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After
a tremendous amount of work over the last year, the F.B.I. is
completing its investigation and referring the case to the Department of
Justice for a prosecutive decision. What I would like to do today is
tell you three things: what we did; what we found; and what we are
recommending to the Department of Justice.
This
will be an unusual statement in at least a couple ways. First, I am
going to include more detail about our process than I ordinarily would,
because I think the American people deserve those details in a case of
intense public interest. Second, I have not coordinated or reviewed this
statement in any way with the Department of Justice or any other part
of the government. They do not know what I am about to say.
I
want to start by thanking the F.B.I. employees who did remarkable work
in this case. Once you have a better sense of how much we have done, you
will understand why I am so grateful and proud of their efforts.
So, first, what we have done:
The
investigation began as a referral from the Intelligence Community
Inspector General in connection with Secretary Clinton’s use of a
personal email server during her time as secretary of state. The
referral focused on whether classified information was transmitted on
that personal system.
Our
investigation looked at whether there is evidence classified
information was improperly stored or transmitted on that personal
system, in violation of a federal statute making it a felony to
mishandle classified information either intentionally or in a grossly
negligent way, or a second statute making it a misdemeanor to knowingly
remove classified information from appropriate systems or storage
facilities.
Consistent
with our counterintelligence responsibilities, we have also
investigated to determine whether there is evidence of computer
intrusion in connection with the personal email server by any foreign
power, or other hostile actors.
I
have so far used the singular term, “email server,” in describing the
referral that began our investigation. It turns out to have been more
complicated than that. Secretary Clinton used several different servers
and administrators of those servers during her four years at the State
Department, and used numerous mobile devices to view and send email on
that personal domain. As new servers and equipment were employed, older
servers were taken out of service, stored, and decommissioned in various
ways. Piecing all of that back together — to gain as full an
understanding as possible of the ways in which personal email was used
for government work—has been a painstaking undertaking, requiring
thousands of hours of effort.
For
example, when one of Secretary Clinton’s original personal servers was
decommissioned in 2013, the email software was removed. Doing that
didn’t remove the email content, but it was like removing the frame from
a huge finished jigsaw puzzle and dumping the pieces on the floor. The
effect was that millions of email fragments end up unsorted in the
server’s unused — or “slack” — space. We searched through all of it to
see what was there, and what parts of the puzzle could be put back
together.
F.B.I.
investigators have also read all of the approximately 30,000 emails
provided by Secretary Clinton to the State Department in December 2014.
Where an email was assessed as possibly containing classified
information, the F.B.I. referred the email to any U.S. government agency
that was a likely “owner” of information in the email, so that agency
could make a determination as to whether the email contained classified
information at the time it was sent or received, or whether there was
reason to classify the email now, even if its content was not classified
at the time it was sent (that is the process sometimes referred to as
“up-classifying”).
From
the group of 30,000 emails returned to the State Department, 110 emails
in 52 email chains have been determined by the owning agency to contain
classified information at the time they were sent or received. Eight of
those chains contained information that was Top Secret at the time they
were sent; 36 chains contained Secret information at the time; and
eight contained Confidential information, which is the lowest level of
classification. Separate from those, about 2,000 additional emails were
“up-classified” to make them Confidential; the information in those had
not been classified at the time the emails were sent.
The
F.B.I. also discovered several thousand work-related emails that were
not in the group of 30,000 that were returned by Secretary Clinton to
State in 2014. We found those additional emails in a variety of ways.
Some had been deleted over the years and we found traces of them on
devices that supported or were connected to the private email domain.
Others we found by reviewing the archived government email accounts of
people who had been government employees at the same time as Secretary
Clinton, including high-ranking officials at other agencies, people with
whom a secretary of state might naturally correspond.
This
helped us recover work-related emails that were not among the 30,000
produced to State. Still others we recovered from the laborious review
of the millions of email fragments dumped into the slack space of the
server decommissioned in 2013.
With
respect to the thousands of emails we found that were not among those
produced to State, agencies have concluded that three of those were
classified at the time they were sent or received, one at the Secret
level and two at the Confidential level. There were no additional Top
Secret emails found. Finally, none of those we found have since been
“up-classified.”
I
should add here that we found no evidence that any of the additional
work-related emails were intentionally deleted in an effort to conceal
them. Our assessment is that, like many email users, Secretary Clinton
periodically deleted emails or emails were purged from the system when
devices were changed. Because she was not using a government account —
or even a commercial account like Gmail — there was no archiving at all
of her emails, so it is not surprising that we discovered emails that
were not on Secretary Clinton’s system in 2014, when she produced the
30,000 emails to the State Department.
It
could also be that some of the additional work-related emails we
recovered were among those deleted as “personal” by Secretary Clinton’s
lawyers when they reviewed and sorted her emails for production in 2014.
The
lawyers doing the sorting for Secretary Clinton in 2014 did not
individually read the content of all of her emails, as we did for those
available to us; instead, they relied on header information and used
search terms to try to find all work-related emails among the reportedly
more than 60,000 total emails remaining on Secretary Clinton’s personal
system in 2014. It is highly likely their search terms missed some
work-related emails, and that we later found them, for example, in the
mailboxes of other officials or in the slack space of a server.
Continue reading the main story
It
is also likely that there are other work-related emails that they did
not produce to State and that we did not find elsewhere, and that are
now gone because they deleted all emails they did not return to State,
and the lawyers cleaned their devices in such a way as to preclude
complete forensic recovery.
We
have conducted interviews and done technical examination to attempt to
understand how that sorting was done by her attorneys. Although we do
not have complete visibility because we are not able to fully
reconstruct the electronic record of that sorting, we believe our
investigation has been sufficient to give us reasonable confidence there
was no intentional misconduct in connection with that sorting effort.
And,
of course, in addition to our technical work, we interviewed many
people, from those involved in setting up and maintaining the various
iterations of Secretary Clinton’s personal server, to staff members with
whom she corresponded on email, to those involved in the email
production to State, and finally, Secretary Clinton herself.
Last,
we have done extensive work to understand what indications there might
be of compromise by hostile actors in connection with the personal email
operation.
That’s what we have done. Now let me tell you what we found:
Although
we did not find clear evidence that Secretary Clinton or her colleagues
intended to violate laws governing the handling of classified
information, there is evidence that they were extremely careless in
their handling of very sensitive, highly classified information.
For
example, seven email chains concern matters that were classified at the
Top Secret/Special Access Program level when they were sent and
received. These chains involved Secretary Clinton both sending emails
about those matters and receiving emails from others about the same
matters. There is evidence to support a conclusion that any reasonable
person in Secretary Clinton’s position, or in the position of those
government employees with whom she was corresponding about these
matters, should have known that an unclassified system was no place for
that conversation. In addition to this highly sensitive information, we
also found information that was properly classified as Secret by the
U.S. Intelligence Community at the time it was discussed on email (that
is, excluding the later “up-classified” emails).
None
of these emails should have been on any kind of unclassified system,
but their presence is especially concerning because all of these emails
were housed on unclassified personal servers not even supported by
full-time security staff, like those found at Departments and Agencies
of the U.S. Government — or even with a commercial service like Gmail.
Separately,
it is important to say something about the marking of classified
information. Only a very small number of the emails containing
classified information bore markings indicating the presence of
classified information. But even if information is not marked
“classified” in an email, participants who know or should know that the
subject matter is classified are still obligated to protect it.
While
not the focus of our investigation, we also developed evidence that the
security culture of the State Department in general, and with respect
to use of unclassified email systems in particular, was generally
lacking in the kind of care for classified information found elsewhere
in the government.
With
respect to potential computer intrusion by hostile actors, we did not
find direct evidence that Secretary Clinton’s personal email domain, in
its various configurations since 2009, was successfully hacked. But,
given the nature of the system and of the actors potentially involved,
we assess that we would be unlikely to see such direct evidence. We do
assess that hostile actors gained access to the private commercial email
accounts of people with whom Secretary Clinton was in regular contact
from her personal account. We also assess that Secretary Clinton’s use
of a personal email domain was both known by a large number of people
and readily apparent. She also used her personal email extensively while
outside the United States, including sending and receiving work-related
emails in the territory of sophisticated adversaries. Given that
combination of factors, we assess it is possible that hostile actors
gained access to Secretary Clinton’s personal email account.
So that’s what we found. Finally, with respect to our recommendation to the Department of Justice:
In
our system, the prosecutors make the decisions about whether charges
are appropriate based on evidence the F.B.I. has helped collect.
Although we don’t normally make public our recommendations to the
prosecutors, we frequently make recommendations and engage in productive
conversations with prosecutors about what resolution may be
appropriate, given the evidence. In this case, given the importance of
the matter, I think unusual transparency is in order.
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. Prosecutors necessarily weigh a
number of factors before bringing charges. There are obvious
considerations, like the strength of the evidence, especially regarding
intent. Responsible decisions also consider the context of a person’s
actions, and how similar situations have been handled in the past.
In
looking back at our investigations into mishandling or removal of
classified information, we cannot find a case that would support
bringing criminal charges on these facts. All the cases prosecuted
involved some combination of: clearly intentional and willful
mishandling of classified information; or vast quantities of materials
exposed in such a way as to support an inference of intentional
misconduct; or indications of disloyalty to the United States; or
efforts to obstruct justice. We do not see those things here.
To
be clear, this is not to suggest that in similar circumstances, a
person who engaged in this activity would face no consequences. To the
contrary, those individuals are often subject to security or
administrative sanctions. But that is not what we are deciding now.
As
a result, although the Department of Justice makes final decisions on
matters like this, we are expressing to Justice our view that no charges
are appropriate in this case.
I
know there will be intense public debate in the wake of this
recommendation, as there was throughout this investigation. What I can
assure the American people is that this investigation was done
competently, honestly, and independently. No outside influence of any
kind was brought to bear.
I
know there were many opinions expressed by people who were not part of
the investigation — including people in government — but none of that
mattered to us. Opinions are irrelevant, and they were all uninformed by
insight into our investigation, because we did the investigation the
right way. Only facts matter, and the F.B.I. found them here in an
entirely apolitical and professional way. I couldn’t be prouder to be
part of this organization.
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