The Letter: Declassified but Somewhat Redacted

ODNI & DOJ Announce the Release of a Previously Classified Letter from Former Deputy Assistant Attorney General Yoo to former FISC Presiding Judge Kollar-Kotelly

February 29, 2016

The Letter

ODNI: The Department of Justice has released today in redacted form a previously classified 2002 letter from former Deputy Assistant Attorney General John Yoo of the DOJ Office of Legal Counsel addressed to former Foreign Intelligence Surveillance Court Presiding Judge, Colleen Kollar-Kotelly.

The letter was designed to address certain questions that Judge Kollar-Kotelly raised during her first briefing on May 17, 2002, concerning certain collection activities authorized by President George W. Bush shortly after the attacks of September 11, 2001, referred to as the President’s Surveillance Program.  As described in the publicly released Inspectors General reports concerning the PSP dated July 10, 2009 (published April 25, 2015 and September 21, 2015), Judge Kollar-Kotelly was permitted to read the letter, but was not authorized to retain a copy or take notes. The 2002 letter purports to generally outline the scope of the President’s legal authority to conduct possible electronic surveillance techniques after the attacks of September 11, 2001. Beginning in 2004, the Department of Justice thoroughly reexamined the factual underpinnings and legal analysis for the PSP culminating in a legal opinion issued by the Office of Legal Counsel on May 6, 2004. (That opinion is also publicly available in redacted form)

Additional Background

As previously released in the IC on the Record posting of December 21, 2013, President Bush authorized the NSA, via a series of classified authorizations beginning in October 2001, to collect three “baskets” of information, including: (1) the contents of certain international communications (which was later referred to as the Terrorist Surveillance Program); and the bulk collection of non-content (2) telephony and (3) Internet metadata, subject to various conditions. NSA’s content interception activities under the TSP were limited to the acquisition of specific international communication (i.e., to or from the United States) involving persons reasonably believed to be associated with al Qaeda and affiliated terrorist organizations. Over time, these presidentially-authorized activities were transitioned to the authority of the Foreign Intelligence Surveillance Act. The collection of communications pursuant to the TSP ended in 2007, and the Government transitioned this collection to be undertaken pursuant to FISA authority and orders of the Foreign Intelligence Surveillance Court. Later, in August 2007, Congress enacted the Protect America Act as temporary authority to provide for the acquisition of certain communication content. The PAA, which expired in February 2008, was replaced by the FISA Amendments Act of 2008, which was enacted in July 2008 and remains in effect.

Today, content collection targeting non-U.S. persons reasonably believed to be located overseas for foreign intelligence purposes is conducted pursuant to section 702 of FISA.  No U.S. person or person located in the United States may be intentionally targeted pursuant to section 702. The bulk collection of Internet metadata under the PSP was transitioned to the authority of the FISA in July 2004 (and ceased in December 2011, when the U.S. Government decided to not seek reauthorization from the FISC).The bulk collection of telephony metadata under the PSP was transitioned to the authority of the FISA in May 2006. In November 2015, the USA FREEDOM Act ended the NSA’s collection of telephone metadata in bulk, and provided a new mechanism for the Government to obtain the targeted production of call detail records relating to authorized investigations to protect against international terrorism through applications to the FISC.

The transition of PSP activities to authority of the FISA is described in greater and more specific detail in documents previously disclosed in IC on the Record.

***

As noted by the Bush White House Archives:

Fact Sheet: President Bush Has Kept America Safe

President Bush Fundamentally Reshaped Our Strategy To Protect The American People

“Because of … the efforts of many across all levels of government, we have not suffered another attack on our soil since September the 11th, 2001.”

President George W. Bush (March 8, 2008)

On December 17, President Bush visited the Army War College in Carlisle, Pennsylvania, and discussed efforts to protect the security and liberty of the American people.  Following the attacks of September 11, 2001, President Bush took the fight to the enemy to defeat the terrorists and protect America.  The President deployed all elements of national power to combat terrorism, which had previously been considered primarily a “law enforcement” issue.  He transformed our military and strengthened our national security institutions to wage the War on Terror and secure our homeland.  The President also made missile defense operational and advanced counterproliferation efforts to help prevent our enemies from threatening us, and our allies, with weapons of mass destruction.

Secured the Homeland 

  • Protected our Nation and prevented another attack on U.S. soil for more than seven years, modernized our national security institutions and tools of war, and bolstered our homeland security.  Under the President’s watch, numerous terrorist attacks have been prevented in the United States.  These include:
    • An attempt to bomb fuel tanks at JFK airport;
    • A plot to blow up airliners bound for the East Coast;
    • A plan to destroy the tallest skyscraper in Los Angeles;
    • A plot by six al Qaeda inspired individuals to kill soldiers at Fort Dix Army Base in New Jersey;
    • A plan to attack a Chicago-area shopping mall using grenades; and
    • A plot to attack the Sears Tower in Chicago.
  • Arrested and convicted more than two dozen terrorists and their supporters in America since 9/11.
  • Froze the financial assets in the United States of hundreds of individuals and entities linked to terrorism and proliferation.
  • Doubled the Border Patrol to more than 18,000 agents, equipped the Border Patrol with better technology and new infrastructure, and effectively ended the process of catch and release at the border.  Increased border security and immigration enforcement funding by more than 160 percent and constructed hundreds of miles of fencing and vehicle barriers.
  • Instituted a process to screen every commercial air passenger in the country, launched credentialing initiatives to better identify passengers, and expanded the Federal Air Marshal Program.  Replaced the multiple watchlists that were in place prior to 9/11 with a single, consolidated watchlist, and incorporated biometrics in screening and identifying individuals entering our country.  Created US-VISIT to screen foreign travelers and prevent terrorists from entering America.  Required secure identification at our ports of entry to better monitor individuals entering the United States.
  • Invested more than $38 billion in public health and medical systems, created a biothreat air monitoring system, and developed a national strategy and international partnership on avian and pandemic flu.
‘History – assuming it is written by free men and women not intimidated into silence by the fear of attracting the terrorists’ notice – will be exceedingly kind to this president.’

The Atlanta Journal-Constitution (Sept. 16, 2007)

Waged the Global War on Terror

  • Removed the Taliban from power and brought freedom to the 25 million people of Afghanistan.
  • Freed 25 million Iraqis from the rule of Saddam Hussein, a dictator who murdered his own people, invaded his neighbors, and repeatedly defied United Nations resolutions.
  • Captured or killed hundreds of al Qaeda leaders and operatives in more than two dozen countries with the help of partner nations.  September 11 mastermind Khalid Sheikh Mohammed is in U.S. custody and Abu Musab al-Zarqawi, the former leader of al-Qaeda in Iraq, was killed in 2006.  Removed al Qaeda’s safe-haven in Afghanistan and crippled al Qaeda in Iraq, including defeating al Qaeda in its former stronghold of Anbar Province.

Transformed Our Approach to Combating Terrorism After the 9/11 Attacks

  • Increased the size of our ground forces and number of unmanned aerial vehicles and strengthened special operations forces by increasing resources, manpower, and capabilities.  Increased the Defense Department’s base budget more than 70 percent since 2001, including increased funding for military pay and benefits, research, and development.  Started moving American forces from Cold War garrisons in Europe and Asia so they can deploy more quickly to any region of the world.  Modernized and transformed the National Guard from a strategic reserve to an operational reserve.
  • Forged a new, comprehensive cybersecurity policy to improve the security of Federal government and military computer systems and made protecting these systems a national priority.
  • Improved cargo screening and security at U.S. ports and increased containerized cargo screening overseas.
  • Established a more unified, collaborative intelligence community under the leadership of a Director of National Intelligence to ensure information is shared among intelligence and law enforcement professionals so they have the information they need to protect the American people while respecting the legal rights of all U.S. persons, including freedoms, civil liberties, and privacy rights guaranteed by Federal law.
  • Consolidated 22 agencies and 180,000 employees under a new agency, the Department of Homeland Security, to foster a comprehensive, coordinated approach to protecting our country.
  • Advocated for and signed into law the USA PATRIOT Act, the Intelligence Reform and Terrorism Prevention Act, and a modernization of the Foreign Intelligence Surveillance Act.
  • Shifted the FBI’s focus from investigating terrorist attacks to preventing them.  Created the National Security Branch at the FBI, which combines the FBI’s counterterrorism, counterintelligence, intelligence, and weapons of mass destruction (WMD) elements under the leadership of a senior FBI official.
  • Created the Terrorist Screening Center and the National Security Division at the Department of Justice.

Invigorated International Alliances And Partnerships To Make America Safer And More Secure

  • Partnered with nations in Europe, the Middle East, Asia, Africa, and the Western Hemisphere on intelligence sharing and law enforcement coordination to break up terrorist networks and bring terrorists to justice.
  • Transformed NATO to face 21st century threats, including strengthening the Alliance’s capabilities against WMD and cyber attacks, while leading the international military effort in Afghanistan.
  • Established the Proliferation Security Initiative (PSI) and other multilateral coalitions to stop WMD proliferation and strengthen our ability to locate and secure nuclear and radiological materials around the world.  Dismantled and prevented the reconstitution of the A.Q. Khan proliferation network, an extensive, international network that had spread sensitive nuclear technology and capability to Iran, Libya, and North Korea.
  • Worked with European partners to limit Iran’s ability to develop weapons of mass destruction and ballistic missiles and finance terrorism, and initiated targeted sanctions against Iran’s Quds Force.  Gathered support for and won passage of three Chapter VII United Nations Security Council resolutions that impose sanctions on Iran and require it to suspend its uranium enrichment and other proliferation-sensitive nuclear activities.
  • Established the Six Party Talks framework in partnership with China, South Korea, Japan, and Russia.  Obtained a commitment from North Korea to abandon all nuclear weapons and existing nuclear programs.  Since November 2007, USG experts have supervised North Korea’s activities to disable its plutonium production capability.
  • Persuaded Libya to disclose and dismantle all aspects of its WMD and advanced missile programs, renounce terrorism, and accept responsibility for prior acts of terror.  Normalized our relations with Libya as a result.
  • Signed agreements for missile defense sites in the Czech Republic and Poland to help protect America and its allies from the threat of WMD delivered by ballistic missiles.  Obtained NATO endorsement of plans to deploy missile defense assets in Europe.

Iran Denies U.S. Travel Visas

Oh, but wait to whom exactly? Investors? Nah…to members of Congress…..uh huh But we normalized relations right?

Iran Denies Travel Visas to U.S. Lawmakers

FreeBeacon: Iran has denied travel documents to three U.S. lawmakers who sought to observe the country’s Friday elections and ensure that they were carried out fairly, according to information provided to the Washington Free Beacon.

The Iranian regime delayed for weeks and ultimately ignored multiple visa requests by three House lawmakers who sought permission to travel to the country in order to monitor the elections held last Friday. Observers say the elections ushered in another crop of hardline, anti-American officials.

The congressmen, including Reps. Mike Pompeo (R., Kan.), Lee Zeldin (R., N.Y.), and Frank LoBiondo (R., N.J.), personally delivered their visa applications to the Iranian Interests Section of the Pakistani embassy in Washington, D.C., several weeks ago.

The lawmakers sought to observe the recent elections, as well as visit the country’s nuclear sites and meet with American hostages currently being held in Iran. While at the embassy, they provided Iranian diplomats with a list of their priorities for the visit.

The Iranian government failed to respond to these requests despite assurances from officials that the matter would be dealt with in a timely fashion. Iran has yet to explain why it did not respond to the congressmen.

Pompeo and the other lawmakers said Iran’s behavior indicates that it has something to hide from the United States and that the country cannot be trusted to uphold promises made under the recent nuclear agreement. They also criticized the Obama administration for not advocating on their behalf.

“Our straightforward and sincere visa applications have been met with mockery and delay from Iran, revealing this regime’s desire to hide from the American public,” Pompeo, a member of the House Permanent Select Committee of Intelligence, told the Free Beacon on Monday. “I am hopeful that the next U.S. president will critically examine the utility of President Obama’s nuclear deal and put America’s interests ahead of political legacy.”

Pompeo further described Friday’s election in Iran as a “sham” that served to enable the country’s hardline government.

“Because the fanatical Ayatollah holds ultimate power, February 26 was more of a selection of the next group of radicals by the current radicals, than a true election by the people,” he said. “Iranian state television has declared a national victory for the hardliners—politicians who declared that Israelis ‘aren’t human’ and who called for the execution of the pro-democracy Green Movement leaders were selected.”

Early election results indicate the hardliner candidates dominated the election, in part because most moderates were disqualified from participating in advance.

Iran’s Guardian Council, which is controlled by the Supreme Leader, is believed to have disqualified around 60 percent of the potential candidates, including around 99 percent of those viewed as reformists.

“The bulk of the disqualified candidates represent comparatively pragmatic elements of the ruling elite,” Saeed Ghasseminejad, an Iran expert at the Foundation for Defense of Democracies, explained in a policy briefing last week. “On the other hand, most of the approved contenders are radical revolutionaries—devotees of the supreme leader with close ties to the Islamic Revolutionary Guard Corps (IRGC). It is mathematically impossible for the less-hardline factions to win at the ballot box.”

“As a result, those supposed ‘moderates’ who were approved have been forced to round off their party lists with hardline candidates,” Ghasseminejad said.

LoBiondo and Zelden said that Iran’s refusal to grant them travel documents is a sign that the country is not seeking to boost ties with the U.S. as a result of the nuclear deal.

“In this supposed ‘new era of openness and cooperation,’ it is disappointing—but not surprising—that our request to visit Iran and monitor these elections was met with a closed door,” said LoBiondo, chair of the House’s CIA subcommittee.

“Furthermore, with the implementation of the nuclear deal and with Americans still detained in Tehran, it is perplexing why the Obama administration refuses to advocate on behalf of our official Congressional visit to Iran on such critical national security issues.”

“It’s unfortunate that Iran has not yet granted our request for visas to observe Iran’s election and for other productive purposes. The American people and rest of the free world still deserve first hand confirmation of what present day reality is in Iran. I look forward to Iran showing that it is a partner in peace by issuing our visas so that we can meet with Iranian leadership, visit nuclear sites, and meet with American hostages,” said Zeldin, a member of the House Foreign Affairs Committee.

*** Western corporations have been doing business in Iran for decades despite sanctions, especially so since 2013;

US-listed companies doing business in Iran: $540 million in revenue and counting

QZ: Economic sanctions on Iran have been getting tougher in recent years, and the United States tightened the screws a little more last summer with the Iran Threat Reduction and Syria Human Rights Act (PDF).
One unusual aspect of that law is that it started requiring companies traded on US stock exchanges to disclose more about the business they’re doing with Iran, and the Securities and Exchange Commission created the clunkily named IRANNOTICE filing to help them do it.
Companies were already beginning to disclose more about their ties to Iran, Syria, Cuba and other countries non grata (at least in US eyes) under pressure from the SEC. Now they must be systematic about it—and disclose gross revenue and net profits wherever possible.
Quartz’s partial tally: more than $540 million in gross revenue and $15.5 million in profits for US-listed companies from their business with Iran in 2012—and that’s just from 30 or so large companies that have made the disclosures since mid-February.
The numbers underscore the difficulty of maintaining tight sanctions in a global economy. But they also hide a lot of nuance and variation.
Companies based outside the US accounted for 99% of the revenue and three-quarters of the profit. (They made the disclosures because they list shares or American Depository Receipts on US markets.)
In fact, a big chunk of the total came from one company: $414 million in revenue for Statoil ASA, the Norwegian oil and gas company, from Statoil’s contracts with the National Iranian Oil Co.
Statoil also said it has terminated its agreements with Iran, abandoned it licenses there, and “will not make any investments in Iran under present circumstances.”
That’s a common refrain in the disclosures we saw: Many, though not all, of the disclosed transactions reflected companies wrapping up old business en route to cutting most or all ties with the Islamic republic. Typically, the transactions hadn’t been prohibited before the new rules kicked in.
Among the other noteworthy disclosures:
ING Groep said it collected €58 million in revenue and €395,000 in profits from repayment of old loans and a collection of frozen Iranian bank accounts. (Of course, in June, ING also settled allegations by the US Treasury and federal prosecutors that it hid transactions with Cuba and helped finance some sales to Iran, by agreeing to pay $619 million in penalties. It if keeps its nose clean for 18 months, the prosecutors will drop their charges.)
The biggest disclosure by a US company came from auto-parts maker TRW Automotive Holdings, which said it collected $8.3 million in revenue and $377,000 in profits from non-US subsidiaries that “sold products to customers that could be affiliated with, or deemed to be acting on behalf of, the Industrial Development and Renovation Organization” — one of the Iranian entities on the federal government’s massive list.
Under broad rules defining corporate “affiliates,” TRW’s transactions forced investor Blackstone Group to file its own disclosure. And Carlyle Group disclosed that a European portfolio company, Applus Servicios Technologicos, collected €1.19 million in revenue (and €200,000 in profits) from Iranian customers “that could be affiliated with the Industrial Development and Renovation Organization.” Similarly, Hertz had to report that a French affiliate of investor Clayton, Dubilier & Rice had received €2.5 million in payments from Iranian interests to an account at Bank Melli last year. And Apollo Global Management disclosed that portfolio company LyondellBasell Industries (Apollo funds owned 19.6%) reported collecting €4.2 million in revenue and €2.4 million in profit last year from Iranian entities.
Thomson Reuters reported $2.4 million in revenue and $426,000 in profits from selling news and intellectual-property and financial data to Iran-linked entities.


Other big Iran-related disclosures included GlaxoSmithKline at £19.7 million in revenue and £2.8 million in profits, and AstraZeneca at $14 million in revenue and $6 million in profits, both through distributors. Glaxo said that, after a review of the business, it “intends to supply only products of high medical/public health need (as determined using criteria set by the World Health Organization) from its Pharmaceuticals and Vaccines businesses.” AstraZeneca says it has a US license to do some business with Iran, but so far has sold only drugs from outside the US to distributors there.
Amusingly, at least for observers, there doesn’t seem to be a lower threshold to the disclosure requirement. So Dell, the Texas computer company, disclosed a whopping £106.13 ($169.90 at the time) in revenue from Iran, collected by a United Kingdom subsidiary to Quest Software, which Dell said last year it would acquire. The fees were paid by a unit of Bank Melli, which the US government links to Iran’s nuclear and missile programs, for maintenance licenses on software that helps search email and other communications. Drafting Dell’s 374-word disclosure probably cost the company more than the licenses brought in. (Dell says it canceled the service contract and won’t do further business with Bank Melli.)
Other picayune disclosures include Hyatt Hotels, which said the Park Hyatt Hamburg collected $9,300 for 33 room nights under a preferred-rate arrangement with Europaeisch-Iranische Handelsbank, which is on the US Treasury’s Blocked Persons List. And CME Group said it received $3,150 in revenue for selling market data to Iran’s Government Trading Group and a European subsidiary of the National Iranian Oil Company.

SecDef on Gitmo and Detainees Too Dangerous

A partial closing? An Executive Order to overrule the law and Congress? There are no more enemy combatants anywhere in the world? Where would a new president send enemy combatants? What about the next Secretary of Defense?

Thoughts?

Ash Carter: There Are Gitmo Detainees so Dangerous That it Is Not Safe to Transfer Them

FreeBeacon: Defense Secretary Ash Carter told reporters on Monday there are detainees at the Guantanamo Bay military prison who are so dangerous that it would not be safe to transfer them outside the care of the United States.

Carter and President Obama have drawn up a plan to move many of the remaining 91 detainees into the custody of foreign governments. Detainees not cleared for transfer overseas—those who Carter describes as too dangerous to go elsewhere—would be moved stateside in an effort to close the detention facility.

Moving Detainees From Gitmo To U.S. Is Reckless and Dangerous

February 23, 2016

WASHINGTON, D.C. – Representative Darrell Issa (R-Ca.) issued the following statement on the President’s plan to close the detention facility at Guantanamo Bay and relocate some of the most dangerous detainees into the United States:

“President Obama is once again proving his willingness to set aside the rule of law to pursue his own reckless agenda no matter the consequences for the American people. The plan announced today would take detainees deemed too dangerous to transfer to other countries and bring them right into our own backyards. It risks the lives and safety of American citizens and it’s not what the people expect of our commander-in-chief.”

“The administration has already let nearly 150 detainees go free, only to see many of them return to terrorist groups and rejoin the fight against us. Instead of focusing on finding new homes for terrorists, the President should refocus his efforts on winning the War on Terror and bringing an end to the extremist groups seeking to do us harm.”

 

 

Carter made his comment while holding a press briefing at the Pentagon along with Joseph Dunford, the chairman of the Joint Chiefs of Staff.

A reporter asked Carter if the United States is thinking of transferring the Guantanamo Bay naval base back to the Cuban government, which he denied while drawing a distinction between the naval base and the detention facility.

“The base is separate from the detention facility,” Carter said in response. “The base is in a strategic location. We’ve had it for a long time. It’s important to us, and we intend to hold onto it.”

Carter then turned his attention to the detention center within the naval base, which he said is the specific focus of the Obama administration’ closure plan.

“With respect to the detention facility at [Guantanamo], which is what the president was speaking about last week … there are people in the Guantanamo Bay detention facility whom it is not safe to transfer to any other—they have to stay in U.S. detention,” Carter said. “Safety is the top priority for me, the chairman, and for the president.”

Carter then said that because some detainees are too dangerous to release, there needs to be an alternate facility in the U.S. for these individuals to go if Guantanamo is closed, which is at the heart of Obama’s proposal.

The Pentagon is reportedly looking at send prisoners to either the federal Supermax prison in Florence, Colo., the military prison in Leavenworth, Kansas, or the Naval Consolidated Brig in Charleston, S.C.

One problem for the administration, however, is that it is currently illegal to move Guantanamo detainees to U.S. soil. Carter said at Monday’s briefing that Congress must change the law for the closure plan to go into effect.

“[Obama’s Guantanamo plan] can’t be done unless Congress acts, which means Congress has to support the idea that it would be good to move this facility and the detainees to the United States … it’s good if it can be done, but it can’t be done under current law. The law would have to be changed. That’s the reason we would put the proposal in front of Congress,” Carter said.

This may prove difficult for the administration, as a bipartisan majority in both houses of Congress disapprove of closing Guantanamo and transferring detainees to the U.S.

Carter reaffirmed his support for the president’s plan, citing its fiscal benefits—U.S. officials say it would save the government between $65 million and $85 million per year—and benefits for U.S. military personnel charged with duty at Guantanamo. He said the plan is good “on balance” and that he does not want to pass the Guantanamo issue to the next president and Defense Secretary if possible.

The president has long maintained that Guantanamo should be closed because the detention facility is not in keeping with American values and serves as a recruiting tool for terrorists.

Those who want Guantanamo to remain open argue that the facility is necessary to hold enemy combatants who are members of jihadist groups like al Qaeda to keep them off the battlefield and gather intelligence. They cite the reportedly exceptional treatment detainees receive at the facility, which military leaders have detailed to reporters, as well as experts who say that Guantanamo plays a minimal role in jihadist propaganda.

The recidivism rate for Guantanamo detainees who are released and return to terrorist activity is about 30 percent, according to experts.

A recent example that garnered attention was Ibrahim al Qosi, a former aide to Osama bin Laden who was sent to Guantanamo in 2002 and released 10 years later. Al Qosi resurfaced this month as a senior member of al Qaeda in the Arabian Peninsula, the terror group’s most dangerous branch.

When asked about al Qosi’s return to jihadist activity at a Senate Appropriations Committee hearing last week, Secretary of State John Kerry lamented that “he’s not supposed to be doing that.”

It is important to understand the term enemy combatant, lawful and unlawful as defined the Geneva Convention. You can read the 10 items here.

 

 

 

CAIR -1 FBI-0

Go to the FBI website and see for yourself.  Violent extremism is a politically correct phrase…..a dangerous one.

New FBI Counter Extremism Site Fails to Mention Islamism

Hillary’s Email Pals Included the WH and SCOTUS Judges

Sheesh…..now what about the 30,000 emails about ah yoga and wedding plans…yeah, yoga sure Hillary. What about the emails from the White House to Hillary…ah all this transparency is well infectious eh?

Ever wonder why a Secretary of State needed to email, confer and be email pals with selected Supreme Court justices?

Hillary’s email account an open secret in Washington long before scandal broke

WashingtonTimes: Hundreds of people — from White House officials and titans of the mainstream media to senators, Supreme Court justices and many of her top colleagues at the State Department — could have known about Hillary Clinton’s secret email account, if only they’d cared to look closely enough.

Listed on some of the more than 28,000 messages Mrs. Clinton released so far are several White House chiefs of staff and a former director of the Office of Management and Budget, much of the rest of official Washington, and a number of people who had oversight of the State Department’s key operations and open-records obligations. President Obama was also on a series of messages, though the government is withholding those.

But just how widely disseminated Mrs. Clinton’s address was became clear in a single 2011 message from Anne-Marie Slaughter, who appeared to include Mrs. Clinton on a message alongside Supreme Court Justices Stephen G. Breyer and Elena Kagan, reporters Jeffrey Toobin, David Brooks, Fred Hiatt and Evan Thomas, CIA Director David H. Petraeus, top Obama aide Benjamin Rhodes and former White House counsel Gregory Craig.

 
Computer specialists said they would have had to know what they were looking for to spot Mrs. Clinton’s address, but it was there for anyone who did look — raising questions about how her unique arrangement remained secret for so long. It came to the public’s attention when news broke in March 2015 in The New York Times — after it was uncovered by a congressional investigation into the 2012 Benghazi terrorist attack.

The State Department has since acknowledged that it did not search Mrs. Clinton’s messages in response to open-records requests filed under federal law, and federal District Judge Emmet G. Sullivan is prodding the department about how the situation got so out of hand.

“We’re talking about a Cabinet-level official who was accommodated by the government for reasons unknown to the public. And I think that’s a fair statement — for reasons unknown to the public,” the judge said at a hearing last week, where he decided to approve conservative legal group Judicial Watch’s request for discovery to pry loose more details about who approved the odd email setup and how it ducked the rules.
“All the public can do is speculate,” Judge Sullivan told the government lawyers who have been fighting to drag out the release of the messages Mrs. Clinton has turned over, and to prevent her from having to relinquish thousands of others. “You want me to say it’s done, but I can’t do that right now.”

The final batch of messages the State Department has in its custody — 2,000 of them — is due to be released Monday.

The facts have changed dramatically since the emails were first revealed and Mrs. Clinton insisted that she set up her unique arrangement out of “convenience” for herself and insisted no classified material was sent on the account.

Already, 1,782 messages have been deemed to contain classified material, and 22 of those messages contain “secret” information. Another 22 messages contain “top secret” material so sensitive that the government won’t even release any part of them, meaning they will remain completely hidden from the public.

Mrs. Clinton’s arrangement set off public policy and security debates. Analysts said her server was likely unprotected against any moderately sophisticated attack.

Although details remain sketchy as to what protection Mrs. Clinton used, analysts said having one person maintaining her server is no way to protect sensitive information from a hack. Christopher Soghoian, principal technologist at the American Civil Liberties Union, said there is no evidence that Mrs. Clinton was having her server tested by independent specialists — a major oversight.

“You cannot secure your server with one guy working part time,” Mr. Soghoian said.

That one person, Bryan Pagliano, who reportedly worked for Mrs. Clinton at the State Department and on the side as her server technician, asserted his Fifth Amendment right against incriminating himself in testimony to Congress last year.

Even if the server itself wasn’t compromised, Mr. Soghoian said, Mrs. Clinton was sending email over the broader Internet, where an enterprising opponent could have intercepted messages. If she had been using a State.gov account to email others within the government, that wouldn’t have been possible, he said.

There is no evidence that Mrs. Clinton was hacked, but analysts said that’s of little comfort. Even if the FBI doesn’t find evidence, it is not conclusive.

“Clinton’s use of unencrypted email left her vulnerable to nation states. There’s no amount of investigation the FBI can do to prove that didn’t happen,” Mr. Soghoian said.

Bob Gourley, co-founder of cybersecurity consultancy Cognitio, said the government has to assume Mrs. Clinton’s server was compromised, and he said it begs the question of why she declined to use a State.gov account and instead set up her own off-site server.

“All indications are this was not just a matter of convenience,” he said. “There’s no reason why she should have used her own server and go to all the trouble to do that unless she wanted to hide something.”

That something, Mr. Gourley believes, is the negotiating she did on behalf of the Clinton Foundation, founded by her husband, former President Bill Clinton. She helped lead the foundation as soon as she stepped down from the secretary’s job.

The security analyst said he suspects details of those negotiations are part of the 30,000 messages Mrs. Clinton indicated she sent during her time in office but that she declined to turn back to the State Department. The former secretary said those messages were personal business, such as scheduling yoga classes or arranging her daughter Chelsea’s wedding.

Judicial Watch is trying to get Mrs. Clinton to turn over those messages to the State Department, and that’s the case pending before Judge Sullivan.

“The big story on Monday is, wow, now we have reviewed about half of Mrs. Clinton’s reported records. Where’s the other half?” said Judicial Watch President Tom Fitton. “That’s what our discovery is about. Where’s the other half, and how can we find out so they can be retrieved and reviewed and released to the public?”

Mrs. Clinton says the Obama administration is overclassifying her messages. She says she would like all of the messages she returned to the government released, including presumably the 22 the government deems so “top secret” that they can’t be shared even in part.

She and her campaign have questioned the political motivations or conclusions of the inspectors general who have pushed for classification, to Judge Sullivan, whose order of discovery could force her aides to answer tough questions and could eventually lead to her having to return the rest of her emails.

Mr. Fitton said the questions Judicial Watch will ask during discovery include how the government supported her email server, why the folks who handled Freedom of Information Act open-records requests weren’t made aware of it, who else used it, what security precautions were taken and who approved it.

A Washington Times analysis of the more than 28,000 messages that have been released show dozens of State Department employees, from the lowest to the highest levels, were aware that Mrs. Clinton was using her unique arrangement to conduct government business.

The extensive awareness within the department struck Judge Sullivan.

“How on earth can the court conclude that there’s not, at a minimum, a reasonable suspicion of bad faith regarding the State Department’s response to this FOIA request?” he said at a hearing last week.

Mrs. Clinton’s successor, current Secretary of State John F. Kerry, was one of those who emailed with Mrs. Clinton on her secret account during his time in the Senate. He was one of a handful of senators The Times found who were pen pals with Mrs. Clinton.

Last week, Mr. Kerry tried to explain how he missed Mrs. Clinton’s behavior and told Congress he simply mailed the address he was given.

“I didn’t think about it. I didn’t know if she had an account, or what the department gave her at that point in time, or what she was operating with. I had no knowledge,” he told Rep. Darrell E. Issa, a California Republican who prodded him on the matter.

Stories about odd email practices have continued to dog Mr. Obama’s tenure. His former administrator at the Environmental Protection Agency, Lisa P. Jackson, used a secret agency email address to conduct government business, but the EPA says those messages were searched in open-records requests.

Defense Secretary Ashton Carter used a private address to conduct some government business in the first months after taking office. He said the practice was wrong and apologized for it.

Mr. Gourley, the cybersecurity specialist, said Mrs. Clinton’s practice went beyond that. He compared it to a phone, saying everyone has a home phone or personal cellphone, and even top government officials occasionally use it for official business. But in Mrs. Clinton’s case, she rejected an official government email account and used only her secret account.

“Those kinds of rules were just totally flouted by Clinton,” he said.