Who is This David Kendall, the Clinton’s Lawyer

If and it is a big IF, some of the Hillary emails in question were not marked with any classified designations, then one must take a hard look at all of Hillary’s inner circle with particular emphasis on Huma Abedin. Why? Huma sent emails to Hillary which was a collection of several classified electronic dispatches that were classified and summarized them into a regular and unprotected email. Confused? More here. Heh, there were passages about snipers, people movement and vehicles.

It seems the New York Times has an axe to grind with the Clintons, imagine that. But the NYT is the go to media outlet when it comes to the White House and it cannot be forgotten that it was in fact the New York Times that was first to draw blood with regard to the Clintons. This was likely due to, but not proven at the hands of Valerie Jarrett protecting the White House from any concocted Clinton scheme and scandal.

Do, who is David Kendall? There must be some praise to the New York Times as they did list some, albeit, some Clinton scandals but the list if far from complete.

As a side matter, it will also come down to who can out-lawyer who in Washington DC…will Kendall always win?

From Whitewater to Email: David Kendall, the Clintons’ Dogged Lawyer

WASHINGTON — At first, he had to worry about a remote piece of land in Arkansas that no one wanted. Then there were billing records that went missing before mysteriously reappearing in the White House. And of course there was the blue dress.

Today, the object of concern for David E. Kendall is a tiny thumb drive that sat in a safe at his law firm until a couple weeks ago before attracting the attention of Congress, the F.B.I. and the news media. Once again, the whirlpool of Washington politics has arrived at Mr. Kendall’s doorstep as he defends perhaps the world’s most famous client.

For more than 20 years, Mr. Kendall has been on the front lines for Bill and Hillary Rodham Clinton as their personal lawyer, battling investigators and litigants in the superheated environment where law and politics meet. From Whitewater to impeachment, he has waged legal warfare to keep the Clintons’ political careers on track. So as Mrs. Clinton faces questions about her use of a personal email server as secretary of state, no one is surprised she turned to Mr. Kendall.

The latest furor has put Mr. Kendall under a spotlight in a way that discomfits the tight-lipped and camera-shy lawyer. From Mrs. Clinton’s foes come public questions about why he had the thumb drive containing her email and whether he secured it properly. From Mrs. Clinton’s friends come private questions about whether he has managed the situation effectively and whether he should be more outspoken to protect a Democratic presidential candidate leading in the polls.

“They always say, ‘Is Kendall the lawyer to do this or that?’” said James Carville, the former political strategist for Mr. Clinton who expresses great admiration for Mr. Kendall. “I never saw that there was a huge conflict. But you know, sometimes lawyers are lawyers and spokespeople are spokespeople.”

Mr. Kendall, said Mr. Carville, is not a public pit bull. “He has no bluster about him,” Mr. Carville said. “He’s aggressive, but he doesn’t have an in-your-face kind of thing about him. I don’t think he views that as his role. The chances that he’s going to talk to the press are way beyond remote.”

Unsurprisingly, Mr. Kendall declined to comment last week. But he enjoys Mrs. Clinton’s deep confidence.

“He has their complete trust, and he’s earned their complete trust,” said Robert Barnett, another lawyer for the Clintons and a partner with Mr. Kendall at Williams & Connolly in Washington. “There’s nobody more dedicated to his clients than David Kendall. There’s nobody who spends more time thinking about how to help his clients than David Kendall.”

To critics, that is the problem. Mr. Kendall, who turned over the thumb drive to the Justice Department on Aug. 6, has become so integrated into the Clinton apparatus that he risks crossing the line from lawyer to participant, they said. Two Republican senators wrote him letters in recent weeks questioning his handling of the thumb drive.

“The problem with the Clintons is once you begin working with them or acting as their agent you often get caught up in their scandals,” said Tom Fitton, the president of Judicial Watch, a watchdog group suing over Mrs. Clinton’s email. “So now Mr. Kendall is stuck having to explain his handling of the classified information Mrs. Clinton gave him.” More from the NYT’s here.

Who is at Fault When it Comes to Syria Refugees?

This matter comes down to no policy on the war in Syria and the misguided, yet no less corrupt leaders in this matter include the National Security Council at the White House, Barack Obama himself and the failed control and management at the State Department which began with Hillary Clinton and now with John Kerry.

The United Nations is at the core of the mismanagement and Western countries are left to clean up the mess, while some are now saying NO.

U.N. Calls on Western Nations to Shelter Syrian Refugees

“In the case of Syrian refugees, our intelligence on the ground is alarmingly slim, making it harder to identify extremists,” said Representative Michael McCaul, Republican of Texas and chairman of the House Homeland Security Committee.

The United Nations high commissioner for refugees, António Guterres, has stepped up calls for industrialized countries, including the United States, to shelter 130,000 Syrian refugees over the next two years.

The figure is a fraction of the nearly four million refugees who have poured into the countries bordering Syria — chiefly Jordan, Lebanon and Turkey — straining their resources and plunging many displaced people into poverty.

So far, the high commissioner’s pleas have not been met. Governments around the world have promised to take in just under two-thirds of what the United Nations is urging, while a great many more Syrians have chosen to make perilous journeys by land and sea in search of asylum in Europe. More here from the New York Times.

McCaul Says Admitting Unvetted Syrian Refugees into the U.S. is “Very Dangerous”

WASHINGTON, D.C. – Chairman Michael McCaul, of the House Homeland Security Committee, wrote a letter to President Obama last Thursday expressing concerns over the Administration’s announced plans to resettle some 2,000 Syrian refugees in the United States this year. Terrorists have made known their plans to attempt to exploit refugee programs to sneak terrorists into the West and the U.S. homeland. Chairman McCaul’s letter points out the potential national security threat this poses to the United States.

Chairman McCaul: “Despite all evidence towards our homeland’s vulnerability to foreign fighters, the Administration still plans to resettle Syrian refugees into the United States. The Director of the National Counterterrorism Center and the Deputy Director of the FBI both sat before my Committee this Congress and expressed their concern with admitting refugees we can’t properly vet from the global epicenter of terrorism and extremism in Syria. America has a proud tradition of welcoming refugees from around the world, but in this special situation the Obama Administration’s Syrian refugee plan is very dangerous.”

Read Chairman McCaul’s letter HERE.

 

The Subcommittee on Counterterrorism and Intelligence will hold a hearing on June 24th to examine the refugee resettlement program and discuss vulnerabilities to our security exposed by the Administration’s plan.

It was last year that Barack Obama lifted restrictions on the refugee program.

U.S. eases rules to admit more Syrian refugees, after 31 last year

President Barack Obama’s administration announced on Wednesday that it had eased some immigration rules to allow more of the millions of Syrians forced from their homes during the country’s three-year civil war to come to the United States.

Only 31 Syrian refugees – out of an estimated 2.3 million – were admitted in the fiscal year that ended in October, prompting demands for change from rights advocates and many lawmakers.

Hundreds of thousands of Syrians have been taken in by neighboring countries such as Jordan, Lebanon and Turkey.

The rules changes granted exemptions on a case by case basis to the “material support” bar in U.S. immigration law, according to an announcement in the Federal Register signed by Secretary of State John Kerry and Jeh Johnson, the Secretary of Homeland Security.

That bar had made it impossible for anyone who had provided any support to armed rebel groups to come to the United States, even if the groups themselves receive aid from Washington.

The advocacy group Human Rights First said, for example, that the existing law had been invoked to bar a refugee who had been robbed of $4 and his lunch by armed rebels, and a florist who had sold bouquets to a group the United States had designated as a terrorist organization.

“These exemptions will help address the plight of Syrian refugees who are caught up in the worst humanitarian crisis in a generation,” Illinois Senator Richard Durbin, chairman of the U.S. Senate subcommittee on human rights, said in a statement.

It was not immediately clear how many Syrians would be affected by the rules change.

By early January, 135,000 Syrians had applied for asylum in the United States. But the strict restrictions on immigration, many instituted to prevent terrorists from entering the country, had kept almost all of them out.

Washington has provided $1.3 billion in humanitarian assistance to aid Syrian refugees. This year, the United Nations is also trying to relocate 30,000 displaced Syrians it considers especially vulnerable. Witnesses at a Senate hearing last month had testified that Washington would normally accept half.

How Servers are Really Involved in Hillary’s Server-Gate

 

Hillary admits during an interview she has an iPad and iPhone along with her NON-Government issued Blackberry.

Okay, we were told that Bill had one and it was not expandable for Hillary to use when she was a senator. She bought one of her own. Then we hear about a server that was in a bathroom, a server that was in a data center in New Jersey, yet are we sure we have an accurate could, an accurate handle on locations and what does the FBI have at this point?

Hillary’s emails WERE backed up to another server – and it may still exist – as the FBI works to figure out how well the data was scrubbed

DailyMail: Tens of thousands of emails once housed on former secretary of state Hillary Clinton’s private computer server were moved to another device after a Colorado company took possession of the device in 2013, leaving open the possibility that copies of messages Clinton later chose to delete might still exist.
The FBI seized the server this week in a stunning move, signaling a new intensity in the investigation into whether Clinton knowingly send or received top-secret classified information through her private address while she was America’s top diplomat.
Bloomberg reported Thursday night that Barbara Wells, an attorney for Platte River Networks, Inc., confirmed that while the server hardware now controlled by the FBI ‘is blank and does not contain any useful data,’ its contents could still be safe and sound elsewhere.
That’s because the server’s messages were ‘migrated’ to another server that still exists, she said, before ending the Bloomberg interview without specifying where that device is located and who owns it – only that her company no longer has it.

‘The data on the old server is not now available on any server or device that is under Platte River’s control,’ Wells said.
A Monmouth University poll, released Wednesday, shows that 52 per cent of American voters believe the federal government should pursue a criminal investigation in the case.
That number might soon grow: The Monmouth survey was conducted before the server landed in the hands of law enforcement, along with three thumb drives held by her lawyer that reportedly contain raw copies of 30,490 emails she handed over to State Department investigators late last year.
A random sample of 40 of those messages examined by U.S. Intelligence Community Inspector General Charles McCullough’s office included two that contained information later classified as ‘top secret.’
Another 31,830 emails, however, were deleted at Clinton’s request after her staffers sifted through them and determined that they were personal in nature.
Republicans on Capitol Hill cried foul in March after she casually acknowledged during a combative press conference that she had made that decision without oversight from anyone in government.
Clinton and her presidential campaign have insisted, most recently in a 4,000-word explanation this week, that those messages were not work-related.

Clinton used an ‘@clintonemail.com’ address exclusively during her four years as secretary of state instead of keeping her correspondence on a ‘@state.gov’ account. That made it more likely that her emails were open to hackers, and made it impossible for the State Department to keep a complete archive.
An aide to a Republican member of the Senate Intelligence Committee told DailyMail.com that McCCullough has been pressed to give Congress regular updates if more classified information is discovered.
‘We’re not letting go of this,’ he said, while denying that going after Clinton was a political exercise.
‘I don’t care if it’s Hillary Clinton or Ted Cruz,’ he said, naming a Texas senator who is running for president, but who is not a committee member. ‘If we don’t aggressively follow this wherever it leads, what good are we?’
It’s not clear if Clinton’s long-deleted data actually exists on another machine, even though Wells says it was once moved there.
But even if it’s gone for good, the FBI’s digital forensic experts may be able to recover some or all of it from the ‘clean’ Platte River server – depending on the method that was used to ‘wipe’ it.
Methods also exist to determine if traces of a malicious hack remain behind.
Hard drives store information in large sections that are separate from a ‘directory’ block – a sort of table of contents that tells a computer where to find each file’s many constituent pieces. Click here for a timeline of email facts, dates and people.

 

Hillary’s Team Now Attacking Gowdy’s Document Protections

Jake Sullivan, Hillary’s policy advisor and Cheryl Mills, the aide and lawyer for Hillary are slated to testify before the Benghazi commission the first week of September. Answering questions about the destroyed Blackberry cell phones will be among the questions.

Meanwhile, the Hillary camp is shooting arrows at the Gowdy Benghazi commission over its own protections of classified documents. Desperation and accusations are becoming a daily occurrence.  Honestly, this smacks of the Benghazi co-chair, Elijah Cummings working in collusion with the Hillary team.

In July:

Politico: At least two former top aides to former Secretary of State Hillary Clinton have turned over documents to the State Department in response to a request sent to 10 former officials in March asking them to return any official agency records in their possession, according to a court filing late Tuesday.

Former Clinton Chief of Staff Cheryl Mills and former Director of Policy Planning Jake Sullivan produced “a number” of records through their attorneys on June 26, State Department records official John Hackett said in a declaration submitted in connection with a Freedom of Information Act lawsuit filed by the conservative group Judicial Watch. More here.

Hillary Clinton aide: Gowdy committee has classified docs on server, too

Politico: Hillary Clinton’s campaign, under fire over the ongoing emails controversy, is pointing a finger at House Republican Benghazi investigators, accusing the panel of having classified documents on an unsecured system just like Clinton did.

On a phone call Friday afternoon, campaign spokesman Brian Fallon said the House Select Committee on Benghazi had on an unsecured computer system at least one Clinton email that State did not consider classified — but which the intelligence community now considers classified.

“[Benghazi Chairman] Trey Gowdy treated emails, in this case, in the same way Hillary Clinton did, considering them unclassified and … storing them on unclassified computer systems,” Fallon said. “So in light of this I don’t really see what leg Congressman Gowdy has to stand on in his criticisms of Secretary Clinton on this point.”

Fallon called on Gowdy personally to confirm the allegation, suggesting perhaps he could also have to turn over his staff’s technology like Clinton has done with the Justice Department: “By the same logic that is now being applied to Hillary Clinton’s email, some could say that the House Benghazi Committee should also have its systems looked at to see if they have emails that are now considered classified.”

A Gowdy aide rejected the comparison. The executive branch has classification authorities, so if a classified document was sent to the legislative branch unclassified, Congress isn’t in a position to change the marking.

“We didn’t put it in the bathroom,” a GOP committee spokesperson said sarcastically, referring to a report last week that the small Denver-based computer company that handled Clinton’s email stored its servers in a bathroom closet. “Our system and server for handling classified information in electronic format was subjected to and passed a year of painstaking planning, documentation, and review by numerous security and IT professionals in the Intelligence Community.”

A spokesman for Democrats on the Benghazi panel said the committee was “instructed that it needed to move the document from unclassified computer systems and files to classified computer systems and files,” after the FBI discovered a line that they wanted classified.

The staffer said the panel isn’t to blame — just as Clinton isn’t. “[L]ike Secretary Clinton, Committee members and staff could not have known to treat that document as classified when we received it, because it was not marked or easily identifiable as classified information.”

The attempt to redirect questions about Clinton’s email practices back at congressional investigators comes amid a cacophony of headlines about the issue. On the heels of the bathroom report, a federal judge said this week that Clinton violated government policy with her email set-up.

Fallon was referring to one of the original Clinton emails that subsequently raised flags with the FBI: a Nov. 18, 2012 missive detailing arrested suspects involved in the attack that left four Americans dead in the 2012 Benghazi attacks, sent by State official William Roebuck, now U.S. Ambassador to Bahrain.

Fallon said the committee received copies of the email months ago because the State Department did not — and still does not — consider it classified. But the intelligence committee is arguing that the information is indeed secret and sensitive, and should therefore be classified.

“Since the State Department provided the email forwarded by [top Clinton policy aide] Jake [Sullivan] to the Benghazi Committee several months before the FBI asked for any redaction, it has seemed to us highly plausible that for several months Congressman Gowdy’s staff may have been treating the email as unclassified just as we did and handling it on unclassified systems on Capitol Hill,” Fallon said.

Fallon also praised Gowdy for complaints the South Carolina Republican made in July about over-classification of documents. On July 8, Gowdy sent a letter to the Obama Administration asserting that overly aggressive classification of documents was hindering his information gathering.

“It’s not just the Clinton campaign saying that there’s a lean in favor of over-classification in government… it turns out that Trey Gowdy himself agrees with us,” he said.

 

 

 

 

 

 

The Judge’s Ruling Today on Hillary’s Server/FBI

Judge Sullivan is showing little tolerance and has taken full control of the email matter and the State Department. There is no way out now, when he orders all parties to completely cooperate with the FBI on all material, devices, people and dates. Beyond the work of the media and the FBI, keep eyes on the White House collusion that ‘executive privilege’ may be applied to Hillary and her inner circle due in part to connectivity and the Benghazi testimony in October. The other point of importance is where is Attorney General Loretta Lynch going to take this matter, when in fact a special investigative team and even prosecutor should have already been named.

It is shameful that after Hillary was hacked in 2013, the State Department, the FBI and even the Justice Department chose not to further investigate. Hummm, the DOJ did issue a criminal warrant on Marcel Lazar Lehel, AKA Guccifer but it did not proceed as Romanian officials chose to advance the case where Lehel is presently serving prison time.

The Hill: A federal judge on Thursday ordered the State Department to communicate with the FBI about Hillary Clinton’s personal email server, and opened the door to additional demands on the former secretary of state.

Judge Emmet Sullivan told the department to “establish a dialogue” with the FBI about the machine, and be prepared to demand that the FBI turn over documents that may be related to a Freedom of Information Act lawsuit.

“I’m surprised that State didn’t do that already,” Sullivan told government lawyers.

“If you can get the information as result of a dialogue with the FBI… I think I may be satisfied,” he added. “Let’s see what the investigation reveals, if anything.”

The order comes amid increasing scrutiny on Clinton’s unorthodox email practices while serving as the nation’s top diplomat. Her use of a “home brew” email system has grown into an increasing drag on her front-runner presidential campaign, and forced top campaign officials to grow more aggressive in trying to get out in front of the story.

Last week, Clinton handed the server and thumb drives containing copies of 55,000 pages of her work-related emails over to the FBI, after news broke that classified information may have inappropriately passed through her inbox.

On Thursday, Sullivan raised the specter of demanding that Clinton determine whether a backup of her home server was made either by the company that managed it or by someone else, and prepare for the possibility of turning that over to the government. Those files might contain other messages of interest to the government, he suggested.

“Arguably there were backups of everything that were communicated,” he said.

“Why wouldn’t the same requirement be appropriate” with that private company as with the FBI, he questioned.

However, any additional demands would not be handed down until the FBI had at least 30 days to inspect Clinton’s server.

“Let’s see what the investigation reveals and we’ll go from there,” the judge said.

Sullivan asked for a written status report about the FBI’s progress on Sept. 21.

Thursday’s order came as part of a lawsuit launched by the conservative organization Judicial Watch, which had requested documents from the State Department about the employment status of Clinton aide Huma Abedin.

“We believe [additional] records exist,” Judicial Watch lawyer Michael Bekesha said. “Just because the government hasn’t found them doesn’t mean they’re not out there.”

Those records may be among the roughly 30,000 emails that Clinton said were personal and deleted from her server, Bekesha speculated, or else on a computer or other device she had used while in office. On Wednesday, the State Department confirmed that Clinton was not issued a BlackBerry or other device by the government while in office.

“I think the judge was curious and interested in what other copies may be out there and where those backups and copies may be,” Bekesha told reporters after the hearing. “The court decided that let’s first hear from the FBI, see what they have, see what they are doing with it, and then proceed in 30 days.”

“We don’t know what those devices could be,” he added. “All we know is they’re probably out there and the American people are not being told about them, probably because more emails are there.”

Clinton appeared to have wiped the server after deleting them at some point between last December and this March. However, there are signs that investigators may nonetheless be able to recover and search some of that information.

The next hearing in the case is scheduled for the morning of Oct. 1.

Peter Wechsler, a Department of Justice lawyer representing the State Department, told the court that it did not need to ask about backups of Clinton’s server or other locations that her communications may be, since the former secretary and her lawyer had already pledged that all work-related documents had been handed over to the department.

Wechsler also urged the judge not to demand that State itself take control of and search the server and USB thumb drives.

That would be an “extraordinary” demand, he said.

“We think the concept of reasonable search here has been met,” he added, while repeatedly expressing a desire not to “interfere” with the work of the FBI.

“To now go and request the devices would be the tail wagging the dog,” the told the court.

***

NPR: The prediction is the full FBI investigation will go wider and deeper as the media is at least reporting due to some real investigations and interviews on their part.

For now, federal authorities characterize the Justice Department inquiry into Hillary Clinton’s private email server as a security situation: a simple matter of finding out whether classified information leaked out during her tenure as secretary of state, and where it went.

Except, former government officials said, that’s not going to be so simple.

“I think that the FBI will be moving with all deliberate speed to determine whether there were serious breaches of national security here,” said Ron Hosko, who used to lead the FBI’s criminal investigative division.

He said agents will direct their questions not just at Clinton, but also her close associates at the State Department and beyond.

“I would want to know how did this occur to begin with, who knew, who approved,” Hosko said.

Authorities are asking whether Clinton or her aides mishandled secrets about the Benghazi attacks and other subjects by corresponding about them in emails.

For her part, Clinton said she did not use that email account to send or receive anything marked classified.

“Whether it was a personal account or a government account, I did not send classified material, and I did not receive any material that was marked or designated classified which is the way you know whether something is,” she said Tuesday in a question-and-answer session with reporters.

Why is Clinton emphasizing the idea that none of those messages were marked? Because what she knew — her intent — matters a lot under the law. If the Justice Department and FBI inquiry turns into a formal criminal investigation.

Two lawyers familiar with the inquiry told NPR that a formal criminal investigation is under consideration and could happen soon — although they caution that Clinton herself may not be the target.

The Clinton campaign maintains that Clinton did nothing wrong, that the government inquiry would not move beyond a “security-related review” and points a finger at a “culture of classification” within the intelligence community.

“She was at worst a passive recipient of unwitting information that subsequently became deemed as classified,” said Brian Fallon, Clinton campaign press secretary, in a conference call Wednesday with reporters, per NPR’s Tamara Keith. “When it comes to classified information, the standards are not at all black and white, and in the absence of markings that officially designate something classified, reasonable people each taking their responsibilities extremely seriously, can nonetheless disagree on the character of the information they are dealing with — and both could be completely justified in that perspective.

“And that is why we are so confident that this review will remain a security-related review. We think that furthermore this matter is mostly just shining a spotlight on a culture of classification that exists within certain corners of the government, especially the intelligence community.”

Michael Mukasey, who served as attorney general in the George W. Bush administration, recently talked to Newsmax TV about the government’s burden of proof.

“They’d have to show that she was responsible for having the information on that server and essentially knew what was on there,” Mukasey said.

Whether or not the emails were labeled as secret, some other Republicans say Clinton should have known better.

Former NSA Director Michael Hayden told the MSNBC program Morning Joe: “Put legality aside for just a second, it’s stupid and dangerous.”

Clinton said she’s cooperating with investigators. She has turned over 55,000 pages of emails for review. Inspectors general and members of the intelligence community are sifting through them now. And watchdog groups are in court demanding their public release.

But Clinton’s lawyer says she’s already deleted thousands more personal email messages. Republicans in Congress are asking about her motivations and soon federal agents may be, too.

“Then we get to the questions about what did Congress subpoena, when did they subpoena it and what was the intent … if information was deleted or if it was wiped after that time?” Hosko asked.

There’s no evidence to suggest those messages were deleted after Clinton got a subpoena this year from the House Select Committee on Benghazi, something that would raise allegations of obstructing justice.

On the campaign trail this week, a reporter asked Clinton if she had wiped clean the server. Her reply? “What like with a cloth or something? Well no I don’t know how it works digitally at all.”

Clinton later added: “I’m very comfortable that this will eventually get resolved and the American people will have plenty of time to figure it out.”

As the campaign intensifies, the FBI and its director, James Comey, will be operating in an environment filled with political sensitivity. But it won’t be the first time, Hosko said.

“The FBI won’t be ignorant to the political realities,” he said, “but they have a job to do, they know that job, they’ve done it before, they will do it here.”