What’s Next For Former FSO Michael Sestak, Plus Some Unanswered Questions

Posted: 2:05 pm EDT
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On August 14, 2015, former FSO Michael T. Sestak was sentenced to 64 months imprisonment for receiving over $3 million in bribes in exchange for visas at the U.S. Consulate General in Ho Chi Minh City, Vietnam.

The Preliminary Consent Order of Forfeiture filed in the District Court of Columbia includes forfeiture of a) “any property, real or personal, which constitutes or is derived from proceeds traceable to the offense;” and  b) “a money judgment equal to the value of any property, real or personal, which constitutes or is derived from proceeds traceable to the offense.”

The consent order identifies 1) any and all funds and securities seized from Scottrade Account #XXXX001S, held in the name of Anhdao Thuy Nguyen (“Scottrade Account”); and 2) $198,199.13 seized from the Department of Treasury from the Treasury Suspense Account under Seizure Number 38l30010—O1 (“Treasury Account”); and 3) a money judgment in the amount of at least $6,021,440.58, for which the defendant (Sestak) is jointly and severally liable with any co-conspirators ordered to pay a forfeiture money judgment as a result of a conviction for either offense.

In the plea agreement, Sestak agreed to sell nine properties in Thailand and that the proceeds would be paid to the United
States to satisfy a portion of the money judgment entered against him. The consent order also notes that “upon entry of a forfeiture order, Fed. R. Crim. P. 32.2(b)(3) authorizes the Attorney General or a designee to conduct any discovery the Court considers proper in identifying, locating, or disposing of property subject to forfeiture.”

In a pre-sentencing filing,  Mr. Sestak requested that any term of incarceration occur in a Camp-level facility. Specifically, at FCI Miami or if that’s not available, FCI Pensacola.  Defense justification is based on Sestak’s “lack of criminal history, the non-violent nature of the crimes, his cooperation with the Government, his lifetime of public service, his age, education, and status as a trustee during his pretrial confinement at Northern Neck Regional Jail.”‘

We had a chance to ask a few questions from his lawyer, Gray Broughton; we wanted to know where will be the location of his incarceration.

“The Bureau of Prisons will ultimately make a determination as to where Mr. Sestak is incarcerated,” said Mr. Broughton.  The defense lawyer again cited the nonviolent nature of the crimes and Mr. Sestak’s “clean criminal history.”  Mr. Sestak should be housed in a lower security level facility, according to his lawyer and that his prior employment with the U.S. Marshal will be taken into consideration by the Bureau of Prison.
We asked about the plea deals received by Sestak and main co-conspirator Bihn Vo.   Sestak’s lawyer believed the government made the best deal it could:

Mr. Sestak received a sentence of 64 months – 32 months less than codefendant Binh Vo, who received a sentence of 96 months. The Government will end up getting roughly $5M from Binh Vo – the $3M it already seized and the $2M he has agreed to pay in the next year. Binh Vo’s money (and his wife) are all currently outside of the U.S., so the U.S. doesn’t have any control over either. It made the best deal it felt it could with Binh Vo.

We were also interested in the duration of the sentence. By our calculation, Mr. Sestak would be almost 50 by the time he completes his sentence.  Mr. Broughton, however, told us that “assuming good behavior, Mr. Sestak would serve 85% of the sentence.” He will reportedly also get credit for the 27 months he has been in jail since his arrest, towards his sentence. We’re not sure if he’ll get credit for the full 27 months. But if that’s the case, and if our math is correct, he’d be out between 2-3 years.

We asked what happened to the 500 visa applicants that Mr. Sestak had issued visas to in Vietnam. And if Mr. Sestak was asked to help track or account for the applicants who paid bribes for their visas. Mr. Broughton said, “I don’t know what happened to the visa applicants. I am not aware of any efforts by the US Government in that regard.”

Mr. Broughton also released the following statement after the sentencing:

**
Michael Sestak received a fair, well-reasoned sentence today. The Court had the unenviable task of taking a multitude of opposing factors into consideration in devising Mr. Sestak’s sentence. 

As counsel for the U.S. Government readily admitted during Mr. Sestak’s sentencing hearing, Binh Vo was the mastermind of the visa fraud conspiracy. Binh Vo also had the largest pecuniary gain and will likely have millions of dollars waiting for him upon his release – along with his wife Alice Nguyen, who was able to avoid prosecution as a result of Binh Vo’s plea agreement. The Court appeared to appreciate that a sentence greater than or equal to Binh Vo’s sentence of 8 years would be fundamentally unjust for Michael Sestak, even though the U.S. Sentencing Guidelines recommended a sentence of approximately 20 years.
 
What made things difficult for the Court in determining an appropriate sentence is that Mr. Sestak was an essential component to the conspiracy and a public servant who had taken an oath of loyalty to his Country. It was Mr. Sestak’s status as a public official and the theory that would-be criminals will think twice before committing similar crimes that caused the Court to sentence Michael Sestak to something greater than time served.
 
Ultimately, the Court balanced these countervailing factors by issuing a sentence of 64 months – 32 months less than codefendant Binh Vo, who received a sentence of 96 months.
 
Michael Sestak is a good man who made made a huge mistake. Even after his release from prison, Mr. Sestak’s actions – and the shame that follows – will haunt him forever.
**

 

With the case concluded for all charged co-conspirators, we thought we’d asked the State Department what systemic changes had Consular Affairs instituted at USCG Ho Chi Minh City and worldwide following the Sestak incident.

The State Department, on background says this:

The Bureau of Consular Affairs takes all allegations of malfeasance seriously and continually works to improve its operations. Following any detection of vulnerabilities, CA works to improve management controls and guidance to the field. After the incident in Ho Chi Minh City, the management controls at post were comprehensively reviewed to determine what improvements could be made to their processes. As a matter of policy, we do not discuss the specifics of internal management controls.

Most of the Sestak visa cases were allegedly previous refusals. If true, we don’t quite understand how one officer could overturn so many visa refusals and issue close to 500 visas without red flags, if consular management controls worked as they should.  We wanted to know what consequences will there be for supervisors, embassy senior officials and principal officers who fail to do their required oversight on visas. And by the way, what about those who also do not follow the worldwide visa referral policy, particularly, Front Office occupants? The State Department would only say this:

As a matter of policy we do not discuss specific internal personnel actions. Protecting the integrity of the U.S. visa is a top priority of the U.S. government. We have zero tolerance for malfeasance. We work closely with our law enforcement partners to vigorously investigate all allegations of visa fraud. When substantiated, we seek to prosecute and punish those involved to the fullest extent of the law.

We imagined that the Bureau of Consular Affair’s Consular Integrity Division would be tasked with reviewing procedures and lessons learned on what went wrong in the Sestak case. We wanted to know if that’s the case and wanted to ask questions from the office tasked with the responsibility of minimizing a repeat of the Sestak case. Here is the official response:

The Consular Integrity Division regularly reviews incidents of malfeasance or impropriety and makes recommendations for procedural changes to reduce vulnerabilities and updates training materials for adjudicators and managers based on the lessons learned, including the case in Ho Chi Minh City. The Consular Integrity Division also does reports on the management controls at overseas posts, as well as reports that review global management controls issues, which inform CA leadership about any issues of concern.

No can do.  So far, we’ve only learned that the CID reviewed incidents of malfeasance including the Sestak case but it doesn’t tell us if it did a specific report on HCMC and what systemic changes, if any, were actually made.

We tried again. With a different question: According to in country reports, USCG Ho Chi Minh City received a letter from a jilted man in central Vietnam that helped DS crack the Sestak case. ConGen Ho Chi Minh City is one of the few consular posts that actually has a Regional Security Officer-Investigator, dedicated to visa investigations. If this case started with this reportedly jilted lover, the question then becomes how come neither the RSO-I or the internal consular management controls did not trip up the FSO accused in this case? If there was no anonymous source, would the authorities have discovered what was right under their noses?

As a matter of policy, we do not discuss the details of investigations. Protecting the integrity of the U.S. visa is a top priority of the U.S. government. We continually work to improve its operations, both in the field and here in Washington DC.

Ugh! Sestak was charged in May 2013. In July that year, the State Department told Fox News it was reviewing thoroughly alleged “improprieties” regarding a consular official in Guyana allegedly trading visas for money and possibly sex. In another article in 2014,  former Peace Corps, Dan Lavin,  said, “The State Department makes millions off of the poorest people in the world just by selling them the opportunity to fill out the application.” He also made the following allegation: “There are people at the embassy who can get you a visa,” Lavin said. “If you’re a Sierra Leonean, you go to a man called a ‘broker’; you then pay that ‘broker’ $10,000 and he personally gives that money to someone at the embassy who in turn gets you a visa.”  Apparently,  when asked about the accusations, a spokesperson at the U.S. embassy in Freetown declined to comment.

In any case, we also wanted to know if there were systemic changes with the State Department’s RSO-I program and how they support consular sections worldwide? Or to put it another way, we were interested on any changes Diplomatic Security had implemented in the aftermath of the Sestak case. Here is the amazing grace response, still on background:

It is the mission of DS special agents assigned as Assistant Regional Security Officer-Investigators (ARSO-I) to find fraud in the countries where they serve.

Sigh, we know that already. We thought we’d also ask about those 489 Vietnamese who got their visas under this scheme. What happened to them? Did Diplomatic Security, DHS or some other agency tracked them down?

The Bureau of Consular Affairs conducted a review of visas issued by Mr. Sestak. The Department revoked those visas that were improperly issued. If the visa holder had already travelled to the United States on the improperly issued visa, the Department of State notified the Department of Homeland Security so that agency could take action as appropriate.

We don’t know how many “improperly issued” visas were revoked. All 489?

We don’t know how many of those able to travel to the U.S. were apprehended and/or deported to Vietnam.

Frankly, we don’t really know what happened to the 489 Vietnamese nationals who paid money to get visas.

Calvin Godfrey who covered this case from Vietnam writes:

State Department investigators managed to track down and interrogate a few, though they wouldn’t say how many. The Washington DC office of the US Immigration and Customs Enforcement Agency didn’t respond to a list of questions about their efforts to track them down.

We also don’t know how much was the total proceed from this illegal enterprise. The USG talks about $9.7 million but one of the co-conspirators in an email, talked $20 million. Below via Thanh Nien News:

Prosecutors only put the gang on the hook for a $9.7 million — a “conservative estimate” they came up with by multiplying $20,000 by 489. Statement written by Hong Vo the middle of the illicit ten-month visa auction:

“I can’t believe Binh has pretty much made over $20m with this business,” she wrote to her sister, identified only as Conspirator A.V. “Slow days… are like 3 clients… and that’s like 160k-180.”

 

Then there’s the individual who purportedly started this ball rolling in Vietnam. Below excerpted from Thanh Nien News:

The State Department was quick to crow over Vo’s sentencing, but it remains deeply disingenuous about how this case came about and what it means.

“This case demonstrates Diplomatic Security’s unwavering commitment to investigating visa fraud and ensuring that those who commit this crime are brought to justice,” crowed Bill Miller, the head of the Diplomatic Security Service (DSS) in a press release generated to mark Vo’s sentencing.

The problem there is that the whole case didn’t come about through careful oversight; it came about because a sad sack from Central Vietnam loaned his pregnant wife $20,000 to buy a US visa from Sestak and the Vos. Instead of coming home with their baby boy, she disappeared, married another man and blabbed about it on Facebook. The sad sack wrote rambling letters to the President and the State Department’s OIG trying to get his wife and money back.

That Vietnamese informant reportedly is a recipient of threats from some of the Sestak visa applicants. Poor sod. So, now, one of the co-conspirators got 7 months, another 16 months, Sestak got 5 years, Vo got 8 years,  one alleged co-conspirator was never charged, and we don’t know what happened to close to 500 visa applicants. Also, the USG gets less than half the $20 million alleged gains. It looks like, at least Vo, will not be flipping burgers when he gets out of prison.

Now life goes on.
 #
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Clinton Email Controversy Needs Its Own Cable Channel, For Now, a Timeline

Posted: 1:42 am EDT
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“[T]he system we used was set up for President Clinton’s office. And it had numerous safeguards. It was on property guarded by the Secret Service. And there were no security breaches.”
Hillary Clinton, March 10, 2015

It’s hard trying to keep track of the highs and lows of the Clinton email debacle. Since this is not going away anytime soon, or going away quietly, we thought we’d build a timeline, to keep the details we find relevant for our reference. Feel free to scroll.  We’ve written previously —  in this whole email mess at the State Department —  it must be said that this might not have happened if not enabled by senior bureaucrats in the agency. We do not believe for a moment that senior officials were not aware about the email practices of then Secretary Clinton or the record retention requirement. But hey, if the practice was done for four years over the protests and dissent of officials at “M”, “A”, the Legal Adviser or the CIO, we’d like to see that email trail. We will update the timeline, as needed.

2008

November 21, 2008: NY Times says Hillary Clinton accepts US Secretary of State position

December 1, 2008: President-Elect Barack Obama announces Hillary Clinton as Secretary of State (video)

2009

January 13, 2009:  Internet records show that the domain ‘clintonemail.com’ was created and had Network Solutions LLC as registrar. http://www.whois.com/whois/clintonemail.com

January 13, 2009:  Senate Confirmation Hearing for Secretary of State Nominee Hillary Clinton

January 15, 2009: Senate Foreign Relations Committee votes 16–1 to approve Clinton.

January 21, 2009:  Clinton is confirmed by the U.S. Senate as President Obama’s secretary of state by a roll call vote of 94–2.

January 21, 2009Clinton takes the oath of office of Secretary of State administered by Associate Judge Kathryn Oberly with Bill Clinton in attendance.  She resigned from the Senate the same day. (Hillary Clinton, the 67th Secretary of State)

July 31, 2009: State/OIG issues Review of the Information Security Program for Sensitive Compartmented Information Systems at the Department of State (CLASSIFIED) aud-it-09-21.pdf

November 2, 1009: NARA Notes on State Department State Messaging and Archive Retrieval Toolset (SMART) system rollout. Per IPS, people are “using the record email function” but huge issues with memos. Appears that the Executive Secretariat (S/ES) will be establishing its own recordkeeping system as the follow on to STARS. (view in pdf).

2010

January 21, 2010: Clinton give remarks on Internet Freedom, launches 21st Century Statecraft.

April 19, 2010:  Computer World reports that Network Solutions LLC is hacked, injected with malicious JavaScript and the affected sites redirecting unsuspecting users to a Ukrainian attack server.

December 22, 2010NARA Bulletin 2011-03 | December 22, 2010 – Guidance Concerning the use of E-mail Archiving Applications to Store E-mail

2011

June 28, 2011:  State Department releases cable on Securing Personal Email Accounts (Via FoxNews)

October 19, 2011“Classified” Information Contained in We Meant Well – It’s a Slam Dunk, Baby!

2012

March 12, 2012State Department Chief Freedom of Information Act Officer Annual Report | March 12, 2012

August 10, 2012: State OIG issues review of US Embassy Kenya, dings Ambassador Scott Gration, among other things, for use of commercial email (see State/OIG Releases Ambassador Scott Gration’s Embassy Report Card – And Look, No Redactions!)

August 24, 2012: OMB/NARA issues Managing Government Records Directive, OMB M-12-18 (pdf)

September 11, 2012: Ambassador Chris Stevens and three others killed in Benghazi, Libya

September 2012: State/OIG Inspection of the Bureau of Administration, Global Information Services, Office of Information Programs and Services Report Number ISP-I-12-54

October 2, 2012After a Year of Serious Roars and Growls, State Dept Officially Retires FSO-Non Grata Peter Van Buren (despite allegation that “two pages of the book manuscript we have seen contain unauthorized disclosures of classified information.”)

November 20, 2012State Dept FOIA Requests: Agency Ranks Second in Highest Backlog and Here’s Why

December 11, 2012: NARA Chief Records Officer Paul M. Wester Jr. Email to NARA’s Margaret Hawkins and Lisa Clavelli on how they “should delicately go about learning more” about the transition plans for Secretary Clinton’s departure from State. Concerns that “there are or maybe plans afoot to taking her records from State to Little Rock.” Invokes the specter of the Henry Kissinger experience vis-a-vis Hillary Clinton (view email in pdf)

December 19, 2012: Accountability Review Board (ARB) Singles Out DS/NEA Bureaus But Cites No Breach of Duty

2013

February 1, 2013:  Clinton leaves the State Department (Photo of the Day: 67 Says Goodbye to Foggy Bottom)

Early 2013:  After HRC left government service in early 2013, the Clintons decided to upgrade the system, hiring Platte River as the new manager of a privately managed e-mail network. The old server was removed from the Clinton home by Platte River and stored in a third party data center.[…] “The information had been migrated over to a different server for purposes of transition,” from the old system to one run by Platte River, said Barbara J. Wells, a Denver lawyer who represents Platte River Networks Inc., recalling the transfer that occurred in June 2013. (Via WaPo)

March 5, 2013: State Department publishes Foreign Affairs Manual updates on 12 FAM 540 Sensitive But Unclassified Information (SBU) View pdf file here.

March 20, 2013: Clinton’s private email address, hdr22@clintonemail.com, is made public by Romanian hacker named ‘Guccifer’  (real name is Marcel Lazăr Lehel) after hacking into Clinton adviser Sidney Blumenthal’s AOL email account. (via Gawker; emails published in full here via RT).

May 28, 2013:  House Oversight and Government Reform Committee Chairman Darrell Issa (R-Calif.) announced the issuance of a subpoena for  “documents and communications referring or relating to the Benghazi from ten current and former State Department officials. See House Oversight Committee Subpoenas Benghazi-Related Documents To/From Ten State Dept Officials.

June 2013  Hillary’s team shifts control of the email network to an outside IT contractor in Denver called Platte River Networks, and sends the original server hardware to a data center facility in New Jersey, where it is erased. (Via Daily MailVia WaPo)

June 27, 2013After 1,989 Day-Vacancy — President Obama Nominates Steve Linick as State Dept Inspector General

August 1, 2013: House Oversight Committee issues two subpoenas, 1) State Department documents that had been covered but not produced after earlier requests, and 2) documents related to the Benghazi Accountability Review Board.

August 19, 2013The Other Benghazi Four: Lengthy Administrative Circus Ended Today; Another Circus Heats Up

August 29, 2013: NARA Bulletin 2013-02 |  All Agencies, Guidance on a New Approach to Managing Email Records

September 9, 2013: NARA Bulletin 2013-03 | Guidance for agency employees on the management of Federal records, including email accounts, and the protection of Federal records from unauthorized removal

September 30, 2013Senate Confirms Steve Linick; State Dept Finally Gets an Inspector General After 2,066 Days

2014

January 16, 2014: State/OIG issues Management Alert – OIG Findings of Significant, Recurring Weaknesses in Dept of State Info System Security Program 220066.pdf

May 8, 2014: The House of Representatives adopted H. Res. 567, Providing for the Establishment of the Select Committee on the Events Surrounding the 2012 Terrorist Attack in Benghazi, Libya. Rep. Trey Gowdy, R-S.C., is named chairman.

August 5, 2014: State Department updates 12 FAM 530 STORING AND SAFEGUARDING CLASSIFIED MATERIAL.  Officers are reminded that Department-issued materials not codified in the Foreign Affairs Manual or its supplemental Foreign Affairs Handbook series generally have no regulatory validity (see 2 FAM 1115.2)

August 11, 2014: The State Department sends its first group of documents to the new Select Benghazi committee, a partial response to a previous subpoena. The production contains a few — less than 10 — emails either to or from Clinton. Committee staffers notice immediately that the emails are from a previously unseen address, hdr22@clintonemail.com. Meanwhile, the committee presses State to meet its legal obligation to fully respond to the pair of subpoenas originally issued in August 2013. (Via Washington Examiner)

August 28, 2014: State Department U/S for Management sends memo to department principals on Senior Officials’ Records Management Responsibilities (view memo pdf). See State Department issued instructions for Preserving Email of Departing Senior Officials (view memo p.13 pdf)

September 15, 2014: Former State Dept DAS Raymond Maxwell Alleges Benghazi Document Scrub Pre-ARB Investigation

September 15, 2014: NARA Bulletin 2014-06 | All Agencies, Guidance on Managing Email

September 16, 2014:  State Department Denies Raymond Maxwell’s Document Scrub Allegations. Peeeeriod!!!!

September 19, 2014:  State Dept on Former DAS Raymond Maxwell’s Allegations: Crazy. Conspiracy Theory. What Else?

September 30, 2014: State/OIG Audit of the Information Security Program for Sensitive Compartmented Information Systems at the Department of State for FY 2014 (CLASSIFIED) aud-it-14-36.pdf

October 10, 2014:  William Fischer, the Department of State agency records officer, sends message to NARA with a draft email policy to update State’s Foreign Affairs Manual (5 FAM 447). Requests for limited distribution within NARA to those “with equities in this issue.” (View email in pdf)

October 30, 2014: Memo to the Field (All Diplomatic and Consular Posts) from Under Secretary for Management, Patrick F. Kennedy re: State Department Records Responsibilities and Policy, October 30, 2014

November 4, 2014:  Jason Leopold submits a FOIA request for “any and all records that were prepared, received, transmitted, collected and/or maintained by the Department of State (DOS) mentioning or referring to or prepared by Secretary of State Hillary Clinton or any member of the Office of the Secretary (S) from January 21, 2009 to February 1, 2013.”  (source here- pdf).

November 07, 2014: State/OIG posts online Audit of Department of State Information Security Program | aud-it-15-17.pdf

November 12, 2014: Letter to Hilary Clinton’s representative, Cheryl Mills re: the Federal Records Act of 1950, November 12, 2014; to Colin Powell, to Condoleezza Rice; to Madeleine Albright;

November 2014: The Benghazi committee asks the State Department for a larger batch of Clinton’s emails and receives about 300 that relate to the Libya saga, amounting to 850 printed pages  (Source: Washington Examiner)

December 5, 2014:  Clinton’s aide Cheryl Mills says that in response to a request from the State Department, they have handed over (about 55,000 pages) her work-related emails (comprising 30,490 messages); Response to Under Secretary of State for Management, Patrick F. Kennedy from Hilary Clinton’s representative, Cheryl Mills re: the Federal Records Act of 1950, December 5, 2014

December 29, 2014: Updates to Foreign Affairs Manual 5 FAM 440 Electronic Records, Facsimile Records, and Electronic Mail Records published with the following notation:  “In October, 2014, the Department issued an interim directive superseding some text in this section. This subchapter will be revised to reflect the new guidance – Refer to Department Notice 2014_10_115 for more information.” (View pdf, department notice available here.)

2015

January 25, 2015: Leopold v. State Department (view lawsuit here- pdf).

February 13, 2015 The State Department sends the Benghazi committee another 850 pages of Clinton’s emails, including some from two different accounts on the private ‘clintonemail.com’ server  (Source: Washington Examiner)

February 27, 2015  State Department staffers tell Benghazi committee aides that Clinton had used her private address exclusively during her tenure at the agency, and that they don’t have any of her emails other than those she provided voluntarily. (Source: Washington Examiner)

February 27, 2015:  Mike Schmidt, reporter with The New York Times contacts NARA General Counsel requesting off the record chat on regulations for government employees who use their personal email addresses to conduct government business. Gary Stern tells his boss “I am happy to talk to him about what the law is (there are no regulations at this time).” (View email here)

March 2, 2015: NYTimes broke the news that Hillary Clinton exclusively used a personal email account to conduct government business as secretary of state.

March 2, 2015: NARA Legal Counsel talks to State Department Deputy Legal Advisor on the use of personal email accounts (View email from NARA Records Officer Wester to State/DAS Margaret P. Grafeld)

March 3, 2015: NARA puts together ‘Talking Points’ on Clinton emails. (View pdf). Talking Points available here.

March 3, 2015: NARA Acting IG asks NARA: “[W]ho is the NARA liaison with the State department for records management? Were we aware the gov email system was not being used by Ms Clinton. If we were not aware why not. What checks and balances do we have in place to ensure the gov email systems are being used. (View email)

March 4, 2015:  Clinton tweeted, “I want the public to see my email. I asked State to release them. They said they will review them for release as soon as possible.”

March 6, 2015: Marie Harf, a State Department spokeswoman, said the Foreign Affairs Manual was a department document and didn’t carry the force of law. She also said a memo to diplomatic staff around the word bearing Mrs. Clinton’s name and discouraging the use of personal emails was “colloquial guidance,” not a mandate. (Via Wall Street Journal)

March 10, 2015: Clinton holds a presscon at the UN, admits that she deleted more than 30,000 emails that she says were personal in nature, says she turned over everything work-related to the State Department, while insisting that “I did not email any classified material to anyone on my email.” (Ex-Chief Information-Disclosure Guru on Hillary’s Email Defense and the Folks Asleep at the SwitchFormer Secretary Clinton talks about her state.gov private emails)

March 10, 2015:  “I don’t have the FAM in front of me. I can certainly check and see if there were certain policies, if there were regulations. The FAM is not a regulation; it’s recommendations,” said Jennifer Psaki, State Department Spokesman during the Daily Press Briefing.  NewsFlash: “The FAM is not a regulation; it’s recommendations.” Hurry, DECLINE button over there!

March 11, 2015: The Associated Press sues the State Department to force the release of Clinton’s emails and other documents that the agency has failed to turn over following a Freedom Of Information Act request. The legal action comes after repeated requests filed under the U.S. Freedom of Information Act have gone unfulfilled. They include one request the AP says it made five years ago and others pending since the summer of 2013.

March 12, 2015: Senators Burr, Corker, Johnson sends a letter to State/OIG to coordinate “with the Inspector General for the Intelligence Community, and any other appropriate Federal entities, conduct a thorough audit related to electronic communications by State Department employees, including former senior officials, that were principally carried out on non-government-owned, or non-government-protected, information networks.” (View letter here via freebeacon.com).

March 25, 2015: Letter from Secretary of State, John Kerry to State Department IG, Steve Linick re: review of records management, preservation, and transparency practices, March 25, 2015

April 12, 2015: The former secretary of state announced her second presidential campaign in a video released online. (Video)

May 18, 2015: Leopold v. State Department – Court Declaration of State Depart FOIA official John F. Hackett (view in pdf)

May 21, 2015:  The Department releases a set of 296 of Clinton documents which previously had been provided in February 2015 to the House Select Committee on Benghazi. May Release via foia.state.gov. This is the first batch of Clinton’s emails made public by the State Department; roughly 850 pages, captures concerns over Libya (Via NYTimes).

May 27, 2015:  U.S. District Court Judge Rudolph Contreras set particular targets for the State Department to meet each month as it wades through the roughly 30,000 emails totaling about 55,000 pages. (The percentages set for each disclosure can be viewed in the judge’s written order, posted here.) Scheduled every 30 days, setting monthly targets for State so the work is completed by January 29, 2016 (Via Politico).

May 29, 2015: State Department updates its Foreign Affairs Manual 5 FAM 480 CLASSIFYING AND DECLASSIFYING NATIONAL SECURITY INFORMATION—EXECUTIVE ORDER 13526

June 2015: State Department releases more emails. June Release via foia.state.gov

June 25, 2015: State Department updates 12 FAM 530 STORING AND SAFEGUARDING CLASSIFIED MATERIAL

June-July 2015:  | Potential Issues Identified by the Office of the Inspector General of the Intelligence Community Concerning the Department of State’s Process for the Review of Former Secretary Clinton’s Emails under the Freedom of Information Act (pdf)

July 23, 2015: Charles McCullough, the inspector general for the U.S. intelligence community tells members of Congress in a letter that a limited sampling of 40 Clinton emails turned up four that “should have been marked and handled at the SECRET level.” (View memo here via Politico)

July 24, 2015: Andrea Williams, a spokeswoman for the inspector general for the Intelligence Community, told NPR’s Carrie Johnson that at least four emails that were sent through Clinton’s private email network “were classified when they were sent and are classified now.” 

July 25, 2015:  “I am confident that I never sent nor received any information that was classified at the time it was sent and received,” Clinton told reporters in Winterset, Iowa, after news emerged this week that a federal watchdog had asked the FBI to review whether potentially classified material in her e-mails had been jeopardized during a State Department review of the messages ahead of public release. (Via Bloomberg).

July 27, 2015: Select Committee on Benghazi Chairman Trey Gowdy announced the State Department’s pledged to produce 5,000 new pages of documents to the Committee. As a result of the forthcoming production, the Chairman accepted Mr. Finer’s request to postpone the compliance hearing. (see State Dept to Release 5,000 Pages to Benghazi Panel, No Hearing With Kerry Top Aide For Now)

July 27, 2015: The State Department issues enhanced guidance for speaking, writing, teaching and media engagement for its employees, retirees, externs, interns and others. The clearance requirement covers  testimony provided in Congress even in an employee’s private capacity.  See State Dept Releases New 3 FAM 4170 aka: The “Stop The Next Peter Van Buren” Regulation

July 31, 2015: The second installment of emails from Hillary Clinton’s private server, released Friday by the State Department, includes 41 messages that reviewers determined contained classified material. (Via Daily Mail).

July 2015: State Department releases more emails. July Release via foia.state.gov

August 7, 2015: According to Nick Merrill, a Clinton press secretary, “She did not send nor receive any emails that were marked classified at the time.” (Observer.com)

August 10, 2015: Clinton makes court declaration under penalty of perjury per request from U.S. District Court Judge Emmet Sullivan. (Via Politico“While I do not know what information may be ‘responsive’ for purposes of this law suit, I have directed that all my emails on clintonemail.com in my custody, that were or potentially were federal records be provided to the Department of State, and on information and belief, this has been done,” wrote Clinton (view declaration here).

August 11, 2015: McCullough updates his statement to Congress on classified materials on personal electronic storage devices,  saying that Clinton emails reviewed contains information classified up to TOP SECRET//SI/TK//NOFORM. (See pdf file here)

August 12, 2015: Server was transferred to the FBI by Platte River Networks, a Denver firm hired by Clinton (via Associated Press)

August 13, 2015:  Gawker Media has previously requested the release of emails belonging to Philippe Reines, the loyal Hillary Clinton aide and former deputy assistant secretary of state. The department claimed that “no records responsive to your request were located.”  On August 13, lawyers for the U.S. Attorney General submitted a court-ordered status report to the U.S. District Court of the District of Columbia in which it disclosed that State employees had discovered “5.5 gigabytes of data containing 81,159 emails of varying length” that were sent or received by Reines during his government tenure. Of those emails, the attorneys added, “an estimated 17,855” were likely responsive to Gawker’s request (See status report for the court via Gawker).

August 17, 2015: Screeners of the 30,000 Hillary Clinton e-mail messages ordered released by a federal judge in May have flagged 305 of those documents for further review by U.S. intelligence agencies, government lawyers said in court papers. (via Bloomberg)

August 17, 2015: Clinton told reporter Clay Masters with Iowa Public Radio what she thinks will come of her controversial decision to exclusively use private email while secretary of state. “I think this will all sort itself out,” Clinton said. “And in a way, it’s kind of an interesting insight into how the government operates. Because if I had not asked for my emails all to be made public, none of this would have been in the public arena. But I want people to know what we did, I’m proud of the four years I was secretary of state.” (Via Politifact)

August 19, 2015: 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 reportedly the documents that kick-started the FBI investigation into the mishandling of classified information. See the two of the Benghazi-related emails on the server (Via Fox News)

August 20, 2015: U.S. District Judge Emmet Sullivan orders the State Department to work with the FBI to determine if any of Hillary Clinton’s emails on her server during her tenure as secretary of state could be recovered. The State Department has 30 days to comply with Sullivan’s order. (Via Fox News) At a hearing for a Freedom of Information Act lawsuit against the State Department, Judge Sullivan of Federal District Court for the District of Columbia, said that “we wouldn’t be here today if the employee had followed government policy.” (Via NYTimes)

August 21, 2015: Dozens of Clinton emails were classified from the start, U.S. rules suggest (Via Reuters)

August 21, 2015: Clinton attorney David Kendall writes a letter to U/S for Management Patrick Kennedy and explains how, contrary to a Judge Emmet D. Sullivan’s s comment this week, her use of personal email was permitted under the NARA, FRA and FAM guidelines in place at the time she served. (letter here via ScribD)

August 21, 2015:  The lawyer for Huma Abedin, a longtime confidante of Hillary Rodham Clinton, wrote a letter to the State Department disputing concerns that Senator Charles E. Grassley raised about a possible conflict of interest involving her. (read the letter via NYTimes)

August 24, 2015: State Dept. Spokesman John Kirby Tells CNN:  “At The Time, When She Was Secretary Of State, There Was No Prohibition To Her Use Of A Private Email”

 

Sigh … to be continued

October 22, 2015: Clinton is scheduled to appear before the Select Committee on Benghazi.

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P.S. For obvious reasons, the slugfeast ring for this post is disabled.