Hillary Clinton email controversy
This article's lead section may be too long for the length of the article. (June 2018)
The Hillary Clinton email controversy was a major public controversy arising from the use by Hillary Clinton of her family's private email server for official communications during her tenure as United States Secretary of State rather than official State Department email accounts maintained on secure federal servers. Those official communications included over 100 emails which contained classified information (but did not have classification markings) at the time they were sent, as well as 2,093 emails which were not marked classified but would retroactively be ranked as "confidential" by the State Department. Post-election analyses of media coverage during the 2016 presidential campaign show that the Clinton email controversy received the most extensive coverage of any topic.
The controversy unfolded against the backdrop of Clinton's 2016 presidential election campaign and hearings held by the United States House Select Committee on Benghazi. Some experts, officials, and members of Congress 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 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, though not their own private email servers.
After allegations were raised that some of the emails in question contained classified information, the Federal Bureau of Investigation (FBI) initiated an investigation regarding the origin and handling of classified emails on Clinton's server. FBI Director James Comey identified 110 emails as containing information that was classified at the time it was sent, including 65 emails deemed "Secret" and 22 deemed "Top Secret". None of these had classification markings. However, as noted in Clinton's non-disclosure agreement, unmarked classified information should be treated the same as marked classified information. An additional three email chains contained "portion markings", simply a "(C)" indicating "Confidential" in front of one or more paragraphs. These were not included in Comey's list of 110 because the State Department failed to confirm they were classified at the time they were sent. Clinton told the FBI she did not know the meaning of "(C)". Nearly 2,100 emails on the server were retroactively marked as classified by the State Department. In April 2018, Comey said that it was possible that his decision to announce the re-opening of the investigation was influenced by the fact that he thought it extremely likely that Clinton would become the next President.
News reports indicated that while some of the emails contained information that the government considered classified to the highest levels, the information was "innocuous" and not "particularly sensitive" because the emails discussed matters that were simultaneously available in the public domain—such as in newspapers—but the government "owning agency" that acquired that same information by secret means maintains and enforces the classification status nevertheless. The Los Angeles Times reported in October 2015, "Critics, including many current and former officials, have argued for years that the government classifies too much information, often for reasons that have little to do with actual security threats."
In May 2016, the State Department's Office of the Inspector General released an 83-page report about the State Department's email practices, including Clinton's. In July 2016, Comey announced that the FBI's investigation had concluded that Clinton was "extremely careless" in handling her email system but recommended that no charges be filed against her. On July 6, 2016, Attorney General Loretta Lynch announced that no charges would be filed. US presidential candidate Donald Trump used the nickname Crooked Hillary to criticize Clinton primarily in relation to the email controversy.
On October 28, 2016, just days before 2016 election day, Comey notified Congress that the FBI had started looking into newly discovered emails that may be pertinent to the case. On November 6, Comey notified Congress that the FBI had not changed its conclusion, reached in July, regarding Clinton's emails. Comey's decision to hold a speech concluding that Clinton was "extremely careless" in the summer of 2016 and then just days before the 2016 election announce the re-opening of the investigation were both highly contentious, with critics saying that Comey violated Department of Justice guidelines and precedent, and that he prejudiced the public against Clinton. Clinton herself, as well as other observers such as Nate Silver, argued that Comey's decision to reopen the investigation days before the election date was a factor in her loss in the 2016 presidential election. On June 14, 2018, the Department of Justice's Office of the Inspector General released its report into the FBI and DOJ's handling of Clinton's investigation.
Clinton's use of BlackBerrysEdit
Prior to her appointment as Secretary of State in 2009, Clinton and her circle of friends and colleagues communicated via BlackBerry phones. State Department security personnel suggested this would pose a security risk during her tenure. The email account used on Clinton's 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. It proved impractical to find 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.
Setting up a secure desktop computer in her office was suggested, but Clinton was unfamiliar with their use and opted for the convenience of her BlackBerry, not the State Department, government protocol of a secured desktop computer. Efforts to find a secure solution were abandoned by Clinton, and she was warned by State Department security personnel about the vulnerability of an unsecured BlackBerry to hacking. She affirmed 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 office.
Domain names and email serverEdit
At the time of Senate confirmation hearings on Hillary Clinton's nomination as Secretary of State, the domain names clintonemail.com, wjcoffice.com, and presidentclinton.com were registered to Eric Hoteham, with the home of Clinton and her husband in Chappaqua, New York, as the contact address. The domains were pointed to a private email server that Clinton (who never had a state.gov email account) used to send and receive email, and which was purchased and installed in the Clintons' home for her 2008 presidential campaign.
The email server was located in the Clintons' home in Chappaqua, New York, from January 2009 until 2013, when it was sent to a data center in New Jersey before being handed over to Platte River Networks, a Denver-based information technology firm that Clinton hired to manage her email system.
The server itself runs a Microsoft Exchange 2010 server with access to emails over the internet being delivered by Outlook Web App. The web page is secured with a TLS certificate to allow information to be transmitted securely when using the website. However, for the first two months of its use - January 2009 through March 29, 2009 - the web page was reportedly not secured with a TLS certificate, meaning that information transmitted using the service was unencrypted and may have been liable to interception.
As early as 2009, officials with the National Archives and Records Administration (NARA) expressed concerns over possible violations of normal federal government record-keeping procedures at the State Department under then-Secretary Clinton.
In December 2012, near the end of Clinton's tenure as Secretary of State, a nonprofit group called Citizens for Responsibility and Ethics in Washington, or CREW, filed a FOIA request seeking records about her email. CREW received a response in May 2013: "no records responsive to your request were located." Emails sent to Clinton's private clintonemail.com address were first discovered in March 2013, when a hacker named "Guccifer" widely distributed emails sent to Clinton from Sidney Blumenthal, which Guccifer obtained by illegally accessing Blumenthal's email account. The emails dealt with the 2012 Benghazi attack and other issues in Libya and revealed the existence of her clintonemail.com address.
In the summer of 2014, lawyers from the State Department noticed a number of emails from Clinton's personal account, while reviewing documents requested by the House Select Committee on Benghazi. A request by the State Department for additional emails led to negotiations with her lawyers and advisors. In October, the State Department sent letters to Clinton and all previous Secretaries of State back to Madeleine Albright requesting emails and documents related to their work while in office. On December 5, 2014, Clinton lawyers delivered 12 file boxes filled with printed paper containing more than 30,000 emails. Clinton withheld almost 32,000 emails deemed to be of a personal nature. Datto, Inc., which provided data backup service for Clinton's email, agreed to give the FBI the hardware that stored the backups.
As of May 2016, no answer had been provided to the public as to whether 31,000 emails deleted by Hillary Clinton as personal have been or could be recovered.
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. At that point, Clinton announced that she had asked the State Department to release her emails. Some in the media labeled the controversy "emailgate".
Use of private server for government businessEdit
According to Clinton's spokesperson Nick Merrill, a number of government officials have used private email accounts for official business, including secretaries of state before Clinton.
State Department spokesperson Marie Harf said that: "For some historical context, Secretary Kerry is the first secretary of state to rely primarily on a state.gov email account." John Wonderlich, a transparency advocate with the Sunlight Foundation, observed while many government officials used private email accounts, their use of private email servers was much rarer.
Dan Metcalfe, a former head of the Justice Department's Office 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 official emails, categorically, from the FOIA, both during her tenure at State and long after her departure from it—perhaps forever", making it "a blatant circumvention of the FOIA by someone who unquestionably knows better".
According to Harf, use by government officials of personal email for government business is permissible under the Federal Records Act, so long as relevant official communications, including all work-related emails, are preserved by the agency. The Act (which was amended in late 2014 after Clinton left office to require that personal emails be transferred to government servers within 20 days) requires agencies to retain all official communications, including all work-related emails, and stipulates that government employees cannot destroy or remove relevant records. NARA regulations dictate how records should be created and maintained, require that they must be maintained "by the agency" and "readily found", and that the records must "make possible a proper scrutiny by the Congress". Section 1924 of Title 18 of the United States Code addresses the deletion and retention of classified documents, under which "knowingly" removing or housing classified information at an "unauthorized location" is subject to a fine, or up to a year in prison.
Experts such as Metcalfe agree that these practices are allowed by federal law assuming that the material is not supposed to be classified, or at least these practices are allowed in case of emergencies, but they discourage these practices, believing that official email accounts should be used.
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 difficult to conceive of a scenario—short of nuclear winter—where an agency would be justified in allowing its cabinet-level head officer to solely use a private email communications channel for the conduct of government business." Baron told the Senate Judiciary Committee in May 2015 that "any employee's 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."
May 2016 report from State Department's inspector generalEdit
In May 2016, the Department's Office of the Inspector General Steve Linick released an 83-page report about the State Department's email practices. The Inspector General was unable to find evidence that Clinton had ever sought approval from the State Department staff for her use of a private email server, determining that if Clinton had sought approval, Department staff would have declined her setup because of the "security risks in doing so". Aside from security risks, the report stated that "she did not comply with the Department's policies that were implemented in accordance with the Federal Records Act." Each of these findings contradicted what Clinton and her aides had been saying up to that point. The report also stated that Clinton and her senior aides declined to speak with the investigators, while the previous four Secretaries of State did so.
The report also reviewed the practices of several previous Secretaries of State and concluded that the Department's recordkeeping practices were subpar for many years. The Inspector General criticized Clinton's use of private email for Department business, concluding that it was "not an appropriate method" of document preservation and did not follow Department policies that aim to comply with federal record laws. The report also criticized Colin Powell, who used a personal email account for business, saying that this violated some of the same Department policies. State Department spokesman Mark Toner said the report emphasized the need for federal agencies to adapt "decades-old record-keeping practices to the email-dominated modern era" and said that the Department's record-retention practices had been improved under the current Secretary of State John F. Kerry, Clinton's successor. The report also notes that the rules for preserving work-related emails were updated in 2009.
Inspector General Linick wrote that he "found no evidence that staff in the Office of the Legal Adviser reviewed or approved Secretary Clinton's personal system", and also found that multiple State employees who raised concerns regarding Clinton's server were told that the Office of the Legal Adviser had approved it, and were further told to "never speak of the Secretary's personal email system again".
Clinton campaign spokesman Brian Fallon issued a statement saying: "The report shows that problems with the State Department's 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." 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." The report stated that "By Secretary Clinton's tenure, the department's guidance was considerably more detailed and more sophisticated, Secretary Clinton's cybersecurity practices accordingly must be evaluated in light of these more comprehensive directives."
Server security and hacking attemptsEdit
Encryption and securityEdit
In 2008, before Hillary Clinton became Secretary of State, Justin Cooper, a longtime aide to Clinton's husband, former President Bill Clinton, managed the system. Cooper had no security clearance nor expertise in computer security. Later, Bryan Pagliano, the former IT director for Clinton's 2008 presidential campaign, was hired to maintain their private email server while Clinton was Secretary of State. Pagliano had invoked the Fifth Amendment during congressional questioning about Clinton's server. In early 2016, he was granted immunity by the Department of Justice in exchange for cooperation with prosecutors. A Clinton spokesman said her campaign was "pleased" Pagliano was now cooperating with prosecutors. As of May 2016, the State Department remained unable to locate most of Pagliano's work-related emails from the period when he was employed by that department under Secretary Clinton.
Security experts such as Chris Soghoian believe that emails to and from Clinton may have been at risk of hacking and foreign surveillance. Marc Maiffret, a cybersecurity expert, said that the server had "amateur hour" vulnerabilities. For the first two months after Clinton was appointed Secretary of State and began accessing mail on the server through her Blackberry, transmissions to and from the server were apparently not encrypted. On March 29, 2009, a digital certificate was obtained which would have permitted encryption.
Former Director of the Defense Intelligence Agency Michael T. Flynn, former United States Secretary of Defense Robert Gates, and former deputy director of the Central Intelligence Agency Michael Morell have said that it is likely that foreign governments were able to access the information on Clinton's server. Michael Hayden, former Director of the National Security Agency, Principal Deputy Director of National Intelligence, 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."
It is known that hackers were aware of Clinton's non-public email address as early as 2011. Secretary Clinton and her staff were aware of hacking attempts in 2011, and were reportedly worried about them.
In 2012, according to server records, a hacker in Serbia scanned Clinton's 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. During 2014, Clinton's server was the target of repeated intrusions originating in Germany, China, and South Korea. Threat monitoring software on the server blocked at least five such attempts. The software was installed in October 2013, and for three months prior to that, no such software had been installed.
According to Pagliano, security logs of Clinton's email server showed no evidence of successful hacking. 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. Clinton's assertion that her use of a personal email account […] did not put American secrets into the hands of hackers or foreign governments.
In 2013, Romanian hacker Marcel Lehel Lazăr (aka "Guccifer") distributed private memos from Sidney Blumenthal to Clinton on events in Libya. In 2016, Lazăr 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-profile U.S. figures, pleading guilty to these charges. While detained pending trial, Lazăr claimed to the media that he had successfully hacked Clinton's server, but provided no proof of this claim. Officials associated with the investigation told the media that they found no evidence supporting Lazăr's assertion, and Clinton press secretary Brian Fallon said "There is absolutely no basis to believe the claims made by this criminal from his prison cell." FBI Director James Comey later stated in a congressional hearing that Guccifer admitted his claim was a lie.
According to security researchers at Secureworks the email leak was caused by Threat Group-4127 (TG-4127), which targets governments, military, and international non-governmental organizations. CTU researchers believe the group was gathering information for the Russian Government.[third-party source needed]
Classified information in emailsEdit
In various interviews, Clinton has said that "I did not send classified material, and I did not receive any material that was marked or designated classified." However, in June and July 2016, a number of news outlets reported that Clinton's emails did include messages with classification "portion markings". The FBI investigation found that 110 messages contained information that was classified at the time it was sent. Sixty-five of those emails were found to contain information classified as "Secret"; more than 20 contained "Top-Secret" information. Three emails, out of 30,000, were found to be marked as classified, although they lacked classified headers and were only marked with a small "c" in parentheses, described as "portion markings" by Comey. He added it was possible Clinton was not "technically sophisticated" enough to understand what the three classified markings meant.
Clinton personally wrote 104 of the 2,093 emails that were retroactively found to contain information classified as "confidential." Of the remaining emails that were classified after they were sent, Clinton aide Jake Sullivan wrote the most, at 215.
According to the State Department, there were 2,093 email chains on the server that were retroactively marked as classified by the State Department at the "Confidential" confidential level. TG-4127 accessed Hillary for America Campaign Gmail accounts through spoofed login pages. Victims thought they were standard pages and hackers were able to access their email account.[third-party source needed]
State Department inspector general reports and statementsEdit
A June 29, 2015, memorandum from the Inspector General of the State Department, Steve A. Linick, said that a review of the 55,000-page email release found "hundreds of potentially classified emails". 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 confirmed that several of the emails contained classified information that was not marked as classified, at least one of which was publicly released.
On July 24, 2015, Linick and McCullough said they had discovered classified information on Clinton's email account, but did not say whether Clinton sent or received the emails. Investigators from their office, searching a randomly chosen sample of 40 emails, found four that contained classified information that originated from U.S. intelligence agencies, including the Central Intelligence Agency (CIA) and the National Security Agency (NSA). Their statement said that the information they found was classified when sent, remained so as of their inspection, and "never should have been transmitted via an unclassified personal system".
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. The letter stated that none of the emails were marked as classified, but because they included classified information they should have been marked and handled as such, and transmitted securely.
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 classified labels of "TK" (for "Talent Keyhole", indicating material obtained by aerial or space-based imagery sources and NOFORN). One is a discussion of a news article about a U.S. drone strike operation. The second, he said, either referred to classified material or else was "parallel reporting" of open-source intelligence, which might still be classified by the government "owning agency" that sourced the information by secret means even though the same information was also available in the public domain. Clinton's presidential campaign and the State Department disputed the letter, and questioned whether the emails had been over-classified by an arbitrary process. According to an unnamed source, a secondary review by the CIA and the National Geospatial-Intelligence Agency endorsed the earlier inspectors general findings concluding that the emails (one of which concerned North Korea's 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.
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 officials 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 referenced by the emails. NBC News reported on January 20, 2016 that senior American officials described these emails as "innocuous" because—although they discussed the CIA drone program that is technically classified TOP SECRET/SAP—the existence of the CIA drone program had been widely known and discussed in the public domain for years. These officials characterized the IC inspector general as unfair in how he had handled the issue.
On January 29, 2016, the State Department announced that 22 documents from Clinton's email server would not be released because they contained highly classified information that was too sensitive for public consumption. At the same time, the State Department announced that it was initiating its own investigation into whether the server contained information that was classified at the time it was sent or received.
In February 2016, State Department IG Linick addressed another report to Under Secretary of State Kennedy, stating his office had also found classified material in 10 emails in the personal email accounts of members of former Secretary Condoleezza Rice's staff and in two emails in the personal email account of former Secretary of State Colin Powell. None of the emails were classified for intelligence reasons. PolitiFact found a year earlier that Powell was the only former secretary of state to use a personal email account. In February 2016, Clinton's campaign chairman issued a statement claiming that her emails, like her predecessors', were "being inappropriately subjected to over-classification."
July 2015 – Security referralEdit
The State Department and Intelligence Community (IC) inspector generals' discovery of four emails containing classified information, out of a random sample of 40, prompted them to make a security referral to the FBI's counterintelligence office, to alert authorities that classified information was being kept on Clinton's server and by her lawyer on a thumb drive. As part of an FBI probe at the request of the IC inspector general, Clinton agreed to turn over her email server to the U.S. Department 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 committee's inquiry. Clinton's own emails are being made public in stages by the State Department on a gradual schedule.
In a letter describing the matter to Senator Ron Johnson, Chairman of the Senate Homeland Security Committee, Clinton's 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. Kendall said the thumb drives had been stored in a safe provided to him in July by the State Department.
August 2015 – Investigation continues; email recoveryEdit
On August 20, 2015, U.S. District Judge Emmet G. Sullivan stated that Hillary Clinton's actions of maintaining a private email server were in direct conflict with U.S. government policy. "We wouldn't be here today if this employee had followed government policy," he said, and ordered the State Department to work with the FBI to determine if any emails on the server during her tenure as Secretary of State could be recovered.
Platte River Networks, the Denver-based firm that managed the Clinton server since 2013, said it had no knowledge of the server being wiped. "Platte River has no knowledge of the server being wiped", company spokesman Andy Boian told the Washington Post. "All the information we have is that the server wasn't wiped." When asked by the Washington Post, the Clinton campaign declined to comment.
In September 2015, FBI investigators were engaged in sorting messages recovered from the server. 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.
May–July 2016 – Public statementsEdit
In May 2016, FBI Director James Comey said that Clinton's description of the probe as a "security inquiry" was inaccurate saying "It's in our name. I'm not familiar with the term 'security inquiry'" and "We're conducting an investigation ... That's what we do".
In late June 2016, it was reported that Bill Clinton met privately with Attorney General Loretta Lynch on her private plane on the tarmac at Phoenix Sky Harbor International Airport. Officials indicated that the 30 minute meeting took place when Clinton became aware that Lynch's plane was on the same tarmac at the airport. When the meeting became public, Lynch stated that it was "primarily social" and "there was no discussion of any matter pending for the department or any matter pending for any other body". Lynch was criticized for her involvement in the meeting and was called on by some critics to recuse herself from involvement in the FBI's investigation of the email case. In response, she stated "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", but "the case will be resolved by the same team that has been working on it from the beginning" and "I will be accepting their recommendations."
On July 1, 2016, the New York Times reported in the name of a "Justice Department official" that Attorney General Loretta Lynch will accept "whatever recommendation career prosecutors and the F.B.I. director make about whether to bring charges related to Hillary Clinton's personal email server."
Clinton maintained she did not send or receive any confidential emails from her personal server. In a Democratic debate with Bernie Sanders on February 4, 2016, Clinton said, "I never sent or received any classified material." In a Meet the Press interview on July 2, 2016, she stated: "Let me repeat what I have repeated for many months now, I never received nor sent any material that was marked classified."
July 2016 – Investigation concludesEdit
On July 5, 2016, FBI Director Comey announced in a statement he read to press and television reporters at FBI headquarters in Washington, DC, that the FBI had completed its investigation and was referring it to the State Department with the recommendation "that no charges are appropriate in this case." He added, "Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case."
With regard to mishandling of classified information, Comey said, "there is evidence that they [Clinton and her team] were extremely careless in their handling of very sensitive, highly classified information." The investigation found 110 emails that should have been regarded as classified at the time they were sent; another 2,000 emails were retroactively classified which means they were not classified at the time they were sent. Comey said that "any reasonable person in Secretary Clinton's position, or in the position of those government employees with whom she was corresponding … should have known that an unclassified system was no place for that conversation."
The FBI learned that Clinton used her personal email extensively while outside the United States, both sending and receiving work-related emails in the territory of sophisticated adversaries. The FBI did not find "direct evidence that Secretary Clinton's personal e-mail domain … was successfully hacked"; they assessed it "possible that hostile actors gained access" to it. Investigators found that State Department employees often used private emails to conduct business. Comey noted, "We also developed evidence that the security culture of the State Department in general, and with respect to use of unclassified e-mail systems in particular, was generally lacking in the kind of care for classified information found elsewhere in the government."
On July 6, 2016, Lynch confirmed that the investigation into Hillary Clinton's use of private email servers while secretary of state would be closed without criminal charges.
October 2016 – Additional investigationEdit
In early October 2016, FBI criminal investigators working on a case involving former Congressman Anthony Weiner allegedly sending sexually explicit texts to a fifteen-year-old girl discovered emails from Weiner's estranged wife, Huma Abedin, vice chair of Hillary Clinton's 2016 presidential campaign, that they considered potentially relevant to the Clinton server investigation. FBI officials reportedly decided to disclose the development despite its potential effect on the pending presidential election to preempt the possibility that it would be leaked in another way.
On October 28, 2016, Comey informed Congress that "in connection with an unrelated case, the FBI has learned of the existence of emails that appear pertinent to the investigation." He said the FBI will take "appropriate investigative steps designed to allow investigators to review these emails to determine whether they contain classified information, as well as to assess their importance to our investigation." He added that the FBI "cannot yet assess whether or not this material may be significant." The FBI obtained a new search warrant to allow them to review Abedin's emails.
Comey informed Congress of this additional investigation despite having been advised by Justice Department officials that such an announcement would violate department policies and procedures, including a policy not to comment on investigations close to an election. Comey later explained, in a letter to FBI employees, "We don't ordinarily tell Congress about ongoing investigations, but here I feel an obligation to do so given that I testified repeatedly in recent months that our investigation was completed." Law enforcement sources added that he feared he would be accused of concealing relevant information if he did not disclose it.
News of this renewed investigation being revealed shortly before the U.S. presidential election led to the announcement being described as an "October surprise", and prompted statements from both the Democratic and Republican campaigns. Donald Trump repeated his characterization that Hillary Clinton's email usage as secretary of state was "worse than Watergate." Clinton called for the FBI to immediately release all information about the newly discovered emails and said she was confident the FBI would not change its earlier conclusion that there is no basis for criminal prosecution. Senator Dianne Feinstein (D-CA) said she was "shocked" by the letter, saying it "played right into the political campaign of Donald Trump."
On November 6, in another letter to Congress, Comey stated that, after working "around the clock" to review all of the newly discovered emails, the FBI had not changed the conclusion it reached in July. An unnamed government official added that the newly discovered emails turned out to be either personal or duplicates of emails previously reviewed, and that Comey's letter represents a conclusion of the investigation. The following day, stock and currency markets around the world surged in response.
On November 12, during a conference call to top donors, Hillary Clinton attributed her presidential election loss to Comey's announcements, saying they stopped her momentum. In January 2017, the US Justice Department started an investigation of Comey's announcements.
Senate probes Loretta Lynch interferenceEdit
According to Comey's June 8, 2017, testimony to the Senate Intelligence Committee, then-Attorney General Loretta Lynch had asked him to downplay the investigation into Clinton's emails by calling it a "matter" rather than an investigation. He said the request "confused and concerned" him. He added that Lynch's tarmac meeting with Bill Clinton also influenced his decision to publicly announce the results of the FBI probe.
On June 23, 2017, several members of the Senate Judiciary Committee opened a bipartisan inquiry into whether former Attorney General Lynch interfered in the FBI's investigation into Hillary Clinton's use of a private email server.
Internal State Department investigationEdit
On July 7, 2016, the internal State Department resumed its review of whether classified information had been mishandled. The review had been suspended until the completion of the Justice Department investigation.
Department of Justice Inspector General's reportEdit
The Inspector General of the Department of Justice (IG) launched an investigation into how the DOJ and FBI had handled the investigation into Clinton's email. On June 14, 2018, the IG issued a report that was highly critical of Comey's actions. Regarding his July press conference, in which he criticized Clinton even while announcing the investigation was over, the IG said it was "extraordinary and insubordinate for Comey to conceal his intentions (about the press conference) from his superiors", and that "we found none of his reasons to be a persuasive basis for deviating from well-established Department policies." Comey's October decision to send a letter notifying Congress that the investigation had been re-opened one week before the election was described as "ad-hoc" and "a serious error in judgment". However, the IG concluded that prosecutorial decisions in the Clinton case were consistent with precedent and were not affected by bias.
Opinions of journalists and expertsEdit
According to the New York Times, if Clinton was a recipient of classified emails, "it is not clear that she would have known that they contained government secrets, since they were not marked classified." The newspaper reported that "most specialists believe the occasional appearance of classified information in the Clinton account was probably of marginal consequence." Steven Aftergood, director of the Project on Government Secrecy at the Federation of American Scientists, said that inadvertent "spillage" of classified information into an unclassified realm is a common occurrence.
Reuters' August 2015 review 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 identifies as "foreign government information", defined by the U.S. government as "any information, written or spoken, provided in confidence to U.S. officials by their foreign counterparts." Although unmarked, Reuters' examination appeared to suggest that these emails "were classified from the start." J. William Leonard, a former director of the NARA Information Security Oversight Office, said that such information is "born classified" and that "[I]f a foreign minister just told the secretary of state something in confidence, by U.S. rules that is classified at the moment it's in U.S. channels and U.S. possession." According to Reuters, the standard U.S. government nondisclosure agreement "warns people authorized to handle classified information that it may not be marked that way and that it may come in oral form." The State Department "disputed Reuters' analysis" but declined to elaborate.
The Associated Press reported, "Some officials said they believed the designations were a stretch—a knee-jerk move in a bureaucracy rife with over-classification." Jeffrey Toobin, in an August 2015 New Yorker article, wrote that the Clinton email affair is an illustration of overclassification, a problem written about by Senator Daniel Patrick Moynihan in his book Secrecy: The American Experience. Toobin writes that "government bureaucracies use classification rules to protect turf, to avoid embarrassment, to embarrass rivals—in short, for a variety of motives that have little to do with national security." Toobin wrote that "It's not only the public who cannot know the extent or content of government secrecy. Realistically, government officials can't know either—and this is Hillary Clinton's problem. Toobin noted that "one of Clinton's potentially classified email exchanges is nothing more than a discussion of a newspaper story about drones" and wrote: "That such a discussion could be classified underlines the absurdity of the current system. But that is the system that exists, and if and when the agencies determine that she sent or received classified information through her private server, Clinton will be accused of mishandling national-security secrets."
In an analysis of the Clinton email controversy published by the Brookings Institution, Richard Lempert wrote that "security professionals have a reputation for erring in the direction of overclassification." 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 classified information in the Clinton emails should not have been classified," since an estimated 50 percent to 90 percent of classified documents could be made public without risking national security. Nate Jones, an expert with the National Security Archive at George Washington University, said: "Clinton's mistreatment of federal records and the intelligence community's 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 overclassification while you do it."'
House Oversight Committee hearingEdit
On July 7, 2016, Comey was questioned for 5 hours by the United States House Committee on Oversight and Government Reform. Comey stated that there was "evidence of mishandling" of classified information and that he believed that Clinton was "extremely careless; I think she was negligent". He defended the FBI's recommendation against bringing charges because it "… would have been unfair and virtually unprecedented …"
Responses and analysisEdit
Clinton's initial responseEdit
Clinton's spokesman Nick Merrill defended Clinton's usage of her personal server and email accounts as being in compliance with the "letter and spirit of the rules".
Clinton herself stated she had done so as a matter of "convenience".
On March 10, 2015, while attending a conference at the headquarters of the United Nations in Manhattan, Clinton spoke with reporters for about 20 minutes. Clinton said 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." It was later determined that Clinton had used both an iPad and a BlackBerry while Secretary of State.
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 she 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. State Department employees do have the right to delete personal emails.
Clinton has used humor to try to shrug off the scandals. 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." 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 off, saying there was nothing interesting and joking that she was offended people found her emails 'boring'.
Clinton initially said that there was no classified material on her server. Later, after a government review discovered some of her emails contained classified information, she said she never sent or received information that was marked classified. Her campaign claimed other emails contained information that is now classified, but was retroactively classified by U.S. intelligence agencies after Clinton had received the material. 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 afterward.
Campaign spokesman Brian Fallon said: "She was at worst a passive recipient of unwitting information that subsequently became deemed as classified." 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 classification reviews would still be taking place had she used the standard 'state.gov' email account used by most department employees." 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."
In her first national interview about the 2016 presidential race, on July 7, 2015, Clinton was asked by CNN's Brianna Keilar about her use of private email accounts while serving as Secretary of State. She said:
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.
On September 9, 2015, Clinton apologized during an ABC News interview for using the private server, saying she was "sorry for that." Appearing on NBC's 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 husband's presidential administration more than two decades ago, saying, "It is like a drip, drip, drip. And that's why I said, there's only so much that I can control".
Clinton and the State Department said the emails were not marked classified when sent. However, Clinton signed a non-disclosure agreement which stated that classified material may be "marked or unmarked". Additionally, the author of an email is legally required to properly mark it as classified if it contains classified material, and to avoid sending classified material on a personal device, such as the ones used exclusively by Clinton.
Clinton maintained that she did not send or receive any confidential emails from her personal server. In a Democratic debate with Bernie Sanders on February 4, 2016, Clinton said, "I never sent or received any classified material." In a Meet the Press interview on July 2, 2016, Clinton stated: "Let me repeat what I have repeated for many months now, I never received nor sent any material that was marked classified."
In an interview with Fox News in late July 2016, Clinton stated "Director Comey said my answers were truthful, and what I've said is consistent with what I have told the American people, that there were decisions discussed and made to classify retroactively certain of the emails." The Washington Post awarded Clinton four "Pinocchios", its worst rating, for her statement saying "While Comey did say there was no evidence she lied to the FBI, that is not the same as saying she told the truth to the American public."
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. The Times reported, "None of the Democrats interviewed went so far as to suggest that the email issue raised concerns about Mrs. Clinton's ability to serve as president, and many expressed a belief that it had been manufactured by Republicans in Congress and other adversaries." At the same time, many Democratic leaders showed increasing frustration among party leaders of Clinton's handling of the email issue. 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." Other prominent Democrats, such as Governor Dannel P. Malloy of Connecticut, were less concerned, noting the campaign was at an early stage and that attacks on Clinton were to be expected.
At the October 2015 primary debate, Clinton's 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!" Sanders later clarified that he thought Clinton's emails were a "very serious issue", but Americans want a discussion on issues that are "real" to them, such as paid family and medical leave, college affordability, and campaign finance reform.
"But her emails!" became a meme during and following the 2016 election, often used in a joking or mocking way. Democrats used it to express the idea that whenever Trump was criticized for something or accused of something, his supporters would try to change the subject to talk about Clinton’s emails. Clinton herself echoed the phrase in June 2018, when the Justice Department's Inspector General issued a report on how the investigation of her use of email was conducted. It revealed that FBI Director Comey had used a personal email account to conduct FBI business; Clinton’s response was a Twitter comment, "But my emails!"
Republican National Committee chairman Reince Priebus said, in a statement regarding the June 30, 2015 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." Trey Gowdy said on June 29, 2015, that he would press the State Department for a fuller accounting of Clinton's emails, after the Benghazi panel retrieved 15 additional emails to Sidney Blumenthal that the department had not provided to the Committee.
On September 12, 2015, Republican Senators Charles Grassley and Ron Johnson, chairmen of the Senate Judiciary and Homeland Security committees, respectively, said they would seek an independent review of the deleted emails, if they were recovered from Clinton's server, to determine if there were any government related items among those deleted.
Comparisons and media coverageEdit
Analyses by Columbia Journalism Review, the Berkman Klein Center for Internet and Society at Harvard University, and the Shorenstein Center at the Harvard Kennedy School show that the Clinton email controversy received more coverage in mainstream media outlets than any other topic during the 2016 presidential election. The New York Times coverage of the email controversy was notoriously extensive; according to a Columbia Journalism Review analysis, "in just six days, The New York Times ran as many cover stories about Hillary Clinton's emails as they did about all policy issues combined in the 69 days leading up to the election (and that does not include the three additional articles on October 18, and November 6 and 7, or the two articles on the emails taken from John Podesta)." In attempting to explain the lopsided coverage, the Columbia Journalism Review speculates, "In retrospect, it seems clear that the press in general made the mistake of assuming a Clinton victory was inevitable, and were setting themselves as credible critics of the next administration."
Media commentators drew comparisons of Clinton's email usage to past political controversies. Pacific Standard Magazine published an article in May 2015, comparing email controversy and her response to it with the Whitewater investigation 20 years earlier.
In August 2015, Washington Post associate editor and investigative journalist Bob Woodward, when asked about Clinton's handling of her emails, said they remind him of the Nixon tapes from the Watergate scandal. On March 9, 2015, liberal columnist and Clinton supporter Dana Milbank wrote that the email affair was "a needless, self-inflicted 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." Milbank pointed out that Clinton herself had justifiably criticized the George W. Bush administration in 2007 for its "secret" White House email accounts.
On Fox News Sunday, political analyst Juan Williams contrasted the media coverage of Clinton's emails to the coverage of the 2007 Bush White House email controversy which he claimed received "just about zero press coverage". PolitiFact found Williams' assertion to be "mostly false", concluding "We found hundreds of articles and television transcripts referencing the issue. Still, Williams has something of a point that compared to the extensive recent coverage of Clinton's use of private email, media coverage of the 2007 Bush White House email controversy was thin."
The Milwaukee Journal Sentinel published an editorial opining that "the only believable reason for the private server in her basement was to keep her emails out of the public eye by willfully avoiding freedom of information laws. No president, no secretary of state, no public official at any level is above the law. She chose to ignore it, and must face the consequences." Pascal-Emmanuel Gobry wrote in The Week that "Clinton set up a personal email server, in defiance or at least circumvention of rules, with the probable motive of evading federal records and transparency requirements, and did it with subpar security."
On November 2, 2016, Fox News anchor Bret Baier reported that according to Fox's anonymous sources the FBI had discovered that Clinton's private server had been hacked by "five foreign intelligence agencies". Baier further reported that according to an anonymous source an FBI investigation of the Clinton Foundation was "likely" to lead to an indictment of Hillary Clinton. On November 4, 2016, he acknowledged that his assertions were a mistake, saying, "indictment obviously is a very loaded word", and that he was sorry.
House Select Committee on BenghaziEdit
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." Clinton's attorney, David E. Kendall, said that day that an examination showed that no copies of any of Clinton's emails remained on the server. Kendall said the server was reconfigured to only retain emails for 60 days after Clinton lawyers had decided which emails needed to be turned over.
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. 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 confirmed that 10 emails and parts of five others from Sidney Blumenthal regarding Benghazi, which the Committee had made public on June 22, could not be located in the Department's records, but that the 46 other, previously unreleased Libya-related Blumenthal emails published by the Committee, were in the Department's 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. Blumenthal." Republican Committee members were encouraged about their probe, having found emails that Clinton failed to produce. Clinton campaign staff accused Gowdy and Republicans of "clinging to their invented scandal".
In response to comments that House Republican Majority Leader Kevin McCarthy made on September 29, 2015, about damaging Clinton's poll numbers, Minority Leader Nancy Pelosi threatened to end the Democrats' participation in the committee. Representative Louise Slaughter (D-NY) introduced an amendment to disband the committee, which was defeated in a party-line vote. On October 7, the editorial board of The New York Times called for the end of the committee. Representative Alan Grayson (D-FL) took step towards filing an ethics complaint, calling the committee "the new McCarthyism", alleging it was violating both House rules and federal law by using official funds for political purposes. Richard L. Hanna, (R-NY), and conservative pundit Bill O'Reilly acknowledged the partisan nature of the committee.
The New York Times reported that "the long day of often-testy 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. Clinton's emails was politically motivated, Republican lawmakers on the panel for the most part avoided any mention of her use of a private email server." The email issue did arise shortly before lunch, in "a shouting match" between Republican committee chair Trey Gowdy and two Democrats, Adam Schiff and Elijah Cummings. Late in the hearing, Republican Representative Jim Jordan of Ohio accused Clinton of changing her accounts of the email service, leading to a "heated exchange" in which Clinton said that she had erred in making a private email account, but denied having dealt with anything marked classified, instead seeking "to be transparent by publicly releasing her emails."
Freedom of Information lawsuitsEdit
Judicial Watch v. U.S. Department of StateEdit
Judicial Watch, an conservative activist group, filed 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 staff and former senior advisor at the State Department). Judicial Watch was particularly interested in Abedin's role as a "special government employee" (SGE), a consulting position which allowed her to represent outside clients while also serving at the State Department. After corresponding with the State Department, Judicial Watch agreed to dismiss its lawsuit on March 14, 2014. On March 12, 2015, in response to the uncovering of Clinton's private email account, it filed 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. U.S. District Judge Emmet G. Sullivan granted the motion to reopen the case on June 19, 2015.
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 Clinton's email server for official government business.
On August 10, 2015, Clinton filed 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. She 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. The statement was filed as Clinton faced questions over fifteen emails in exchanges with Blumenthal that were not among the emails she gave to the department the previous year. She did not address the matter of those emails in the statement. On September 25, 2015, several additional emails from her private server surfaced which she had not provided to the State Department. These emails between Clinton and General David Petraeus, discussing personnel matters, were part of an email chain that started on a different email account before her tenure as Secretary of State, but continued onto her private server in late January 2009 after she had taken office. The existence of these emails also called into question Clinton's previous statement that she did not use the server before March 18, 2009.
In February 2016, Judge Sullivan issued a discovery order in the case, ruling that depositions of State Department officials and top Clinton aides were to proceed. On May 26, 2016, Judicial Watch released the transcript of the deposition of Lewis Lukens, on May 31, 2016, the transcript of Cheryl Mills, on June 7, 2016, the transcript of Ambassador Stephen Mull, and on June 9, 2016, Karin Lang, Director of Executive Secretariat Staff.
The testimony of Clarence Finney, who worked in the department responsible for FOIA searches, said that he first became curious about Clinton's email setup after seeing the Texts from Hillary meme on the Internet.
Jason Leopold v. U.S. Department of StateEdit
In November 2014, Jason Leopold of Vice News made a Freedom of Information Act request for Clinton's State Department records, and, on January 25, 2015, filed a lawsuit in the U.S. District Court for the District of Columbia seeking to compel production of responsive documents. 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.
Over the next several months, the State Department completed production of 30,068 emails, which were released in 14 batches, with the final batch released on February 29, 2016. 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.
It was revealed in October 2017 that during the 2016 US Presidential election, Cambridge Analytica funder and GOP mega-donor Rebekah Mercer had proposed creating a searchable data base for Hillary Clinton emails in the public domain and then forwarded this suggestion to several people, including Cambridge Analytica CEO Alexander Nix, who personally emailed a request to Julian Assange for Clinton's emails. Assange responded to the report by saying he denied Nix's request.
Associated Press v. U.S. Department of StateEdit
On March 11, 2015, the day after Clinton acknowledged her private email account, the Associated Press (AP) filed suit against the State Department regarding multiple FOIA requests over the past five years. The requests were for various emails and other documents from Clinton's time as secretary of state and were still unfulfilled at the time. The State Department said that a high volume of FOIA requests and a large backlog had caused the delay.
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". Leon said that "even the least ambitious bureaucrat" could process the request faster than the State Department was doing.
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. 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.
Other suits and coordination of email casesEdit
In September 2015, the State Department filed 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 different judges.
In a 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 inefficiencies and confusion, and the parties are also urged to meet and confer to assist in coordination."
In 2015, Judicial Watch and the Cause of Action Institute filed two lawsuits seeking a court order to compel the Department of State and the National Archives and Records Administration to recover emails from Clinton's 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 and preserve these emails.
In March 2016, the Republican National Committee filed four new complaints in the U.S. District Court for the District of Columbia stemming from Freedom of Information Act requests it had filed the previous year. These new filings brought the total number of civil suits over access to Clinton's records pending in federal court to at least 38.
In June 2016, in response to the Republican National Committee's complaints filed in March 2016, the State Department estimates it will take 75 years to complete the review of documents which are responsive to the complaints. It has been observed that a delay of this nature would cause the documents to remain out of public view longer than the vast majority of classified documents which must be declassified after 25 years.
- "Don't blame the election on fake news. Blame it on the media". Columbia Journalism Review. Retrieved 2017-12-07.
- "News Coverage of the 2016 National Conventions: Negative News, Lacking Context". Shorenstein Center. 2016-09-21. Retrieved 2017-12-07.
- "Partisanship, Propaganda, and Disinformation: Online Media and the 2016 U.S. Presidential Election | Berkman Klein Center". cyber.harvard.edu. Retrieved 2017-12-07.
- "Fact-check: Comey didn't say he reopened Clinton investigation because of poll numbers". Politico. Retrieved 2018-04-18.
- "AP Exclusive: Top secret Clinton emails include drone talk". Retrieved April 21, 2018.
- "Officials: New Top Secret Clinton Emails 'Innocuous'". Retrieved April 21, 2018.
- Halper, Brian Bennett, Evan. "What you need to know about Hillary Clinton's emails". latimes.com. Retrieved April 21, 2018.
- Schallhorn, Kaitlyn (April 17, 2018). "Trump's nicknames for rivals, from 'Rocket Man' to 'Pocahontas'". Fox News. Retrieved April 21, 2018.
- Schouten, Fredreka, Kevin Johnson & Heidi Przybyla (November 6, 2016). "FBI declares it is finally done investigating Hillary Clinton's email". USA Today.
- "Will Comey survive the Clinton email flap?". Politico. Retrieved 2018-04-18.
- "Highlights of DOJ inspector general report on handling of Clinton email probe". CBS News. June 14, 2018. Retrieved 2018-06-15.
- "How Clinton's email scandal took root". The Washington Post. Retrieved July 6, 2016.
- "Hillary Clinton Is Criticized for Private Emails in State Dept. Review". The New York Times. May 26, 2016. Retrieved July 6, 2016.
- "Not 'allowed': Clinton's email talk misses the mark". politifact.com. Retrieved July 6, 2016.
- "NSA Refused Clinton a Secure Phone, She Set Up Private Server Instead". lawnewz.com. Retrieved July 6, 2016.
- "Hillary Clinton Wasn't Adept at Using a Desktop for Email, Inquiry Is Told". The New York Times. May 27, 2016. Retrieved July 6, 2016.
- "Hillary Clinton: Private email set up for 'convenience'". BBC. Retrieved July 6, 2016.
- "Revealed: Clinton's office was warned over private email use". Retrieved July 6, 2016.
- Robert O'Harrow Jr. (March 27, 2016). "How Clinton's email scandal took root". The Washington Post. Retrieved March 28, 2016.
The issue here is one of personal comfort", one of the participants in that meeting, Donald Reid, the department's senior coordinator for security infrastructure, wrote afterward in an email that described Clinton's inner circle of advisers as "dedicated [BlackBerry] addicts"...."Her attention was drawn to the sentence that indicates (Diplomatic Security) have intelligence concerning this vulnerability during her recent trip to Asia....
- Meghan Keneally (March 5, 2015). "Hillary Clinton Email Mystery Man: What We Know About Eric Hoteham". ABC News. Retrieved March 19, 2015. (The name Eric Hoteham is similar to that of Eric Hothem, a former Clinton aide.)
- "Who Is Eric Hoteham? Clinton Private Server Listed Under Mysterious, Untraceable Name". Washington.cbslocal.com. March 4, 2015. Retrieved April 1, 2015.
- Sick, Gary (March 9, 2015). "5 questions: The Clinton email". Politico.com. Retrieved April 1, 2015.
- Scott Shane; Michael S. Schmidt (August 8, 2015). "Hillary Clinton Emails Take Long Path to Controversy". The New York Times. Retrieved August 8, 2015.
- Eric Tucker, "Clinton Aides Agree to Preserve Emails after Judge's Order", Associated Press, August 13, 2015.
- Natasha Bertrand, "VP of Cybersecurity Firm Hired by Hillary Clinton: 'We would never have taken it on' if we knew of the ensuing chaos", Business Insider, August 19, 2015.
- Tom Hamburger; Karen Tumulty (August 12, 2015). "Hillary Clinton's e-mail server turned over to FBI". The Washington Post. Retrieved August 14, 2015.
- Labott, Elise (August 11, 2015). "Hillary Clinton to turn over private email server to Justice Department". CNN. Retrieved August 12, 2015.
- Dilanian, Ken (August 11, 2015). "Clinton relents, gives up possession of private email server". Associated Press.
- "Update: Clinton's e-mail is on a hosted Exchange 2010 server, not in Chappaqua". Retrieved July 6, 2016.
- "Outlook Web App". mail.clintonemail.com. Retrieved July 6, 2016.
- Gerstein, Josh (March 6, 2015). "Clinton private email violated 'clear-cut' State Dept. rules". Politico.com. Retrieved April 1, 2015.
- O'Harrow Jr., Robert. "How Clinton's email scandal took root", The Washington Post'', March 27, 2016.
- "Hacker Begins Distributing Confidential Memos Sent To Hillary Clinton On Libya, Benghazi Attack". The Smoking Gun. March 18, 2013. Retrieved September 30, 2015.
- Cook, John (March 20, 2013). "Hacked Emails Show Hillary Clinton Was Receiving Advice at a Private Email Account From Banned, Obama-Hating Former Staffer". Gawker. Archived from the original on October 1, 2015. Retrieved September 30, 2015.
- Acohido, Byron (March 22, 2013). "'Guccifer' hacks Hillary Clinton's e-emails via aide's account". USA Today. Retrieved September 30, 2015.
- Gerstein, Josh. "Clinton's emails from Blumenthal spark tension", Politico (October 22, 2015): "At least one [email] has been deemed classified by State, including information Clinton sent to Blumenthal, who had no security clearance."
- Morrison, Micah. "Hillary Clinton's rogue agenda: Why Sid Blumenthal matters", New York Post, October 31, 2015; "The November 2009 e-mail was sent by Wilson to Blumenthal, who passed it on to Clinton. Most of Clinton's reply to Blumenthal is redacted as classified."
- Tom Hamburger; Rosalind S. Helderman (October 7, 2015). "FBI probe of Clinton e-mail expands to second data company". The Washington Post. Retrieved October 7, 2015.
- Emery, Eugene. "Hillary Clinton spins on ‘Meet the Press,’ says she put out all her emails", Politifact (April 3, 2016).
- Domenico Montanaro, Fact Check: Hillary Clinton, Those Emails and the Law, NPR (April 2, 2015).
- Michael S. Schmidt, Hillary Clinton Used Personal Email Account at State Dept., Possibly Breaking Rules, The New York Times, March 2, 2015.
- Jack Gillum - "H illary Clinton used private server for official email", Associated Press, March 4, 2015. Retrieved November 14, 2016.
- Schmidt, Michael S. (March 5, 2015). "Hillary Clinton Asks State Department to Vet Emails for Release". The New York Times. Retrieved November 5, 2015.
- Zurcher, Anthony (March 11, 2015). "Hillary Clinton's 'emailgate' diced and sliced". BBC News. Archived from the original on March 12, 2015.
- Eichenwald, Kurt (March 3, 2015). "Why Hillary Clinton's 'Emailgate' Is a Fake Scandal". Newsweek. Archived from the original on March 10, 2015.
- Hartmann, Margaret (August 21, 2015). "Could Hillary Clinton Face Criminal Charges Over Emailgate?". New York. Archived from the original on November 3, 2016.
- "Hillary Clinton's use of private email not unusual, but still raises questions". Los Angeles Times. March 3, 2015. Retrieved August 25, 2015.
- "Howard Dean: 'Tremendous' number of public officials have done what Hillary Clinton did with email". @politifact. Retrieved February 9, 2016.
- "Hillary's Email Defense Is Laughable". Politico.com. Retrieved February 9, 2016.
- Bob Cusack; Molly K. Hooper (March 26, 2015). "The Hillary backer who will pose problems for her 2016 bid". The Hill.
- Merica, Dan.Report via CNN Tweet (March 3, 2015), "Jason Baron, former head of litigation at the NARA, says Clinton didn't 'violate' the law. 'The Federal Records Act is amorphous enough.'"
- Seitz-Wald, Alex (March 4, 2015). "Hillary Clinton's email problem is not going away". MSNBC. Retrieved May 24, 2015.
- Eugene Kiely (September 8, 2015). "More Spin on Clinton Emails". FactCheck.org.
- Helderman, Rosalind and Hamburger, Tom. State Dept. inspector general report sharply criticizes Clinton's email practices, The Washington Post, May 25, 2016.
- Office of the Secretary: Evaluation of Email Records Management and Cybersecurity Requirements, Office of the Inspector General of the U.S. Department of State and Broadcasting Board of Governors (May 2016) (republished by The Washington Post).
- Morello, Carol and Yang, Jia. Here are the most critical parts of the State Department inspector general report on Clinton’s email use, The Washington Post, May 25, 2016.
- Dilanian, Ken. "Clinton Broke Federal Rules With Email Server, Audit Finds", NBC News, May 25, 2016.
- Lerer, Lisa; Lucy, Catherine. "". Associated Press. Public Broadcasting System. May 31, 2016.
- Carroll, Lauren. "Fact-checking Hillary Clinton's claim that her email practices were 'allowed'", Polifact, May 31, 2016.
- "Report on Clinton's Emails, FactCheck.org, Annenberg Public Policy Center. University of Pennsylvania. May 27, 2016 Kiely, Eugene". factcheck.org. Retrieved July 12, 2017.[permanent dead link]
- Browne, Ryan and Evan Perez. “State Department report slams Clinton email use”, CNN, May 25, 2016: "while the report acknowledges personal email use by previous secretaries, it also notes that the rules for preserving work emails sent from a personal email account were updated in 2009, the year Clinton took office".
- Andrew Prokop (May 25, 2016). "What the new inspector general report on Hillary Clinton's emails actually says". Vox.
- Douglas Cox (May 26, 2016). "Hillary Clinton's shrinking email defense". CNN.
- "State Department Inspector General Finds Hillary Clinton Violated Recordkeeping Rules". Mother Jones.
- "Hillary Clinton Is Criticized for Private Emails in State Dept. Review". The New York Times. May 26, 2016.
- Michael Biesecker & Bradley Klapper (May 26, 2016). "Clinton email use broke federal rules: inspector's report". Associated Press.
- Carol D. Leonnig, Rosalind S. Helderman & Tom Hamburger, FBI Looking into the Security of Hillary Clinton's Private e-mail Setup, The Washington Post, August 4, 2015.
- Helderman, Rosalind S. & Carol D. Leonnig, "Clintons personally paid State Department staffer to maintain server", The Washington Post, September 5, 2015.
- Joseph, Cameron.Hillary Clinton 'takes responsibility' for email controversy, but won't apologize for using private server, Daily News (New York), September 5, 2015.
- Perez, Evan (March 2, 2016). "DOJ grants immunity to ex-Clinton staffer who set up email server". CNN. Retrieved March 2, 2016.
- Goldman, Adam (March 2, 2016). "Justice Dept. grants immunity to staffer who set up Clinton email server". The Washington Post. Retrieved March 3, 2016.
- Fishel, Justin. "Emails From Hillary Clinton’s IT Director at State Department Appear to Be Missing", ABC News, May 9, 2016.
- Andy Greenberg, Why Clinton's Private Email Server Was Such a Security Failure, Wired, March 4, 2015.
- Jack Gillum; Stephen Braun (October 13, 2015). "Exclusive: Clinton server's software had hacking risk". Associated Press. Retrieved October 13, 2015.
- "Michael Flynn weighs in on Hillary Clinton email controversy". Fox News Channel. April 6, 2015.
- "Ex-Pentagon chief: Iran, China or Russia may have gotten to Clinton server". TheHill.
- "Did Russia read Hillary Clinton's emails? Robert Gates says the odds are 'pretty high'". theweek.com.
- "Hillary Clinton emails: Former CIA head says foreign governments have access". Politico.
- Noah Rothman. "Hillary's Tell-Tale Server". Commentary Magazine.
- "Ex-NSA chief backs Apple on iPhone 'back doors'". USA Today. February 21, 2016.
- "Hackers linked to Russia tried to infiltrate Hillary Clinton's emails", CBS News (September 30, 2015): "these messages show hackers had Clinton's email address, which was not public...."
- Gerstein, Josh. "Why Clinton’s email problems are here to stay", Politico, May 25, 2016.
- Ken Dilanian; Jack Gillum. "Sources of attempts to hack Clinton's e-mail server ID'd". Retrieved February 21, 2016.
- "Clinton subject to hack attempts from China, Korea, Germany". Associated Press.
- Apuzzo, Matt (March 3, 2016). "Security Logs of Hillary Clinton's Email Server Are Said to Show No Evidence of Hacking". The New York Times. Retrieved March 6, 2016.
- Marks, Joseph (October 28, 2015). "Debate fact check: No evidence Clinton's server was hacked". 'Politico. Retrieved March 2, 2016.
- "Hacker Begins Distributing Confidential Memos Sent To Hillary Clinton On Libya, Benghazi Attack". The Smoking Gun. March 18, 2013. Retrieved March 20, 2013.
- "Private Emails Reveal Ex-Clinton Aide's Secret Spy Network". ProPublica. March 27, 2015. Retrieved June 11, 2016.
- "Hacker 'Guccifer' extradited from Romania, appears in U.S. court". Reuters. April 1, 2016. Retrieved June 11, 2016.
- Catherine Herridge & Pamela K. Browne. Hacker who claims he breached Clinton server pleads guilty, strikes deal with feds, Fox News (May 25, 2016).
- Hosenball, Mark. "Hacker who exposed Hillary Clinton's email server expected to plead guilty", Reuters.com, May 24, 2016.
- "US Judge: Clinton May Be Ordered to Testify in Records Case". Associated Press. May 4, 2016. Retrieved November 14, 2016.
- Zapotosky, Matt (May 5, 2016). "Officials: Scant evidence that Clinton had malicious intent in handling of emails". The Washington Post. Retrieved May 6, 2016.
- Cynthia McFadden. "Hacker 'Guccifer': I Got Inside Hillary Clinton's Server". NBC News.
- Catherine Herridge, Pamela K. Browne. "Romanian hacker Guccifer: I breached Clinton server, 'it was easy'". Fox News Channel.
- Zapotosky, Matt (July 7, 2016). "House Republicans grill FBI director Comey on Clinton emails". The Washington Post. Retrieved July 13, 2016.
- "Hillary Clinton Email Targeted by Threat Group-4127". secureworks.com. Retrieved 2017-10-12.
- Allen, Jonathan (August 21, 2015). "Exclusive: Dozens of Clinton emails were classified from the start, U.S. rules suggest". Reuters. Retrieved August 28, 2015.
- Staff (July 5, 2016). "FBI recommends no charges against Hillary Clinton over emails". BBC News. Retrieved November 14, 2016.
But investigators found that a number of messages that were marked classified at the time were sent from her account.
- Herridge, Catherine; Browne, Pamela K. (June 11, 2016). "Despite Clinton claims, 2012 email had classified marking". Fox News Channel. Retrieved June 13, 2016.
- Carroll, Lauren (July 5, 2016). "FBI investigation undermines Clinton email defense". PolitiFact. Retrieved July 5, 2016.
- Cillizza, Chris (July 5, 2016). "Hillary Clinton's email problems might be even worse than we thought". The Washington Post. Retrieved July 5, 2016.
- "What FBI Director James Comey Really Said About Hillary Clinton Email Probe". ABC News. August 2, 2016. Retrieved September 7, 2016.
- "Clinton not technically sophisticated: FBI interview". CNBC. Retrieved September 7, 2016.
- Kiely, Eugene (July 7, 2016). "Revisiting Clinton and Classified Information". Factcheck.org. Retrieved July 22, 2016.
- Helderman, Rosalind S.; Hamburger, Tom (March 5, 2016). "Clinton, on her private server, wrote 104 emails the government says are classified". Retrieved April 21, 2018 – via www.washingtonpost.com.
- "FBI tears holes in Hillary Clinton's email defense". Retrieved April 21, 2018.
- "The GOP's opening over Hillary Clinton's email". Retrieved April 21, 2018.
- Rosalind S. Helderman (March 5, 2016). "Clinton, on her private server, wrote 104 emails the government says are classified". The Washington Post.
- "Last Batch of Hillary Clinton's Emails Is Released". The New York Times. March 1, 2016.
- Klapper, Bradley; Lee, Matthew (February 29, 2016). "State Dept completes Clinton email release, more than 52k out including 2,100 with info now deemed classified". U.S. News and World Report. Retrieved March 1, 2016.
- Labott, Elise."Clinton emails Included Classified Information", CNN, July 24, 2015.
- Michael S. Schmidt; Matt Apuzzo (July 24, 2015). "Hillary Clinton Emails Said to Contain Classified Data". The New York Times. Retrieved July 25, 2015.
- Byron Tau, Hillary Clinton Sent Classified Information Over Email While at State Department, The Wall Street Journal, July 24, 2015.
- Bradley Klapper; Ken Dilanian (August 14, 2015). "Top secret Clinton emails include drone talk". AP Big Story. Associated Press. Retrieved August 19, 2015.
part of a covert program that is widely known and discussed
- "US State Department 'Top secret' emails on Clinton server discussed drone program, reference classified info". Fox News Channel. Associated Press. August 14, 2015. Retrieved August 24, 2015.
- "Agencies Battle Over What Is 'Top Secret' in Hillary Clinton's Emails". February 5, 2016. Retrieved April 21, 2018 – via NYTimes.com.
- Schmidt, Michael S. "Second Review Says Classified Information Was in Hillary Clinton's Email" The New York Times, September 7, 2015.
- Mazzetti, Mark (January 19, 2016). "Hillary Clinton Email Said to Include Material Exceeding 'Top Secret'". The New York Times. ISSN 0362-4331. Retrieved January 20, 2016.
- "Hillary Clinton Emails Held Info Beyond Top Secret: IG". NBC News. Retrieved January 20, 2016.
- Helderman, Rosalind S.; Hamburger, Tom (January 19, 2016). "Intelligence community watchdog reconfirms that dozens of Clinton emails were classified". The Washington Post. ISSN 0190-8286. Retrieved January 20, 2016.
- Byron Tau (January 29, 2016). "State Department: 22 of Hillary Clinton's Emails Considered Too Classified to Release". The Wall Street Journal. Retrieved February 1, 2016.
- Jose Pagliery, Deirdre Walsh and Elise Labott. "State Department: Colin Powell, Condoleezza Rice staffers received classified info via personal email". CNN. Retrieved February 9, 2016.
- Linick, Steve (February 3, 2016). "Memorandum for Under Secretary Kennedy" (PDF).
- "Other Secretaries Handled Classified Material on Private Email, State Dept. Concludes". ABC News.
- "Fact-checking Chuck Schumer's defense of Hillary Clinton's private email". PolitiFact. Retrieved February 10, 2016.
- "House GOP split over Clinton email probe". Politico. Retrieved November 4, 2015.
- "From Whitewater to Benghazi: A Clinton-Scandal Primer". David A. Graham. June 10, 2016. Retrieved June 14, 2016.
- "Hillary Clinton's file". Politifact.com. Retrieved June 14, 2016.
- Justin Fishel & Mike Levine, Hillary Clinton Emails: Your Questions Answered, ABC News, August 12, 2015.
- Anita Kumar, Marisa Taylor & Greg Gordon, "Top Secret' emails Found as Clinton Probe Expands to Key Aides, McClatchy Washington Bureau, August 11, 2015.
- Sacks, Mike (August 18, 2015). "Clinton Lawyer Informs Congress About Security Clearance, Email Safeguards". National Law Journal. Retrieved September 19, 2015.
- Jason Donner (August 20, 2015). "Judge orders State Dept. to work on recovering emails, suggests Clinton violated policy". Fox News Channel. Retrieved August 27, 2015.
- Schmidt, Michael (August 20, 2015). "Judge Says Hillary Clinton Didn't Follow Government Email Policies". NYT. Retrieved August 27, 2015.
- Gerstein, Josh (August 20, 2015). "Judge says Hillary Clinton's private emails violated policy". Politico. Retrieved August 28, 2015.
- Helderman, Rosalind S.; Hamburger, Tom; Leonnig, Carol D. (September 12, 2015). "Tech company: No indication that Clinton's e-mail server was 'wiped'". Washington Post. Retrieved September 13, 2015.
- Del Quentin Wilber (September 22, 2015). "FBI Said to Recover Personal E-Mails From Hillary Clinton Server". Bloomberg L.P. Retrieved September 23, 2015.
- Rachael Bade, "FBI steps up interviews in Clinton email probe; Questions focus on whether State officials improperly sent classified material", Politico.com, November 10, 2015. Retrieved November 14, 2016.
- Taylor Tyler, "Clinton Emails: FBI Expands Investigation Into Clinton Email Setup", Headlines & Global News, November 10, 2015. Retrieved November 14, 2016.
- Melber, Ari (March 30, 2016). "Fed Source: About 12 FBI Agents Working on Clinton Email Inquiry". MSNBC. Retrieved April 29, 2016.
- Calabresi, Massimo (March 31, 2016). "Inside the FBI Investigation of Hillary Clinton's E-Mail". Time. Retrieved April 29, 2016.
- "FBI's James Comey: I feel 'pressure' to quickly finish Clinton email probe". politico.com. May 11, 2016.
- "Lynch to Accept F.B.I. Recommendations in Clinton Email Inquiry, Official Says". NYT. July 1, 2016.
- "Attorney General Loretta Lynch Calls It 'Perfectly Reasonable' to Question Bill Clinton Meeting". ABC News. July 1, 2016.
- "Loretta Lynch, Bill Clinton meeting raises eyebrows". USA Today. June 30, 2016.
- "FBI Contradicts Clinton's Email Claims on Classified Info". ABC News. July 5, 2016.
- "FBI tears holes in Hillary Clinton's email defense". politifact.com.
- "Clinton's claims about receiving or sending 'classified material' on her private e-mail system". The Washington Post. August 27, 2015.
- "Statement by FBI Director James B. Comey on the Investigation of Secretary Hillary Clinton's Use of a Personal E-Mail System". Federal Bureau of Investigation. July 5, 2016. Retrieved July 13, 2016.
- News, A.B.C. (July 6, 2016). "FBI Recommends No Charges Over Clinton Email Use". ABC News.
- Zapotosky, Matt; Helderman, Rosalind S. (July 5, 2016). "FBI recommends no criminal charges in Clinton email probe". The Washington Post. Retrieved July 5, 2016.
- Epatko, Larisa (July 5, 2016). "FBI director recommends 'no charges' over Clinton's emails". PBS. Retrieved November 4, 2016.
- "Clinton e-mail Investigation". Federal Bureau of Investigation. July 2016. Retrieved October 28, 2016.
- CNN, Collinson, Stephen & Tal Kopan. "FBI: Clinton 'extremely careless' but no charges recommended".
- Graff, Garrett M. (September 30, 2016). "What the FBI Files Reveal About Hillary Clinton's Email Server". Politico. Retrieved November 4, 2016.
- Zapotosky, Matt (July 6, 2016). "Justice Department closes Clinton email probe without charges". The Washington Post. Retrieved July 6, 2016.
- Perez, Evan (October 30, 2016). "FBI discovered Clinton-related emails weeks ago". CNN. Retrieved November 14, 2016.
- Perez, Evan; Brown, Pamela (October 29, 2016). "Comey notified Congress of email probe despite DOJ concerns". CNN. Retrieved October 29, 2016.
- "Comey notified Congress of email probe despite DOJ concerns". CNN. October 30, 2016. Retrieved November 5, 2016.
- Bowman, Michael. "Officials: FBI Knew About Possible New Clinton Emails Weeks Before Friday Announcement". VOA. Retrieved 2016-10-31.
- "Donald Trump: Hillary Clinton Email Scandal 'Worse Than Watergate'". Time. October 17, 2016.
- Schreckinger, Ben (October 28, 2016). "Trump hails new Clinton FBI review as 'bigger than Watergate'". Politico. Retrieved October 31, 2016.
- "Hillary Clinton demands answers and Democrats call foul as FBI reopens investigation over files found on sexting congressman's computer". The Telegraph. October 30, 2016. Retrieved November 14, 2016.
- "FBI finds no criminality in review of newly discovered Clinton emails". Retrieved November 14, 2016.
- "Emails Warrant No New Action Against Hillary Clinton, F.B.I. Director Says". The New York Times. November 6, 2016. Retrieved November 6, 2016.
- "No criminality in Clinton emails – FBI". BBC. November 6, 2016. Retrieved November 14, 2016.
- "FBI director says agency once again won't recommend charges over Clinton email". The Washington Post. November 6, 2016. Retrieved November 14, 2016.
- Shell, Adam; Jane Onyanga-Omara (November 7, 2016). "Dow surges 300 points as FBI clears Clinton on eve of election". USA Today. Retrieved November 7, 2016.
- Imbert, Fred (November 7, 2016). "Dow soars 350 points higher on eve of US election; financials, health care lead". CNBC. Retrieved November 14, 2016.
- Mikolajczak, Chuck (November 7, 2016). "Stocks, dollar jump as FBI clears Clinton in email probe". Reuters. Retrieved November 16, 2016.
- Lawler, David (November 13, 2016). "US election: Hillary Clinton blames loss on FBI's James Comey in call with top donors". The Telegraph. Retrieved January 13, 2017.
- Ainsley, Julia Edwards; Harte, Julia (January 13, 2017). "FBI investigated over pre-election decisions on Clinton email". Reuters. Retrieved January 13, 2017.
- Cohen, Kelly. "James Comey: Loretta Lynch told me not to call Clinton email probe an 'investigation'". Washington Examiner. Retrieved 2017-07-05.
- News, A. B. C. (2017-06-23). "Senate probes Loretta Lynch's alleged interference in Clinton investigation". ABC News. Retrieved 2017-07-07.
- "Senate Investigating Loretta Lynch's Alleged Interference in Hillary Clinton Email Probe". Retrieved 2017-07-07.
- "The Senate is investigating whether former Attorney General Loretta Lynch interfered in the Clinton email investigation". Business Insider. Retrieved 2017-07-05.
- Parkinson, John (2017-06-23). "Senate probes Loretta Lynch's alleged interference in Clinton investigation". ABC News. Retrieved 2017-07-05.
- Labott, Elise; Lee, MJ (July 9, 2016). "Clinton reiterates email use was a 'mistake' as State Dept. reopens probe". Salon. Retrieved November 5, 2016.
- "Hillary Clinton emails: US State Department restarts probe". BBC.
- Reilly, Ryan J. (June 14, 2018). "DOJ Watchdog Slams 'Insubordinate' James Comey Over Clinton Email News Conference". Huffington Post. Retrieved 16 June 2018.
- "Comey's actions 'extraordinary and insubordinate,' report says". CNN. June 14, 2018. Retrieved 16 June 2018.
- Jeffrey Toobin, Hillary's Problem: The Government Classifies Everything, The New Yorker, August 18, 2015.
- German, Ben. The Other 'Top Secret' Problem Hurting Hillary Clinton Archived October 17, 2015, at the Wayback Machine., National Journal, August 19, 2015.
- Levine, Mike (August 2, 2016). "What FBI Director Really Said About Clinton Email Probe". ABC.
- Zapotosky, Matt (July 7, 2016). "House Republicans grill FBI director Comey on Clinton emails". The Washington Post. Retrieved July 7, 2016.
- Alexandra Jaffe and Dan Merica, CNN (March 10, 2015). "Hillary Clinton email scandal does damage control – CNN". CNN. Retrieved August 25, 2015.
- "Clinton: It 'might have been smarter' to use a State Dept. e-mail account". The Washington Post. Retrieved April 1, 2015.
- "Source: Clinton used iPad for personal email at State". CNN. March 31, 2015. Retrieved August 16, 2015.
- "First Take: Clinton's even tone edges into exasperation". USA Today. March 11, 2015. Retrieved April 1, 2015.
- "State Department found 4 emails about drones sent by Clinton". Associated Press. Retrieved August 16, 2015.
- "Hillary Clinton actually used two devices while secretary of state, records show". The Independent. Retrieved August 16, 2015.
- "Hillary Clinton also used an iPad for e-mails, undercutting her single-device defense". The Washington Post. Retrieved August 16, 2015.
- "Hillary Clinton tries to end controversy over private email account". Los Angeles Times. Retrieved April 1, 2015.
she disclosed that her aides had deleted more than 30,000 emails that she deemed personal....Clinton said that when she and her staff reviewed the emails last year, she instructed her lawyer to err on the side of turning over anything that might be considered work-related.
- Josh Gerstein and Joseph Marks (October 1, 2015). "Most Clinton Spam Messages Likely Deleted". Politico.
[A]ccording to little-noticed language in a statement Clinton's office issued earlier this year....'After her work-related emails were identified and preserved, Secretary Clinton chose not to keep her private, personal messages....'
- Michael S. Schmidt, Justice Dept. Says Hillary Clinton Had Authority to Delete Certain Emails, The New York Times, September 11, 2015.
- "Hillary Clinton had right to delete personal emails, says US justice department". The Guardian. Associated Press. September 11, 2015. Retrieved November 4, 2016.
- O'Harrow, Robert. "How Clinton's email scandal took root", The Washington Post, March 27, 2016.
- Vorhees, Josh. A Crystal-Clear Explanation of Hillary's Confusing Email Scandal, Slate, August 20, 2015.
- Struyk, Ryan & Liz Kreutz, Hillary Clinton Jokes About Wiping Email Server 'With A Cloth Or Something', ABC News, August 18, 2015.
- Wilstein, Matt. "Jimmy Fallon Gives Hillary a Pass on 'Boring' Emails". Mediaite. Retrieved April 16, 2016.
- Leonnig, Carol D., Karen Tumulty & Rosalind S. Helderman (August 14, 2015). "Clinton's team went from nonchalant to nervous over e-mail controversy". The Washington Post. Retrieved August 18, 2015.
... it has become clear that a number of her statements defending her actions now appear to be false.
- Tau, Byron & Robert McMillan. Hillary Clinton Campaign Says Classified Emails Were on Server, The Wall Street Journal, August 19, 2015.
- Kessler, Glenn, "Hillary Clinton's claim that everything I did on e-mails was permitted", The Washington Post, July 9, 2015.
- "Hillary Clinton's first national interview of 2016 Race", CNN, July 7, 2015.
- Kreutz, Liz (September 8, 2015). "Hillary Clinton on Private Email: 'That Was a Mistake. I'm Sorry'". ABC News.
- Lisa Lerer, Clinton Compares email Attacks to White House Controversies, Associated Press, September 27, 2015.
- Douglas Cox (July 27, 2015). "Hillary Clinton email controversy: How serious is it?". CNN.
- Glenn Kessler (February 4, 2016). "How did 'top secret' emails end up on Hillary Clinton's server?". The Washington Post.
- Ken Dilanian. "Clinton Emails Held Indirect References to Undercover CIA Officers". NBC News.
- Gearan, Anne. "Big batch of Clinton e-mails released; some have redactions", The Washington Post, August 31, 2015: "Under the law, it is the responsibility of the author of e-mails to properly mark them as classified and to make sure they avoid discussing classified material over a nongovernment or personal device. Because the State Department deals in so many sensitive secrets, many employees use two computer networks for their daily communications: a non-classified system called the "low side" and a more secure classified system called the "high side." But Clinton had no official State Department e-mail address and exclusively used a personal domain and personal server set up in her home for electronic correspondence."
- "Clinton’s claim that the FBI director at the time, James Comey, said that Clinton's email answers were truthful", The Washington Post, July 31, 2016.
- Washington Post hits Clinton with four 'Pinnochios' on emails, CNN (August 1, 2016).
- "WaPo Gives Hillary Four Pinocchios For Claiming Comey Called Her Truthful About Her Emails", Fox News Channel, August 1, 2016.
- Patrick Healy, Jonathan Martin & Maggie Haberman, Hillary Clinton’s Handling of Email Issue Frustrates Democratic Leaders, The New York Times, August 27, 2015.
- Roy, Jessica. "Watch Bernie Sanders slay the room with 'damn emails' line", Los Angeles Times, October 13, 2015.
- Terkel, Amanda. "Bernie Sanders: No Regrets Defending Hillary Clinton on Emails", HuffPost, October 19, 2015.
- Foley, Elise. Bernie Sanders Calls Hillary Clinton’s Emails ‘A Very Serious Issue’, Huffington Post (January 31, 2016).
- Joyce, Gemma (October 12, 2017). ""But Her Emails!" Unpicking the Social Media Phenomenon That Is Hillary Clinton's Emails". Brandwatch. Retrieved 3 August 2018.
- "but her emails". Urban Dictionary. Retrieved 3 August 2018.
- Cummings, William (June 14, 2018). "'But my emails': Hillary Clinton claps back after report reveals Comey used Gmail". USA Today. Retrieved 3 August 2018.
- Halper, Evan and Michael A. Memoli, "More of Hillary Clinton's emails say little about State Department tenure", Los Angeles Times, June 30, 2015.
- Memoli, Michael A. Next batch of Hillary Clinton's emails will be released, Los Angeles Times, June 30, 2015.
- Gerth, Jeff (March 16, 2015). "Hillary Clinton's Email Scandal Looks a Lot Like the Whitewater Investigation of 20 Years Ago". Pacific Standard. Retrieved October 13, 2015.
- Security questions linger in Clinton emails, Morning Joe, August 19, 2015.
- Milbank, Dana (March 9, 2015). "Hillary Clinton, too cautious for her own good". The Washington Post.
- Boehlert, Eric (March 12, 2015). "The George W. Bush email scandal the media has conveniently forgotten". Salon. Retrieved July 5, 2016.
- Carroll, Lauren (March 15, 2015). "The media reaction to George W. Bush's email controversy". PolitiFact. Retrieved October 13, 2015.
- "Clinton's abysmal record on open government". jsonline.com. Retrieved November 14, 2016.
- "Wisconsin's largest paper blasts Clinton on transparency". POLITICO.
- "Hillary Clinton's litany of scandal". The Week. Retrieved March 31, 2016.
- Cummings, William (November 4, 2016). "Fox News anchor apologizes for false report of 'likely' Clinton indictment". USA Today. Retrieved November 7, 2016.
- Farhi, Paul (November 4, 2016). "Fox News apologizes for falsely reporting that Clinton faces indictment". The Washington Post. Retrieved November 7, 2016.
- David Graham (Nov 4, 2016), "The Anatomy of a Leak: How Did a Mistaken Clinton Story Happen?", The Atlantic
- Emery, David (November 4, 2016). "Premature Litigation". Snopes.com. Retrieved November 7, 2016.
- "Statement Regarding Subpoena Compliance and Server Determination by Former Secretary of State Hillary Clinton | Select Committee on Benghazi". Benghazi.house.gov. October 28, 2014. Retrieved April 1, 2015.
- Perry, Mark. "Trey Gowdy: Hillary Clinton wiped email server clean". Politico.com. Retrieved April 1, 2015.
- "No Copies of Hillary Clinton Emails on Server Lawyer Says". The New York Times. Retrieved April 1, 2015.
- "Select Committee Adds to Secretary Clinton's Public Email Record". Select Committee on Benghazi. Retrieved August 25, 2015.
- Bradley Klapper & Matthew Lee, State Dept.: 15 emails missing from Clinton cache, Associated Press (June 25, 2015).
- Ben German (June 28, 2015). "GOP's Benghazi Probe Ups Pressure on John Kerry as Team Clinton Returns Fire: Republican Rep. Trey Gowdy said he may call the secretary of State to testify about a lack of document production". National Journal. Archived from the original on June 29, 2015.
- Dionne, E.J. (September 30, 2015). "Kevin McCarthy's truthful gaffe on Benghazi". The Washington Post. Retrieved October 7, 2015.
- Lillis, Mike (October 1, 2015). "Pelosi threatens to end Dem participation in Benghazi probe". The Hill. Retrieved October 7, 2015.
- Byron Tau. "House Democrats to Release Benghazi Interview Transcript". The Wall Street Journal. Retrieved October 7, 2015.
- Elise Viebeck (October 6, 2015). "Democrats work to keep heat on Gowdy, McCarthy ahead of Clinton Benghazi hearing". The Washington Post. Retrieved October 7, 2015.
- Kopan, Tal; Deirdre Walsh (October 7, 2015). "Democrats go on offense after McCarthy's Benghazi gaffe". CNN. Retrieved October 7, 2015.
- "Shut Down the Benghazi Committee". The New York Times. October 7, 2015. Retrieved October 7, 2015.
- "Grayson to File Benghazi Ethics Complaint Over Benghazi". Roll Call. Retrieved October 7, 2015.
- "GOP Rep. Richard Hanna suggests Benghazi probe targeted Hillary Clinton". syracuse.com. Retrieved October 16, 2015.
- "Bill O'Reilly on Benghazi probe: 'Of course it's political'". Politico. Retrieved October 16, 2015.
- Michael D. Shear & Michael S. Schmidt, Benghazi Panel Engages Clinton in Tense Session, The New York Times, October 22, 2015.
- Fahrenthold, David A.; Viebeck, Elise (October 22, 2015). "GOP lands no solid punches while sparring with Clinton over Benghazi". The Washington Post. Retrieved October 23, 2015.
- "Full Text of Hearing: "Clinton testifies before House committee on Benghazi"". The Washington Post. October 22, 2015. Retrieved October 23, 2015.
- Judicial Watch, Citing Misconduct and Misrepresentation by Hillary Clinton and State Department, Judicial Watch Asks Federal Court to Reopen Lawsuit Seeking Information on Top Clinton Aide Huma Abedin (March 12, 2015).
- Judicial Watch, Huma Outside Employment Complaint (September 10, 2013)
- Court order reopening case (June 19, 2015).
- Judicial Watch Statement in Response to Federal Court Reopening Lawsuit Seeking Information on Top Clinton Aide Huma Abedin Archived September 24, 2015, at the Wayback Machine., Judicial Watch (June 19, 2015).
- Gerstein, Josh (August 1, 2015). "Judge wants Clinton certification on emails". Politico. Retrieved August 5, 2015.
- Flores, Reena (August 1, 2015). "Judge wants Clinton confirmation on State Department emails". CBS News. Retrieved August 5, 2015.
- Clinton Declaration (filed August 10, 2015).
- Michael S. Schmidt (August 10, 2015). "All Emails Were Provided, Hillary Clinton Says in Statement". The New York Times. Retrieved August 11, 2015.
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 on information and belief, this has been done
- Rosalind S. Helderman, Hillary Clinton swears: I turned over all my required e-mails, The Washington Post, August 10, 2015.
- Labott, Elise; Levitt, Ross (September 25, 2015). "New Hillary Clinton email chain discovered". CNN. Retrieved September 28, 2015.
- Klapper, Bradley (September 25, 2015). "Officials: More work emails from Clinton's private account". Associated Press. Retrieved September 28, 2015.
- Woolf, Nicky (September 25, 2015). "Officials uncover two chains of emails Hillary Clinton didn't turn over". The Guardian. Retrieved September 28, 2015.
- Schmidt, Michael (September 25, 2015). "String of Emails Raises Questions About When Hillary Clinton Began Using Personal Account". The New York Times. Retrieved September 28, 2015.
- Hsu, Spenser S. U.S. judge orders discovery to go forward over Clinton’s private email system, The Washington Post, February 23, 2016.
- JW v. State Lukens Testimony 01363 (May 26, 2016).
- JW v State Mills deposition 01363.
- "Clinton Email Update: Judicial Watch Releases Clinton Email Deposition Testimony of Amb. Stephen Mull, Former Executive Secretary for State Department – Judicial Watch". Retrieved July 6, 2016.
- "Clinton Email Update: Judicial Watch Releases Clinton Email Deposition Testimony of Karin Lang, Director, Executive Secretariat Staff – Judicial Watch". judicialwatch.org. Retrieved July 6, 2016.
- Gerstein, Josh (June 9, 2016). "Clinton BlackBerry photo led to State official's query about email account". Politico. Retrieved June 11, 2016.
- Brennan, Margaret & Paula Reid, State Dept. to comply with court order on Hillary Clinton's emails, CBS News, May 19, 2015.
- Gerstein, Josh. Feds fight Hillary Clinton-focused email lawsuit, Politico.com, March 28, 2015.
- Joint Status Report Regarding Schedule (filed March 27, 2015) ("Plaintiff Jason Leopold initiated this Freedom of Information Act ('FOIA') lawsuit against Defendant U.S. Department of State on January 25, 2015. (ECF No. 1). The Department of State answered the complaint on March 2, 2015 (ECF No. 7)").
- Margaret Brennan & Paula Reid, "State Dept. to comply with court order on Hillary Clinton's emails", CBS News, May 19, 2015.
- Andrew Zajac & Billy House, Judge orders rolling release of Clinton's State Department e-mail, Bloomberg News, May 20, 2015.
- Jason Leopold, "Judge Orders State Department to Release Clinton Emails on Rolling Basis", Vice News, May 19, 2015.
- Myers, Steven Lee & Julie Hirschfeld Davis. Last Batch of Hillary Clinton’s Emails Is Released, The New York Times, February 29, 2016.
- "Search Hillary Clinton’s Emails", The Wall Street Journal. Retrieved April 17, 2016.
- "WikiLeaks publishes searchable archive of Clinton emails", Washington Examiner. Retrieved May 9, 2016.
- Dana Bash and Marshall Cohen. "GOP megadonor requested Trump's data firm organize hacked Clinton emails". CNN. Retrieved April 21, 2018.
- Confessore, Nicholas (October 25, 2017). "Assange Says WikiLeaks Rejected Request by Data Firm Tied to Trump". New York Times. Retrieved April 21, 2018.
- Baker, Peter & Steve Ederjune, New Trove of Hillary Clinton's Emails Highlights Workaday Tasks at the State Department, The New York Times, June 30, 2015.
- Schultheis, Emily & Lauren Fox, State Department Releases More Hillary Clinton Emails Archived August 21, 2015, at the Wayback Machine., National Journal, July 31, 2015.
- Kumar, Anita & Greg Gordon & Marisa Taylor, Investigators now examining 305 Clinton emails for classified information, McClatchy Washington Bureau (August 17, 2015).
- Associated Press, Associated Press sues State Department for Hillary Clinton emails, CBS News, March 11, 2015.
- Complaint, Associated Press v. U.S. Department of State (filed March 11, 2015).
- Eric Tucker, Clinton records: Judge sets schedule for release to AP Archived August 11, 2015, at the Wayback Machine., Associated Press, August 7, 2015.
- Josh Gerstein, Judge slams State Department over Hillary Clinton-related records, Politico.com, July 20, 2015.
- David Francis, "Judge: The 'Least Ambitious' Bureaucrat Could Process Clinton's Personal Emails Faster", Foreign Policy, July 30, 2015.
- Josh Gerstein, Feds move to consolidate lawsuits over Hillary Clinton emails, Politico, September 1, 2015.
- Tau, Byron, Court Declines to Consolidate Clinton Emails Lawsuits, The Wall Street Journal, October 8, 2015.
- Judge dismisses pair of lawsuits arising from Clinton emails Archived April 4, 2016, at the Wayback Machine., Associated Press, January 11, 2016.
- Biesecker, Michael (March 15, 2016). "GOP files a flurry of new lawsuits seeking reams of government documents related to Clinton's tenure as secretary of state". U.S. News and World Report. Associated Press. Retrieved September 16, 2016.
- Tau, Byron. "Estimate of 75 Years to Release Clinton Aides' Email 'Not an Outlandish Estimation'". The Wall Street Journal. Retrieved July 5, 2016.
|Wikimedia Commons has media related to Hillary Rodham Clinton email use as United States Secretary of State.|
- Press release by the National Archives and Records Administration
- The Clinton Email Scandal Timeline created by the author of The Terror Timeline
- Secretary Clinton Emails at the United States Department of State website
- The Facts About Hillary Clinton’s Emails at the Hillary Clinton campaign website
- Clinton E-Mail Investigation by the Federal Bureau of Investigation