During a hearing in 2016, Rep. Jason Chaffetz asked FBI Director James Comey whether Hillary Clinton broke the law by using a private email server that was unauthorized to handle classified information from 2009-2013 during her time as secretary of state. Comey responded that she did not, citing a lack of evidence of intent to cause harm or gain personal advantage. Chaffetz, however, disagreed with Comey's conclusion, stating that Clinton's actions constituted a security breach and that she should be held accountable. The FBI's decision not to prosecute Clinton sparked backlash from congressional Republicans and sparked a debate about whether her actions warranted prosecution.
Characteristics | Values |
---|---|
Date | July 2016 |
People Involved | Hillary Clinton, Jason Chaffetz, James Comey, Bryan Pagliano, Huma Abedin, Chelsea Clinton, Cynthia Lummis, Justin Cooper, Elijah Cummings, Lamar Smith, Ken Buck, Bob Goodlatte, Channing D. Phillips, Mike Coffman, Morgan Carroll, Donald Trump, Loretta Lynch, Mark Meadows, Stephen Vladeck, Michael J. Norton |
Organisations | FBI, Clinton family, House Oversight and Government Reform Committee, Clinton presidential campaign of 2008, Secret Service, Platte River Networks, Justice Department, Congress, Republican Party, Democratic Party, CNN, Reddit, r/hillaryclinton, GOP, University of Texas, Project on Government Secrecy, Federation of American Scientists, Judicial Watch, New York Times |
Places | Chappaqua, New York, Washington, Utah, Colorado |
Issues | Clinton email controversy, Clinton's use of a private email server, Clinton's destruction of old devices, Clinton's handling of classified information, Clinton's testimony under oath, Clinton's aides |
Conclusions | Comey: Clinton did not break the law; Chaffetz: Clinton's actions constituted "one of the biggest security breaches in the history of the State Department"; Comey: Clinton was "extremely careless" but did not intend to cause harm or gain personally |
What You'll Learn
Clinton's use of a private email server
Hillary Clinton's use of a private email server during her tenure as Secretary of State drew controversy and scrutiny. Clinton used the server, located in her home in Chappaqua, New York, for all her electronic correspondence—both work-related and personal. She also set up email addresses for her long-time aide, Huma Abedin, and State Department Chief of Staff, Cheryl Mills.
Clinton's use of a private server was a matter of convenience, as she preferred carrying a single smartphone for all her emails. However, critics argued that it gave her total control over her correspondence and made her communications more susceptible to hacking and foreign surveillance.
While Clinton's actions were deemed "extremely careless," FBI Director James Comey stated that she did not break the law, and no charges were filed due to a lack of criminal intent. The controversy surrounding Clinton's emails received extensive media coverage and was a significant issue during the 2016 presidential election, in which she was the Democratic nominee.
The State Department's investigation into Clinton's email practices concluded that she did not comply with department policies and that her use of a private server was "not an appropriate method" of document preservation. The report also noted that Clinton and her senior aides declined to speak with investigators.
In summary, while Clinton's use of a private email server generated intense debate and scrutiny, the FBI ultimately determined that her actions, though careless, did not warrant criminal charges.
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Clinton's handling of classified information
During her time as Secretary of State, Hillary Clinton used a private email server to handle classified information. This server was unauthorised to handle such information and was stored in the basement of her home in Chappaqua, New York.
Clinton's use of a private email server was investigated by the FBI, who found that she had been extremely careless in her handling of classified information. Of the tens of thousands of emails investigated, 113 contained classified information, and three of these bore markings signifying their classification status. Eight email threads contained top-secret information, 36 contained secret information, and the remaining eight contained confidential information.
Despite this, FBI Director James Comey announced that the FBI recommended that no charges be filed against Clinton. Comey stated that "there is evidence that they were extremely careless in their handling of very sensitive, highly classified information," but that "there's not evidence beyond a reasonable doubt that she knew she was receiving classified information or that she intended to retain it on her server."
In response to this, Republican lawmakers, including Rep. Jason Chaffetz, criticised the decision not to prosecute Clinton. Chaffetz, along with Rep. Bob Goodlatte, sent a letter to the U.S. Attorney for the District of Columbia requesting an investigation into whether Clinton had committed perjury and made false statements when testifying under oath before Congress.
Clinton's aide, Justin Cooper, testified that the destruction of Clinton's old mobile devices was "not done in any way to destroy or hide information" but to avoid "putting it in the trash where someone could find it." He also stated that he was not an IT expert and that the security of the private server was handled by Bryan Pagliano.
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Clinton's destruction of old devices
In 2016, during an FBI investigation into Hillary Clinton's use of a private email server, it was discovered that two of Clinton's mobile devices had been destroyed with a hammer. This was done by Clinton's aide, Justin Cooper, who said that it was done to avoid "putting it [the device] in the trash where someone could find it". Cooper also said that he "felt it was good practice" to destroy the old device after all data had been transferred and backed up.
The FBI's investigation concluded that Clinton had been careless but that there were no grounds for prosecution. FBI Director James Comey stated that Clinton "did not break the law". However, some critics, including then-President Donald Trump, have continued to allege that Clinton's use of a hammer to destroy the devices was an attempt to conceal information.
In response to the criticism, security and forensics experts have argued that Clinton's mistake was not in destroying the devices but rather in not destroying them thoroughly enough. They suggest that simple physical destruction methods, such as using a blender and fire, are often the best way to ensure data removal. In the case of Clinton's devices, it is unclear whether breaking the devices in half or hitting them with a hammer actually destroyed the memory chips holding the data.
The controversy surrounding Clinton's use of a private email server and the destruction of old devices has sparked ongoing investigations and hearings by House Republicans. They argue that there are unanswered questions about the security and transparency of Clinton's arrangements. On the other hand, Democrats have dismissed these hearings as redundant and politically motivated.
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Clinton's denial of sending/receiving classified information
On numerous occasions, Hillary Clinton denied sending or receiving classified information.
In March 2015, Clinton said: "I did not email any classified material to anyone on my email. There is no classified material. So I’m certainly well-aware of the classification requirements and did not send classified material."
On the same day, her office released a Q&A that said a “separate, closed email system was used by the State Department for the sole purpose of handling classified communications, which was designed to prevent such information from being transmitted anywhere other than within that system.”
In a March 2015 press conference, Clinton addressed her unusual email arrangement, saying: "I did not email any classified material to anyone on my email. There is no classified material."
Clinton also said: "I never sent or received any emails that were marked classified at the time."
In a July 2016 interview, Clinton reiterated: "Let me repeat what I have repeated for many months now, I never received nor sent any material that was marked classified."
However, FBI Director James Comey said that Clinton's claim that she did not send or receive any information that was marked classified in her personal emails was false. Comey said that more than 2,000 emails contained classified information, and some “bore markings indicating the presence of classified information.”
Comey also said that Clinton's claim that her lawyers "went through every single email" to determine which ones were personal and which were work-related was false. He said that the lawyers used header information and search terms to identify work-related emails, and that it is “highly likely” they missed some.
Despite this, Comey announced that the FBI would not recommend that charges be brought against Clinton or her staff. He said that while Clinton and her staff had been “extremely careless” in their handling of sensitive, highly classified information, they did not act with criminal intent, which is the historical standard for pursuing prosecution.
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Clinton's potential lying under oath
While there were calls for Hillary Clinton to be investigated for breaking the law, FBI Director James Comey stated that "she did not". This was in reference to her use of a private email server during her time as secretary of state, which was investigated by the FBI and found to show carelessness but no grounds for prosecution.
However, this does not address the question of whether Clinton lied under oath during her testimony about the email scandal. During the investigation, Clinton's IT aide, Justin Cooper, testified that he destroyed Clinton's old mobile devices with a hammer, but "not [...] to destroy or hide information". Cooper also stated that he did not have security clearance, despite having access to many State Department emails.
Clinton's lawyer, Robert S. Bennett, stated that Lewinsky's affidavit showed there was "no sex in any manner, shape or form" between Clinton and Lewinsky. The following day, Clinton "coached" her secretary, Betty Currie, to repeat these denials if she was called to testify. This contradicted Clinton's later admission that her relationship with Lewinsky was "wrong" and "not appropriate".
While there is no evidence that Clinton lied under oath, there are inconsistencies in her statements and those of her associates.
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Frequently asked questions
FBI Director James Comey stated that Clinton did not break the law. However, he did say that she was "extremely careless" in her handling of classified information.
Clinton's testimony under oath was not within the scope of the FBI's investigation. However, Chaffetz stated that he would request an investigation into whether Clinton lied under oath.
No, Clinton's lawyers did not have security clearance, despite having access to many State Department emails.