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antigop

(12,778 posts)
Mon May 9, 2016, 03:41 PM May 2016

State Department Lacks E-Mails From Clinton Aide During Key Time

Source: Bloomberg

The State Department has no record of e-mails during a key period to or from the staffer who established and maintained a private computer server used by former Secretary of State Hillary Clinton.

The staffer, Bryan Pagliano, was granted immunity in the FBI’s continuing probe into the security of the server. The State Department said Monday that while it does have e-mails related to Pagliano’s employment as a contractor after Clinton left office in 2013, it hasn’t found any from her tenure. The information came in response to a Freedom of Information Act request and a legal filing by the Republican National Committee.

Clinton used private e-mail to send or receive about 60,000 messages from 2009 to 2013. She and her aides said about half were work-related and turned over to the State Department. Under U.S. law, e-mails created or received during the course of official business are federal records.

Clinton’s use of the server has dogged the Democratic front-runner’s bid for the presidency for more than a year. The 68-year-old candidate has apologized for using the server, which she said was set up as a matter of convenience, and has denied she did anything illegal.
‘Shed Light’

"It’s hard to believe that an IT staffer who set up Hillary Clinton’s reckless email server never sent or received a single work-related email in the four years he worked at the State Department," said Raj Shah, deputy communications director at the RNC. "Such records might shed light on his role in setting up Clinton’s server, and why he was granted immunity by the FBI."

Read more: http://www.bloomberg.com/politics/articles/2016-05-09/state-department-lacks-e-mails-from-clinton-aide-during-key-time

124 replies = new reply since forum marked as read
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State Department Lacks E-Mails From Clinton Aide During Key Time (Original Post) antigop May 2016 OP
Nixon's 18 minutes. grasswire May 2016 #1
It's always the OOJ that gets them. leveymg May 2016 #6
Maybe they just don't have them, if he solely used her server and didn't communicate with anyone antigop May 2016 #10
No, because he would have received routine Department mail. leveymg May 2016 #13
but the people he worked with didn't even know what he did. I'm not sure he was on the Dept antigop May 2016 #14
He was a State employee. He would get the same things all DOS employees do - benefits plan updates leveymg May 2016 #19
this just gets more and more interesting by the day, doesn't it? nt antigop May 2016 #25
oh bullshit. you end with a quite from the RNC?!!! certainot May 2016 #92
If Bernie were not an honest politician greiner3 May 2016 #112
post #35 below. State Dept. is continuing to search for them. nt antigop May 2016 #42
Funny how long it takes to find electronic records archived by federal agencies. leveymg May 2016 #47
yes, I found it funny. :-) nt antigop May 2016 #48
or maybe they have them, but they just "misplaced" them temporarily. antigop May 2016 #51
It's called 'Domain Admins' padfun May 2016 #58
I like playing shoot em ups video games greiner3 May 2016 #113
I was thinking that as well; he had to have been a recipient of normal memos and such Babel_17 May 2016 #46
This message was self-deleted by its author antigop May 2016 #12
well as much as I'm thinking she has a problem PatrynXX May 2016 #21
Or Bush's 2001-2007 sofa king May 2016 #88
But we were told to, "Move on." N/T SomeGuyInEagan May 2016 #90
That's what they're trying to tell future President Clinton. sofa king May 2016 #91
They are not lost. The NSA's Carnivore/PRISM program captures everything! TheBlackAdder May 2016 #122
Obstruction. AzDar May 2016 #2
"At this point, what difference does it make?" LOL. . . . floriduck May 2016 #33
NEITHER side had emails? Seriously? tomm2thumbs May 2016 #41
Immunity deal is void and ends if FBI or DOJ Geronimoe May 2016 #63
No. Immunity means he can be compelled to testify without fear yodermon May 2016 #86
The last I knew. People don't get their pay via email. LiberalFighter May 2016 #108
timesheets / invoices / tax forms / updates / follow-up tomm2thumbs May 2016 #116
Is/Was that SOP for all levels of the federal govt? LiberalFighter May 2016 #118
The Clintons privately paid Pagliano for the server’s set-up and upkeep tomm2thumbs May 2016 #124
This message was self-deleted by its author rjsquirrel May 2016 #3
oh thats whos filing all the FOIAs & creating breaking news crap. "Freedom of Information Act reques Sunlei May 2016 #4
No shit Sherlock. 99th_Monkey May 2016 #24
They're not "digging up mis-steps", Republicans file 100s/1,000s of FOIA requests (they have narro Sunlei May 2016 #28
In this case "nothing is found" is a major problem AgerolanAmerican May 2016 #59
or he didn't send 'work' emails to the home server. Sunlei May 2016 #65
where do you think those work emails are, then? AgerolanAmerican May 2016 #67
In your dreams. Sunlei May 2016 #76
Hillary will need Republican votes to win, yes? Hiraeth May 2016 #115
if he had his "work" emails on a State server, then State would have the file. nt magical thyme May 2016 #100
you'll have to file a FOIA request for them. Be specific, requests have a narrow focus. Sunlei May 2016 #101
I don't have to do any such thing. Read the OP; it was in response to FOIA request magical thyme May 2016 #123
If it wasn't a "mis-step", then why did Hillary apologize for it? 99th_Monkey May 2016 #62
She doesn't have any 'baggage'. I think her and Sanders will team-up soon. Sunlei May 2016 #79
Jesus H. Christ on a Cracker!!! chervilant May 2016 #98
+1 MissDeeds May 2016 #43
In other words the great right wing conspiracy is real. joshcryer May 2016 #70
there is definitely a real vast right wing conspiracy to make things go badly for Hillary Clinton AgerolanAmerican May 2016 #78
I believe CREW was the 1st group to file a FOIA for her emails. But that request was shut down by 2cannan May 2016 #66
Brock's tentacles are everywhere dorkzilla May 2016 #87
This message was self-deleted by its author 2cannan May 2016 #119
The cover-up is usually what blows these things up. tabasco May 2016 #5
I don't know what did or didn't happen ripcord May 2016 #95
Somebody must have wiped the server off with a rag or something. n/t tabasco May 2016 #7
probably with peroxide certainot May 2016 #93
Wall Street Journal blog: State Department Can’t Find Emails of Hillary Clinton Server Staffer antigop May 2016 #8
The Shredder...the Shredder did it. I had no idea that shredders tear up papers. libdem4life May 2016 #9
He was a state dept staffer using the .gov system so if emails didn't get saved on the .gov system pnwmom May 2016 #11
The buck stops with the head of State Dept and that was Hillary NWCorona May 2016 #18
Neither Hillary nor the State Dept were in charge of the US .gov email system. n/t pnwmom May 2016 #23
Actually it falls under the bureau of admission and that's under the State Dept. NWCorona May 2016 #29
Links please. n/t pnwmom May 2016 #68
This would be the third time you asked me for backup and to only vanish once I do. NWCorona May 2016 #72
The link is to a page of the National Archives, but I can't find anything on it about pnwmom May 2016 #77
That's weird about the prison sites. NWCorona May 2016 #80
So it was the "Bureau of Administration" not admissions. No wonder I couldn't find it. :) pnwmom May 2016 #82
Lol my bad 😀 I'm glad I cleared that up at least. NWCorona May 2016 #83
. . . pnwmom May 2016 #84
"Foggy," the State Dept dog ate his email. And hers. leveymg May 2016 #22
At least you did not blame Ben, dubbed "diplomutt" by secretary Kerry karynnj May 2016 #97
Hillary is responsible for everything, even toner purchases. Kingofalldems May 2016 #32
The expectations of these Hillary Haters are remarkable! yallerdawg May 2016 #38
The Obama Administration will not be doing the nation or the Party any favors 99th_Monkey May 2016 #15
The FBI's groundwork investigation is finished CoffeeCat May 2016 #74
Ruh Roh... ReRe May 2016 #16
Yup! You can't make this stuff up lol! NWCorona May 2016 #20
Seriously... ReRe May 2016 #31
Aren't we lucky that Plucketeer May 2016 #37
That is sooooo reassuring MissDeeds May 2016 #44
Let's put it this way... ReRe May 2016 #45
Maybe they used the whiteboard on the breakroom fridge door to send messages. OnyxCollie May 2016 #96
Sounding more like Nixon every day. Except more conservative. Doctor_J May 2016 #17
Maybe immunity was for deleting his own emails... HooptieWagon May 2016 #26
Something really odd here zipplewrath May 2016 #34
Perhaps it was that network consultant they hired RufusTFirefly May 2016 #27
"...'Did I go to the lingerie store and charge it to the CIA account?" TrollBuster9090 May 2016 #120
Ooh, I am real interested in what the RNC has to say about Hillary. Kingofalldems May 2016 #30
State Department continuing to search for them, according to thehill.com antigop May 2016 #35
State Dept. does not have text msgs or Blackberry msgs sent to/from Clinton antigop May 2016 #36
Would that be on her private server or the .gov system? Both? leveymg May 2016 #50
Here is the filing antigop May 2016 #53
Here's a bit more from the same report. Bookmarked. leveymg May 2016 #54
Politico: "State Department claims it can't find any Clinton texts or email file for IT aide" antigop May 2016 #39
Well that is problematic. B2G May 2016 #105
very interesting, eh? nt antigop May 2016 #106
I'm still finding it implausible that as SOS from 09-13 she didn't have ANY mail marked classified floppyboo May 2016 #40
She left office in 03/13. leveymg May 2016 #49
sorry, should have typed '09-'13 floppyboo May 2016 #71
Give this a read, it's the entire email investigation from beginning to now.... ThinkCritically May 2016 #73
I read this. floppyboo May 2016 #75
need a job? captainarizona May 2016 #52
From the article TexasBushwhacker May 2016 #55
Kicked and recommended. Uncle Joe May 2016 #56
ABC NEWS: Emails From Hillary Clinton’s IT Director at State Department Appear to Be Missing antigop May 2016 #57
IT DIRECTOR LP2K12 May 2016 #64
Something is fishy.... Land of Enchantment May 2016 #60
Thanks for the update on the RWNJ attack on HRC Cryptoad May 2016 #61
Some guy lost his emails--call the police!! Kingofalldems May 2016 #69
Hillary's Director of IT who was granted immunity by the DoJ.. frylock May 2016 #111
Fitzmas Redux 2banon May 2016 #81
Oh dear. Well, I am sure they are around there somewhere... silvershadow May 2016 #85
There's no pst file for you on an email server unless the server is hosting your account. Thor_MN May 2016 #89
let me make one thing clear: this wouldn't be an issue if she were running unopposed MisterP May 2016 #94
wonder if the FBI found it on the erased server? magical thyme May 2016 #99
We are told the company that was ordered to wipe the server kept a backup copy. If not, it's here: leveymg May 2016 #103
Ain't that a shame? Helen Borg May 2016 #102
1. I do a lot of work for finance, but have never exchanged email with the CFO. ieoeja May 2016 #104
Right... Jcanuk May 2016 #109
No longer government. No idea what any of the departments do. ieoeja May 2016 #110
Mhm, right. thereismore May 2016 #121
post #39. State Dept. did find some of his e-mails in other people's accounts antigop May 2016 #107
FLASHBACK When Millions Of Lost Bush Whitehouse Emails From Private Accounts Triggered A Media Shrug mitty14u2 May 2016 #114
Hubris... EndElectoral May 2016 #117

antigop

(12,778 posts)
10. Maybe they just don't have them, if he solely used her server and didn't communicate with anyone
Mon May 9, 2016, 03:52 PM
May 2016

who had a .gov email address.

leveymg

(36,418 posts)
13. No, because he would have received routine Department mail.
Mon May 9, 2016, 03:56 PM
May 2016

There apparently is none. The only explanation is he erased it all. But, I would expect DOS would have a copy of what it sent to him, and he couldn't wipe that unless he had Admin privileges for the central DOS mail system. Maybe he did? This makes no sense at all, otherwise.

antigop

(12,778 posts)
14. but the people he worked with didn't even know what he did. I'm not sure he was on the Dept
Mon May 9, 2016, 03:58 PM
May 2016

distribution list.

leveymg

(36,418 posts)
19. He was a State employee. He would get the same things all DOS employees do - benefits plan updates
Mon May 9, 2016, 04:00 PM
May 2016

and such.

 

greiner3

(5,214 posts)
112. If Bernie were not an honest politician
Tue May 10, 2016, 12:20 PM
May 2016

He would be involved in this matter also. But he has already said he believes it to be a big distraction. The other way and millions of dollars would be spent on TV ads damning his 'illegal' use of said server.

leveymg

(36,418 posts)
47. Funny how long it takes to find electronic records archived by federal agencies.
Mon May 9, 2016, 04:39 PM
May 2016

A couple key strokes. How long does that take, unless he managed to move, alter or destroy them in the central data bank. He would need Super Administrator rights to do that. Since he was the Secretary's personal IT guy, it would make sense he had that high level authority to mess around with central records. That raises the question, of course, what else he messed around with, and who ordered him to do so, and why. That's why the FBI/DOJ gave him immunity.

antigop

(12,778 posts)
51. or maybe they have them, but they just "misplaced" them temporarily.
Mon May 9, 2016, 04:48 PM
May 2016

They'll continue to look for them, running out the clock.

padfun

(1,786 posts)
58. It's called 'Domain Admins'
Mon May 9, 2016, 05:24 PM
May 2016

And yes, he would have had that access. I have it for a large department in the State of California.
I can access any computer in this Department from my desk. A total of 6000 computers.
And of course, I can access any of our 70 servers.

When a person has Domain Admins access, it is truly "Super Administrator" or "God" rights.

Babel_17

(5,400 posts)
46. I was thinking that as well; he had to have been a recipient of normal memos and such
Mon May 9, 2016, 04:38 PM
May 2016

To not get such correspondence would be unusual, imo.

Response to leveymg (Reply #6)

PatrynXX

(5,668 posts)
21. well as much as I'm thinking she has a problem
Mon May 9, 2016, 04:01 PM
May 2016

1. the Money Laundering issue is well bigger for me and 2. Innocent till proven Guilty. (Same goes for Bernie's team over their ahem reported they reported it . like Acorn reported it , seems people get punished for reporting stuff which kinda comes from personal experience too. hence how the flang (sp) rotted in dads own bathroom. everyone knew the toilet was simply sitting on the floor but were were too scared to tell him O_O )_ anyway , yeah it's supposedly things done after Dec 14 thats a problem if any.. Don't know don't work for the FBI, and the NSA I flip off in my webcam if they are bored enough to look me in the face or forehead

sofa king

(10,857 posts)
91. That's what they're trying to tell future President Clinton.
Mon May 9, 2016, 10:23 PM
May 2016

That's what this has always been about, a threat of future prosecution to protect their own enormous crimes.

After the election, a President Clinton can crack open 22 MILLION violations of the Presidential Records Act and tag five to ten thousand Republicans--the ones who can read and write, no less--with crimes that will ensure that none of them ever hold security clearances or federal jobs, ever again.

So they're pushing this bullshit like their futures depend upon it. Because they do.

tomm2thumbs

(13,297 posts)
41. NEITHER side had emails? Seriously?
Mon May 9, 2016, 04:29 PM
May 2016

from article: "The Clintons privately paid Pagliano".
But no emails whatsover for 5 years?
Yet he was magically paid from out of thin air?

Here's how it sounds to me like they are going to play this. Bryan Pagliano already received immunity. He won't need to tell the truth. They'll put everything and anything on him. He deleted everything. Definition of a fall-guy. No paper trail. It was all HIS doing.

Oh, and he has immunity, thus, nothing to see here. Move along.

yodermon

(6,143 posts)
86. No. Immunity means he can be compelled to testify without fear
Mon May 9, 2016, 08:55 PM
May 2016

of self-incrimination. It does Not mean he can decline to testify (he can still be jailed for contempt) or lie (perjury).

Immunity is a bargain - - he has to uphold his end of it.

Response to antigop (Original post)

Sunlei

(22,651 posts)
4. oh thats whos filing all the FOIAs & creating breaking news crap. "Freedom of Information Act reques
Mon May 9, 2016, 03:46 PM
May 2016

"Freedom of Information Act request and a legal filing by the Republican National Committee"

 

99th_Monkey

(19,326 posts)
24. No shit Sherlock.
Mon May 9, 2016, 04:05 PM
May 2016

That is what opposition parties DO, is dig up every ugly illegal mis-step
committed by the opposing party.

Which is the shit-storm Hillary is facing in the GE, AND in impeachment
proceedings if/when she's elected POTUS.

This is news to you?

This is why she's unfit for office. Squeaky clean Bernie is a much better
choice for all concerned, except Hillary.

Sunlei

(22,651 posts)
28. They're not "digging up mis-steps", Republicans file 100s/1,000s of FOIA requests (they have narro
Mon May 9, 2016, 04:12 PM
May 2016

(FOIA requests have a very narrow focus). Nothing is found, then republicans sue justice department over the 'no info found' FOIA and nothing again is found.

Republicans create a 'news story' over nothing. They know everyone who dislikes Mrs. Clinton will carry water for Republicans.

 

AgerolanAmerican

(1,000 posts)
59. In this case "nothing is found" is a major problem
Mon May 9, 2016, 05:32 PM
May 2016

That staffer was paid by the taxpayer for 5 years.

One of the following is true:

a) The IT staffer specifically requested by Clinton sent zero official work emails in five years; OR

b) someone destroyed his email records

Both are felonies.

 

magical thyme

(14,881 posts)
123. I don't have to do any such thing. Read the OP; it was in response to FOIA request
Tue May 10, 2016, 06:03 PM
May 2016

that State admitted they don't have his emails from 2009-2013.


 

99th_Monkey

(19,326 posts)
62. If it wasn't a "mis-step", then why did Hillary apologize for it?
Mon May 9, 2016, 05:43 PM
May 2016

It's absurd to suggest -- as you appear to be doing -- that the massive scale of Hillary's
baggage has absolutely nothing to do with her unfavorables and the extent of the GOP
hostility to her candidacy.

By way of contrast, Bernie -- a Democratic fucking Socialist -- enjoys support of 25% of
GOP voters in his home state of Vermont. The contrast could not be more striking.

Hillary's premature hardwired-by-super-delegates presumptive nomination, will be an
unmitigated disaster for both the Party and the country she claims to love and care
about so much.

chervilant

(8,267 posts)
98. Jesus H. Christ on a Cracker!!!
Tue May 10, 2016, 12:58 AM
May 2016

I find it astonishing that the Democratic Party du jour is promoting a candidate who is being investigated by the FBI. This is wrong on so many levels.

(Don't bother to reply; I just updated my IL...)

 

MissDeeds

(7,499 posts)
43. +1
Mon May 9, 2016, 04:35 PM
May 2016

I believe if Hillary or Trump is elected, impeachments will be forthcoming. Each of them has too much baggage and too many hints of impropriety to simply get a pass once in office - god forbid.

joshcryer

(62,270 posts)
70. In other words the great right wing conspiracy is real.
Mon May 9, 2016, 06:45 PM
May 2016

And people enable it under the guise of truth seeking.

 

AgerolanAmerican

(1,000 posts)
78. there is definitely a real vast right wing conspiracy to make things go badly for Hillary Clinton
Mon May 9, 2016, 07:13 PM
May 2016

and the ringleader of that vast right wing conspiracy is one Hillary Clinton

2cannan

(344 posts)
66. I believe CREW was the 1st group to file a FOIA for her emails. But that request was shut down by
Mon May 9, 2016, 06:16 PM
May 2016

one of Clinton's best buds, David Brock.

This is from Paul Thompson's Clinton Email Scandal Timeline.
http://thompsontimeline.com/The_Clinton_Email_Scandal_-_Long_Version_-_Part_4

snip

Shortly After March 2, 2015: The main government watchdog trying to get Clinton's emails is silenced by a Clinton ally. Citizens for Responsibility and Ethics in Washington (CREW) had been pursuing the public release of all of Clinton's emails. CREW has been one of the top political watchdog organizations, targeting unethical and corrupt behavior in both major political parties. But in August 2014, CREW was effectively taken over by David Brock, a close Clinton ally who runs the main Super PAC (political action committee) for her presidential campaign. In December 2012, CREW filed the first Freedom of Information Act (FOIA) request seeking Clinton's emails from when she was secretary of state, and that began a long legal battle over the issue. However, after Clinton's email scandal becomes public following a New York Times story on it on March 2, 2015, the new CREW leadership decides not to pursue the issue. Anne Weismann, CREW's chief counsel who led the search for the emails, will later comment, "It was made quite clear to me that CREW and I would not be commenting publicly on the issue of Secretary Clinton using a personal email account to conduct agency business. The fact that we said nothing on that subject says volumes." Weismann soon quits CREW as a result. Others also quit. Louis Mayberg, a cofounder of CREW, quits in March 2015, saying, "I have no desire to serve on a board of an organization devoted to partisanship." He also says that CREW's lack of action regarding the email scandal is another key factor in his departure. (Bloomberg News, 4/11/2016)

dorkzilla

(5,141 posts)
87. Brock's tentacles are everywhere
Mon May 9, 2016, 09:54 PM
May 2016

I don't know why I continue to be shocked by the depth of their maneuvering, but I admit I'm gobsmacked.

Response to Sunlei (Reply #4)

 

tabasco

(22,974 posts)
5. The cover-up is usually what blows these things up.
Mon May 9, 2016, 03:48 PM
May 2016

I wish this email business would just go away but it keeps growing legs.

ripcord

(5,387 posts)
95. I don't know what did or didn't happen
Mon May 9, 2016, 11:18 PM
May 2016

but I wish Mrs. Clinton would stop giving the republicans ammo.

 

certainot

(9,090 posts)
93. probably with peroxide
Mon May 9, 2016, 10:48 PM
May 2016

or soap.

i wonder if they mr clean, or something biodegradable from whole foods or something

if it wasn't biodegradable she should be disqualified

 

libdem4life

(13,877 posts)
9. The Shredder...the Shredder did it. I had no idea that shredders tear up papers.
Mon May 9, 2016, 03:50 PM
May 2016

Or servers, I brought my kitchen towel to wipe them clean, but they said that wouldn't do the trick. So, I'm just at a loss as to how this happened.

I just hired this guy to teach me how to do the internet thingy...and I only could manage one hand held device. See there that goes to show how ignorant and unuseful he was.

It's just a theory, of course.

pnwmom

(108,977 posts)
11. He was a state dept staffer using the .gov system so if emails didn't get saved on the .gov system
Mon May 9, 2016, 03:53 PM
May 2016

that wouldn't be Hillary's fault.

NWCorona

(8,541 posts)
18. The buck stops with the head of State Dept and that was Hillary
Mon May 9, 2016, 04:00 PM
May 2016

His emails are there from Kerry's tenure.

NWCorona

(8,541 posts)
72. This would be the third time you asked me for backup and to only vanish once I do.
Mon May 9, 2016, 06:56 PM
May 2016

I'm not trying to be rude but it gets frustrating after awhile. I'm not saying it's just you BTW. I actually like some of your posts a lot.

The Bureau of Admission manages email retention in accordance to the guidelines set up by the NARA
Have a look hear.

https://www.archives.gov/records-mgmt/email-mgmt.html

pnwmom

(108,977 posts)
77. The link is to a page of the National Archives, but I can't find anything on it about
Mon May 9, 2016, 07:12 PM
May 2016

the "Bureau of Admission" and when I google that all I seem to get are links to various prison sites.

It also refers to a law that won't even be in full effect till December of this year -- so it wasn't in effect during Hillary's term.

Federal agencies are required to manage their email records in accordance with the Federal Records Act and 36 CFR Chapter XII Sub-chapter B.

With the issuance of the Managing Government Records Directive (M-12-18), Goal 1.2, agencies are required to manage both permanent and temporary email records in an accessible electronic format by December 31, 2016. NARA's Capstone Approach and GRS 6.1 provide one way in which Federal agencies can meet these requirements. To find additional information on how individual agencies are managing email please go to NARA's Agency Email Management web page.

NWCorona

(8,541 posts)
80. That's weird about the prison sites.
Mon May 9, 2016, 07:25 PM
May 2016

Try this link
http://m.state.gov/mc682.htm

In regards to that link you quoted. That may be but what law does it supersede? I can't say for certain but it probably wasn't much different. I'm going of old info and things can change I'll admit that.

pnwmom

(108,977 posts)
82. So it was the "Bureau of Administration" not admissions. No wonder I couldn't find it. :)
Mon May 9, 2016, 07:41 PM
May 2016

Anyway the law -- which modernized the records act to include email communications -- didn't take effect until 2014, after Hillary left the State Department. This is probably why Karl Rove wasn't held responsible for destroying millions of emails.

http://mediamatters.org/research/2015/03/03/the-new-york-times-deceptive-suggestion-that-hi/202726

The New York Times accused Hillary Clinton of potentially violating federal law pertaining to the preservation of e-mail records while acting as Secretary of State, but requirements to maintain such records did not exist during her tenure.

NYT: Clinton's Use Of Private Email During Time At The State Department May Have Violated Federal Law. In a March 2 report, The New York Times accused former Secretary of State Hillary Clinton of possibly having "violated federal requirements that officials' correspondence be retained as part of the agency's record" with the use of personal email for official government business during her time at the department.The Times reported, "Under federal law, however, letters and emails written and received by federal officials, such as the secretary of state, are considered government records and are supposed to be retained so that congressional committees, historians and members of the news media can find them. There are exceptions to the law for certain classified and sensitive materials." [The New York Times,3/2/15]

But The Law Overseeing Retention Of Private Emails Was Not Changed Until After Clinton Left The State Department

President Obama Signed Update To Federal Records Act In 2014. The Presidential and Federal Records Act Amendments of 2014 became law on November 26, 2014. [Congress.gov, accessed 3/3/15]


National Archives Official: 2014 Federal Records Law Clarified How Private Email Should Be Handled. Among the "major points" in the 2014 law highlighted by the National Archives was: "Clarifying the responsibilities of Federal government officials when using non-government email systems." [Records Express, National Archives, 12/2/14]
2014 Federal Records Law Marked "The First Significant Changes To The Federal Records Act Of 1950." According to the National Archives, the 2014 law marked "the first significant changes to the Federal Records Act of 1950." [Records Express, National Archives, 12/2/14]

Law Signed "Two Years After Clinton Stepped Down." Criticizing the Times article's insinuation that Clinton violated the law, Daily Banter contributor Bob Cesca pointed out: "The article doesn't say which federal regulation, though. Why? Perhaps because the federal regulations went into effect in late November, 2014 when President Obama signed H.R. 1233, modernizing the Federal Records Act of 1950 to include electronic communications. It was signed two years after Clinton stepped down." [The Daily Banter, 3/3/15]


http://www.newsweek.com/colin-powell-emails-hillary-clinton-424187

In addition to the classified email system used in SCIFs, there are personal email accounts. Prior to 2013, these could be accounts inside the relatively unsecure State Department system or private email accounts. If they are private—running through a commercial or personal server—they have to follow some rules set up in the Federal Register . There are no guards, no red-black procedures, no construction rules, no special rooms, no TEMPEST, no TSCM. And most important: Until 2013, there was no rule against using them. In fact, the rules specifically allowed for them. Check out the relevant section in the Code of Federal Regulations (36 CFR Chapter XII, Subchapter B, section 1236.22b) for the rules regarding the use of personal email accounts by any State Department official.

To give an idea of how insecure these communications could be, Powell’s personal email is an AOL account, and he used it on a laptop when he communicated with foreign officials and ambassadors, unless the information qualified for a SCIF. (Clinton sent only one email to a foreign dignitary through her personal account, and her communications with ambassadors were, for the most part, by phone.)

http://www.pensitoreview.com/2015/03/18/flashback-rove-erases-22-million-white-house-emails-on-private-server-at-height-of-u-s-attorney-scandal-media-yawns/

Flashback: Rove Erases 22 Million White House Emails on Private Server at Height of U.S. Attorney Scandal – Media Yawns

NWCorona

(8,541 posts)
83. Lol my bad 😀 I'm glad I cleared that up at least.
Mon May 9, 2016, 07:50 PM
May 2016

Also I'm not giving Powell and the rest a pass either.

karynnj

(59,503 posts)
97. At least you did not blame Ben, dubbed "diplomutt" by secretary Kerry
Tue May 10, 2016, 12:46 AM
May 2016

But this would have likely happened before Clinton left.

Kingofalldems

(38,456 posts)
32. Hillary is responsible for everything, even toner purchases.
Mon May 9, 2016, 04:15 PM
May 2016

And if there is a bank robbery--it is also her fault.

yallerdawg

(16,104 posts)
38. The expectations of these Hillary Haters are remarkable!
Mon May 9, 2016, 04:27 PM
May 2016

We have Republican Congress's cutting money; everything is purchased from lowest bidder; they must think cream-of-the-crop IT specialists sign up to work for the guv'mint; and ever-evolving technology and advances is right at their fingertips?

Will they ever understand the Federal government for the most part chugs along like that submarine and crew from "Das Boot" - putting fingers in holes and praying they just make it home?

Most people who know government understood immediately why Hillary used a "home-brewed server in her basement." It worked!

 

99th_Monkey

(19,326 posts)
15. The Obama Administration will not be doing the nation or the Party any favors
Mon May 9, 2016, 03:58 PM
May 2016

by letting anything slide or be covered up with Hillary's email mess.

If they do, the GOP will go absolutely apeshit with it in the GE and/or after
the GE if she wins ... I'd give her only about 4-6 months before impeachment
proceedings begin.

And everytime something like this hits the news, she looks more and more
"guilty" of hiding something.

CoffeeCat

(24,411 posts)
74. The FBI's groundwork investigation is finished
Mon May 9, 2016, 07:02 PM
May 2016

In March, the FBI announced the only remaining hurdles were to interview Clinton's aids and Clinton. Clinton's aids were interviewed in April. We can assume that they'll be finished with Clinton in May.

This is a very unique situation. The FBI all ready knows what happened. They've got an electronic trail that tells the story. The interviews merely put into context what they all ready know.

There is no more detective work to be done. I would be shocked if the FBI didn't present their evidence/findings to the DOJ sometime in June. Early July at the latest.

This will most likely impact our Democratic Conventions.

The FBI is not a "right-wing conspiracy", nor is this a Republican-convicted scandal. Hillary supporters who are perpetuating that tripe, need to step off. This is a very serious situation that could throw our primary into turmoil. All good Democrats who care about our party and this election--need to stay informed about what is happening.

We need to ask questions and discuss without flicking indictment fairy memes mocking us. I'm sick of Hillary supporters bashing good Democrats because they are curious and concerned that our frontrunner may be indicted, during a presidential election in which Donald Trump is the nominee.


 

Doctor_J

(36,392 posts)
17. Sounding more like Nixon every day. Except more conservative.
Mon May 9, 2016, 03:59 PM
May 2016

What a great party the turd way has made us into.

 

HooptieWagon

(17,064 posts)
26. Maybe immunity was for deleting his own emails...
Mon May 9, 2016, 04:11 PM
May 2016

...though there should be copies with senders and receivers.

zipplewrath

(16,646 posts)
34. Something really odd here
Mon May 9, 2016, 04:24 PM
May 2016

If they ever existed, it would be REALLY hard to get rid of all evidence of them. Even if his were stored on the private server, copies would exist elsewhere. About the only way to pull this off would be to have a separate account. But even that would be hard to cover because they'd still find them and it would be obvious who was writing. The only other option would not to be using email at all and having some other method of communication instead that didn't involve the email system. And again, it would mean that he communicated with NO ONE using the email system.

Quite honestly, it suggests that someone doesn't know how, or where, to look.

TrollBuster9090

(5,954 posts)
120. "...'Did I go to the lingerie store and charge it to the CIA account?"
Tue May 10, 2016, 02:53 PM
May 2016

"'COURSE ya did, ya old buffoon! Ya went there to buy leotards for our two little girls!"

(Oliver North, of course, hired Fawn Hall for her ability to stuff classified documents down the back of her skirt, and sneak them out past the White House guards. That was pre-email days.)

http://assets.nydailynews.com/polopoly_fs/1.20753.1430862399!/img/httpImage/image.jpg_gen/derivatives/gallery_1200/oliver-north-1987.jpg

antigop

(12,778 posts)
36. State Dept. does not have text msgs or Blackberry msgs sent to/from Clinton
Mon May 9, 2016, 04:26 PM
May 2016

"the State Department also does not have any text messages or BlackBerry Messenger messages sent to or from Clinton during her time in office,"

http://thehill.com/policy/national-security/279233-state-dept-claims-to-have-no-emails-from-clinton-it-aide

antigop

(12,778 posts)
53. Here is the filing
Mon May 9, 2016, 04:52 PM
May 2016
https://www.scribd.com/doc/312022543/RNC-v-Dept-of-State

Plaintiff and the State Department have engaged, and continue to engage, in discussionsregarding the scope of Plaintiff’s FOIA requests. Through those discussions, some issues have been resolved. Specifically, with respect to the following two FOIA requests in this case, theState Department has represented that no responsive records exist:

Any and all emails sent to, or sent by, Bryan Pagliano for the time period May 1, 2009through February 1, 2013

Any and all text messages or BlackBerry Messenger messages (BBMs) sent to, or sent by, Hillary Clinton for the time period May 1, 2009 through February 1, 2013.

leveymg

(36,418 posts)
54. Here's a bit more from the same report. Bookmarked.
Mon May 9, 2016, 04:52 PM
May 2016
In addition to the Pagliano emails, the State Department also does not have any text messages or BlackBerry Messenger messages sent to or from Clinton during her time in office, according to a federal court filing by the RNC on Monday.

The department’s inability to find any emails to or from Pagliano is likely to raise new questions about its record-keeping habits, and the role that he played within the department.

Pagliano has emerged as a key figure in the growing saga surrounding Clinton’s controversial email setup.

After working on her 2008 campaign, Pagliano is reported to have set up the server in her Chappaqua, N.Y., home the following year and maintained it in the following years..

http://thehill.com/policy/national-security/279233-state-dept-claims-to-have-no-emails-from-clinton-it-aide

antigop

(12,778 posts)
39. Politico: "State Department claims it can't find any Clinton texts or email file for IT aide"
Mon May 9, 2016, 04:28 PM
May 2016
http://www.politico.com/blogs/under-the-radar/2016/05/hillary-clinton-texts-bryan-pagliano-emails-222973

The State Department maintains that it cannot find any text messages sent to or from former Secretary of State Hillary Clinton and cannot locate any emails received or sent by a key information technology staffer during her tenure, lawyers for the Republican Party said in a court filing Monday.

However, a State spokeswoman said Monday the agency has located some emails belonging to the computer specialist, Bryan Pagliano, although the messages were found in other people's accounts.
 

B2G

(9,766 posts)
105. Well that is problematic.
Tue May 10, 2016, 10:26 AM
May 2016

"However, a State spokeswoman said Monday the agency has located some emails belonging to the computer specialist, Bryan Pagliano, although the messages were found in other people's accounts."

floppyboo

(2,461 posts)
75. I read this.
Mon May 9, 2016, 07:07 PM
May 2016

especially found this bit interesting: (from the above link)
*Digression for a relevant personal anecdote*


I actually got a taste of the US government’s email system during my internship at Sandia National Laboratories in California last summer. Upon starting my internship, I was given a “sandia.gov” email, which I could only access from a computer on-site and with a randomly generated password each time. Every time before I could send an email through my sandia.gov email, a pop-up dialogue would ask me, “Is there any classified information in this message?” and if I clicked “Yes” it would take me to a range of classification options I could choose to mark the email with – sensitive, , confidential, secret, top secret etc, if I said “No” it would just send the email.

Nothing I ever sent was classified (except maybe when I emailed my boss telling him I was leaving work early because I was sick, but actually drove to Sacramento to go sky-diving). But it lends me perspective on how the FBI might be investigating this case. Was her private email server even set up to ask her that question about classification any time she sent an email? And if it wasn’t, was the recipient, someone hopefully with an official “.gov” email, marking it classified when they got it? Is that their responsibility? Questions I don’t really know the answer to, but some thoughts to keep in mind.


And this is why she shouldn't have been using it! And was beyond naiive to not question EVER receiving 'confidential' email -- if the writer is correct in his suspicions. (edited to add that it is speculative, but sounds like a good explanation to me)

TexasBushwhacker

(20,187 posts)
55. From the article
Mon May 9, 2016, 05:16 PM
May 2016

"Clinton used private e-mail to send or receive about 60,000 messages from 2009 to 2013. She and her aides said about half were work-related and turned over to the State Department. Under U.S. law, e-mails created or received during the course of official business are federal records."

So she's only turned over the half that SHE says are work related? I realize that personal e-mails can be embarrassing, but letting her and her staff decide what is and isn't going to be released seems like a big fat conflict of interest.

antigop

(12,778 posts)
57. ABC NEWS: Emails From Hillary Clinton’s IT Director at State Department Appear to Be Missing
Mon May 9, 2016, 05:20 PM
May 2016
http://abcnews.go.com/Politics/emails-found-hillary-clintons-senior-staffer-state-department/story?id=38989504

The State Department said today it can’t find any of Bryan Pagliano’s emails from the time he served as Secretary of State Hillary Clinton’s senior information technology staffer during her tenure there.

Pagliano would have been required to turn over any official communications from his work account before he left the government. State Department officials say he had an official email account, but that they can't find any of those records and continue to search for them.

“The Department has searched for Mr. Pagliano’s email pst file and has not located one that covers the time period of Secretary Clinton’s tenure,” State Department spokesman Elizabeth Trudeau said today, referencing a file format that holds email.

“To be clear, the Department does have records related to Mr. Pagliano and we are working with Congress and [Freedom of Information Act] requesters to provide relevant material. The Department has located a pst from Mr. Pagliano’s recent work at the Department as a contractor, but the files are from after Secretary Clinton left the Department," Trudeau added.

frylock

(34,825 posts)
111. Hillary's Director of IT who was granted immunity by the DoJ..
Tue May 10, 2016, 12:08 PM
May 2016

scrubbed his emails. Nothing to see here, folks, Just some VRWCNJBS, amirite?

 

2banon

(7,321 posts)
81. Fitzmas Redux
Mon May 9, 2016, 07:34 PM
May 2016

quell surprise.


Anyone remember that mysterious fire in Dick Cheney's office caused by the shredding machine?

If memory serves, it was during or just after that Grand Jury proceeding we were hoping to see Karl Rove, Scooter Libby, and Dicky himself frog marched to a prosecution that just didn't happen, except for Scooter fell on his sword for his master.

It's all sort of hazy right now, but it was a sort of precedent in how these kinds of things were going to play out for any level of future security breaches conducted within the high offices of the State Department.

I was actually stunned that Petraeus was forced to resign on his breach. Not that he didn't deserve to be, but I don't get how some in high places can manage to avoid facing criminal prosecutions and others get nailed for similar conduct or worse.

mind boggling.

In any event, this appears to be going just as I predicted so far.

Fitzmas Redux.



 

Thor_MN

(11,843 posts)
89. There's no pst file for you on an email server unless the server is hosting your account.
Mon May 9, 2016, 09:59 PM
May 2016

The pst file is your acount, your inbox and outbox. If you don't have an account, no pst file.

That they have not found a pst file for Pagliano likely means that he had his own server, hardly surprising for someone that sets u servers and knew that the State Department's servers were inadequate. Why anyone would assume that his account would be on Clinton's private server is an indication how much that person hopes this means something nefarious.

Someone in the other thread that got locked trotted out a theory that mysterious "other people" had missing pst files as well, with absolutely nothing to back up who these "other people" were, or why they would have had an account on Clinton's server.

MisterP

(23,730 posts)
94. let me make one thing clear: this wouldn't be an issue if she were running unopposed
Mon May 9, 2016, 11:02 PM
May 2016

DU'd grumble but it'd only become a partisan issue as usual--it's a Republican trick, then the FBI's full of staybehinds, and then we can't mention corruption and paranoia because that'd just help Jeb

Helen Borg

(3,963 posts)
102. Ain't that a shame?
Tue May 10, 2016, 09:09 AM
May 2016

How many of GWB's email went missing? This is a trick that get used over and over. And nobody ever goes to jail for it.

 

ieoeja

(9,748 posts)
104. 1. I do a lot of work for finance, but have never exchanged email with the CFO.
Tue May 10, 2016, 10:07 AM
May 2016

So it would hardly be surprising this guy never exchanged email with Hillary.


2. I, like most IT, delete emails when I am done with them. Why would I hold onto some two week old email? It wastes space and clutters up my inbox.


Jcanuk

(5 posts)
109. Right...
Tue May 10, 2016, 10:38 AM
May 2016

As an IT person, do you understand how email archiving/backups are performed at the Federal level?

 

ieoeja

(9,748 posts)
110. No longer government. No idea what any of the departments do.
Tue May 10, 2016, 11:23 AM
May 2016

We archive everything over 90 days old. So if he never lets anything get that old.... And since he is apparently an email administrator, he might be more conscientious about deleting emails to avoid wasting space.

antigop

(12,778 posts)
107. post #39. State Dept. did find some of his e-mails in other people's accounts
Tue May 10, 2016, 10:33 AM
May 2016
http://www.democraticunderground.com/?com=view_post&forum=1014&pid=1443363

However, a State spokeswoman said Monday the agency has located some emails belonging to the computer specialist, Bryan Pagliano, although the messages were found in other people's accounts.

mitty14u2

(1,015 posts)
114. FLASHBACK When Millions Of Lost Bush Whitehouse Emails From Private Accounts Triggered A Media Shrug
Tue May 10, 2016, 12:29 PM
May 2016

FLASHBACK: When Millions Of Lost Bush White House Emails (From Private Accounts) Triggered A Media Shrug

Even for a Republican White House that was badly stumbling through George W. Bush's sixth year in office, the revelation on April 12, 2007 was shocking. Responding to congressional demands for emails in connection with its investigation into the partisan firing of eight U.S. attorneys, the White House announced that as many as five million emails, covering a two-year span, had been lost.

The emails had been run through private accounts controlled by the Republican National Committee and were only supposed to be used for dealing with non-administration political campaign work to avoid violating ethics laws. Yet congressional investigators already had evidence private emails had been used for government business, including to discuss the firing of one of the U.S. attorneys. The RNC accounts were used by 22 White House staffers, including then-Deputy Chief of Staff Karl Rove, who reportedly used his RNC email for 95 percent of his communications.

As the Washington Post reported, "Under federal law, the White House is required to maintain records, including e-mails, involving presidential decision- making and deliberations." But suddenly millions of the private RNC emails had gone missing; emails that were seen as potentially crucial evidence by Congressional investigators.

http://mediamatters.org/blog/2015/03/10/flashback-when-millions-of-lost-bush-white-hous/202820

The Right Wing "BIAS" Media, Power and Greed is running the GOP, Sickening!

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