On page 14 and 15 of the evaluation, your report provides an example of a misleading response provided by the Department to a FOIA requester. In December 2012, Citizens for Responsibility and Ethics in Washington (CREW) submitted a FOIA request for records “sufficient to show the number of email accounts of, or associated with, Secretary Hillary Rodham Clinton, and the extent to which those email accounts are identifiable as those of or associated with Secretary Clinton.” The Department responded, stating “no records responsive to your request were located.”
At that time, and as the evaluation notes, Secretary Clinton’s senior staff and several senior officials throughout the Department knew that Secretary Clinton was using a personal email address to conduct official business. According to a briefing by your staff, Mr. Brock Johnson, a spokesman at the Department in 2012, emailed CREW’s FOIA request to Ms. Cheryl Mills, Secretary Clinton’s Chief of Staff. After Ms. Mills received the request, she transmitted it to Ms. Heather Samuelson, a Senior Advisor and White House Liaison at the Department, instructing her to make queries as to the status of the Department’s response to the FOIA request. Ms. Samuelson then tasked it to Mr. Josh Dorosin, a State Department attorney. According to the briefing provided by your staff, when State IG attorneys investigating this matter approached Ms. Mills, she, through her attorney, refused to speak with them. Mr. Dorosin did speak with the investigating State IG attorneys, but when asked about the specific CREW-FOIA tasking he reportedly claimed that he had no recollection of the matter. It is not clear whether Ms. Samuelson or Mr. Johnson were interviewed. In fact, Ms. Mills and senior Department officials knew about Secretary Clinton’s use of private email for official correspondence because they were sending official emails to her non-government email address. They would have known instantly of records responsive to that request. Yet, it was approximately five months later before the Department officially responded to CREW’s request for email accounts associated with Secretary Clinton. And its response was misleading, at best: “no records responsive to your request were located.”