Conway says that Trump will not pursue charges against Clinton:
I think when the president-elect who’s also the head of your party … tells you before he’s even inaugurated he doesn’t wish to pursue these charges, it sends a very strong message, tone and content, to the members. Look, I think, he’s thinking of many different things as he prepares to become the president of the United States, and things that sound like the campaign are not among them. I think Hillary Clinton still has to face the fact that a majority of Americans don’t find her to be honest or trustworthy, but if Donald Trump can help her heal, then perhaps that’s a good thing.
An intelligence source tells Fox News that FBI is now focused on whether there were violations of an Espionage Act subsection pertaining to “gross negligence” in the safekeeping of national defense information. It is a violation for the “lawful possession” of national defense information by a security clearance holder who “through gross negligence,” such as the use of an unsecure computer network, permits the material to be removed or abstracted from its proper, secure location. The section also requires the clearance holder to report any loss, theft or destruction to their superior. The penalty is a fine and/or no more than ten years in jail. The source also says that the FBI are investigating possible obstruction of justice:
If someone knows there is an ongoing investigation and takes action to impede an investigation, for example destruction of documents or threatening of witnesses, that could be a separate charge but still remain under a single case.
At the first Democratic debate, Sanders defends Clinton over her email controversy.
Clinton: I’ve taken responsibility for it. I did say it was a mistake. I have been as transparent as I know to be, turning over 55,000 pages of my e-mails, asking that they be made public. [I’d rather spend my time talking about] the issues that matter to the American people
Sanders: Let me say — let me say something that may not be great politics. But I think the secretary is right, and that is that the American people are sick and tired of hearing about your damn emails.
Clinton: Thank you. Me, too. Me, too.
The two then exchange a friendly handshake.
At a town hall in Iowa, Clinton claims she is the most transparent person in U.S. history.
I have gone further than anybody that I’m aware of in American history. Now it’s not a long history since we haven’t had emails that long--as long as we’ve had them, I’ve gone longer and farther to be as transparent as possible. Nobody else has done that. [I’m] a little embarrassed that the emails are so boring.
Despite Clinton saying she had provided all work emails from her time as secretary of state, the Department of Defense uncovers a chain of emails between Clinton and General Petraeus. The exchange of ten emails, which mainly covers personnel issues, starts shortly before Clinton enters office and continues during her first days as the top U.S. diplomat in January and February of 2009. The Petraeus exchange also shows she started using the clintonemail.com account by January 2009, contradiciting her campaign’s claim that she used a private BlackBerry email account for her first two months at the department before setting up her clintonemail.com account in March 2009. The campaign gave her use of the Blackberry as the reason for not handing over any emails from those two months to the State Department.
After a meeting with the Des Moines Register editorial board, Clinton is questioned about a Washington Post story that says the State Department’s request for her emails was prompted entirely by the discovery that Clinton had exclusively used a private e-mail system. This came three months before, and contradicts Clinton’s account, which is that agency officials asked her for her emails as part of a benign, general record-keeping effort that included mails from other secretaries of state.
I don’t know that. I can’t answer that. All I know is that they sent the same letter to everybody. That’s my understanding…You’re telling me something I don’t know [about the three month discrepancy] All I know is what I have said. What I have said is it was allowed. The State Department has confirmed that. The same letter went to, as far as I know, my predecessors, and I’m the one who said, ‘Hey, I’ll be glad to help.
A source says the FBI has recovered an unknown number of Clinton’s personal emails from her server. Clinton has said that she deleted 30,000 personal emails out of 60,000 total mails, and that most of the personal mails concerned planning for Chelsea’s wedding, yoga routines and condolence messages. The bureau’s probe is expected to last at least several more months.
Judicial Watch President Fitton says mails sent by Clinton and received from her on a private server are missing over periods totaling five months, beginning when she took office as secretary of state in February 2009. Fittons suggests Clinton lied under oath when she said all her emails had been turned over and it suggested government officials had not turned over everything they were required to deliver. Fitton says other State Department officials, including the one in charge of email production, Patrick Kennedy, previously had been informed of the five-month gap.
Platte River Networks says that even though Clinton deleted her emails form the server, the server itself was not wiped of data. The statement indicates that 31,000 personal e-mails that Clinton has said were deleted could be recovered. Company:
Platte River has no knowledge of the server being wiped. All the information we have is that the server wasn’t wiped.
A special intelligence review by the Central Intelligence Agency and the National Geospatial-Intelligence Agency of two emails that Clinton received on her personal account while secretary of state — including one about North Korea’s nuclear weapons program — supports a finding by the inspector general for the intelligence agencies that the emails were marked “Top Secret,” when Clinton received them. Clinton’s campaign disagrees with the conclusion and notes that agencies within the government often have different views of what should be considered classified:
Our hope remains that these releases continue without being hampered by bureaucratic infighting among the intelligence community, and that the releases continue to be as inclusive and transparent as possible.
State Department spokesperson:
Classification is rarely a black and white question, and it is common for the State Department to engage internally and with our interagency partners to arrive at the appropriate decision. Very often both the State Department and the intelligence community acquire information on the same matter through separate channels. Thus, there can be two or more separate reports and not all of them based on classified means. At this time, any conclusion about the classification of the documents in question would be premature.
After a campaign appearance in New Hampshire, Clinton says she and her family paid State Department technology specialist Pagliano to maintain her private email server. The Clintons paid Pagliano $5,000 for computer services before he joined the State Department, and after he joined. A campaign official says the arrangement with Pagliano ensured that taxpayer dollars were not spent on a private server. Clinton:
With respect to personal services that he provided to me and my family, we obviously paid for those services and did so because, during a period of time, we continued to need his technical assistance. And I think that’s in the public record.
Bryan was hired by the Clinton family as a consultant in order to help out periodically with the management of the system in Chappaqua that hosted the family’s emails.
The State Department says 150 of 7000 pages of emails it will release today from clinton’s server have had their status upgraded to ‘classified’. Spokesperson:
The information we’ve upgraded was not marked classified at the time the emails were sent…That’s our estimation right now.
A State Department official says the department could not do anything in response to the March 2013 hack of longtime Clinton confidant Sidney Blumenthal because it occurred on a non-governmental computer system. The hacked emails, which included Blumenthal’s frequent correspondence with Clinton while she was in office in 2012, were sent by the Romanian hacker to media organizations, which later posted them online.
Clinton’s campaign says emails on the private server she used when she was secretary of state contained material that is now classified. The campaign says the material had been retroactively classified out of an abundance of caution by U.S. intelligence agencies. Th campaign says the controversy amounts to a dispute between different agencies within the Obama administration about what constitutes classified material and what should be released publicly. Spokesperson:
When it comes to classified information, the standards are not at all black and white…She was at worst a passive recipient of unwitting information that subsequently became deemed as classified.
The FBI says an “attempt” was made to wipe Clinton’s email server’s hard drive, to remove all data on it. FBI officials are optimistic that the data can be recovered. Clinton responds at a press conference.
Wipe it with a cloth? I do not know how that works digitally at all.
Employees of Platte River Networks say that Clinton’s email server was kept in an unsecured bathroom closet, and that the company itself was run from a loft apartment. There are apparently some connections between the firm and the Democratic Party. Staff member:
I think it’s really bizarre, I don’t know how that relationship evolved. At the time I worked for them they wouldn’t have been equipped to work for Hilary Clinton because I don’t think they had the resources, they were based out of a loft, so [it was] not very high security, we didn’t even have an alarm. I don’t know how they run their operation now, but we literally had our server racks in the bathroom. I mean knowing how small Platte River Networks… I don’t see how that would be secure [enough for Clinton].
The State Department reports to a Federal court that it is getting back on schedule for publicly releasing Clinton’s emails after falling more than 1,000 pages behind in July, when the need to screen messages for secret information overwhelmed the department. Five security agencies are involved in the review, and have checked 20 percent of the emails, finding 305 messages (5.1%) that needed to be referred to the security agencies to determine whether they did, in fact, have secret information that needed to be redacted before public release. State Dept spokesperson:
We’re taking this very seriously.
Clinton’s campaign sends a 13-paragraph email to supporters defending her email use while at the State Department. Palmieri:
Hillary didn’t send any classified materials over email: Hillary only used her personal account for unclassified email. No information in her emails was marked classified at the time she sent or received them. She viewed classified materials in hard copy in her office or via other secure means while traveling, not on email. What makes it complicated: It’s common for information previously considered unclassified to be upgraded to classified before being publicly released. Some emails that weren’t secret at the time she sent or received them might be secret now. And sometimes government agencies disagree about what should be classified, so it isn’t surprising that another agency might want to conduct its own review, even though the State Department has repeatedly confirmed that Hillary’s emails contained no classified information at the time she sent or received them…To be clear, there is absolutely no criminal inquiry into Hillary’s email or email server. Any and all reports to that effect have been widely debunked. Hillary directed her team to provide her email server and a thumb drive in order to cooperate with the review process and to ensure these materials were stored in a safe and secure manner.
McCulloch, the inspector general for the Intelligence Community, notifies senior members of Congress that seven e-mails contained classified information, including two with top-secret material. Two of a sample of forty classified emails discovered on the server Clinton maintained at her New York home contained material deemed to be ‘TOP SECRET//SI//TK//NOFORN”, one of the highest security classifications. Much of the classified information in the e-mail conversations originated with the CIA, according to two government officials familiar with the records. Some of the information was deemed to be classified by the National Geospatial-Intelligence Agency’s classification guidelines. The information included references to information related to satellite images and electronic communications, according to the officials.
McCullough also located two e-mails that included classified material from among a separate batch of 296 related to the 2012 attacks on U.S. outposts in Benghazi. One of those e-mails had been publicly released by the State Department, causing consternation within the intelligence community. He has also located one additional e-mail in the sample of 40 that was classified at the time it was sent but has since been declassified and two e-mails they believe contain information that the State Department considers classified, and they have alerted the agency so it can conduct its own review. Clinton aides have maintained that nothing on her server was classified at the time she saw it, suggesting that classified messages were given the label after the fact.
Trump claims Abedin has access to Clinton’s emails and that her husband, Weiner, is a deviant.
So think of this – Hillary is giving confidential, top-of-the-line secrets to Huma, who has all her information. Because everything goes through Huma – she has everything – who’s telling her husband, who’s a deviant and now works for a public relations firm…The person seeing her [Clinton’s] emails more than anybody else is Huma. And who’s Huma married to? The worst deviant in the United States of America, right? Weiner!
General Petraeus, his life has been destroyed over a tiny fraction of what she [Clinton] did. He didn’t burn his hard drive. He didn’t get rid of the emails. He told somebody about it, but he didn’t get rid of them. It’s criminal! I’ve said it before and I’ll say it again. It’s criminal!
Clinton says she did not send classified emails from her private server while she was secretary of state.
I am confident that I never sent nor received any information that was classified at the time it was sent and received.
Clinton says has no idea what are the four specific emails the inspector general us talking about in his letter to Congress.
But the facts are pretty clear. I did not send or receive anything that was classified at the time. The vast majority of anything that I sent or received was already on the State Department system, the unclassified State Department system. In order to respond to freedom of information requests, you’d have to go through the same process.