Friday, March 4, 2016

Clinton emails: What have we learned?













Washington (CNN) The State Department released the very last of Hillary Clinton's work-related emails Monday, capping off a nearly year-long process that began when The New York Times revealed that Clinton had been exclusively using a private server to conduct official business as secretary of state.

For the State Department, the Clinton campaign and journalists covering the story, the releases have been at various times tedious, contentious, frustrating, revealing and opaque.

Here's what we've learned so far, and what remains unanswered.

Monday's final release marks the end of a major effort by the State Department's Freedom of Information Act office, which had to review more than 52,000 pages of the former secretary of state's emails in the past year before releasing them to the public.

Clinton called for the emails to be released when news of her unusual communications set-up was first revealed. The State Department was then ordered to provide them to the public on a rolling basis by a federal judge in a FOIA lawsuit.

But it would be premature for those staffers to celebrate, since the department is still in the midst of processing dozens of related requests.

The State Department is furthermore being sued for the emails of top aides, and for the tens of thousands of emails Clinton deemed personal and didn't turn over for review.

At a hearing last week in one such lawsuit, U.S. District Judge Emmet Sullivan said he's considering asking the State Department to subpoena Clinton, and aide Huma Abedin, in an effort to learn more about those emails.

And Clinton's emails continue to get scrutiny beyond the State Department. On Monday, State Department Spokesman John Kirby told reporters one email is being withheld from the public in full at the request of law enforcement.

Kirby would not comment on the content of the email, but he emphasized it is not classified.

Clinton's server is also the subject of an FBI investigation, which has allowed her Republican opponents on the presidential campaign trail to raise the specter of possible indictment.

In an interview Monday with Fox News, Attorney General Loretta Lynch said the investigation is "being handled like any other review that we do into how any agency has handled classified information," but she had no updates on the time frame for its completion.

"What's most important is to follow the facts, follow the law, and come to an independent conclusion as to what may or may not have happened," she said.

Much of the conversation surrounding Clinton's use of a private server for State Department business has revolved around the question of whether she took adequate measures to safeguard sensitive information.

Clinton and her aides insist none of the emails she sent or received were marked as classified at the time they were sent, but more than 2,101 have been retroactively classified during the State Department-led, pre-release review process.

This includes 22 emails upgraded to Top Secret -- the highest level -- and withheld by the State Department in full.

Those emails in particular are the subject of intense scrutiny, sometimes leaving the State Department and intelligence community at odds.

Last month, a leaked letter from intelligence community Inspector General I. Charles McCullough III revealed the existence of "several dozen" cases of classified information originating from intelligence agencies, some of which, they said, should have been considered classified during Clinton's tenure.

Those documents included information on so-called "Special Access Programs," a highly sensitive subset of information off limits even to most Top Secret clearance holders.

Clinton's campaign has waded into the fray, suggesting the upgrades and intelligence agency disparities are the result of "over-classification run amok." Clinton campaign spokesman Brian Fallon has also blamed political operatives in the inspector general's office and on Capitol Hill for leaking information about the normally secretive review process.

Little is known about the content of the most sensitive emails beyond what's been outlined in McCullough's letter, but Democratic California Sen. Dianne Feinstein, a member of the Senate intelligence committee who has seen the now-Top Secret communications, recently said in a statement that "none of those email chains originated with Secretary Clinton."

"It has never made sense to me that Secretary Clinton can be held responsible for email exchanges that originated with someone else," she added.

As a sign that the inter-agency debate continued until the very last days of the review, State Department Spokesman John Kirby told reporters Monday that one email flagged by the intelligence community as potentially containing Top Secret information was deemed not to have and will be released Monday with limited redactions and upgrades.

That email, released in in Monday's batch, involved information about a conference call on North Korea, convened after the country conducted a missile test in July 2009. The now-classified information was sent by a career diplomat and forwarded to Clinton by Abedin.

The ongoing debate over classification has led the State Department to announce a separate review, led by the Bureaus of Diplomatic Security and Intelligence and Research, into whether any of the information retroactively upgraded should have been marked as classified when sent.

Cabinet posts are theoretically outside of the political sphere, but Clinton was kept keenly aware of the political climate throughout her tenure.

Aides often forwarded Clinton information on her favorability ratings, even as she told the public she was undecided on making another run for the White House.

In March 2009. Mills forwarded her a CNN poll showing "Clinton has high job approval."

Reines sent her a similar poll two years later, adding, "This is why we cooperate with so many profiles - and just wait until 19 million Americans to read PEOPLE next week."

Blumenthal frequently offered his thoughts on politics, writing enthusiastically in 2010, "can you call me now? eureka idea for midterms!! want to run by you, think it can work."

Clinton's core staff at the State Department was both loyal and adoring, as evidenced by the dozens of praise emails she received on a regular basis.

Aides frequently forwarded positive articles about Clinton, including a Drudge Report piece titled "Clinton Popularity Prompts Buyer's Remorse."

When a photo of Clinton on her Blackberry turned into a viral Internet meme, Cheryl Mills wrote simply, "You look cute."

And the praise didn't just come from her staff.

On January 23, 2013, after Clinton testified before the Senate Foreign Relations Committee on the Benghazi consulate attack, top White House economic adviser Gene Sperling wrote to Mills that Clinton "was a great combo of patient, emotional and fighting-back tough. Made me proud." That email was forwarded to Clinton.

Another Obama administration official, Liz Sherwood-Randall, wrote to Sullivan: "If you get a chance — please tell HRC that she was a ROCK STAR yesterday. Everything about her 'performance' was what makes her unique, beloved, and destined for even more greatness."

"She sets a standard that lesser mortals can only dream of emulating," Sherwood-Randall added.

Among the emails retroactively classified at the lower tiers of Confidential and Secret are communications between top State Department officials, foreign dignitaries and advisers outside of the U.S. government, who weighed in on a number of policy discussions.

Many of those emails were not sent to Clinton directly but rather were forwarded to her by key aides, including Chief of Staff Cheryl Mills, Deputy Chief of Staff Huma Abedin and Jake Sullivan, who served as both director of policy planning and deputy chief of staff.

Abedin and Sullivan currently hold top positions on Clinton's presidential campaign.

Clinton's core team at the State Department was, in some ways, insular.

Senior officials who didn't know her email address often emailed Abedin, Mills or Sullivan when they needed to convey messages to the secretary, showing how access to her was carefully managed.

In a July 2012 email forwarded to Clinton, staffer Philippe Reines humorously alluded to the closed nature of the former secretary's inner circle by creating a flow chart to determine who would ride with her on the road.

The chart asked a series of yes or no questions starting with, "Huma there?," and ending with scenarios in which Reines himself might be allowed to join in the vehicle.

Aside from her inner circle, Clinton also received emails from some of her department's top officials, including now-classified emails from then-Deputy Secretary William Burns and former Under Secretary of State for Political Affairs Wendy Sherman.

She also heard regularly from Tony Blair, the former British prime minister who served as a Middle East peace envoy for the United Nations at the time, and on occasion from Ashraf Ghani, a prominent Afghani politician who has since become president of that country.

Clinton also received emails from her eventual successor at the State Department, John Kerry, who chaired the Senate Foreign Relations Committee during her years in office and himself sometimes emailed from a personal email account.

Not immune from the controversy, several emails sent by Kerry have now been upgraded to classified, including a few in Monday's batch.

Perhaps the most controversial member of her kitchen cabinet was Sidney Blumenthal, a friend and confidant who sent her hundreds of emails on both policy and politics, even though he was blocked by the Obama administration from joining her official team at the State Department.

Critics have wondered why Blumenthal had such direct access to, and perhaps influence over, Clinton, when many officials in her own department didn't have her personal email address.

Clinton has dismissed the extent of Blumenthal's influence, calling the emails "unsolicited," even as she thanked him repeatedly at the time for offering his perspective.

"I'm going to keep talking to my old friends, whoever they are," Clinton said during a May press conference in Iowa. "He's been a friend of mine for a long time. He sent me unsolicited emails, which I passed on in some instances, and that's just part of the give-and-take."

Unsurprisingly, Clinton emailed family members as well. And it was an email to daughter Chelsea Clinton on the night of the attack on the U.S. consulate in Benghazi that brought Clinton pointed questions when she testified before the House Select Committee on Benghazi in November, as some lawmakers wondered why she attributed the attack to "an Al Queda-like group" in the email while publicly suggesting protesters played a role.

Despite her unusual decision to set up a private email server at her home, Clinton's communications often display a lack of savvy when it comes to technology.

In a June 2010 email to Reines, Clinton is excited to learn that her new iPad (called the "hPad" by her loyal staffers) has arrived, and asks, "do you think you can teach me to use it on the flight to Kyev next week."

And even as she elected not to use a state.gov account, Clinton expressed surprise when other staffers did the same.

At one point in 2011, Sullivan passed along insights from a State Department employee using a personal account, prompting Clinton to ask, "Who does he work for now?"

When Sullivan said the man worked for the State Department, Clinton responded, "I was surprised that he used personal email account if he is at State."

Other emails reflect Clinton's frustration with the State Departments communications systems, and the limits presented by the very systems meant to protect classified information.

In one such email, Sullivan tells Clinton a statement by Blair was put on the classified system "for reasons that elude me," prompting Clinton to reply: "It's a public statement! Just email it."

"Trust me, I share your exasperation," Sullivan replied. "But until ops converts it to the unclassified email system, there is no physical way for me to email it. I can't even access it."


On a separate occasion, Clinton and Sullivan exchange emails on a set of "tps" -- presumably talking points, which he's trying to send to her on a secure fax line.

"If they can't," Clinton replies, "turn into nonpaper w no identifying heading and send nonsecure."

There's no indication whether the talking point were classified, but the exchange led to criticism from Republican Iowa Sen. Chuck Grassley, a frequent Clinton critic, who called the chain "disturbing" and asked the former secretary to "come clean."

Additional emails, on which Clinton was not copied, also shed light on how her email set-up was viewed at the State Department.

A set of emails released to the website The Daily Caller last month, for instance, show that some officials suggested providing Clinton with a State Department Blackberry, which Huma Abedin resisted.

"Let's discuss the state blackberry, doesn't make a whole lot of sense," she replied.

There were also discussions about setting up a "stand-alone PC" for Clinton that would allow her to access her personal emails at the State Department.

In an email exchange later obtained by the conservative legal watchdog group Judicial Watch, Under Secretary for Management Patrick Kennedy tells Mills the computer "is a great idea."

Ultimately, State Department officials say the computer was not set up. It's unclear why the idea was ultimately nixed, but it might relate to Clinton's lack of computer knowledge, as relayed in a later email.

"I talked to Cheryl about this," Lewis Lukens, then a deputy assistant secretary of state, writes. "She says a problem is hrc does not know how to use a computer to do email -- only [Blackberry]. But, I said would not take much training to get her up to speed."








































Obama's Justice Department Just Gave Bryan Pagliano Immunity and Bernie Sanders the Presidency












by H.A. Goodman




Bernie Sanders's path to the presidency was never going to be easy. After surging in the polls and consistently proving America's political establishment wrong, Sanders won Colorado and other states on Super Tuesday. He still has a path to win the Democratic nomination via the primaries, but Bernie Sanders just won the presidency for another reason: Hillary Clinton's quest for "convenience."

Bryan Pagliano, the person who set up Clinton's private server and email apparatus, was just given immunity by the Justice Department. According to The Washington Post, "The Clintons paid Pagliano $5,000 for 'computer services' prior to his joining the State Department, according to a financial disclosure form he filed in April 2009."

First, this can't be a right-wing conspiracy because it's President Obama's Justice Department granting immunity to one of Hillary Clinton's closest associates. Second, immunity from what? The Justice Department won't grant immunity to anyone unless there's potential criminal activity involved with an FBI investigation. Third, and most importantly for Bernie Sanders, there's only one Democrat in 2016 not linked to the FBI, Justice Department, or 31,830 deleted emails.

These 31,830 deleted emails, by the way, were deleted without government oversight.

Only one person set up the server that circumvented U.S. government networks and this person is Bryan Pagliano. Not long ago, Pagliano pleaded the Fifth, so this new development speaks volumes. His immunity, at this point in Clinton's campaign, spells trouble and could lead to an announcement in early May from the FBI about whether or not Clinton or her associates committed a crime. As stated in The New York Times, "Then the Justice Department will decide whether to file criminal charges and, if so, against whom."

The FBI's investigation will decide if there was criminal activity involved in owning the server and storing classified information on a non-government network. Already, I've written numerous articles on why Bernie Sanders is the true front-runner, and has been since last year, partly because of Clinton's FBI investigation. Bryan Pagliano being granted immunity, however, changes the ballgame.

Hillary supporters everywhere most likely don't care, but this development, and the testimony (free from any legal consequences) of the man who set up Clinton's computer apparatus, secures Bernie Sanders's front-runner status as the Democratic nominee. The DNC would be engaging in political suicide by entering November 8, 2016 with a nominee linked to a person just granted immunity from President Obama's Justice Department, primarily because there's a reason this man was granted immunity in the first place.

Connect the dots while being honest with these developments, and only one logical progression, if Democrats actually want to win this year, must take place: Bernie Sanders saves the Democratic Party from Hillary Clinton and defeats Donald Trump by 8 points. Yes, Bernie defeats Trump by a wider margin than Clinton in a general election.

Trump wins with a Democratic nominee linked not only to an FBI investigation, but to aides being given immunity for their testimony.

Bernie Sanders already defeats Donald Trump by a much wider margin than Clinton's 3.4-point victory on average, without an FBI investigation, and without an associate enjoying legal immunity from the Justice Department.

In addition to born classified emails (emails that were classified from the start of their existence, undermining the claim that certain emails weren't classified when Clinton stored them on her server), as well as Top Secret intelligence on an unguarded server stored in her basement, Hillary Clinton has never explained the political utility of owning a private server.

Why did Hillary need to own a private server?

Aside from her excuse pertaining to convenience, why did Clinton need to circumvent U.S. government networks?

Clinton already apologized for the private server, and here's the apology:

Clinton has said: "Yes, I should have used two email addresses, one for personal matters and one for my work at the State Department. Not doing so was a mistake. I'm sorry about it, and I take full responsibility."

However, only Bryan Pagliano can explain to the FBI why Clinton needed the server, it's political utility, and most importantly, how the computer network was protected. Also, Pagliano can help with understanding the computer server's connection to other Clinton projects like their foundation, or other activities.

There are most likely a number of reasons Clinton needed the server and Pagliano's immunity helps the FBI immeasurable in deciphering whether or not criminal intent or behavior is a part of their recommendation to the Justice Department. Pagliano's immunity is explained in a Washington Post piece titled Justice Dept. grants immunity to staffer who set up Clinton email server:

The Justice Department has granted immunity to a former State Department staffer, who worked on Hillary Clinton's private email server, as part of a criminal investigation into the possible mishandling of classified information, according to a senior law enforcement official.

The official said the FBI had secured the cooperation of Bryan Pagliano, who worked on Clinton's 2008 presidential campaign before setting up the server in her New York home in 2009.

As the FBI looks to wrap up its investigation in the coming months, agents are likely to want to interview Clinton and her senior aides about the decision to use a private server, how it was set up, and whether any of the participants knew they were sending classified information in emails, current and former officials said.

... Spokesmen at the FBI and Justice Department would not discuss the investigation. Pagliano's attorney, Mark J. MacDougall, also declined to comment.

"There was wrongdoing," said a former senior law enforcement official. "But was it criminal wrongdoing?"

Yes, Pagliano was granted immunity for a reason, and even if he helped a crime take place, or engaged in questionable practices, he's free to give testimony to the FBI and Justice Department officials. As for Hillary Clinton's campaign, immunity for Pagliano could mean that other associates, like Huma Abedin, also seek a bargain with law enforcement officials.

As for the issue of criminality, Detroit's Click on Detroit Local 4 News explains the severity of this saga in a piece titled DOJ grants immunity to ex-Clinton staffer who set up email server:

Bryan Pagliano, a former Clinton staffer who helped set up her private email server, has accepted an immunity offer from the FBI and the Justice Department to provide an interview to investigators, a U.S. law enforcement official told CNN Wednesday.

With the completion of the email review, FBI investigators are expected to shift their focus on whether the highly sensitive government information, including top secret and other classified matters, found on Clinton's private email server constitutes a crime.

Whether or not a crime was committed is intrinsically linked to why Hillary Clinton needed a private server. Pagliano's testimony will be invaluable in helping the FBI decipher why the server was needed and how safe it was in storing sensitive information.

As for others within Clinton's inner circle, Huma Abedin is also part of this email investigation, as stated in a CNN article titled Clinton emails: What have we learned?:

The State Department is furthermore being sued for the emails of top aides, and for the tens of thousands of emails Clinton deemed personal and didn't turn over for review.

At a hearing last week in one such lawsuit, U.S. District Judge Emmet Sullivan said he's considering asking the State Department to subpoena Clinton, and aide Huma Abedin, in an effort to learn more about those emails...

Clinton and her aides insist none of the emails she sent or received were marked as classified at the time they were sent, but more than 2,101 have been retroactively classified during the State Department-led pre-release review process.

Whether or not the intelligence was classified at the time is irrelevant; there's already proof of born classified intelligence on Clinton's server.

Former Obama official Lt. Gen. Michael Flynn believes Hillary Clinton should "drop out" of the race because of the FBI investigation.

Bernie Sanders just won the Democratic nomination and presidency, primarily because Clinton can't even type an email without an FBI investigation. I explained my thoughts on the FBI investigation with Victor Blackwell on CNN New Day. Ultimately, President Obama's legacy, as well as the Democratic Party's future are linked to James Comey's investigation of Clinton's emails. While few see the correlation, Bernie Sanders will become president, primarily because he's the only honest Democratic nominee running in 2016.

Follow H. A. Goodman on Twitter: www.twitter.com/HAGOODMANAUTHOR