Core of Hillary FBI Investigation, Wilful Drone Discussions

Emails in Clinton probe dealt with planned drone strikes: WSJ

Reuters/WSJ: Emails between U.S. diplomats in Islamabad and State Department officials in Washington about whether to challenge specific U.S. drone strikes in Pakistan are at the center of a criminal probe involving Hillary Clinton’s handling of classified information, the Wall Street Journal reported on Thursday.

The 2011 and 2012 emails were sent via the “low side” -government slang for a computer system for unclassified matters – as part of a secret arrangement that gave the State Department more of a voice in whether a CIA drone strike went ahead, according to congressional and law enforcement officials briefed on the FBI probe, the Journal said.

Some of the emails were then forwarded by Clinton’s aides to her personal email account, which routed them to a server she kept at her home in suburban New York when she was secretary of state, the officials said, according to the newspaper.

Investigators have raised concerns that Clinton’s personal server was less secure than State Department systems, and a recent report by the State Department inspector general found that Clinton had broken government rules by using a private email server without approval, undermining Clinton’s earlier defenses of her emails.

The still-secret emails are a key part of the FBI investigation that has long dogged Clinton’s presidential campaign, the officials told the Journal. Clinton this week clinched the Democratic presidential nomination for the Nov. 8 election.

The vaguely worded messages did not mention the “CIA,” “drones” or details about the militant targets, officials said, according to the Journal.

The emails were written within the often-narrow time frame in which State Department officials had to decide whether or not to object to drone strikes before the CIA pulled the trigger, the officials said, according to the newspaper.

Law enforcement and intelligence officials said State Department deliberations about the covert CIA drone program should have been conducted over a more secure government computer system designed to handle classified information, the Journal reported.

Context at the time:

Pakistan UAV attacks have become one of the Obama administration’s signature efforts in the terror war. Although the CIA does not divulge how many drones it operates, press reports suggest the agency has as many as 16 such systems. But in the early days of his presidency, Barack Obama was advised by at least two former high-ranking CIA officers not to over-rely on the use of drones.

Former CIA analyst Bruce Riedel, commissioned by the president to review US policy on Afghanistan and Pakistan, concluded that robot airplanes could only function successfully when allied to high-quality “on the ground” intelligence.

That view was shared by General Michael Hayden, CIA director at the start of the Obama presidency. In his book Obama’s Wars, Bob Woodward recounts how Hayden believed that “The great lesson of World War II and Vietnam was that attack from the air, even massive bombings, can’t win a war.”

Noah Shachtman, contributing editor of Wired.com, warns that the lesson of not having troops on the ground could be over-learned: “The idea that any terrorist problem could be solved by drones alone just isn’t realistic. Drones are only as effective as the human informants who tell them where to strike.” For him, a drones-only policy could become “a way of maintaining political cover and a veil of secrecy over operations that might ordinarily be wide open”. More here.

**** Additionally for later context:

NPR: In 2013, President Obama tightened rules for drone strikes in order to reduce civilian casualties. NPR’s Audie Cornish talks to Wall Street Journal correspondent Adam Entous who learned that the president secretly waived the new rules for CIA operations in Pakistan.

In 2015: The killings revealed last week of two hostages – an American and an Italian – have raised new questions about how the CIA operates in Pakistan. Warren Weinstein and Giovanni La Porto were aid workers. They were killed in January by a U.S. drone strike aimed at al-Qaida militants. The Wall Street Journal reports the CIA conducted that strike under a secret waiver approved by President Obama in 2013. Obama laid it out in a speech at National Defense University in 2013. And he didn’t reveal all the rules. The actual guidance that he issued is – remains classified. But he did talk about three of them. He said that operations targeting individuals needed to have near certainty that there would be no civilians killed or injured in those strikes. He also said that the CIA and the Pentagon, when conducting strikes like this, need to know that there is an imminent threat to the United States posed by the militants that they intend on targeting. And another guideline that he laid out was the idea that the United States is not going to kill people in order to punish them for acts that they did in the past. This is about preventing them from attacking the United States or U.S. persons or assets overseas in the future.

Pakistan is important because this is the staging area for al-Qaida and other militant groups that are looking to cross the border into Afghanistan and attack American forces there. Attacking al-Qaida in Pakistan is a way to prevent them from later attacking U.S. forces across the border. So the White House and the president said that there would be a thorough review of this incident in order to ensure that mistakes like this do not happen again. And within this debate within the administration, several members of the president’s inner circle are making the case that now is the time to rein in the program.

But it’s really hard to tell what direction this is going to go in the end because of strong support, not only within the administration for the drone program and wanting to have the flexibility to use it, but also within the Congress. You have very powerful committees, members of the president’s own party, who very much support this program and don’t want to see it go away. Additional information here.

Bill Clinton was a Chancellor of a University eh?

An online university at that and oh…imagine it is has been sued as well.

In 2015, Bill Clinton ended his role with a for-profit college system on Friday, nearly two weeks after his wife, Hillary Rodham Clinton, began her second presidential campaign and singled out that industry for criticism. More here from the New York Times.

  

The Clinton University Problem: Laureate Education Lawsuits Present Problem For Clintons

225px-Laureate_International_Universities_Logo220px-Clinton_and_jiangWhile largely ignored by the media, the Clintons have their own university scandal. Donald Trump has been rightfully criticized and sued over his defunct Trump University. There is ample support for claiming that the Trump University was fraudulent in its advertisements and operations. However, the national media has been accused of again sidestepping a scandal involving the Clintons that involves the same type of fraud allegations. The scandal involves the dubious Laureate Education for-profit college and entails many of the common elements with other Clinton scandals: huge sums given to the Clintons and questions of conflicts with Hillary Clinton during her time as Secretary of State. There are distinctions to draw between the two stories, but the virtual radio silence on the Clinton/Laureate story is surprising.


I have long been a critic of most online courses, though I am increasingly in the minority even on my faculty. However, the rise of online courses has allowed for an increase in dubious pitches and practices that prey upon people who cannot afford or attend a traditional academic institution.

Laureate Education has been sued over such programs as its Walden University Online offering, which many have alleged is a scam designed to bilk students of tens of thousands of dollars for degrees. Students says that they were repeatedly delayed and given added costs as they tried to secure degrees, leaving them deeply in debt.

The respected Inside Higher Education reported that Laureate Education paid Bill Clinton an obscene $16.5 million between 2010 and 2014 to serve as an honorary chancellor for Laureate International Universities. While Bill Clinton worked as the group’s pitchman, the State Department funneled $55 million to Laureate when Hillary Clinton was secretary of state. That would seem a pretty major story but virtually no mainstream media outlet has reported it while running hundreds of stories on the Trump University scandal.

There was even a class action — like the Trump University scandal. Travis et al v. Walden University LLC, was filed in U.S. District Court in the District of Maryland but dismissed in 2015. It is not clear why it was dismissed. However, the size of the contract to Clinton, the payment from State and the widespread complaints over alleged fraud should warrant a modicum of attention to the controversy. The controversy has many of the familiar complaints over fraudulent online programs that take advantage of hard working people.

As an academic, I find both Trump University and Laureate to be deeply troubling stories. Yet, only one has been pursued by the media to any significant degree. I am not suggesting that Laureate as a whole is fraudulent. Moreover, there are distinctions that can be drawn with a university like Trump that is based entirely on the presumptive nominee and his promises in advertising. However, the money given to the Clintons, the involvement of the State Department, and the claims of fraud make this an obviously significant story in my view.

What do you think?

CIA Personnel may have been Compromised Due to Hillary Emails

Anyone remember the Valerie Plame affair, the outing of her position at the CIA?

The names of some CIA personnel could have been compromised in release of Clinton emails

WASHINGTON (AP) – The names of CIA personnel could have been compromised not only by hackers who may have penetrated Hillary Clinton’s private computer server or the State Department system, but also by the release itself of tens of thousands of her emails, security experts say.

Clinton, the presumptive Democratic presidential nominee, turned over to the State Department 55,000 emails from her private server that were sent or received when she was secretary of state.

Some contained information that has since been deemed classified, and those were redacted for public release with notations for the reason of the censorship.

At least 47 of the emails contain the notation “B3 CIA PERS/ORG,” which indicates the material referred to CIA personnel or matters related to the agency. And because both Clinton’s server and the State Department systems were vulnerable to hacking, the perpetrators could have those original emails, and now the publicly released, redacted versions showing exactly which sections refer to CIA personnel.

“Start with the entirely plausible view that foreign intelligence services discovered and rifled Hillary Clinton’s server,” said Stewart Baker, a Washington lawyer who spent more than three years as an assistant secretary of the Homeland Security Department and is former legal counsel for the National Security Agency.

If so, those infiltrators would have copies of all her emails with the names not flagged as being linked to the agency.

In the process of publicly releasing the emails, however, classification experts seem to have inadvertently provided a key to anyone who has the originals. By redacting names associated with the CIA and using the “B3 CIA PERS/ORG” exemption as the reason, “Presto – the CIA names just fall off the page,” Baker said.

The CIA declined to comment.

A U.S. official said the risk of the names of CIA personnel being revealed in this way is “theoretical and probably remains so at this time.” The official, who did not have the authority to publicly address the matter, spoke on condition of anonymity and would not elaborate.

Steven Aftergood, who directs the Federation of American Scientists’ Project on Government Secrecy, said even if any identities were revealed, they might be the names of analysts or midlevel administrators, not undercover operatives.

“I don’t think there’s any particular vulnerability here,” Aftergood said.

Clinton has acknowledged that the email server, set up in the basement of her New York home, was a mistake. But she says she never sent or received anything that was marked classified at the time of transmission. Clinton, who was secretary of state from 2009 to 2013, insists the personal server she used was never actually breached.

hillary clinton emails

The AP discovered last year that Clinton’s private server was directly connected to the internet in ways that made it more vulnerable to hackers. A recent State Department inspector general’s report indicated the server was temporarily unplugged by a Clinton aide at one point during attacks by hackers, but her campaign has said there’s no evidence the server was hacked.

In each year from 2011 to 2014, the State Department’s poor cybersecurity was identified by its inspector general as a “significant deficiency” that put the department’s information at risk. Another State Department inspector general report revealed that hacking attempts forced Clinton off her private email at one point in 2011.

Then in 2014, the State Department’s unclassified email system was breached by hackers with links to Russia. They stole an unspecified number of emails. The hack was so deep that State’s email system had to be cut off from the internet while experts worked to eliminate the infestation.

Baker points out another instance where Clinton’s server might have been hacked.

A March 2, 2009, email warned against State Department officials using Blackberries. Eric Boswell, assistant secretary of state, says the “vulnerabilities and risks associated with the use of Blackberries … considerably outweigh their convenience.”

Nine days later, another email states that Clinton approached Boswell and says she “gets” the risk. The email also said: “Her attention was drawn to the sentence that indicates we (the diplomatic security office officials) have intelligence concerning this vulnerability during her recent trip to Asia.”

Clinton traveled to China, Indonesia, Japan and South Korea in February 2009.

Google CEO Operation to Put Hillary in White House

The stealthy, Eric Schmidt-backed startup that’s working to put Hillary Clinton in the White House

Quartz: An under-the-radar startup funded by billionaire Eric Schmidt has become a major technology vendor for Hillary Clinton’s presidential campaign, underscoring the bonds between Silicon Valley and Democratic politics.

The Groundwork, according to Democratic campaign operatives and technologists, is part of efforts by Schmidt—the executive chairman of Google parent-company Alphabet—to ensure that Clinton has the engineering talent needed to win the election. And it is one of a series of quiet investments by Schmidt that recognize how modern political campaigns are run, with data analytics and digital outreach as vital ingredients that allow candidates to find, court, and turn out critical voter blocs.

But campaigns—lacking stock options and long-term job security—find it hard to attract the elite engineering talent that Facebook, Google, and countless startups rely on. That’s also part of the problem that Schmidt and the Groundwork are helping Clinton’s team to solve.

The Groundwork is one of the Clinton campaign’s biggest vendors, billing it for more than $177,000 in the second quarter of 2015, according to federal filings. Yet many political operatives know little about it. Its website consists entirely of a grey-on-black triangle logo that suggests “the digital roots of change” while also looking vaguely like the Illuminati symbol:

“We’re not trying to obfuscate anything, we’re just trying to keep our heads down and do stuff,” says Michael Slaby, who runs the Groundwork. He was the chief technology officer for president Barack Obama’s 2008 campaign, a top digital executive for Obama 2012, and the former chief technology strategist for TomorrowVentures, Schmidt’s angel investment fund.

He explained that the Groundwork and its parent company, Chicago-based Timshel—which according to its website is named for a Hebrew word meaning “you may” and is devoted to “helping humanity solve our most difficult social, civic, and humanitarian challenges”—are “all one project, with the same backers,” whom he declined to name.

Schmidt did not respond to several requests for comment. But several Democratic political operatives and technologists, who would only speak anonymously to avoid offending Schmidt and the Clinton campaign, confirmed that the Groundwork is funded at least in part by the Alphabet chairman.

The Groundwork was initially based in an office in downtown Brooklyn just blocks from the headquarters of its biggest client: the Clinton campaign. There, a staff made up mostly of senior software engineers began building the tools and infrastructure that could give her a decisive advantage.

Slaby has a reputation for being able to bridge the cultural divide between politicos and techies. And sources say the Groundwork was created to minimize the technological gap that occurs between presidential campaign cycles while pushing forward the Big Data infrastructure that lies at the heart of modern presidential politics.

There is also another gap in play: The shrinking distance between Google and the Democratic Party. Former Google executive Stephanie Hannon is the Clinton campaign’s chief technology officer, and a host of ex-Googlers are currently employed as high-ranking technical staff at the Obama White House. Schmidt, for his part, is one of the most powerful donors in the Democratic Party—and his influence does not stem only from his wealth, estimated by Forbes at more than $10 billion.

At a time when private-sector money is flowing largely unchecked into US politics, Schmidt’s funding of the Groundwork suggests that 2016’s most valuable resource may not be donors capable of making eight-figure donations to Super PACs, but rather supporters who know how to convince talented engineers to forsake (at least for awhile) the riches of Silicon Valley for the rough-and-tumble pressure cooker of a presidential campaign.

“There are a lot of people who can write big checks,” Slaby says. “Eric recognizes how the technology he’s been building his whole career can be applied to different spaces. The idea of tech as a force multiplier is something he deeply understands.”

The technology that helped re-elect Obama

Although Obama’s technology staff downplays credit for his election victories, there’s no doubt they played a crucial role. One former Obama staffer, Elan Kriegel, who now leads analytics for the Clinton campaign, suggested the technology accounted for perhaps two percentage points of the campaign’s four percent margin of victory in 2012.

The 2012 campaign’s analytics team constructed a complex model of the electorate to identify 15 million undecided voters that could be swayed to Obama’s side. They drew on databases which compiled a comprehensive record of voters’ interactions with the campaign—Facebook pages liked, volunteer contacts, events attended, money donated—and assigned them a score based on how strongly they supported Obama.

Those carefully constructed models and databases paid dividends for everything from advertising and campaign fundraising emails—which were rigorously A/B tested to determine the optimum wording and design (subject lines that said “Hey!” were found to be annoying but effective)—to voter polling and get-out-the-vote efforts on election day.

Perhaps the standout innovation from the Obama campaign was known as “Optimizer,” a tool that allowed the campaign to deploy carefully targeted television ads. Rather than rely on broad demographic data about programs and time slots, the Obama tech team accessed detailed information from TV set-top boxes to identify the most cost-efficient ways to reach hard-to-reach voters. The campaign’s top media consultant, Jim Margolis—now Clinton’s top media consultant—estimates Optimizer saved the campaign perhaps $40 million.

After the campaign, Optimizer became the cornerstone of a new startup called Civis Analytics that spun out of the Obama campaign—and it had its genesis in an election day visit by Schmidt to Chicago.

From election day to startup

As the internal polling numbers rolled in, the boiler room full of campaign staff and White House aides also included a tech executive: Schmidt, whose financial support and advice to the campaign made him an unofficial fixture. With the campaign drawing to its victorious conclusion, Schmidt was shifting into another mode: Talent-hunter and startup funder.

When the campaign’s analytics team declared victory at 2pm—hours before voting ended—by comparing early results to their model, its chief Dan Wagner recalls that Schmidt walked up to him and asked two questions: “Who are you? And what algorithms are you using?”

Wagner helped develop the Obama team’s ground-breaking approach to analytics in 2008, and made further refinements in 2012. But he says it was Schmidt who saw the commercial potential for the project—not just for political campaigns, but as a way to help private-sector companies decide how to effectively allocate their marketing budgets.

“I didn’t have any commercial intentions for anything, I was just trying to survive and elect Barack Obama,” Wagner says.

Nevertheless, immediately after the election, Schmidt backed Wagner and other members of his campaign team by becoming the sole investor in Civis Analytics, their data startup. Schmidt also invested in cir.cl, a social shopping startup run by Obama 2012 alumnus Carol Davidsen, who played a key role in the creation of Optimizer. (If you’re keeping score, that makes three Schmidt-funded startups run by ex-Obama staffers: Civis Analytics, cir.cl, and the Groundwork.)

What Wagner’s team built during the campaign, despite its innovativeness, was fairly clunky. “The thing that we built was pretty much a piece of junk, made of plywood in our garage,” Wagner says.

That’s because analyzing giant troves of data, knitting together disparate databases, and making it all work seamlessly is a tricky business, especially under the low-resource, high-pressure conditions of a presidential campaign. Building that tech infrastructure requires the most expensive kind of engineering talent, working under punishing time constraints. For Obama’s 2012 team, Slaby hired a developer named Harper Reed to serve as the campaign’s chief technology officer and build the campaign’s tech underpinnings.

Now Clinton’s campaign needs to build that infrastructure for themselves—or, even better, have a company like the Groundwork help build it for them. This time around, Schmidt backed the startup before the campaign even started.

Like Salesforce.com, for politics

 

So what does the Groundwork do? The company and Clinton’s campaign are understandably leery of disclosing details.

According to campaign finance disclosures, Clinton’s campaign is the Groundwork’s only political client. Its employees are mostly back-end software developers with experience at blue-chip tech firms like Netflix, Dreamhost, and Google.

The firm was formed in June 2014, shortly after Clinton released a memoir about her time as US secretary of state and began a media blitz that signaled her intent to run for president—including an appearance with Schmidt at Google headquarters—though she did not officially announce her run until the spring of 2015.

Democratic political operatives and technologists said that the Groundwork’s focus is on building a platform that can perform the critical functions of modern campaigning.

These sources tell Quartz that the Groundwork has been tasked with building the technological infrastructure to ingest massive amounts of information about voters, and develop tools that will help the campaign target them for fundraising, advertising, outreach, and get-out-the-vote efforts—essentially to create a political version of a customer relationship management (CRM) system, like the one that Salesforce.com runs for commerce, but for prospective voters.

“They are a technology platform company, not all that dissimilar from a Blue State Digital,” a Clinton campaign staffer told Quartz. Blue State grew out of Howard Dean’s 2004 presidential run and has become a cornerstone technology contractor for the Democratic Party and allied groups. “They provide a suite of services, donation, forum builders, things like that.”

The range of tasks anticipated for this platform—including volunteer coordination, fundraising, social-media marketing and events—makes it seem like the spiritual heir of the platform that Reed’s team built to integrate the Obama campaign’s various vendors, tools and data sources, which was called Narwhal.

That kind of database integration and number crunching may not sound terribly exciting. But building a list is the foundation of any campaign, and doing so digitally, with analytics and communications tools scaling across a nationwide campaign—with hundreds of paid staff and tens of thousands of volunteers—is no easy job, even for experienced engineers.

And it is an essential one for modern-day campaigns. The Romney campaign’s attempt to build a tool to compete with Narwhal (they named it Orca, the Narwhal’s natural enemy) famously fell apart on election day.

No Drama…Clinton?

Hillary Clinton’s last presidential run, like many ultimately unsuccessful campaigns, was hobbled by infighting among her consultants and staff. Even in the “no-drama Obama” 2012 team, the team had its own conflicts, with the engineers charged with building digital tools butting heads with staff charged with the campaign’s digital strategy.

“Who’s going to say, ‘Hey, billionaire smartest tech guy on the planet, thanks but no thanks?’” 

Veterans of Obama’s campaign say Clinton’s hierarchy under campaign manager Robbie Mook is better organized to avoid such conflicts this time around, with chief digital strategist Teddy Goff over-seeing both the digital director Katie Dowd and Hannon, the highly regarded former Google executive.

“Hiring Steph may have been Hillary’s sharpest move to date,” says venture capitalist and Democratic fundraiser Chris Sacca, who tells Quartz she is “one of the most gifted and diligent technologists I have ever worked with.”

One source says Hannon is trying to reduce the campaign’s reliance on the Groundwork. But Schmidt’s stature in Silicon Valley, and his status as a major Clinton backer, may complicate any efforts to constrain the Groundwork’s involvement, and distort the typical balance of power between the campaign and a key vendor.

“Imagine you’re a mid-level person inside the campaign, or even the campaign manager,” one veteran Democratic operative says. “Who’s going to say, ‘Hey, billionaire smartest tech guy on the planet, thanks but no thanks?’”

Are startups the new Super PACs?

Today, corporations and wealthy donors have many ways to seek influence with politicians. While their donations to campaigns are limited to a maximum of $5,000 or hundreds of thousands to national party committees, they can also now set up Super PACs with unlimited money for political activities, so long as they don’t coordinate with the official campaigns.

That unlimited money is all well and good for many things a campaign needs—TV advertising, for example, and even field work. But if you want to help make a campaign more tech-savvy, it gets harder: a super PAC, nominally independent under byzantine campaign finance laws, can’t pay for tech infrastructure.

“Your world class skills are worth less because you’re doing it for a good cause.” 

That’s the beauty of the Groundwork: Instead of putting money behind a Super PAC that can’t coordinate with the campaign, a well-connected donor like Schmidt can fund a startup to do top-grade work for a campaign, with the financial outlay structured as an investment, not a donation.

Schmidt, a major political donor, did not give money to Clinton’s campaign in the first half of this year, though a campaign official says he has visited the campaign’s Brooklyn headquarters and is supportive of her candidacy.

With tech policy an increasingly important part of the president’s job—consider merely the issues of NSA surveillance and anti-trust policy, not to mention self-driving cars and military robots—helping to elect yet another president could be incredibly valuable to Schmidt and to Google.

And Schmidt’s largesse is not something that other candidates, either rival Democrats like Bernie Sanders or the crowded field of Republicans, will be able to easily match. The billionaire Alphabet executive chairman now boasts a growing track record for funding politically-minded tech startups. The jobs these create could make it easier to attract top engineers to political work without asking them to sacrifice pay and equity for a brief campaign sabbatical.

Slaby says that Groundwork and Timshel exist in part to help talented, highly in-demand engineers work for a larger purpose without having to totally abandon their compensation expectations.

“We’ve institutionalized this idea that if people are going to work on things that are important to them, they’re going to take a big pay cut—your world class skills are worth less because you’re doing it for a good cause,” says Slaby. “At the end of the day people crave purpose. But you also want to pay your mortgage and send your kids to college. That’s an unfortunate choice we put to people a lot of the time.”

But the Groundwork’s success in 2016 will not ultimately be judged on its prospects as a startup, but whether it helps to make Clinton the 45th president of the United States of America.

“Something I always say is, ‘You get zero votes for innovation,’” Goff, Clinton’s top digital staffer, tells Quartz. “If you do something innovative that gets you votes, that’s good … If you do something innovative and it doesn’t get you votes but a VC would like it, we don’t care.”

Clinton Aides, Signed Documents and Everything is Evidence

Clinton aides signed forms agreeing classified info is ‘marked or unmarked’

WashingtonExaminer: Hours before Hillary Clinton was set to deliver a major foreign policy address Thursday, the Republican National Committee released copies of classified nondisclosure agreements signed by a pair of Clinton’s top aides.

The agreements, obtained by the RNC through the Freedom of Information Act, indicated both Clinton staffers had been specifically instructed on how to handle “marked or unmarked” classified material upon their arrival at the State Department in early 2009.

 

Jake Sullivan, former director of policy planning, and Bryan Pagliano, Clinton’s former information technology specialist, both signed the classified information nondisclosure forms.

By signing the document, Sullivan acknowledged that “negligent handling” of classified information could carry consequences. Sullivan reportedly sent the highest number of now-classified emails through Clinton’s private server.

Pagliano’s involvement in setting up and maintaining Clinton’s email network has come under fire in the months since reports surfaced of his simultaneous employment by the State Department and by the Clintons as a personal aide.

Pagliano has invoked his Fifth Amendment rights and refused to answer questions about the server in a closed-door congressional hearing and ahead of a deposition slated for Monday.

“Hillary Clinton endangered our national security and created a culture where top staffers went rogue, silenced career officials and hid a reckless email scheme that placed her political ambitions above all else,” Reince Priebus, chairman of the RNC, said of the nondisclosure forms. “These records show that like Clinton, her closest aides did not meet their responsibilities to protect classified information regardless of whether it was marked.”

Clinton has repeatedly argued that because nothing she sent or received was “marked” classified, she did not break any laws governing the treatment of sensitive government material. She maintains that the more than 2,000 emails from her server that have been classified by the State Department were only considered classified after they were written.

*****

FBI: Everything on Clinton is ‘evidence’ or ‘potential evidence’

TheHill: The FBI is treating everything on the private server used to run former Secretary of State Hillary Clinton’s personal email account as evidence or possible evidence as part of the federal investigation connected to the machine, the bureau said in a court filing this week.

“[A]ll of the materials retrieved from any electronic equipment obtained from former Secretary Clinton for the investigation are evidence, potential evidence, or information that has not yet been assessed for evidentiary value,” the FBI said in the filing.

Release of any of that additional information “could reasonably be expected to interfere with the pending investigation,” it added.
The FBI refused to publicly confirm other details of its investigation, and in the Monday evening filing declined to outline what, if any, laws it believes may have been broken to prompt its investigation. It also would not say who the target of the investigation is or confirm reports that multiple senior Clinton aides had been interviewed as part of the probe.

Still, the claim that all material is being treated as current or potential evidence could bode poorly for Clinton, who this week clinched the role of presumptive Democratic presidential nominee.

The FBI months ago took control of Clinton’s server, which was used to run her private email setup from her New York home throughout her time as secretary of State.

The federal bureau’s filing was made in a motion trying to kill an open-records lawsuit from Vice News journalist Jason Leopold.

In addition to that filing, the FBI asked the court for permission to offer another secret declaration outlining the steps it had taken to search Clinton’s machine for documents related to Leopold’s request.