FBI: Hillary is Above the Law

FBI Director, James Comey laid out the facts and it is beyond debate that Hillary and her team are official members of the Bill Ayers of guilty but nothing to see here club. The nation of laws is but a distant memory. Comey laid out gross negligence and careless but is not recommending prosecution.

When Loretta Lynch said she would accept the FBI’s and prosecutor’s recommendation, the formal plan was already in play. What say you?

SHE SHOULD LOSE HER SECURITY CLEARANCE FOREVER, but judge for yourself.

Comey’s official statement:

Washington, D.C. July 05, 2016
  • FBI National Press Office (202) 324-3691

Remarks prepared for delivery at press briefing.

Good morning. I’m here to give you an update on the FBI’s investigation of Secretary Clinton’s use of a personal e-mail system during her time as Secretary of State.

After a tremendous amount of work over the last year, the FBI is completing its investigation and referring the case to the Department of Justice for a prosecutive decision. What I would like to do today is tell you three things: what we did; what we found; and what we are recommending to the Department of Justice.

This will be an unusual statement in at least a couple ways. First, I am going to include more detail about our process than I ordinarily would, because I think the American people deserve those details in a case of intense public interest. Second, I have not coordinated or reviewed this statement in any way with the Department of Justice or any other part of the government. They do not know what I am about to say.

I want to start by thanking the FBI employees who did remarkable work in this case. Once you have a better sense of how much we have done, you will understand why I am so grateful and proud of their efforts.

So, first, what we have done:

The investigation began as a referral from the Intelligence Community Inspector General in connection with Secretary Clinton’s use of a personal e-mail server during her time as Secretary of State. The referral focused on whether classified information was transmitted on that personal system.

Our investigation looked at whether there is evidence classified information was improperly stored or transmitted on that personal system, in violation of a federal statute making it a felony to mishandle classified information either intentionally or in a grossly negligent way, or a second statute making it a misdemeanor to knowingly remove classified information from appropriate systems or storage facilities.

Consistent with our counterintelligence responsibilities, we have also investigated to determine whether there is evidence of computer intrusion in connection with the personal e-mail server by any foreign power, or other hostile actors.

I have so far used the singular term, “e-mail server,” in describing the referral that began our investigation. It turns out to have been more complicated than that. Secretary Clinton used several different servers and administrators of those servers during her four years at the State Department, and used numerous mobile devices to view and send e-mail on that personal domain. As new servers and equipment were employed, older servers were taken out of service, stored, and decommissioned in various ways. Piecing all of that back together—to gain as full an understanding as possible of the ways in which personal e-mail was used for government work—has been a painstaking undertaking, requiring thousands of hours of effort.

For example, when one of Secretary Clinton’s original personal servers was decommissioned in 2013, the e-mail software was removed. Doing that didn’t remove the e-mail content, but it was like removing the frame from a huge finished jigsaw puzzle and dumping the pieces on the floor. The effect was that millions of e-mail fragments end up unsorted in the server’s unused—or “slack”—space. We searched through all of it to see what was there, and what parts of the puzzle could be put back together.

FBI investigators have also read all of the approximately 30,000 e-mails provided by Secretary Clinton to the State Department in December 2014. Where an e-mail was assessed as possibly containing classified information, the FBI referred the e-mail to any U.S. government agency that was a likely “owner” of information in the e-mail, so that agency could make a determination as to whether the e-mail contained classified information at the time it was sent or received, or whether there was reason to classify the e-mail now, even if its content was not classified at the time it was sent (that is the process sometimes referred to as “up-classifying”).

From the group of 30,000 e-mails returned to the State Department, 110 e-mails in 52 e-mail chains have been determined by the owning agency to contain classified information at the time they were sent or received. Eight of those chains contained information that was Top Secret at the time they were sent; 36 chains contained Secret information at the time; and eight contained Confidential information, which is the lowest level of classification. Separate from those, about 2,000 additional e-mails were “up-classified” to make them Confidential; the information in those had not been classified at the time the e-mails were sent.

The FBI also discovered several thousand work-related e-mails that were not in the group of 30,000 that were returned by Secretary Clinton to State in 2014. We found those additional e-mails in a variety of ways. Some had been deleted over the years and we found traces of them on devices that supported or were connected to the private e-mail domain. Others we found by reviewing the archived government e-mail accounts of people who had been government employees at the same time as Secretary Clinton, including high-ranking officials at other agencies, people with whom a Secretary of State might naturally correspond.

This helped us recover work-related e-mails that were not among the 30,000 produced to State. Still others we recovered from the laborious review of the millions of e-mail fragments dumped into the slack space of the server decommissioned in 2013.

With respect to the thousands of e-mails we found that were not among those produced to State, agencies have concluded that three of those were classified at the time they were sent or received, one at the Secret level and two at the Confidential level. There were no additional Top Secret e-mails found. Finally, none of those we found have since been “up-classified.”

I should add here that we found no evidence that any of the additional work-related e-mails were intentionally deleted in an effort to conceal them. Our assessment is that, like many e-mail users, Secretary Clinton periodically deleted e-mails or e-mails were purged from the system when devices were changed. Because she was not using a government account—or even a commercial account like Gmail—there was no archiving at all of her e-mails, so it is not surprising that we discovered e-mails that were not on Secretary Clinton’s system in 2014, when she produced the 30,000 e-mails to the State Department.

It could also be that some of the additional work-related e-mails we recovered were among those deleted as “personal” by Secretary Clinton’s lawyers when they reviewed and sorted her e-mails for production in 2014.

The lawyers doing the sorting for Secretary Clinton in 2014 did not individually read the content of all of her e-mails, as we did for those available to us; instead, they relied on header information and used search terms to try to find all work-related e-mails among the reportedly more than 60,000 total e-mails remaining on Secretary Clinton’s personal system in 2014. It is highly likely their search terms missed some work-related e-mails, and that we later found them, for example, in the mailboxes of other officials or in the slack space of a server.

It is also likely that there are other work-related e-mails that they did not produce to State and that we did not find elsewhere, and that are now gone because they deleted all e-mails they did not return to State, and the lawyers cleaned their devices in such a way as to preclude complete forensic recovery.

We have conducted interviews and done technical examination to attempt to understand how that sorting was done by her attorneys. Although we do not have complete visibility because we are not able to fully reconstruct the electronic record of that sorting, we believe our investigation has been sufficient to give us reasonable confidence there was no intentional misconduct in connection with that sorting effort.

And, of course, in addition to our technical work, we interviewed many people, from those involved in setting up and maintaining the various iterations of Secretary Clinton’s personal server, to staff members with whom she corresponded on e-mail, to those involved in the e-mail production to State, and finally, Secretary Clinton herself.

Last, we have done extensive work to understand what indications there might be of compromise by hostile actors in connection with the personal e-mail operation.

That’s what we have done. Now let me tell you what we found:

Although we did not find clear evidence that Secretary Clinton or her colleagues intended to violate laws governing the handling of classified information, there is evidence that they were extremely careless in their handling of very sensitive, highly classified information.

For example, seven e-mail chains concern matters that were classified at the Top Secret/Special Access Program level when they were sent and received. These chains involved Secretary Clinton both sending e-mails about those matters and receiving e-mails from others about the same matters. There is evidence to support a conclusion that any reasonable person in Secretary Clinton’s position, or in the position of those government employees with whom she was corresponding about these matters, should have known that an unclassified system was no place for that conversation. In addition to this highly sensitive information, we also found information that was properly classified as Secret by the U.S. Intelligence Community at the time it was discussed on e-mail (that is, excluding the later “up-classified” e-mails).

None of these e-mails should have been on any kind of unclassified system, but their presence is especially concerning because all of these e-mails were housed on unclassified personal servers not even supported by full-time security staff, like those found at Departments and Agencies of the U.S. Government—or even with a commercial service like Gmail.

Separately, it is important to say something about the marking of classified information. Only a very small number of the e-mails containing classified information bore markings indicating the presence of classified information. But even if information is not marked “classified” in an e-mail, participants who know or should know that the subject matter is classified are still obligated to protect it.

While not the focus of our investigation, we also developed evidence that the security culture of the State Department in general, and with respect to use of unclassified e-mail systems in particular, was generally lacking in the kind of care for classified information found elsewhere in the government.

With respect to potential computer intrusion by hostile actors, we did not find direct evidence that Secretary Clinton’s personal e-mail domain, in its various configurations since 2009, was successfully hacked. But, given the nature of the system and of the actors potentially involved, we assess that we would be unlikely to see such direct evidence. We do assess that hostile actors gained access to the private commercial e-mail accounts of people with whom Secretary Clinton was in regular contact from her personal account. We also assess that Secretary Clinton’s use of a personal e-mail domain was both known by a large number of people and readily apparent. She also used her personal e-mail extensively while outside the United States, including sending and receiving work-related e-mails in the territory of sophisticated adversaries. Given that combination of factors, we assess it is possible that hostile actors gained access to Secretary Clinton’s personal e-mail account.

So that’s what we found. Finally, with respect to our recommendation to the Department of Justice:

In our system, the prosecutors make the decisions about whether charges are appropriate based on evidence the FBI has helped collect. Although we don’t normally make public our recommendations to the prosecutors, we frequently make recommendations and engage in productive conversations with prosecutors about what resolution may be appropriate, given the evidence. In this case, given the importance of the matter, I think unusual transparency is in order.

Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case. Prosecutors necessarily weigh a number of factors before bringing charges. There are obvious considerations, like the strength of the evidence, especially regarding intent. Responsible decisions also consider the context of a person’s actions, and how similar situations have been handled in the past.

In looking back at our investigations into mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts. All the cases prosecuted involved some combination of: clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice. We do not see those things here.

To be clear, this is not to suggest that in similar circumstances, a person who engaged in this activity would face no consequences. To the contrary, those individuals are often subject to security or administrative sanctions. But that is not what we are deciding now.

As a result, although the Department of Justice makes final decisions on matters like this, we are expressing to Justice our view that no charges are appropriate in this case.

I know there will be intense public debate in the wake of this recommendation, as there was throughout this investigation. What I can assure the American people is that this investigation was done competently, honestly, and independently. No outside influence of any kind was brought to bear.

I know there were many opinions expressed by people who were not part of the investigation—including people in government—but none of that mattered to us. Opinions are irrelevant, and they were all uninformed by insight into our investigation, because we did the investigation the right way. Only facts matter, and the FBI found them here in an entirely apolitical and professional way. I couldn’t be prouder to be part of this organization.

WikiLeaks Publishes Hillary Emails on Iraq

Access to the WikiLeaks file on Hillary’s emails is here.

Wikileaks publishes Clinton war emails

TheHill: WikiLeaks on Monday published more than 1,000 emails from Hillary Clinton during her time as secretary of State about the Iraq War.

The website tweeted a link to 1,258 emails that Clinton, now the presumptive Democratic presidential nominee sent and received. They stem from a trove of emails released by State Department in February.

WikiLeaks combed through the emails to find all the messages that reference the Iraq War.

The development comes after WikiLeaks founder Julian Assange said last month the website had gathered “enough evidence” for the FBI to indict Clinton.

“We could proceed to an indictment, but if Loretta Lynch is the head of the [Department of Justice] in the United States, she’s not going to indict Hillary Clinton,” Assange told London-based ITV. “That’s not possible that could happen.”

***** While many of the emails sent to Hillary are articles from major global media outlets, there are others noted with personnel issues and Sidney Blumenthal was still her intelligence confidant.

A sample is here:

THE BIGGER STORY HERE IS THE INTERNAL REVOLT AGAINST MCCHRYSTAL. SID

Hillary, Greece Bailout, Son in Law

  

Clinton Son-in-Law’s Firm Is Said to Close Greece Hedge Fund

Clinton sought secret info on EU bailout plans as son-in-law’s doomed hedge fund gambled on Greece

FNC: Hedge fund manager Marc Mezvinsky had friends in high places when he bet big on a Greek economic recovery, but even the keen interest of his mother-in-law, then-Secretary of State Hillary Clinton, wasn’t enough to spare him and his investors from financial tragedy.

In 2012, Mezvinski, the husband of Chelsea Clinton, created a $325 million basket of offshore funds under the Eaglevale Partners banner through a special arrangement with investment bank Goldman Sachs. The funds have lost tens of millions of dollars predicting that bailouts of the Greek banking system would pump up the value of the country’s distressed bonds. One fund, exclusively dedicated to Greek debt, suffered near-total losses.

Clinton stepped down as secretary of state in 2013 to run for president. But newly released emails from 2012 show that she and Clinton Foundation consultant, Sidney Blumenthal, shared classified information about how German leadership viewed the prospects for a Greek bailout. Clinton also shared “protected” State Department information about Greek bonds with her husband at the same time that her son-in-law aimed his hedge fund at Greece.

That America’s top diplomat kept a sharp eye on intelligence assessing the chances of a bailout of the Greek central bank is not a problem. However, sharing such sensitive information with friends and family would have been highly improper. Federal regulations prohibit the use of nonpublic information to further private interests or the interests of others. The mere perception of a conflict of interest is unacceptable.

Through its press representative, Eaglevale declined to comment for this story. Clinton’s campaign press office did not respond to a request for comment.

A former Goldman Sachs broker himself, Mezvinsky formed Eaglevale Management with two ex-Goldman Sachs partners in October 2011. As a “global macro” firm, Eaglevale’s strategy is to seek profit opportunities in politically volatile situations. Mezvinsky set up several funds in the Cayman Islands, a secretive tax haven, with Goldman Sachs serving as Eaglevale’s prime broker and banker. The giant brokerage firm has a checkered history of manipulating the value of Greek debt to the detriment of Greece.

The same month that Eaglevale incorporated its offshore arm, Gary Gensler, the head of the United States Commodity Futures Trading Commission, which polices hedge funds, emailed Clinton that a bailout by the European Central Bank could “turn market sentiment” in favor of Greek bonds.

Gensler had previously worked as co-head of finance at Goldman Sachs; he is now the financial director of Clinton’s election campaign. Goldman Sachs has donated up to $5 million to the Clinton Foundation and $860,000 to Hillary Clinton’s political campaigns. Shortly after Clinton resigned, Goldman Sachs paid her $675,000 in speaking fees.

Clinton’s deputy in charge of economic policy was Robert Hormats, a former vice chairman of Goldman Sachs. Hormats and Clinton shared an extensive email trail about the possibility of bailing out Greece, including classified materials, and internal state department memos about the debt from the U.S. ambassador to Greece.

Again, monitoring Greece was part of Clinton’s job description, but, ethically, that does not mean that a family member should make bets that depend upon the actions of another family member—leaving aside the question of whether “insider” information was divulged to Mezvinsky by Blumenthal or his parents-in-law.

During 2011, Secretary of State Clinton lobbied the leaders of European governments to bail out the Greek financial system. She advocated imposing austerity measures on Greece—raising taxes, cutting public employee salaries and eliminating social welfare programs—to make the investors holding the debt happy.

Driven by investor’s belief that Greece would be bailed out, the speculative value of its debt climbed into the stratosphere in late 2011 and early 2012. The bonds gradually sank to 2008 levels by the end of the year, with temporary spikes, as investors alternately gained and loss confidence in the prospect of a bailout. In other words, there were multiple opportunities for Greek-bond hedge funds to buy cheap and sell dear.

At a February 2012 summit meeting about the Eurozone debt crisis in Munich, Clinton urged leaders of the European Union to commit to a Greek bailout.

In April, Eaglevale booked $19 million from a dozen investors. California’s public employee pension fund, CalPERS, reportedly invested $13 million. Goldman Sach’s CEO, Lloyd Blankfein, jumped in with his own money, as did Chelsea Clinton’s former boss, Marc Lasry, who specializes in buying distressed debt.

In May, Blumenthal, emailed two “confidential” memos about the Greek debt situation to Clinton. Hormats was included in the email loop.

The first memo, Blumenthal told Clinton, is “based on conversations with German Finance Minister Wolfgang Schauble and those close to him … the information comes from an extremely sensitive source and should be handled with care. This information must not be shared with anyone associated with the German government.”

The unnamed spy reported that in secret meetings with German Chancellor Angela Merkel, Schauble had searched for a politically acceptable way to bail out the Greek debt in order to avoid collapsing the economies of Greece, Italy, Spain and Ireland.

The second memo was classified and blacked out by State Department censors when Clinton’s emails were released. No doubt, it was informative.

In June, Clinton’s deputy, Jake Sullivan emailed her “a depressing snapshot” of reports that Greek banks were failing and that Merkel was against a Greek bailout. The next day, he reported “re: Greece” that Ambassador Dan Smith “just spoke to the Central Bank Governor and assessed that the economic situation was “ok for now” provided that “small depositors put money back into the banks.”

A few days later, Clinton asked Sullivan for a confidential state department report, “Solidarity Bonds Greece Revised.” He sent it to her adding, “If you like, send it on [to] WJC,” presumably a reference to William Jefferson Clinton.

Clinton ordered an aide, “Pls print two copies” of the Greek bond report. The report was blacked out as a “protected” document when the emails were made public.

Did Mezvinsky benefit from his family connection?

The emails show that Clinton did at least one official favor for her son-in-law. In August 2012, she forwarded Deputy Secretary Thomas Nides an email from Mezvinsky lobbying on behalf of his former Goldman Sachs colleague, Harry Siklas.

Siklas and Goldman Sachs were invested in a deep sea mining venture called Neptune Minerals. Siklas asked Mezvinsky to broker a talk with Clinton about “current legal issues and regulations” on deep sea mining. Clinton ordered Nides to “follow up on this request.”

Nides replied, “I’ll get on it.”

Hillary Scheduled for Saturday with FBI

  1. When the FBI calls Hillary, it is likely she is the final witness for the ongoing investigations.
  2. When Bill met Loretta Lynch on her private jet, it was highly probable that the schedule had already been set with Hillary.
  3. Loretta Lynch was likely advised of this interview by the FBI.

 

Loretta Lynch: Bill Clinton meeting ‘cast shadow’ over email server investigation

Guardian: The US attorney general said she would ‘fully accept’ FBI recommendations in reviewing Hillary Clinton case in attempt to curb concerns over brief encounter.

Lynch said she would “fully accept” whatever recommendations were made by the FBI and prosecutors, but sought to quell concerns stemming from the encounter with Bill Clinton, at an airport in Phoenix, reiterating that the justice department process for the email case remained wholly independent.

Speaking at the Aspen ideas festival in Colorado, Lynch said: “I certainly wouldn’t do it again because I think it has cast this shadow over what it should not, over what it will not, touch.

“It’s important to make it clear that that meeting with President Clinton does not have a bearing on how this matter will be reviewed and resolved.”

Report: Clinton Scheduled to Talk to FBI on Saturday

FreeBeacon: The FBI could interview Hillary Clinton as soon as this Saturday, the Daily Caller reported on Friday, citing a source close to the federal investigation.

The meeting would likely mark the final phase of the FBI’s investigation into Clinton’s private email server. The FBI has already spoken with several of Clinton’s closest aides, including her former chief of staff Cheryl Mills and IT staffer Bryan Pagliano.

The Daily Caller reported that the meeting could take place at Clinton’s home in Washington, D.C., and was scheduled over a holiday weekend in order to avoid conflicts with Clinton’s presidential campaign schedule:

Former Sec. of State Hillary Clinton is scheduled to meet Saturday with the FBI, a source close to the investigation into her private email server tells the Daily Caller.

The source went on to suggest the interview may take place at her Washington, D.C. home. …

Scheduling the meeting on a holiday weekend will likely help with logistical issues for both the FBI and the Clinton campaign.

Clinton has no campaign events listed on her schedule which means that she will not be tailed by the usual pack of campaign reporters. The FBI has sought to avoid drawing attention to its probe by bringing in witnesses in secret. That strategy has been successful, as reports of the meetings have only come out after they were held.

Past interviews with Clinton probe witnesses have reportedly been conducted by FBI agents, lawyers with the Justice Department’s National Security division and prosecutors from the U.S. Attorney’s Office in Alexandria, Va.

Day After Benghazi PDB, Obama Did not Take

  

Barack Obama skipped his daily intelligence briefing one day after the Benghazi attacks on September 11, 2012. The president’s briefer handed a written copy of the presidential daily briefing to a White House usher and then briefed Jack Lew, who was then serving as White House chief of staff. But Obama, who sometimes avails himself of the oral briefing that is offered along the written intelligence product, did not ask for such a briefing the day after the attacks on U.S. facilities in Libya. TWS

Below is the testimony, including citations and redactions:

THE SEPTEMBER 12 SITUATION REPORT AND THE PRESIDENT’S DAILY BRIEF

The very first written piece produced by CIA analysts regarding the Benghazi attacks was an overnight Situation Report written very early in the morning on September 12, 2012. This piece included the line “the presence of armed assailants from the outset suggests this was an intentional assault and not the escalation of a peaceful protest.” While that line was correct—the attacks were an intentional assault and not the escalation of a peaceful protest—Michael Morell, Deputy Director, Central Intelligence Agency, noted it was a “crucial error that [came] back to haunt [the CIA].”1 This was an error, according to Morell, because that line was not written by analysts but rather a “senior editor” who “believed there needed to be some sort of bottom line” in the piece.2 Morell labeled it a “bureaucratic screw-up” and claims that since similar language did not appear in the CIA assessment the following day, September 13, it was evidence to critics that “the intelligence community was politicizing the analysis.”3

1 MICHAEL MORELL, THE GREAT WAR OF OUR TIME: THE CIA’S FIGHT AGAINST TERRORISM—FROM AL-QAIDA TO ISIS 217 (2015) [hereinafterMORELL].

2 Testimony of Michael Morell, Deputy Dir., Central Intelligence Agency, Tr. at 25 (Sept. 28, 2015) [hereinafter Morell Testimony].

3 MORELL, supra note 1, at 218.

4 Morell Testimony at 28.

Though Morell learned this information second-hand4 and put it in his book, the Select Committee spoke directly to individuals with first-hand accounting of the events. In reality, the “senior editor” was the Executive Coordinator of the Presidential Daily Brief; she included the language about the intentional assault and not the escalation of a peaceful protest; and this “bureaucratic screw-up” resulted in this individual taking the piece to the White House, presenting it to Jacob Lew, Chief of Staff to the President, and delivering it to an usher to give to the President.

H-2

Insertion of the Language

The Executive Coordinator described to the Committee when she first saw the September 12 update:

A: So the analysts came in to brief me—I don’t remember what time that was, but my guess is probably somewhere between 3 and 4. And the piece that he gave to me was much longer than this.

And we had a difference of opinion on one piece of the intelligence. He believed that this was a spontaneous event and was not open to the idea that it wasn’t a spontaneous event. And I disagreed because, you know, I had 20 years of Army experience. You know, this is the military person in me. And I said, I just can’t buy that something that’s, you know, this coordinated, this organized, and this sophisticated was something that they just, you know, did on, you know, the spur of the moment. I said, we have to consider the fact that that might not be the case.

He had a lot of good arguments. You know, it was the anniversary of 9/11, there was the video in Cairo, there were a number of other things happening that, you know, would seem to suggest that it was spontaneous. But just being military and seeing, you know, what we were seeing in the traffic, I was like, I don’t think that this is—I don’t think we can discount the possibility that this was a, you know, coordinated, organized, preplanned attack.

Q: When you say when you were seeing what you were seeing in the traffic, what does that mean?

A: So the things they were talking about, how organized that it was, in the press reporting. There was a lot of press that was coming back and talking about, you know, like, how they were breaching and, you know, like, how it was sort of phased, right? It was coming across to me, reading, you know, the open press at the time, that this was a phased attack. And I would be very surprised if a phased attack was something that was just, all of a sudden, you know, “Hey, guess what? Let’s go have an attack today because these other things are happening.” I don’t think

H-3

H-4

According to the manager of the analysts, none of her analysts believed the sentence regarding an intentional assault should have been included. The manager testified:

A: And so the POTUS coordinator inserted this sentence because she felt strongly that it was an intentional assault against our consulate.

Q: And—

A: But there was no—nothing to base that on, no reporting.

Q: And that view is the view of that single editor. Is that right?

A: Yes.

Q: Was there anyone—any of the analysts on your team that thought that sentence should have been included?

A: No.

Q: And the reason your team and your analysts felt so strongly was because there was no reporting to support that. Is that correct?

A: Correct. We just—you can’t make a call without an evidentiary base to support it.8

8 Id. at 100-101.

However, without solid evidence pointing in either direction—spontaneous or not—the Executive Coordinator was sure to be careful with her language. She merely wanted to leave open the possibility that it was an intentional assault and the language she chose reflected that possibility—not a conclusion. She told the Committee:

Q: —your choice of the word “suggests,” is that to couch it—

A: Yes.

Q: —to say that this may have happened, as opposed to it definitively happened?

A: Correct.

H-5

Q: Okay. And was that a deliberate —

A: It was leaving the door open that this is what it suggests, but that doesn’t mean this is what it is.9

9 PDB Testimony at 37.

10 Id. at 29.

11 Id. at 26.

The analysts and the Executive Coordinator were not able to reach a consensus on the language in the piece. The analysts, who had went up to the 7th Floor of the CIA headquarters to brief the Executive Coordinator on the piece, returned to their desks. The Executive Coordinator testified:

Q: Okay. And was there a resolution between you and him—

A: Not really.

Q: —on how to proceed?

A: No.

Q: No. Okay. So how did your conversation or interactions with him end?

A: I told him I would think about, you know, what he had said. And I said, you know, I will to talk to somebody.10

The Executive Coordinator, however, did not make the decision to include the language of an intentional assault on her own, and she did not do it in a vacuum based solely on her experience. Members of her staff, which numbered roughly 15, talked with individuals outside CIA headquarters about what was going on. She told the Committee:

Q: In terms of picking up the phone and calling anybody outside of the building, is that something you did to acquire information?

A: We did. Yes.11

She also discussed the matter with another analyst who had expertise in regional issues. The Executive Coordinator testified:

We had—I was very lucky because we had another—we had a MENA analyst that was a PDB briefer. She was the, I want to

H-6

say, the SecDef briefer. And so I went over and I talked to her and I said, “Hey, this is what the analyst says. Here’s my opinion. You know, what are your thoughts, having covered this area, you know, pretty extensively in your career?” And she agreed with me.

We discussed it, we had a conversation about it and—you know. And so I made the decision to change the wording to make sure that we at least addressed the possibility that this was a planned attack.12

12 Id. at 29.

13 Testimony of Dir. of the Office of Terrorism Analysis, Central Intelligence Agency, Tr. at 23 {Nov. 13, 2015) [hereinafter OTA Director Testimony].

She also testified:

A: There was a lot of discourse about this at the PDB. I mean, the other PDB briefers and I, that’s the only resource I have at the time. And I never would make an assessment all on my own and just be like, this is it. I mean, we would do—

Q: I understand.

A: We talk about it, we’re sounding boards for each other. So there was a lot of discussion. And, yes, I’m sure that the supervisor of the young man who wrote this, we had that conversation. Like, are you sure that this is what you want to say. And yes, when I wrote this, I didn’t feel like I was saying you’re wrong and I’m right. All I was trying to do was say, look, we need to leave the door open in case this is not a spontaneous attack. We want to be able to wait until there’s more information, and so that’s why I use the word “suggests.” I didn’t say this is an intentional assault. It suggests that it is.

The manager of the analysts who disagreed with the Executive Coordinator, however, concedes that the Executive Coordinator was right with her analysis. She testified:

Q: And she was right?

A: In the event, yes, she was right.13

H-7

Similarly, Michael Morell concedes the sentence was accurate. He testified:

Q: So the sentence ended up being accurate?

A: Yeah. Absolutely.14

14 Morell Testimony at 25.

15 PDB Testimony at 41.

16 Id. at 6.

17 Id. at 41.

The President’s Daily Brief

When the Executive Coordinator finished inserting the accurate sentence regarding the “intentional assault and not the escalation of a peaceful protest” into the September 12 piece, she put it into the “book” she prepared each day for the President and his Chief of Staff.15 This “book” is otherwise known as the President’s Daily Brief, or the PDB.

Normally, upon completion of the PDB, the Executive Coordinator would travel to the White House, brief the Chief of Staff, and if the President required a briefing, she would brief the President. She testified:

So during the weeks that I produced the PDB, I would produce it, and then they would drive me to the White House, and I would produce—or I would brief Jack Lew first, who was the Chief of Staff. And if the President required a brief during that day or chose to take a brief, then I would give him a brief, and if not, then his briefer—then the DNI would brief him.

When we were on travel, I always briefed the President. That was my responsibility whenever we would fly.16

On September 12, 2012, the morning after the Benghazi attacks, the Executive Coordinator—the individual presenting the President with his Presidential Daily Brief—traveled to the White House. That day, however, she did not present the PDB to the President.17 Instead, she gave it to an usher. She testified she presented the PDB—with the accurate sentence regarding the “intentional assault and not the escalation of a peaceful protest”—to Lew:

A: So it depends. If we’re traveling, then I present it to the President personally. And if he has questions—usually the only questions he usually asks—

H-8

Lawyer. We’re not going to talk about what the President said or your conversations with him.

A: Okay. So if we’re in town and we’re not traveling then I bring it to the White House, and I personally brief Jack Lew. And I hand the President’s book to the usher, and the usher presents it to the President.

Q: So normally in Washington, when you’re here in town, you’re not sitting across from the President, him looking at the book, and he may be asking you questions?

A: No.

Q: How did it happen on the 12th that day?

A: I was here. So we were not traveling yet. We were in D.C. So I would have—I had a driver, and the driver drives me to the White House. I drop off the book first with the usher and then I go down and I brief Jack Lew.

Q: Okay. And what time was that on the 12th?

A: So we always arrive by 7:00, and so it would’ve been around 7:00. I mean, I’m assuming around 7:00.

Q: So that day at 7:00, the booklet that has been put together, you take it to the White House, you visit with Jack Lew and then someone walked it into—

A: No. First we give the brief to the usher. So my driver drops me off at the front gate. I go through—

Q: You actually physically hand the document—or the material.

A: Yeah, I physically hand the material to the usher and then I walk back down with my briefcase and go see Jack Lew and wait for him and then I brief him.

Q: Okay. And with Mr. Lew, did you talk about this SITREP?

Lawyer: We’re not going to discuss what specific information was provided to any White House staff in any PDB.

H-9

Q: But you did talk with Mr. Lew that day?

A: I did.18

18 Id. at 66-67.

19 Morell Testimony at 25.

20 Team Chief Testimony at 30-31.

Fallout

Morell labeled the insertion of the language by the Executive Coordinator a “bureaucratic screw-up.” This language made it into a piece that was put in the President’s Daily Brief, which was briefed to Lew, and possibly shared with the President. Such a “bureaucratic screw-up,” therefore, has far reaching implications if it occurs with any regularity.

Michael Morell told the Committee that what occurred was a “big no-no.” He testified:

She was, I’m told, a long-time military analyst with some expertise in military matters, no expertise in North Africa and no expertise in this particular incident. She added that, right? That’s a no-no, that’s a no-no in the review process business.19

The manager of the analysts who disagreed with the Executive Coordinator called what occurred an analytic “cardinal sin.” She testified:

What she did was, frankly, in the analytic world, kind of a cardinal sin. I mean, the job of the POTUS coordinator—so we had the two analysts stay overnight. Their job is to copy edit these things and make sure that if there is some analysis in there, that the evidentiary techs sort of hang together; that it actually makes sense because it does go to the—it’s a big deal. I mean, it goes to very senior policymakers. So–20

The OTA Director also said that what occurred was a problem:

Q: Okay. Is that a problem that the senior DNI editor had the final sign-off on this as opposed to the analysts, and that person is inserting something in there that the analysts adamantly disagree with?

H-10

A: In my personal view, yes.21

21 OTA Director Testimony at 43.

22 Morell Testimony at 25-26.

23 Team Chief Testimony at 30-31.

Despite this “bureaucratic screw-up”—which occurred in relation to the Benghazi attacks, one of the few, if only, times in history outside scrutiny has ever been applied to the PDB process—Morell and others at the CIA told the Committee this occurs infrequently. Morell testified:

Q: So from my perspective, I’m very new to this arena, it seems like it’s a problem that you have these rigorous processes in place, and on this particular occasion a piece is going before the President and somebody inserts a sentence that substantively changes the meaning of a bullet point without any additional review by the analysts who wrote the piece.

A: Yes. You’re absolutely right.

Q: That’s a problem in your eyes as well?

A: Yes.

Q: And how often does something like that occur?

A: Not very. You know, in my experience, one or twice a year.22

The manager of the analysts who disagreed with the Executive Coordinator testified:

Q: Is that something that in your 8 years prior you had ever seen or heard of happening?

A: No.23

She also testified:

A: Oh, I’m sure I did, yeah. I mean, it was unheard of and it hasn’t happened since.

Q: Okay.

A: It’s a big deal.24

H-11

24 Team Chief Testimony at 35-36.

25 Morell Testimony at 26.

26 Id. at 27.

Morell, himself once the head of the PDB staff, told the Committee how he would have responded if a senior editor had made such a substantive edit over the objections of the analysts:

A: And this—you know, I ran—I’ve ran the PDB staff, right, as part of the jobs I had. I would have reprimanded, orally reprimanded, not in a formal sense, right—

Q: Sure.

A: —called this person in my office and said, you know, what happened? And if it turned out to be exactly what I just explained to you, I would have said, don’t ever do that again.25

Morell also suggested how to ensure such a “bureaucratic screw-up” doesn’t happen in the future. He told the Committee:

Q: Is there any way to prevent these types of insertions by senior reviewers in the future?

A: Well, I said, it doesn’t happen very often, right.

Q: But it happened in this case, though.

A: So it’s not a huge problem, right, it doesn’t happen very often. The way you prevent it is twofold, right? You make it very clear when somebody shows up to the PDB staff what their responsibilities are and what their responsibilities are not, you’re not the analyst. And, two, when something—when something does happen, even something very minor, right, you make it very clear then that they overstepped their bounds. That’s how you prevent it.26

The Executive Coordinator, however, has a different point of view than Morell, the OTA Director, and the manager of the analysts. She did not view this as a “bureaucratic screw-up” at all, but rather exactly the job she was supposed to be doing. She acknowledged the disagreement with the analysts the night of the Benghazi attacks, testifying:

Q: Okay. And I know we talked about it, but how unusual, I

H-12

guess, was this disagreement, this type of disagreement?

A: It was pretty unusual. Most of the time, we were able to, you know, just sort of agree on language, and they’ll gave you a face like, “Okay,” they’ll roll their eyes, they’ll be like, “All right, you know, that’s not as strong of language as I would like.” But, you know, a lot of times, you know, we soften the language because we just don’t know for sure. So, you know, we’ll change from, you know, “believe with high confidence” to—I’m like, do you really believe with high confidence, or do you really think that’s maybe medium confidence?

And I sort of saw my role as, you know, like, a mentor because I’d been in intelligence for 20 years. So a lot of times, you know, I would tell the analysts, you know, this is good tradecraft, but it will be better analysis if you take into consideration these things which you may or may not have considered.27

27 PDB Testimony at 38.

28 Id. at 31.

However, the fact that she inserted language into the piece was not a “no-no” or a “cardinal sin,” but rather something that was ultimately her decision, not the analysts’. This directly contradicts what Morell said about the Executive Coordinator overstepping her bounds. She testified:

But I do know that, you know, when I talked to [senior CIA official], you know, in the interview process and also, you know, subsequent to that, he basically said that you’re the PDB briefer, you are the last, you know, line of defense and, you know, it’s your call. So if there’s something in there that, you know, bothers you, you know, coordinate it out, and then if you can’t come to an agreement, it’s your, you know, responsibility. So I did not take that lightly.28

Since it was a responsibility she did not take lightly, she only modified such language when there was ample evidence to support it. She told the Committee:

But yes. I mean, we don’t—I rarely ever—in fact, I can’t remember any time that I’ve ever made, you know, a call just based on press reporting, so I’m sure there was other

H-13

H-14

A: Yeah.

Q: There was discussion. It seemed to be—the consensus was that it was the right call.

A: Yes.

Q: Okay. The consensus by those at the roundtable.

A: At the roundtable, yes.31

31 Id. at 43-44.

32 Id. at 42.

33 OTA Director Testimony at 43.

One of the briefers at the roundtable was an analyst who came from the Middle East and North African desk at the CIA, and was a colleague of the analysts who disagreed with the Executive Coordinator the night of the attack.32

The testimony received by the Committee on this topic presents a dichotomy between two parties. On the one hand, CIA personnel present a picture that what occurred was a major error and breach of protocol. On the other hand, the Executive Coordinator, who works for ODNI, testified she was told when she took the job that she had the final call on language in analytic pieces, though changing substantive language was something exercised judiciously. Since the Benghazi attacks, the analysts have been instructed to stay with the PDB editors until the final piece is with the ODNI official.33 Given how the situation unfolded early in the morning of September 12, 2012, it is unclear how this new guidance would have altered that particular outcome.

Two of the first pieces produced by the CIA analysts in the wake of the Benghazi attacks contained errors either in process or substance. Both of these pieces became part of the President’s Daily Brief. While the Committee only examined intelligence pieces regarding the Benghazi attacks, discovering errors in two pieces—on successive days, on one single topic—that became part of the President’s Daily Brief is extremely problematic for what should be an airtight process. Whether these errors are simply a coincidence or part of a larger systemic issue is unknown. The September 12 piece, along with the egregious editing and sourcing errors surrounding the September 13 WIRe, discussed in detail above,

H-15

raise major analytic tradecraft issues that require serious examination but are beyond the purview of this Committee.