Is it a fact?
Yes and no, IMO. It's a fact, but not necessarily the way you construct it. I have a feeling what happened is something like this:
HUMA: The State Department needs copies of all your work emails for the FOIA.
HILLARY: #### that ####. I am a private citizen, I am not subject to FOIA requests.
HUMA: State Department is claiming your emails were government records.
HILLARY: The hell they were. They were on my own private server. Anything I wanted to share I sent to someone with a state.gov email, or whatever you call that kind of communication.
HUMA: Yeah, it turns out, the State Department can't search for emails that way.
HILLARY: Can we tell them we don't have any emails? I never told anyone about my private server, so they probably don't know about it.
HUMA: No. They know about the server.
HILLARY: Wait...wat...how?
HUMA: Sid sent them some emails he sent to your address. Cheryl had tried to play dumb up to that point, but now they seem serious.
HILLARY: Sid ####### Blumenthal, that little rat.
HUMA: Yeah, he already called to apologize, he thought you had already disclosed those emails. He promised that he kept the other emails, about you know what secret.
HILLARY: Well, do they know about your email? Cheryl's? the others?
HUMA: Yes, Yes, and Yes.
HILLARY: Mother####er
HUMA: So how should we respond? We can send over a flash drive with the emails. That is probably the easiest.
HILLARY: I should rip your tongue out....wait, nevermind, no need to get drastic here
HUMA: Sorry.
HILLARY: Well, we have to get rid of the bad stuff first. I want you to call up Cheryl and Heather, and get them to delete everything that has to do with Bill, the foundation, Chelsea, and that freeloading husband of hers - you and all that extra cash, anything to do with setting up speeches while still in office, foreign donations, and anything where I called Obama a butt face - and for gods sake make sure we get rid of any classified documents.
HILLARY: And, when I say delete, I mean delete everything. E-VER-Y-THING. I want that email server wiped clean. Use a cloth if you have to.
HUMA: I'll get right on it. Should we put what is left on a flash drive?
HILLARY: No. Print those ####ers out, so its impossible to manage. If those bastards are going to make my life difficult now - right back at 'em.