private server

New Evidence Indicates Multiple Hacking Attempts and the Disabling Of Security Protections For Clinton Server

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clintonJonathan Turley – As discussed this week by the TechDirt, new evidence is further contradicting the account of Hillary Clinton as her former aides have increasingly refused to answer questions in depositions or, in one case, invoked the Fifth Amendment over 125 times.  New evidence shows that the State Department was faced with an incompatible use of an unsecured server in sending emails to State Department staff.

 Efforts to convince Clinton to use the secure State Department system were rejected.  Instead, the State Department “solved” the problem by removing security protections — essentially lowering the communications to the security level of the the private server.  Moreover,  as reported by CBS, it is now clear that Clinton did not turn over a critical email expressing her desire to deny access to “personal” emails despite assuring the country that anything remotely connected to the State Department or email system was turned over before her aides deleted tens of thousands of emails.

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Clinton Offers New Explanation For Email Scandal

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emailJonathan Turley – I was on NPR yesterday on the Diane Rehm Show to discuss the Clinton email scandal [link]. Appearing on the show was Brian Fallon, spokesperson for Hillary Clinton, who offered a new and rather implausible spin on the worsening scandal. Fallon said that Clinton was relying on her knowledge that Colin Powell used a personal email account as the reason that she thought her server was approved.

Here is what Fallon said in response to questions from Rehm:

I think that, as she has sought to explain in the multitude of interviews she’s done in the last few days since the report has come out, there was — and this is backed up in the IG report — one of her predecessors, Secretary Powell, had used personal email exclusively.And so she felt that in setting up her arrangement, that since his was approved, that hers was similar enough that it would be approved, too.

As I noted at the time, this is a new explanation. After the report said uncategorically that Clinton never asked for approval and would never have received approval for her unsecure personal server, she has switched from claiming that her server was “allowed” to she “believed it was allowed.”

First, this does not square with repeated concerns raised by security staff that were dismissed by Clinton aides. Second, it does not square with policies signed by Clinton herself telling people not to use personal email for State Department business. Finally, it does not square with the fact that Clinton resisted accepting a secure cellphone and was repeatedly seen using her Blackberry on the seventh floor of the State Department, a secure area (a major breach of security).

However, the biggest problem is that the new spin suggested that Clinton knew that Powell had used personal email years before her tenure. That seems highly dubious. Indeed, Clinton only started discussing the Powell emails after a disclosure from the State department that it found two classified emails had been sent by Powell (emails retroactively identified as classified). Now the campaign is claiming that Clinton knew the details of Powell’s email system (in the early days of email use) and was relying on that knowledge.

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State Department Refutes Key Statements By Clinton On Email Scandal

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state departmentJonathan Turley – While the New York Times has reported that the “State Department’s inspector general sharply criticized Hillary Clinton’s exclusive use of a private email server” and “undermined some of Mrs. Clinton’s previous statements”, the report did far more than criticize and undermine. It directly contradicted Clinton’s assertions on a number of key points.

It further indicated not only clear violations of the State Department rules, but rules that were made clear to Clinton and her staff.  (The Washington Post took a more critical view of Clinton’s statements in light of the report).  Moreover, while this report deals with State regulations and rules (as well as the Federal Records Act), it does have bearing on the ongoing criminal investigation to the degree that it shows knowledge or reckless disregard of the security protocols and rules. It does show precisely that.

The report clearly establishes a number of damaging facts. First, the State Department made clear that a personal server was not allowed and would present serious security risks for the country. Second, Clinton never asked or received permission for such a server.  Third, the State Department would never  have approved such a server. Fourth, Clinton’s objections to using the secure State Department system was not convenience (as she previously stated) but access to her personal emails. Fifth, her actions failed to comply with the Federal Records Act. Sixth, Clinton suspected that she was being hacked but continued to use her personal server exclusively. Finally, the report indicates that Clinton did not fully cooperate with the subsequent inquiries and investigation.

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