State Department can’t find emails of top Clinton IT staffer

The FBI has taken possession of Bryan Pagliano’s computer system.

Politico: The State Department has told Senate investigators it cannot find backup copies of emails sent by Bryan Pagliano, the top Hillary Clinton IT staffer who maintained her email server but has asserted his Fifth Amendment right and refused to answer questions on the matter.

State officials told the Senate Judiciary Committee in a recent closed-door meeting that they could not locate what’s known as a “.pst file” for Pagliano’s work during Clinton’s tenure, which would have included copies of the tech expert’s emails, according to a letter Chairman Chuck Grassley sent to Secretary of State John Kerry that was obtained by POLITICO.

The department also told the committee the FBI has taken possession of Pagliano’s government computer system, where traces of the messages are most likely to be found, according to the letter.

Grassley, an Iowa Republican, has been considering whether to grant Pagliano immunity in exchange for testimony on who approved Clinton’s private email setup and whether anyone raised any objections to the system. The controversy over her decision to bypass a government email address, which would have made her messages easier for reporters and the public to obtain, has dogged the presidential hopeful for much of the year, though it has subsided in recent weeks.

Pagliano — who worked for Clinton’s 2008 presidential campaign, then followed her to the State Department — has refused to discuss Clinton’s email arrangement or his role in it, invoking his right against self-incrimination before the House Benghazi Committee earlier this fall.

Clinton had personally paid Pagliano to maintain her home-made server, which is also currently in the FBI’s possession. The agency has been investigating whether classified material was ever put at risk because she used her own server instead of the standard State email system. The State Department has designated about 1,000 of her emails as classified documents, which would never have been allowed on such a private system. Clinton’s representatives maintain that the emails were not classified at the time they were sent.

Pagliano’s lawyer could not be reached for comment.

Grassley had requested Pagliano’s emails to help inform his decision whether to grant Pagliano immunity.

“Given that the committee is unable to obtain [Pagliano’s] testimony at this time, I am seeking copies of his official State Department emails relevant to the Committee’s inquiry before proceeding to consider whether it might be appropriate to grant him immunity and compel his testimony,” Grassley’s letter states. It notes that such emails are a “top priority” in a list of several outstanding Clinton-related inquiries the panel has sent to the department.

The State Department said that while it has located a backup for emails Pagliano sent after Clinton left State, officials cannot find the file for the backup covering work he did while she was still there.

“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 State Department. We have not yet located a .pst that covers the time period of Secretary Clinton’s tenure,” said Alec Gerlach, a State Department spokesman. “We are continuing to search for Mr. Pagliano’s emails which the Department may have otherwise retained. We will, of course, share emails responsive to Senator Grassley’s requests if we locate them.”

State, like many federal agencies, did not have a systematic email archiving system for years. When the server issue first arose in the spring, State acknowledged that it did not automatically archive the email traffic of senior employees — relying on them to make their own backups, or “.pst,” if needed. Under current rules, federal employees are responsible for ensuring their official emails are saved.

State has not asked Pagliano whether he has any official emails in his possession, as it has with other top Clinton staffers who used personal email for work. It is unclear if Pagliano’s Fifth Amendment rights would protect him from turning over such messages.

Grassley encouraged State to continue searching for Pagliano’s emails by looking at the back-up email files of other State employees he may have emailed about the Clinton server. He letter seeks “a full and detailed written explanation of why it failed to maintain an archive, copy, or backup of Mr. Pagliano’s email file,” among other requests related to the IT staffer’s emails.

While State hasn’t been able to meet Grassley’s requests so far, his letter did offer some rare praise for the department, commending Kerry and State for what Grassley called a “recent increase in cooperation and focus on the committee’s request.” The letter says Judiciary has prioritized 22 requests for information and received seven “fully complete responses” and nine “partially complete responses.”

And State, which has been bombarded by inquiries about Clinton’s email setup, seems to appreciate the recognition: “As Senator Grassley noted, the State Department has been working very closely with his staff to get him the requested information and documents, and we are making progress,” Gerlach added.

Grassley had been blocking the confirmation of about 20 of State’s Foreign Service nominees because the department hadn’t fulfilled various document requests, including those for another probe he’s conducting on the dual-employment status of top Clinton adviser Huma Abedin. Abedin advised Clinton while she was also working for a consulting company; Grassley has been asking for information about the arrangement since 2013.

Given State’s recent responsiveness, however, he recently dropped the 20 holds but maintained a block on two more high-level nominees: Brian James Egan to be a State legal adviser and David Malcolm Robinson to be assistant secretary for conflict and stabilization operations and coordinator for reconstruction and stabilization. In November, Grassley also added a third hold on another top-level Obama State Department nominee, Thomas Shannon Jr., to be undersecretary of state for political affairs.

Grassley in his recent letter, however, hinted that if State continues working with his committee at the current pace, he could be amenable to releasing his holds.

“Assuming the committee receives the additional items promised by your staff in yesterday’s meeting, I intend to take action to recognize this progress before Senators leave town for the holiday break,” he said, nodding specifically to any copies of Pagliano emails they could discover by searching other employee’s emails.