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.