2 Generals Have a Lot to Say About Obama’s ISIS Strategy

Former U.S. Commanders Take Increasingly Dim View of War on ISIS

As conflict enters its third year, endgame still elusive

Time: It’s a most peculiar war: rarely has the U.S. been killing so many while risking so few. The U.S. is beating ISIS handily, judging by Vietnam’s body-count metric. The total number of ISIS battlefield deaths claimed by U.S. officials has jumped, from 6,000 in January 2015 to 45,000 last month—a bloodbath for an enemy force estimated to number about 30,000. Three U.S. troops have died. That’s an eye-watering U.S.-to-ISIS “kill ratio” of 15,000-to-1. “We’ve got good momentum going,” General Joseph Votel, chief of U.S. Central Command, who is overseeing the war, said Tuesday. “We are really into the heart of the caliphate.”

Syrian Peshmerga fighters

Yunus Keles / Anadolu Agency / Getty ImagesSyrian Peshmerga fighters outside Mosul Aug. 18, preparing for an offensive to retake Iraq’s second-largest city from ISIS.

But some of his predecessors disagree. James Mattis, a retired Marine general who commanded Central Command from 2010 to 2013, says the war on ISIS is “unguided by a sustained policy or sound strategy [and is] replete with half-measures.” Anthony Zinni, a retired Marine four-star who held the same post from 1997 to 2000, says he doesn’t think he could do so today. “I don’t want to be part of a strategy that in my heart of hearts I know is going to fail,” he says. “It’s a bad strategy, it’s the wrong strategy, and maybe I would tell the President that he would be better served to find somebody who believes in it, whoever that idiot may be.”

Institute for the Study of War

Day after day, American warplanes, sometimes joined by allies, have been attacking individual ISIS targets, down to backhoes and foxholes. ISIS has lost 40% of its Iraqi territory, the Pentagon says, and 5% in Syria. It doesn’t seem to have lost any of the terrain it has staked out on the internet. That’s slow progress by a 27-state military alliance against a two-year-old rump state.

The U.S.-led war against the Islamic State is entering its third year (eclipsing the time the U.S. spent fighting World War I). In part, that’s because it’s a small-bore campaign: the U.S. is spending $4 billion a year, equal to a third the cost of a single aircraft carrier (planes not included). “Employing an anemic application of force relative to previous air campaigns has yielded the Islamic State time to export their message, garner followers, and spread their message,” says David Deptula, a retired Air Force lieutenant general who planned the 1991 bombing campaign that all-but-drove Iraqi forces out of Kuwait. “A comprehensive strategy to rapidly decompose the Islamic State is still lacking.”

Department of Defense

On the ground—the only way to retake territory—the hapless Iraqi army, Kurdish forces, and a motley medley of Syrian rebels are spear-heading the fight. U.S. troops alongside them (about 5,000 in Iraq, and 300 in Syria), serve primarily as advisers, in another unfortunate echo of Vietnam. ISIS continues to hold on to its key centers of gravity: its self-declared capital in the Syrian city of Raqqa, and Mosul, Iraq’s second-largest city, 300 miles away. “I’ve talked to some U.S. generals who are really frustrated—they could be in Raqqa in a week,” Zinni says. The U.S. is “losing credibility and they’re actually encouraging the enemy because they’re able to hold the ground for years now.”

But bombs or ground troops, by themselves, can’t cure ISIS or whatever radical group springs up to replace it. “Proposals to escalate or accelerate the campaign in Iraq and Syria in order to hasten the Islamic State group’s defeat would accomplish a lot less than commonly supposed,” says Stephen Biddle, a military analyst at the Council on Foreign Relations who advised then-general David Petraeus on Iraq from 2007 to 2009. “The problem isn’t taking Mosul or Raqqa—it’s what would come afterward. Stabilization is unlikely without an investment vastly larger than most Americans will support.” The U.S. has spent $3 trillion and nearly 7,000 lives trying to bring stability to Afghanistan and Iraq, with little to show for it. (For his part, Petraeus, who ran Central Command from 2008 to 2010, only acknowledges that “we’re waging war in a way that is somewhat unique.”)

ISIS’s tenacity is the oxygen that gives life to would-be jihadists around the globe, pumping violence into places like Britain, France, Germany and the U.S. The significance of Tuesday’s killing of ISIS strategist Abu Muhammad Adnani, apparently in a U.S. drone strike, marks a clear blow to the jihadists. But there are others, waiting in the wings, eager to replace him, U.S. officials say.

Current U.S. commanders say their progress is limited by the lack of local ground forces to retake territory from ISIS. They estimated from the start that the fight could take at least three years, winning credit for candor that was MIA when the U.S. invaded Afghanistan in 2001 and Iraq in 2003. U.S. officials say the anti-ISIS forces are making slow, but steady, gains, and an offensive to retake Mosul may begin by year’s end (originally, the Pentagon had penciled in April 2015 for the effort to retake northern Iraq’s largest city).

Part of the challenge is the Gordian knot that the Iraq-Syrian theater has become. ISIS sprang from the now-five-year-old Syrian civil war, which has killed 400,000 and displaced 10 million. Nearly half have fled the country, fomenting unrest across Europe. Iran and Russian back the government of Syrian President Bashar Assad—a fight the U.S. has resolutely refused to enter (even after Assad, despite a warning of a “red line” by President Obama, used chemical weapons on his own people in 2013). “At the end of the day, our current U.S. policy in the region has failed expensively and shredded our credibility,” says Barry McCaffrey, a retired Army general says retired Army general Barry McCaffrey, who led an Army division into Iraq in 1991’s Gulf War.

With more than a dozen air forces overhead, and about 1,000 armed factions on the ground, the risk of crossfires and mistaken shoot downs is ever present. Don’t think that doesn’t pre-occupy U.S. military planners. Given the death-by-fire of Jordanian pilot Moaz al-Kasasbeh at ISIS hands last year after his F-16 crash-landed inside the self-declared caliphate, the U.S. is going to great lengths to keep its ISIS-fighting troops safe. U.S. domestic political pressure to smash ISIS would surge following any such capture and torture of a U.S. pilot or commando. That’s why robust combat-search and rescue teams are on alert whenever U.S. warplanes fly in harm’s way, and why the U.S. military is training its forces to elude capture and escape from “a typical remote Iraqi/Syrian village.”

Department of Defense

The U.S. has big goals for a small-scale war. Washington sees its mission as destroying ISIS, helping negotiate an end to the Syrian civil war, and keeping the lid on the historic rivalry between Islam’s Sunni and Shiite branches. Iran and Russia back Syria’s Assad. Saudi Arabia and Turkey want him gone. But Turkey is a problematic NATO ally that views Kurdish separatists, a key U.S. ally in the ISIS fight, as a bigger threat than ISIS. The U.S. is backing four major rebel groups with air strikes: the Iraqi army, moderate Syrian rebels, and separate Kurdish forces in Iraq and Syria. But crushing ISIS helps Assad, fueling the civil war, and bolstering Kurdish fighters angers Turkey, which believes some are allied with a Turkish Kurdish group responsible for terror attacks inside that country.

All this, rightly or wrongly, has tied U.S. hands. “There is no political will in the White House to even listen to serious recommendations from military commands,” says Derek Harvey, a retired Army military-intelligence colonel who spent much of his career in Iraq. “The original strategy explained by the President was barely adequate and even that was not resourced or executed well.” While Obama’s go-slow approach loses its lease in January, neither Hillary Clinton nor Donald Trump has detailed a replacement. “First and foremost are we going to be decisive and have some balls, or just continue to try to manage conflict to unacceptable ends,” Harvey adds. “If not the former, then we should not play in the sandbox.”

As the long-awaited showdown to retake Mosul looms, cracks are appearing in the allied front. Iraq’s parliament voted to oust Defense Minister Khaled al-Obeidi on corruption charges Aug 25. In recent days, it has become clear that the Qayara air base south of Mosul that is supposed to be a major launching pad for the assault was almost completed destroyed by retreating ISIS fighters in July. And Kurdish forces—long lauded as the best fighters in the region—are hungry. “The Peshmerga are not getting enough calories to keep them in the field,” Army Lt. Gen. Sean MacFarland said Aug. 10 as he wrapped up his 11 months in charge of the ISIS fight. “We’re very interested in making sure that they have enough food just to carry on the fight.” Such news could well delay the Mosul fight into 2017.

“Doing nothing would be far preferable to this mess,” says Daniel Bolger, a retired Army three-star who commanded troops in both Afghanistan and Iraq before retiring in 2013. He plucks a quote from the military history he teaches at North Carolina State University, when asked about current U.S. strategy. It comes from a French general after he witnessed the doomed charge of the British Light Brigade against the Russians in the Crimean War in 1854: “It is magnificent, but it is not war,” Pierre Bosquet said. “It is madness.”

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Then it seems, the matter of Islamic State in Libya is a month by month gig.

Obama extends Libya bombing mission against ISIS, officials say

President Obama has extended the U.S. military’s combat mission in Libya for another month at the request of senior military leaders, two defense officials with knowledge of the order told Fox News.

The decision keeps two U.S. Navy warships off the coast of Libya to continue striking ISIS and assist Libyan ground forces fighting the terror group in the coastal city of Sirte.

One of the U.S. warships had been scheduled to go to the Persian Gulf in September to begin airstrikes against ISIS in Iraq and Syria and keep an eye on Iran, a week after four provocations between Iranian gunboats and U.S. Navy ships — one of which resulted in warning shots being fired by a U.S. warship. The other, a U.S. Navy destroyer, was supposed to head to the Black Sea near Russia next month. But both plans will be put on hold, according to one defense official.

USS Wasp, a large amphibious assault ship loaded with over 1,000 Marines as well as Harrier jets and Cobra attack helicopters, will remain off the coast of Libya – as will her escort ship, USS Carney, a guided-missile destroyer.

“The destroyer is close enough to be seen from shore,” one defense official said.

U.S. Marine Corps jets and attack helicopters from USS Wasp have conducted 92 airstrikes against ISIS in Libya as of Monday, according to statistics provided from the U.S. military’s Africa Command.

Marine Harrier jets have conducted 124 missions over Libya against ISIS since airstrikes began on Aug. 1. Marine Cobra attack helicopters have flown 31 missions as of Tuesday, according to statistics provided by one defense official who requested anonymity.

Another defense official told Fox News he expected U.S. airstrikes to be ending soon because ground forces loyal to the U.N.-backed government in Tripoli which the U.S. military is supporting is now in control of 90 percent of Sirte. The Libyan city is located roughly halfway between Tripoli and Benghazi on the Mediterranean coast.

Earlier this week, Libyan forces suffered heavy casualties while fighting ISIS, according to reports. According to the BBC, 34 Libyan soldiers were killed and 150 wounded in recent fighting.

Estimates about the ISIS presence in Libya vary. In June, CIA Director John Brennan said there were 5,000 to 8,000 fighters in Libya. Recently, U.S. military officials said only “hundreds” remained in the ISIS-stronghold of Sirte, but did not have estimates for the rest of the country.

Neither the White House nor the Pentagon has officially disclosed the extension for the two U.S. Navy warships and airstrikes against ISIS there. The president’s initial authorization was for 30 days.

$1.7 Billion to Iran to be Spent this Way?

Iran ‘is running covert war in Syria costing BILLIONS from top secret spymaster HQ near Damascus airport’, with 60000 fighters

Iran is shoring up the Syrian regime from a secret HQ in Damascus nicknamed ‘the Glasshouse’ – and commanding a huge covert army in support of Assad, according to leaked intelligence passed by activists to MailOnline.
The National Council of Resistance of Iran ( NCRI ) claims that the theocratic state’s Supreme Leader Ali Khamenei has spent billions in hardware for its ally Bashar al-Assad in the last five years  – and runs operations on the ground from a five-floor monolith near Damascus airport.
The Iranian HQ, which plays a pivotal role in supporting Assad’s regime alongside Russia, contains intelligence and counterintelligence operations, and has vaults packed with millions of dollars in cash flown in from Tehran, claims the NCRI.
The allegations are contained in a dossier of reports apparently leaked by senior sources inside Iran’s Revolutionary Guards and collated by the dissident activists who oppose the Iranian regime.
The dossier – which was described as ‘credible’ by intelligence experts – makes the bold claims that Iran controls the biggest fighting force in Syria; has military bases throughout the splintered state; and has amassed a war-chest far greater than feared in support of Bashar Assad.

Much more to this story found here.

Six Key Unanswered Questions About the $1.7 Billion Ransom Payment to Iran

Over the past several weeks, the Obama administration has dodged questions, invented excuses, and misled the public to spin the apparent $1.7 billion ransom payment to Iran. So far this has left us with more questions than answers, particularly as it relates to the $1.3 billion “interest” payment.

As Speaker Ryan said earlier this month, “The president owes the American people a full accounting of his actions and the dangerous precedent he has set.”

Here are six key questions the president still needs to answer:

1. Why was the $1.3 billion transferred through an unknown central bank while the $400 million was paid in cash?

2. Why were these payments made separately?

3. Why wasn’t the $400 million paid through the central bank?

4. Was the $1.3 billion wired or paid in cash?

5. Was there a license issued to the unnamed central bank to shield it from sanctions under the Iran Transactions and Sanctions Regulations?

6. Is there a formal settlement agreement from the dispute at the Hague Tribunal?

The House will consider legislation later this month to address this dangerous ransom payment.

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Khamenei: We will develop our defensive and offensive capabilities. Supreme Leader Ayatollah Ali Khamenei called the development of Iran’s “defensive and offensive capabilities” an “inalienable and clear right” during a meeting with officials from the Defense Ministry. Khamenei noted that developing weapons of mass destruction “including chemical and nuclear weapons” is prohibited but added that “besides these restrictions, there are no limitations on the development of our defensive and military capabilities. Advancing in these domains is our duty.”

President Hassan Rouhani called for enhanced defensive power through military and private sector collaboration; he also declared that Iran can purchase and sell weapons as it sees fit. The Defense Ministry unveiled an advanced short-range ballistic missile. The Iranian and British embassies reopened in Tehran and London after a four-year closure.

President Rouhani underlined the importance of integrating the military and private industry in order to advance the nation’s defensive capabilities. He also emphasized that Iran’s military doctrine is predicated on defense in an effort to allay concerns shared by some Arab states over the regime’s conventional capabilities. Rouhani reassured his domestic audiences that the nuclear deal will not limit Iran’s defense capacity, claiming: “We will sell and buy weapons whenever and wherever we deem it necessary… we will not wait for permission…or any resolution.” Defense Minister IRGC Brigadier General Hossein Dehghan stressed that Iran will not waver from its determination to strengthen its defense capabilities. The Defense Ministry, meanwhile, introduced the Fateh 313 precision-guided missile, which runs on solid fuel with a reported range of 500 kilometers.

National Security and Foreign Policy Parliamentary Commission member Mohammad Esmail Kowsari criticized the Rouhani administration for failing to strengthen the economy, claiming: “Mr. Rouhani made promises to the people regarding the improvement of the economic situation, but today, not much has emerged.” The former senior IRGC commander stated, “Unfortunately, the current government does not tolerate fair criticism…”

British Foreign Secretary Philip Hammond traveled to Iran on August 23 to reopen his country’s embassy in Tehran. Hammond and Foreign Minister Mohammad Javad Zarif held a joint press conference to mark the resumption of Tehran-London ties. The British Foreign Secretary also met with President Rouhani and other senior Iranian officials. 

Supreme National Security Council (SNSC) Undersecretary for Strategic Affairs Ali Hosseini Tash rejected a recent Associated Press report alleging that he signed a secret agreement with the IAEA, which purportedly allows Iran to use its own inspectors to monitor the Parchin military site. 

State Dept: Country Reports on Terrorism 2015

Cuba, Mexico, Venezuela, all in our hemisphere get major passes from the State Department.

Related reading: The 50 most violent cities in the world

Related reading: The world’s most dangerous and safest countries revealed  Interactive map for rankings is found here.

 

Country Reports on Terrorism 2015 is submitted in compliance with Title 22 of the United States Code, Section 2656f (the “Act”), which requires the Department of State to provide to Congress a full and complete annual report on terrorism for those countries and groups meeting the criteria of the Act.

Beginning with the report for 2004, it replaced the previously published Patterns of Global Terrorism.

 

Chapters

Chapter 1. Strategic Assessment
Chapter 2. Country Reports: Africa Overview
Chapter 2. Country Reports: East Asia and Pacific Overview
Chapter 2. Country Reports: Europe Overview
Chapter 2. Country Reports: Middle East and North Africa Overview
Chapter 2. Country Reports: South and Central Asia Overview
Chapter 2. Country Reports: Western Hemisphere Overview
Chapter 3: State Sponsors of Terrorism Overview
Chapter 4: The Global Challenge of Chemical, Biological, Radiological, or Nuclear (CBRN) Terrorism
Chapter 5: Terrorist Safe Havens (Update to 7120 Report)
Chapter 6. Foreign Terrorist Organizations
Chapter 7. Legislative Requirements and Key Terms

Annexes

National Consortium for the Study of Terrorism and Responses to Terrorism: Annex of Statistical Information [Get Acrobat Reader PDF version   ]
Terrorism Deaths, Injuries and Kidnappings of Private U.S. Citizens Overseas in 2015

Full Report

Country Reports on Terrorism 2015 (PDF)

Related reading: SUMMARY: Wilayat Sinai, an organization identified with the Islamic State, has recently suffered a series of serious blows from the Egyptian army. 

Court Reverses Jury Decision on PLO Attack, 11 Americans Died

Circuit Reverses $655M Award Against PLO for Terror Attacks

Hamblett/NewYorkLawJournal: A $655 million award against the Palestine Liberation Organization and the Palestinian Authority for attacks that killed or wounded members of 11 American families in Israel has been thrown out by the U.S. Court of Appeals for the Second Circuit.

The circuit held this morning that there was no personal jurisdiction over the action, where a jury found after a seven-week trial in 2015 that the PLO and the Authority, acting through their employees, perpetrated the attacks or provided material support for those who did.

The decision was a big setback for lawyers who have been working for years to win damages for families under the Anti-Terrorism Act, 18 U.S.C. §2333(a). The jury before Judge George Daniels in the Southern District of New York awarded the plaintiffs $218.5 million, an amount automatically tripled to $655.5 million under the Act.

Judges Pierre Leval and Christopher Droney and Southern District Judge John Koeltl, sitting by designation, said Daniels erred in finding personal jurisdiction in Sokolow v. Palestinian Liberation Organization, 15-3135.

The decision rejected the arguments of Arnold & Porter partner Kent Yalowitz, who told the circuit in April that jurisdiction should lie and justice be done for the “11 American families whose loved ones were murdered and maimed by the defendants” because the goal of the PLO and the Authority was to influence the foreign policy of the United States through coercion and intimidation—a key part of the Anti-Terrorism Act.

Yalowitz said the evidence was clear that the defendants were involved in the attacks, either through their own employees or through assistance to their allies within Hamas and the al-Aqsa Martyrs Brigade (NYLJ, April 13).

But Mitchell Berger, a partner at Squire Patton Boggs, got the better of the argument, telling the judges that case law was clear that “you have to find the brunt of the injury” in the United States to sue in an American courtroom.

The case was bought by 36 plaintiffs and four estates seeking compensation for death and injuries that occurred in a series of attacks, including the July 31, 2002, Hebrew University bombing carried out by Hamas that killed nine people, four of them U.S. citizens.

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During the second Intifada, numerous American citizens were murdered by terrorist attacks.

In 2004, the families of several deceased victims sued the Palestine Liberation Organization (PLO) and the Palestinian Authority (PA) in the Southern District of New York under the Antiterrorism Act. The families claim the PLO and PA organizations financed and orchestrated the following seven attacks:

(1) The January 8, 2001 shooting attack on Varda Guetta and her son Oz;

(2) The January 22, 2002 shooting attack on Shayna Gould and Shmuel Waldman;

(3)The January 27, 2002 suicide bombing attack on the Sokolow family;

(4) The March 21, 2002 suicide bombing attack on Alan Bauer and his son Yehonatan;

(5) The June 19, 2002 suicide bombing attack on Shaul Mandelkorn;

(6) The July 31, 2002 Hebrew University Cafeteria bombing which killed David Gritz, Benjamin Blustein, Diane Carter and Janis Coulter;

(7) The January 29, 2004 suicide bombing attack on a bus which killed Yechezkel Goldberg.

The plaintiffs seek up to $3 billion in damages from attacks between January 2001 and February 2004 by the PLO. In September 2008, U.S. District Judge George Daniels rejected the PLO’s argument that the attacks were acts of war rather than terrorism. Trial began in January 2015 and on February 23, the jury returned a guilty verdict on all counts. The defense has been found liable for $218.5 million, an amount set to be tripled to $655.5 million.

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Case documents for Sokolow et al. v. PLO et al.

Hillary’s Responses are Under Oath

If anyone believes that Hillary herself will be crafting the responses to the 25 questions, you need to think again. Hillary likely wont even be in the same room, a fleet of lawyers will assume the task in full.

Personally, I have several additional questions that should be asked. 1. How many servers, where are they and what is being used today? 2. Where did you received classified and top secret communications? 3. Where are the communications between you, Mrs. Clinton and the Pentagon and or the White House? 4. Where are the communications regarding Syria, Russian and Iran? 5. Where are all the hardcopies of top secret materials that were delivered to you on a daily basis assuring all were placed in burn bags? 6. Where are the communications regarding the countless waivers to law you signed and list what they were and why?

Hillary Clinton to explain to court who ‘recommended’ secret email account

WashingtonTimes: Hillary Clinton will get a chance to explain why she continued to use her secret home email account for government business in defiance of repeated security warnings from her underlings — just some of the 25 questions she’ll have to answer, in writing and under oath, to a federal court.

Judicial Watch, a conservative public interest law firm, submitted the 25 questions to Mrs. Clinton Tuesday, and she now has a month to respond under the procedure set by Judge Emmet G. Sullivan.

Among the questions are who “recommended” that she use a secret email account in the first place, whether she ever told the officials responsible for archiving records that she had the secret account, and what steps she took after attempts to hack her account.

Mrs. Clinton could also have to answer whether she destroyed work-related emails.

“These are simple questions about her email system that we hope will finally result in straightforward answers, under oath, from Hillary Clinton,” Judicial Watch President Tom Fitton said in a statement as he released the 25 questions.

Mrs. Clinton eschewed a state.gov account during her time in office and instead used an account tied to a server she kept at her home in New York. That arrangement effectively thwarted open-records laws and shielded her communications from public view for more than six years.

After prodding by Congress, the State Department demanded she return her emails, and she turned over about 30,000 messages she said were work-related, and said she deleted another 30,000 that were personal — and then wiped her server.

The FBI, after a yearlong investigation, recovered thousands of work-related messages it said Mrs. Clinton failed to turn over, and said there may have been others that investigators were unable to recover thanks to Mrs. Clinton’s thoroughness in wiping the server.

Judicial Watch had tried to force Mrs. Clinton to testify in person under oath but Judge Sullivan ruled against that, instead saying that the former Cabinet official, senator and first lady, and current Democratic presidential candidate, could testify in writing.

The questions are supposed to focus on the creation, use and handling of Mrs. Clinton’s emails under open-records laws.

Mrs. Clinton has said she thought her messages were being captured because she regularly emails fellow employees on their official State Department accounts. She estimated to Congress that as many as 95 percent of the messages should have been stored that way.

But her campaign has been unable to back up that number, and Judicial Watch said that has little bearing on the other messages Mrs. Clinton exchanged with those outside of the State Department, whose mail wasn’t part of the department’s system.

“What was your understanding about how such emails would be maintained, preserved, or searched by the Department in response to FOIA requests?” Judicial Watch said in one of its questions to Mrs. Clinton.

The FBI turned over some 15,000 messages it recovered that it said Mrs. Clinton didn’t turn over to the government. It’s unclear how many of those are personal, but at least several dozen are related to the 2012 Benghazi terrorist attack, department lawyers told a federal judge Tuesday.

The State Department is now fending off a barrage of requests to go through the 15,000 messages and release them ahead of the election.

The campaign of GOP presidential nominee Donald J. Trump said the surfacing of additional Benghazi emails was troubling.

Hillary Clinton swore before a federal court and told the American people she handed over all of her work-related emails. If Clinton did not consider emails about something as important as Benghazi to be work-related, one has to wonder what is contained in the other emails she attempted to wipe from her server,” said Jason Miller, a spokesman for the campaign.

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The questions are:

  1. Describe the creation of the clintonemail.com system, including who decided to create the system, the date it was decided to create the system, why it was created, who set it up, and when it became operational.
  1. Describe the creation of your clintonemail.com email account, including who decided to create it, when it was created, why it was created, and, if you did not set up the account yourself, who set it up for you.
  1. When did you decide to use a clintonemail.com email account to conduct official State Department business and whom did you consult in making this decision?
  1. Identify all communications in which you participated concerning or relating to your decision to use a clintonemail.com email account to conduct official State Department business and, for each communication, identify the time, date, place, manner (e.g., in person, in writing, by telephone, or by electronic or other means), persons present or participating, and content of the communication.
  1. In a 60 Minutes interview aired on July 24, 2016, you stated that it was “recommended” you use a personal email account to conduct official State Department business. What recommendations were you given about using or not using a personal email account to conduct official State Department business, who made any such recommendations, and when were any such recommendations made?
  1. Were you ever advised, cautioned, or warned, was it ever suggested, or did you ever participate in any communication, conversation, or meeting in which it was discussed that your use of a clintonemail.com email account to conduct official State Department business conflicted with or violated federal recordkeeping laws. For each instance in which you were so advised, cautioned or warned, in which such a suggestion was made, or in which such a discussion took place, identify the time, date, place, manner (e.g., in person, in writing, by telephone, or by electronic or other means), persons present or participating, and content of the advice, caution, warning, suggestion, or discussion.
  1. Your campaign website states, “When Clinton got to the Department, she opted to use her personal email account as a matter of convenience.” What factors other than convenience did you consider in deciding to use a personal email account to conduct official State Department business? Include in your answer whether you considered federal records management and preservation requirements and how email you used to conduct official State Department business would be searched in response to FOIA requests.
  1. After President Obama nominated you to be Secretary of State and during your tenure as secretary, did you expect the State Department to receive FOIA requests for or concerning your email?
  1. During your tenure as Secretary of State, did you understand that email you sent or received in the course of conducting official State Department business was subject to FOIA?
  1. During your tenure as Secretary of State, how did you manage and preserve emails in your clintonemail.com email account sent or received in the course of conducting official State Department business, and what, if anything, did you do to make those emails available to the Department for conducting searches in response to FOIA requests?
  1. During your tenure as Secretary of State, what, if any, effort did you make to inform the State Department’s records management personnel (e.g., Clarence Finney or the Executive Secretariat’s Office of Correspondence and Records) about your use of a clintonemail.com email account to conduct official State Department business?
  1. During your tenure as Secretary of State, did State Department personnel ever request access to your clintonemail.com email account to search for email responsive to a FOIA request? If so, identify the date access to your account was requested, the person or persons requesting access, and whether access was granted or denied.
  1. At the time you decided to use your clintonemail.com email account to conduct official State Department business, or at any time thereafter during your tenure as Secretary of State, did you consider how emails you sent to or received from persons who did not have State Department email accounts (i.e., “state.gov” accounts) would be maintained and preserved by the Department or searched by the Department in response to FOIA requests? If so, what was your understanding about how such emails would be maintained, preserved, or searched by the Department in response to FOIA requests?
  1. On March 6, 2009, Assistant Secretary of State for Diplomatic Security Eric J. Boswell wrote in an Information Memo to your Chief of Staff, Cheryl Mills, that he “cannot stress too strongly, however, that any unclassified BlackBerry is highly vulnerable in any setting to remotely and covertly monitoring conversations, retrieving email, and exploiting calendars.” A March 11, 2009 email states that, in a management meeting with the assistant secretaries, you approached Assistant Secretary Boswell and mentioned that you had read the “IM” and that you “get it.” Did you review the March 6, 2009 Information Memo, and, if so, why did you continue using an unclassified BlackBerry to access your clintonemail.com email account to conduct official State Department business? Copies of the March 6, 2009 Information Memo and March 11, 2009 email are attached as Exhibit A for your review.
  1. In a November 13, 2010 email exchange with Huma Abedin about problems with your clintonemail.com email account, you wrote to Ms. Abedin, in response to her suggestion that you use a State Department email account or release your email address to the Department, “Let’s get a separate address or device.” Why did you continue using your clintonemail.com email account to conduct official State Department business after agreeing on November 13, 2010 to “get a separate address or device?” Include in your answer whether by “address” you meant an official State Department email account (i.e., a “state.gov” account) and by “device” you meant a State Department-issued BlackBerry. A copy of the November 13, 2010 email exchange with Ms. Abedin is attached as Exhibit B for your review.
  1. Email exchanges among your top aides and assistants in August 30, 2011 discuss providing you with a State Department-issued BlackBerry or State Department email address. In the course of these discussions, State Department Executive Secretary Stephen Mull wrote, “[W]e are working to provide the Secretary per her request a Department issued BlackBerry to replace her personal unit which is malfunctioning (possibly because of her personal email server is down). We will prepare two versions for her to use – one with an operating State Department email account (which would mask her identity, but which would also be subject to FOIA requests).” Similarly, John Bentel, the Director of Information and Records Management in the Executive Secretariat, wrote, “You should be aware that any email would go through the Department’s infrastructure and [be] subject to FOIA searches.” Did you request a State Department issued Blackberry or a State Department email account in or around August 2011, and, if so, why did you continue using your personal device and clintonemail.com email account to conduct official State Department business instead of replacing your device and account with a State Department-issued BlackBerry or a State Department email account? Include in your answer whether the fact that a State Department-issued BlackBerry or a State Department email address would be subject to FOIA affected your decision. Copies of the email exchanges are attached as Exhibit C for your review.
  1. In February 2011, Assistant Secretary Boswell sent you an Information Memo noting “a dramatic increase since January 2011 in attempts . . . to compromise the private home email accounts of senior Department officials.” Assistant Secretary Boswell “urge[d] Department users to minimize the use of personal web-email for business.” Did you review Assistant Secretary Boswell’s Information Memo in or after February 2011, and, if so, why did you continue using your clintonemail.com email account to conduct official State Department business? Include in your answer any steps you took to minimize use of your clintonemail.com email account after reviewing the memo. A copy of Assistant Secretary Boswell’s February 2011 Information Memo is attached as Exhibit D for your review.
  1. On June 28, 2011, you sent a message to all State Department personnel about securing personal email accounts. In the message, you noted “recent targeting of personal email accounts by online adversaries” and directed all personnel to “[a]void conducting official Department business from your personal email accounts.” Why did you continue using your clintonemail.com email account to conduct official State Department business after June 28, 2011, when you were advising all State Department Personnel to avoid doing so? A copy of the June 28, 2011 message is attached as Exhibit E for your review.
  1. Were you ever advised, cautioned, or warned about hacking or attempted hacking of your clintonemail.com email account or the server that hosted your clintonemail.com account and, if so, what did you do in response to the advice, caution, or warning?
  1. When you were preparing to leave office, did you consider allowing the State Department access to your clintonemail.com email account to manage and preserve the official emails in your account and to search those emails in response to FOIA requests? If you considered allowing access to your email account, why did you decide against it? If you did not consider allowing access to your email account, why not?
  1. After you left office, did you believe you could alter, destroy, disclose, or use email you sent or received concerning official State Department business as you saw fit? If not, why not?
  1. In late 2014, the State Department asked that you make available to the Department copies of any federal records of which you were aware, “such as an email sent or received on a personal email account while serving as Secretary of State.” After you left office but before your attorneys reviewed the email in your clintonemail.com email account in response to the State Department’s request, did you alter, destroy, disclose, or use any of the email in the account or authorize or instruct that any email in the account be altered, destroyed, disclosed, or used? If so, describe any email that was altered, destroyed, disclosed, or used, when the alteration, destruction, disclosure, or use took place, and the circumstances under which the email was altered, destroyed, disclosed, or used? A copy of a November 12, 2014 letter from Under Secretary of State for Management Patrick F. Kennedy regarding the State Department’s request is attached as Exhibit F for your review.
  1. After your lawyers completed their review of the emails in your clintonemail.com email account in late 2014, were the electronic versions of your emails preserved, deleted, or destroyed? If they were deleted or destroyed, what tool or software was used to delete or destroy them, who deleted or destroyed them, and was the deletion or destruction done at your direction?
  1. During your October 22, 2015 appearance before the U.S. House of Representatives Select Committee on Benghazi, you testified that 90 to 95 percent of your emails “were in the State’s system” and “if they wanted to see them, they would certainly have been able to do so.” Identify the basis for this statement, including all facts on which you relied in support of the statement, how and when you became aware of these facts, and, if you were made aware of these facts by or through another person, identify the person who made you aware of these facts.
  1. Identify all communications between you and Brian Pagliano concerning or relating to the management, preservation, deletion, or destruction of any emails in your clintonemail.com email account, including any instruction or direction to Mr. Pagliano about the management, preservation, deletion, or destruction of emails in your account when transferring the clintonemail.com email system to any alternate or replacement server. For each communication, identify the time, date, place, manner (e.g., in person, in writing, by telephone, or by electronic or other means), persons present or participating, and content of the communication.

“These are simple questions about her email system that we hope will finally result in straight-forward answers, under oath, from Hillary Clinton,” stated Judicial Watch President Tom Fitton.

In his opinion ordering Clinton to answer written questions under oath Judge Sullivan wrote:

The Court is persuaded that Secretary Clinton’s testimony is necessary to enable her to explain on the record the purpose for the creation and operation of the clintonemail.com system for State Department business.

In its July 2016 request to depose Hillary Clinton, Judicial Watch argued:

Secretary Clinton’s deposition is necessary to complete the record. Although certain information has become available through investigations by the Benghazi Select Committee, the FBI, and the State Department Inspector General, as well as through Plaintiff’s narrowly tailored discovery to date, significant gaps in the evidence remain. Only Secretary Clinton can fill these gaps, and she does not argue otherwise.

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To [Judicial Watch’s] knowledge, Secretary Clinton has never testified under oath why she created and used the clintonemail.com system to conduct official government business. Her only public statements on the issue are unsworn.

Judge Sullivan also ordered that Judicial Watch may depose the former Director of Information Resource Management of the Executive Secretariat (“S/ES-IRM”) John Bentel by October 31.

The questions and deposition arise in a Judicial Watch Freedom of Information Act (FOIA) lawsuit before Judge Sullivan first filed in September 2013 seeking records about the controversial employment status of Huma Abedin, former Deputy Chief of Staff to Clinton.  The lawsuit was reopened because of revelations about the clintonemail.com system. (Judicial Watch v. U.S. Department of State (No. 1:13-cv-01363)).

Judicial Watch has already taken the deposition testimony of seven Clinton aides and State Department officials.

For further information on this case, click here.