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.

 

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.”

The 2 Emails that Jumped the Hillary Server Investigation

They destroyed the Blackberry Phones…what????

WashingtonTimes: The State Department destroyed the BlackBerry devices issued to two top aides of former Secretary Hillary Rodham Clinton and never issued Mrs. Clinton a device at all, officials told a federal court Wednesday in a filing that raises still more security questions.

The filing came a day before officials will have to appear in court to detail the steps they took to try to track down Mrs. Clinton’s emails, and whatever computers or other devices she may have used to send them. For sure keep reading here.

If you don’t think Trey Gowdy of the Benghazi Investigation group in Congress is not on top of things, then you need to think again. Further, it must be noted, the co-chairman of the Benghazi Commission serving with Gowdy is Elijah Cumming of Maryland and to date, he has done nothing but obstruct the investigations.

Classified emails from Clinton aides kick-started FBI probe, candidate downplays controversy

FNC:

EXCLUSIVE: An email from a top Clinton adviser containing classified military intelligence information, and one from a top aide containing classified information about the Benghazi terror attack, were the documents that kick-started the FBI investigation into the mishandling of classified information, Fox News has learned.

The emails, among thousands on Hillary Clinton’s personal server, were released to the Benghazi select committee in May and have been widely discussed but Fox News for the first time has identified which Clinton aides sent them and the subject matter.

The revelation came as the Democratic presidential candidate and former secretary of state tried to brush aside the burgeoning scandal, joking at a campaign event when asked by Fox News whether she had wiped her private server clean, “What, with like with a cloth or something? I don’t know how it works at all.”

Clinton last week handed the FBI her private server, which she used to send, receive and store emails during her four years as secretary of state.

Fox News has identified two of the Benghazi-related emails on the server that were deemed to contain classified information at the time they were sent.

The first was forwarded by Clinton adviser Huma Abedin and contained classified material from military intelligence sources. The 2011 email forwards a warning about how then-Ambassador Chris Stevens was “considering departure from Benghazi” amid deteriorating conditions in a nearby city. The email was mistakenly released by the State Department in full, and is now considered declassified.

New details raise concerns over security of Hillary’s server
The second was sent by Clinton aide Jake Sullivan and contained classified information as well as sensitive law enforcement information on Benghazi. The partly redacted November 2012 email detailed how Libyan police had arrested “several people” with potential connections to the terror attack.

Abedin and Sullivan now work for the Clinton presidential campaign. A spokeswoman for the intelligence community inspector general confirmed to Fox News that the information was classified at the time it was sent.

But Clinton campaign spokesman Brian Fallon says the information was not classified at the time the emails were sent. In maintaining this position, the campaign pointed to the fact that the State Department shared this judgment, as the Abedin email was released in full by the State Department on its FOIA website. The campaign spokesman acknowledged there is disagreement with the intelligence community inspector general.

A State Department spokesman said they shared Fallon’s stance.

The emails are now just a fraction of those under review by the intelligence community. On Tuesday, while Clinton joked about her server’s apparently missing contents, Fox News has learned the FBI is aggressively trying to recover the data.

An intelligence source familiar with the review told Fox News that FBI investigators are confident they may be able to recover some of the deleted files, a detail first reported by NBC News.

Yet at the contentious press conference on Tuesday, Clinton insisted anything she did with her email server was “legally permitted.”

In the press conference following a Las Vegas town hall meeting Tuesday, Fox News’ Ed Henry pressed the Democratic presidential candidate by pointing out that leadership is about taking responsibility.

“Look, Ed, I take responsibility,” Clinton replied. “In retrospect, this didn’t turn out to be convenient at all and I regret that this has become such a cause celebre. But that does not change the facts. The facts are stubborn — what I did was legally permitted.”

The FBI is holding Clinton’s server in protective custody after the intelligence community’s inspector general raised concerns recently that classified information had traversed the system.

Clinton told reporters she was “very comfortable that this will eventually get resolved and the American people will have plenty of time to figure it out.”

When asked whether she oversaw the process to wipe the server clean, Clinton said, “my personal emails are my personal business. Right? We went through a painstaking process and through 55,000 pages we thought could be worth relating,” she continued. “Under the law, that decision is made by the official. I was the official. I made those decisions.”

As she departed the room, a reporter asked whether the email scandal will ever end, Clinton turned to reporters shrugged and said, “Nobody talks to me about it other than you guys.”

Fox News’ Ed Henry and The Associated Press contributed to this report.

*** There is a history of Obama giving a pass to those in his administration when it comes to violating law and controlling classified material. There are some names missing in the story below such as Thomas Drake at the NSA but, you are encouraged to read the summary here and consider if the Obama White House will in the end give Hillary ‘executive privilege’ much as he did with Eric Holder over Fast and Furious. My vote is yes.