In case anyone is interested in reading what Secretary Clinton has to say about this, IN CONTEXT:
https://www.hillaryclinton.com/briefing/factsheets/2015/07/13/email-facts/
Why did Clinton use her own email account?
When Clinton got to the Department, she opted to use her personal email account as a matter of convenience. It enabled her to reach people quickly and keep in regular touch with her family and friends more easily given her travel schedule.
That is the only reason she used her own account.
Her usage was widely known to the over 100 State Department and U.S. government colleagues she emailed, consistent with the practice of prior Secretaries of State and permitted at the time.
As Clinton has said, in hindsight, it would have been better to just have two accounts. While she thought using one account would be easier, obviously, that has not been the case.
Was it allowed?
Yes. The laws, regulations, and State Department policy in place during her tenure permitted her to use a non-government email for work.
The 2009 National Archives regulation in place during her tenure required that "[a]gencies that allow employees to send and receive official electronic mail messages using a system not operated by the agency must ensure that Federal records sent or received on such systems are preserved in the appropriate agency recordkeeping system." The regulation recognizes the use of non-government email accounts.
As she has stated, Clinton's practice was to email government officials on their ".gov" accounts, so her work emails were immediately captured and preserved. In fact, more than 90% of those emails should have already been captured in the State Department’s email system before she provided them with paper copies.
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Politifact analysis also confirmed that Clinton's practices complied with laws and regulations, including support from the former director of a prominent government accountability organization: "In Clinton's defense, we should note that it was only after Clinton left the State Department, that the National Archives issued a recommendation that government employees should avoid conducting official business on personal emails (though they noted there might be extenuating circumstances such as an emergency that require it). Additionally, in 2014, President Barack Obama signed changes to the Federal Records Act that explicitly said federal officials can only use personal email addresses if they also copy or send the emails to their official account. Because these rules weren't in effect when Clinton was in office, 'she was in compliance with the laws and regulations at the time,' said Gary Bass, founder and former director of OMB Watch, a government accountability organization."
Clinton said she did not use her email to send or receive classified information, but the State Department and two Inspectors General said some of these emails do contain classified information. Was her statement inaccurate?
Clinton only used her account for unclassified email. No information in Clinton's emails was marked classified at the time she sent or received them.
When information is reviewed for public release, it is common for information
previously unclassified to be upgraded to classified if the State Department or another agency believes its public release could cause potential harm to national security, law enforcement or diplomatic relations.
After reviewing a sampling of the 55,000 pages of emails, the Inspectors General have proffered that a small number of emails, which did not contain any classified markings and/or dissemination controls, should have been classified at the time they were sent. The State Department has said it disagrees with this assessment.
Clinton hopes the State Department and the agencies involved in the review process will sort out as quickly as possible which of the 55,000 pages of emails are appropriate to share with the public.
How did Clinton receive and consume classified information?
The Secretary's office was located in a secure area. Classified information was viewed in hard copy by Clinton while in the office. While on travel, the State Department had rigorous protocols for her and traveling staff to receive and transmit information of all types.
A separate, closed email system was used by the State Department for the purpose of handling classified communications, which was designed to prevent such information from being transmitted anywhere other than within that system.
Is Department of Justice conducting a criminal inquiry into Clinton’s email use?
No. As the Department of Justice and Inspectors General made clear, the IGs made a security referral. This was not criminal in nature as misreported by some in the press. The Department of Justice is now seeking assurances about the storage of materials related to Clinton’s email account.
Is it true that her email server and a thumb drive were recently turned over to the government? Why?
Again, when information is reviewed for public release, it is common for information previously unclassified to be upgraded to classified if the State Department or another agency believes its public release could cause potential harm to national security, law enforcement or diplomatic relations.
Clinton hopes that State and the other agencies involved in the review process will sort out as quickly as possible which emails are appropriate to share with the public, and that the release will be as timely and as transparent as possible.
When the Department upgraded some of the previously unclassified email to classified, her team worked with the State Department to ensure copies of her emails were stored in a safe and secure manner. She also directed her team to give her server that hosted her email account while she was Secretary to the Department of Justice, as well as a thumb drive containing copies of her emails that already had been provided to the State Department. Clinton has pledged to cooperate with the government's security inquiry.
Would this issue not have arisen if she used a state.gov email address?
Even if Clinton's emails had been on a government email address and government device, these questions would be raised prior to public release.
While the State Department's review of her 55,000 emails brought the issue to the Inspectors Generals' attentions, the emails that recently were upgraded to classified prior to public release were on the unclassified .gov email system. They were not on the separate, closed system used by State Department for handling classified communications.
Have Clinton's State Department aides also been asked to provide the Department and Congress with emails from their personal accounts?
We understand that members of her State Department staff were recently asked to assist the Department in its record-keeping by providing any work-related emails they may have on personal accounts. They have received requests from Rep. Gowdy as well.
Clinton is proud of the work of all the dedicated public servants that were part of her team at the State Department. She was proud of her aides then and is proud of them now, as they have committed - as she has - to being as helpful as possible in responding to requests.
Press reports say she used multiple devices – a Blackberry and an iPad – is that true?
Clinton relied on her Blackberry for emailing. This was easiest for her. When the iPad came out in 2010, she was as curious as others and found it great for shopping, browsing, and reading articles when she traveled. She also had access to her email account on her iPad and sometimes used it for that too.
Was she ever provided guidance about her use of a non-".gov" email account?
The State Department has and did provide guidance regarding the need to preserve federal records. To address these requirements, it was her practice to email government employees on their ".gov" email address. That way, work emails would be immediately captured and preserved in government record-keeping systems.
What did Clinton provide to the State Department?
On
December 5, 2014, 30,490 copies of work or potentially work-related emails sent and received by Clinton from March 18, 2009, to February 1, 2013, were provided to the State Department. This totaled roughly 55,000 pages. More than 90% of her work or potentially work-related emails provided to the Department were already in the State Department's record-keeping system because those e-mails were sent to or received by "state.gov" accounts.
Early in her term, Clinton continued using an att.blackberry.net account that she had used during her Senate service. Given her practice from the beginning of emailing State Department officials on their state.gov accounts, her work-related emails during these initial weeks would have been captured and preserved in the State Department's record-keeping system. She, however, no longer had access to these emails once she transitioned from this account.
Why did the Select Committee announce that she used multiple email addresses during her tenure?
In fairness to the Committee,
this was an honest misunderstanding. Clinton used one email account during her tenure at State (with the exception of her initial weeks in office while transitioning from an email account she had previously used). In March 2013, a month after she left the Department, Gawker published the email address she used while Secretary, and so she had to change the address on her account.
At the time the printed copies were provided to the Department in 2014, because it was the same account, the new email address established after she left office appeared on the printed copies as the sender, and not the address she used as Secretary. In fact, this address on the account did not exist until March 2013. This led to understandable confusion that was cleared up directly with the Committee after its press conference.
Why didn't Clinton provide her emails to the State Department until December 2014?
In 2014, after recognizing potential gaps in its overall recordkeeping system, the State Department asked for the help of the four previous former Secretaries in meeting the State Department's obligations under the Federal Records Act.
Clinton responded to this request by providing the State Department with over 55,000 pages of emails. As it was Clinton's practice to email U.S. government officials on their .gov accounts, the overwhelming majority of these emails should have already been preserved in the State Department’s email system.
In providing these emails to the Department, Clinton included all she had that were even potentially work-related—including emails about using a fax machine or asking for iced tea during a meeting—erring on the side of over-inclusion, as confirmed by the Department and National Archives' determination that over 1250 emails were "personal" records (which they have indicated will be returned to her).
After providing her work and potentially work-related emails, she chose not to keep her personal, non-work related emails, which by definition, are not federal records and were not requested by the Department or anyone else.
Why did the State Department ask for assistance in collecting records? Why did the State Department need assistance in further meeting its requirements under the Federal Records Act?
The State Department formally requested the assistance of the four previous former Secretaries in a letter to their representatives dated October 28, 2014, to help in further meeting the Department’s requirements under the Federal Records Act.
The letter stated that in September 2013, the National Archives and Records Administration (NARA) issued new guidance clarifying records management responsibilities regarding the use of personal email accounts for government business.
While this guidance was issued after all four former Secretaries had departed office, the Department decided to ensure its records were as complete as possible and sought copies of work emails sent or received by the Secretaries on their own accounts.
Why did Clinton decide not to keep her personal emails?
As Clinton has said before, these were private, personal messages, including emails about her daughter's wedding plans, her mother's funeral services and condolence notes, as well as emails on family vacations, yoga routines, and other items one would typically find in their own email account, such as offers from retailers, spam, etc.
Did Clinton delete any emails while facing a subpoena?
No. As noted, the emails that Clinton chose not to keep were personal emails—they were not federal records or even work-related—and therefore were not subject to any preservation obligation under the Federal Records Act or any request. Nor would they have been subject to the subpoena—which did not exist at the time—that was issued by the Benghazi Select Committee some three months later.
Rep. Gowdy's subpoena issued in March 2015 did not seek, and had nothing to do with, her personal, non-work emails nor her server nor the request by State Department last year for her help in their own record-keeping. Indeed in his
March 19th letter, Rep. Gowdy expressly stated he was not seeking any emails that were "purely personal in nature."
In March 2015, when Rep. Gowdy issued a subpoena to Clinton, the State Department had received all of Clinton's work-related emails in response to their 2014 request, and indeed, had already provided Clinton's relevant emails to Rep. Gowdy’s committee.
Rep. Gowdy, other Republicans, and some members of the media have seized on a CNN interview with Clinton to question her on this point. Rep. Gowdy has even gone so far as to say Clinton is lying. But he and the others are clearly mistaken.As
Vox reported, "