicans of clinging to their invented
scandal.[169]

6.2

Allegations of politicization

In response to comments made on September 29, 2015,

by House Republican Majority Leader Kevin McCarthy
about damaging Clintons poll numbers,[170] Minority
Leader Nancy Pelosi threatened to end the Democrats
participation in the committee.[171][172][173] Representative Louise Slaughter introduced an amendment to disband the committee, which was defeated in a partyline vote.[174] On October 7, the editorial board of The
New York Times called for the end of the committee.[175]
Representative Alan Grayson took step towards ling
an ethics complaint, calling the committee the new
McCarthyism and alleging that it violates both House
rules and federal law by using ocial funds for political purposes.[176] Richard L. Hanna, a Republican representative from New York,[177] and conservative pundit
Bill O'Reilly acknowledged the partisan nature of the
committee.[178]

6.3

Clintons testimony at public hearing

House Select Committee on Benghazi Hillary Clinton public

hearing

On October 22, 2015, Clinton testied before the

Committee and answered members questions for
eleven hours before the Committee in a public
hearing.[179][179][180][181]
The New York Times reported that the long day of oftentesty exchanges between committee members and their
prominent witness revealed little new information about
an episode that has been the subject of seven previous investigations...Perhaps stung by recent admissions
that the pursuit of Mrs. Clintons emails was politically
motivated, Republican lawmakers on the panel for the
most part avoided any mention of her use of a private

email server.[179] The email issue did arise shortly before lunch, in a shouting match between Republican
committee chair Trey Gowdy and two Democrats, Adam
Schi and Elijah Cummings.[179] Late in the hearing,
Representative Jim Jordan, Republican of Ohio, accused
Clinton of changing her accounts of the email service,
leading to a heated exchange in which Clinton repeated that she had made a mistake in using a private
email account, but maintained that she had never sent or
received anything marked classied and had sought to be
transparent by publicly releasing her emails.[179]

7 Freedom of Information lawsuits

7.1

Judicial Watch v. U.S. Department of

State

Judicial Watch, a nonprot advocacy organization, led

a complaint against the Department of State in the U.S.
District Court for the District of Columbia on September
10, 2013, seeking records under the federal Freedom of
Information Act relating to Clinton aide Huma Abedin (a
former deputy chief of sta and former senior advisor at
the State Department).[182][183] Judicial Watch was particularly interested in Abedins role as a special government employee (SGE), a consulting position which allowed her to represent outside clients while also serving at
the State Department.[182] After corresponding with the
State Department, Judicial Watch agreed to dismiss its
lawsuit on March 14, 2014.[182] On March 12, 2015, in
response to the uncovering of Clintons private email account, it led a motion to reopen the suit, alleging that the
State Department had misrepresented its search and had
not properly preserved and maintained records under the
act.[182] U.S. District Judge Emmet G. Sullivan granted
the motion to reopen the case on June 19, 2015.[184][185]
On July 21, 2015, Judge Sullivan issued supplemental
discovery orders, including one that Clinton, Abedin,
and former Deputy Secretary of State Cheryl Mills disclose any required information they had not disclosed already, and promise under oath that they had done so,
including a description of the extent Abedin and Mills
had used Clintons email server for ocial government
business.[186][187] On August 10, 2015, Clinton led her
declaration, stating I have directed that all my emails
on clintonemail.com in my custody that were or potentially were federal records be provided to the Department of State, and that as a result of this directive,
55,000 pages of emails were produced to the Department on December 5, 2014.[188][189][190] Clinton also said
in her statement that Abedin did have an email account
through clintonemail.com that was used at times for government business, but that Mills did not.[188][189][190] The
statement was led as Clinton faced questions over fteen emails in exchanges with Blumenthal that were not
among the emails she gave to the department the previous

10

year.[189] She did not address the matter of those emails in

the statement.[189] On September 25, 2015, several additional emails from her private server[191] surfaced that she
had not provided to the State Department.[191][192][193]
These emails between Clinton and General David Petraeus, discussing personnel matters, were part of an
email chain that started on a dierent email account before her tenure as Secretary of State,[191][192][193] but continued onto her private server[191] in late January 2009
after she had taken oce.[191][192][193] The existence of
these emails also called into question Clintons previous
statement that she did not use the server before March 18,
2009.[194]
In February 2016, Judge Sullivan issued a discovery order in the case, ruling that depositions of State Department ocials and top Clinton aides were to proceed.[195]
On May 26, 2016, Judicial Watch released the transcript of the deposition of Lewis Lukens,[196] on May 31,
2016, the transcript of Cheryl Mills,[197] on June 7, 2016,
the transcript of Ambassador Stephen Mull,[198] and on
June 9, 2016, Karin Lang, Director of Executive Secretariat Sta.[199] The testimony of Clarence Finney, who
worked in the department responsible for FOIA searches,
said that he rst became curious about Clintons email
setup after seeing the Texts from Hillary meme on the
Internet.[200]

7.3

FREEDOM OF INFORMATION LAWSUITS

Associated Press v. U.S. Department of

State

On March 11, 2015, the day after Clinton acknowledged

her private email account, the Associated Press (AP)
led suit against the State Department regarding multiple FOIA requests over the past ve years. The requests
were for various emails and other documents from Clintons time as secretary of state and were still unfullled
at the time.[213][214][215] The State Department said that a
high volume of FOIA requests and a large backlog had
caused the delay.[213][216]
On July 20, 2015, U.S. District Judge Richard J. Leon reacted angrily to what he said was the State Department
for four years dragging their feet.[216] Leon said that
even the least ambitious bureaucrat could process the
request faster than the State Department was doing.[217]
On August 7, 2015, Leon issued an order setting a stringent schedule for the State Department to provide the
AP with the requested documents over the next eight
months.[215] The order issued by Leon did not include
the 55,000 pages of Clinton emails the State Department
scheduled to be released in the Leopold case, or take
into account 20 boxes given to the State Department by
Philippe Reines, a former Clinton senior adviser.[215]

7.4 Other suits and coordination of email

cases

7.2

Jason Leopold v. U.S. Department of

State

In November 2014, Jason Leopold of Vice News made

a Freedom of Information Act request for Clintons State
Department records,[201][202] and, on January 25, 2015,
led a lawsuit in the U.S. District Court for the District of Columbia seeking to compel production of resposive documents.[201][202][203] After some dispute between
Leopold and the State Department over the request, U.S.
District Judge Rudolph Contreras ordered rolling production and release of the emails on a schedule set by the
State Department.[204][205][206]

In September 2015, the State Department led a motion

in court seeking to consolidate and coordinate the large
number of Freedom of Information Act lawsuits relating
to Clinton and Clinton-related emails. There were at the
time at least three dozen lawsuits are pending, before 17
dierent judges.[218][219]
In an U.S. District Court for the District of Columbia order issued on October 8, 2015, Chief U.S. District Judge
Richard W. Roberts wrote that the cases did not meet
the usual criteria for consolidation but: The judges who
have been randomly assigned to these cases have been
and continue to be committed to informal coordination
so as to avoid unnecessary ineciencies and confusion,
and the parties are also urged to meet and confer to assist
in coordination.[219]

In 2015, Judicial Watch and the Cause of Action Institute led two lawsuits seeking a court order to compel
the Department of State and the National Archives and
Records Administration to recover emails from Clintons
server. In January 2016, these two suits (which were consolidated because they involved the same issues) were dismissed as moot by U.S. District Judge James Boasberg,
because the government was already working to recover
[220]
The emails showed that Blumenthal communicated with and preserve these emails.
Clinton while Secretary on a variety of issues including In March 2016, the Republican National Committee led
four new complaints in the U.S. District Court for the
Benghazi.[143][210][211][212]
Over the next several months, the State Department completed production of 30,068 emails, which were released
in 14 batches, with the nal batch released on February
29, 2016.[207] Both the Wall Street Journal and Wikileaks
independently set up search engines for anyone who
would like to search through the Clinton emails released
by the State Department.[208][209]

11
District of Columbia stemming from Freedom of Infor- [11] Who Is Eric Hoteham? Clinton Private Server Listed
Under Mysterious, Untraceable Name CBS DC.
mation Act requests it had led the previous year. These
Washington.cbslocal.com. March 4, 2015. Retrieved
new lings brought the total number of civil suits over
April 1, 2015.
access to Clintons records pending in federal court to at
[221]
least 38.
[12] Sick, Gary (March 9, 2015). 5 questions: The Clinton
email Tarini Parti. Politico.com. Retrieved April 1,
In June 2016, in response to the Republican National
2015.
Committees complaints led on March 2016, the State
Department claims it will take 75 years to complete [13] Scott Shane and Michael S. Schmidt (August 8, 2015).
the review of documents which are responsive to the
Hillary Clinton Emails Take Long Path to Controversy.
complaints.[222] It has been observed that a delay of this
The New York Times. Retrieved August 8, 2015.
nature would cause the documents to remain out of public
view longer than the vast majority of classied documents [14] The Facts About Hillary Clintons Emails, The Brieng,
hillaryclinton.com: The server for her email was physiwhich must be declassied after 25 years,
cally located on her property, which is protected by U.S.
Secret Service. Retrieved August 17, 2015

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12

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13

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17

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9 External links

[205] Andrew Zajac & Billy House, Judge orders rolling release
of Clintons State Department e-mail, Bloomberg News
(May 20, 2015).

Update on NARAs Activities and Communications

Related to Email Management at the Department of
State by the National Archives and Records Administration

[206] Jason Leopold, Judge Orders State Department to Release Clinton Emails on Rolling Basis, Vice News (May
19, 2015).

Secretary Clinton Emails. United States Department of State

[207] Steven Lee Myers & Julie Hirschfeld Davis, Last Batch
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[208] Search Hillary Clintons Emails, Wall Street Journal, accessed April 17, 2016.
[209] WikiLeaks publishes searchable archive of Clinton
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[211] Emily Schultheis & Lauren Fox, State Department Releases More Hillary Clinton Emails, National Journal
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[212] Anita Kumar, Greg Gordon & Marisa Taylor,
Investigators now examining 305 Clinton emails for
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[215] Eric Tucker, Clinton records: Judge sets schedule for release to AP, Associated Press (August 7, 2015).
[216] Josh Gerstein, Judge slams State Department over Hillary
Clinton-related records, Politico (July 20, 2015).
[217] David Francis, Judge: The 'Least Ambitious Bureaucrat
Could Process Clintons Personal Emails Faster, Foreign
Policy (July 30, 2015).

The Facts About Hillary Clintons Emails at the

Hillary Clinton campaign website
Hillary Clinton Email Archive independently made
searcheable by Wikileaks

18

10

10
10.1

TEXT AND IMAGE SOURCES, CONTRIBUTORS, AND LICENSES

Text and image sources, contributors, and licenses

Text

Hillary Clinton email controversy Source: https://en.wikipedia.org/wiki/Hillary_Clinton_email_controversy?oldid=728092137 Contributors: Eloquence, Fred Bauder, Bueller 007, Darkwind, Tpbradbury, SEWilco, Dimadick, Moriori, Ich, Anythingyouwant, Neutrality,
Bender235, Giraedata, Scjessey, Allen3, BD2412, Tarc, MarnetteD, DVdm, Volunteer Marek, Bgwhite, Whoisjohngalt, Anders.Warga,
Raquel Baranow, Finell, Nil Einne, Muboshgu, Tim Pierce, Derek R Bullamore, Kendrick7, Doucettedouglas@hotmail.com, Slakr, Iridescent, PLawrence99cx, Courcelles, Wwengr, Cydebot, Gogo Dodo, Gaijin42, Zigzig20s, MelanieN, Albany NY, Rothorpe, Xb2u7Zjzc32,
Gandydancer, CommonsDelinker, Mattnad, Veriss1, Mydogtrouble, Ajfweb, Scott Illini, Ale2006, Oshwah, Wikidemon, Saturn star,
Joseph A. Spadaro, Grahamboat, Baseball Bugs, Poindexter Propellerhead, David.paige, Tom Reedy, Randy Kryn, All Hallows Wraith,
Drmies, Niceguyedc, John at Lancelotlinc, Callinus, Jvtregli, Immortal Horrors or Everlasting Splendors, Yobot, AnomieBOT, Tryptosh,
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Dawgs, KennethJohnKelly, Eyesnore, PraetorianFury, Everymorning, Sneekypat, EvergreenFir, Info por favor, I.am.a.qwerty, JWNoctis,
CFredkin, MagicatthemovieS, CaseyPenk, Soibangla, VictoriaGrayson, Mr. Spink, 3primetime3, MissPiggysBoyfriend, Esquivalience,
Srgio Itigo, KentSteelman, History2222, LDWaters, FedTruther, MusikBot, Rnjohnson18, Ghoul esh, SilverSurngSerpent, Edit semiprotected, Professor JR, SuperCarnivore591, Chrononem, Versus001, Manmanat, Webenji, Laurenmaton, Kneel behind Zod, ChatSean,
Weasele, Joeyinthehouse, D.Creish, WayfaringWanderer, Mouse001, Ekiph, Jwkenn01, RumorQuake, Parsley Man, CometEncke, Chloeridge, ICat Master, Eshadowfax, Postman2001, Averageguy007, Dspecial1, Reggie Wisecrack, The 321 kiddo, Roy Howard Mills, Henry
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