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FACT CHECK: Clinton's Dishonest Email Scandal Spin On ABC's The View

- April 5, 2016

Asked If Email Scandal Contributed To Her Honesty Problem, Clinton Responded With Five False Claims In Just 90 Seconds

Today On ABC's The View, Clinton Spouted Off Five False Claims In A Row On Her Secret Server: There Is "Nothing To It," She's Been "Very Open," "Nothing Inappropriate Was Done," There Is A "Double Standard," And That "Everybody Noticed It". THE VIEW'S PAULA FARIS: "Let me ask you real quick, I know about the email scandal, the FBI and Justice Department prosecutors are reportedly gearing up to interview you and some of your closest aides, do you think that this is a big reason why there is a large contingent of people out there that don't feel that you are trustworthy is because of the email scandal? And will you ever put it behind you? CLINTON: "Oh, I'm sure I will, because there is nothing to it. I'm going to be very open as I have been, since last summer, I think last August, I've said any time you want to talk to me, here I am, but nothing inappropriate was done. Look, I've said it was not the best decision, obviously, it's caused a great deal of raucous…" THE VIEW'S JOY BEHAR: "But you are not the only one who did that…" CLINTON: "I know that, you know, there is a double standard in lots of ways, not just what you were talking about at the beginning of the show." THE VIEW'S WHOOPI GOLDBERG: "But here's my question to this, because, didn't anyone notice that the server they were getting emails from was not what was supposed to be legal? How come nobody noticed it until you started running for president?" CLINTON: "Well everybody noticed it…" GOLDBERG: "Well why didn't you do anything?" CLINTON: "Well because there was no, there was nothing prohibiting it, it was permitted to use personal email…" BEHAR: "Colin Powell used it, Condoleezza Rice used it…" GOLDBERG: "But my question is, you know, you are gonna get all kinds of stuff thrown at you…" CLINTON: "You think so?!" GOLDBERG: "I mean you are responsible for just about everything that has happened in the past 20 years, but, what? Okay look, we're gonna come right back…" (ABC's The View, 4/5/16)

Click To Watch

"NOTHING TO IT?" FALSE: 1 FBI INVESTIGATION, 2 OBAMA IG INVESTIGATIONS, MORE THAN 2,000 CLASSIFIED EMAILS PROVE THERE IS PLENTY TO IT

In February 2016, The FBI Confirmed That The Investigation Into Clinton's Secret Server Is Ongoing. "The FBI's investigation into Hillary Clinton's email server remained 'ongoing' as of earlier this month, a top FBI official said in a letter filed in federal court Monday." (Josh Gerstein, "FBI: Clinton Email Probe 'Ongoing,'" Politico, 2/8/16)

The FBI's Inquiry Into Clinton's Secret Server Has Evolved From A "Preliminary Fact-Finding Stage." "The FBI's recent moves suggest that its inquiry could have evolved from the preliminary fact-finding stage that the agency launches when it receives a credible referral, according to former FBI and DOJ officials interviewed [sic] by POLITICO." (Rachael Bade, "FBI Steps Up Interviews In Clinton Email Probe," Politico, 11/10/15)

At Least 2,079 Clinton Emails Contain Classified Material. " At least 2,079 emails that Hillary Clinton sent or received contained classified material, according to the State Department's final update from its review of more than 30,000 emails." (Anita Kumar, "At Least 2,079 Clinton Emails Contain Classified Material," McClatchy, 2/29/16)

"I'M GOING TO BE VERY OPEN AS I HAVE BEEN SINCE LAST SUMMER." FALSE: CLINTON'S EMAILS WERE RELEASED UNDER COURT ORDER, AND THERE HAVE BEEN INSTANCES WHERE IT WAS DISCOVERED RECORDS WERE WITHHELD

In August 2015, Clinton Claimed That Her Emails Were Made Public Because She Asked Them To Be. CLINTON: "Because if I had not asked for my emails all to be made public, none of this would have been in the public arena." ("Morning Edition," Iowa Public Radio, 8/14/15)

  • Politifact Rated Clinton's Claim As "Mostly False." (Lauren Carroll, "Hillary Clinton: Emails Wouldn't Be Public If I Hadn't Asked For It," PolitiFact , 8/20/15)

In September, State Department Officials Said The Request For Clinton's Emails Was "Not About General Recordkeeping But Was Prompted Entirely By The Discovery That Clinton Had Exclusively Used A Private E-Mail System." "But State Department officials provided new information Tuesday that undercuts Clinton's characterization. They said the request was not about general recordkeeping but was prompted entirely by the discovery that Clinton had exclusively used a private e-mail system." (Carol Leonnig and Rosalind Helderman, "State Department's Account Of E-Mail Request Differs From Clinton's," The Washington Post , 9/22/15)

There Are Several Instances Where Emails Have Been Discovered That Were Not Initially Turned Over By Clinton

On June 25, 2015, The State Department Revealed That It Did Not Received "All Or Part Of 15 Work-Related Emails From Hillary Rodham Clinton's Private Server," Which Were Received By The House Select Committee On Benghazi. "The State Department has been unable to find in its records all or part of 15 work-related emails from Hillary Rodham Clinton's private server that were released this week by a House panel investigating the 2012 attack in Benghazi, Libya, officials said Thursday. The emails all predate the Sept. 11 assault on the U.S. diplomatic facility and include scant words written by Clinton herself, the officials said. They consist of more in a series of would-be intelligence reports passed to her by longtime political confidant Sidney Blumenthal, the officials said." (Bradley Klapper and Matthew Lee, "State Dept.: 15 Emails Missing From Clinton Cache," The Associated Press, 6/25/15)

  • Politico Headline: "State Dept.: Hillary Clinton Didn't Turn Over All Libya Emails " (Rachael Bade, "State Dept.: Hillary Clinton Didn't Turn Over All Libya Emails," Politico, 6/25/15)

"[T]he Fact That The State Department Says It Can't Find Them Among Emails She Provided Surely Will Raise New Questions About Clinton's Use Of A Personal Email Account And Server While Secretary Of State And Whether She Has Provided The Agency All Of Her Work-Related Correspondence, As She Claims." (Bradley Klapper and Matthew Lee, "State Dept.: 15 Emails Missing From Clinton Cache," The Associated Press, 6/25/15)

The State Department Informed The Select Benghazi Committee That They Are No Longer Certain About Clinton's Claim That All Her Work Emails Were Included In The 55,000 Pages Of Documents Handed Over To The Department. "Clinton's use of the non-government email while in office was kept hidden from all but a small circle of aides, outside advisers, family members and friends. She says the single account for personal and professional purposes was a matter of convenience, and says all her work emails were included in the 55,000 pages of documents she later handed over to the State Department. Emails of a personal nature were destroyed, she says. The State Department informed the Select Benghazi Committee on Thursday that they are no longer certain that's the case, according to officials who spoke on condition of anonymity because they weren't authorized to speak publicly on the matter. The officials said Julia Frifield, the assistant secretary of state for legislative affairs, confirmed that 10 emails and parts of five others that the committee made public Monday couldn't be located in the department's records." (Bradley Klapper and Matthew Lee, "State Dept.: 15 Emails Missing From Clinton Cache," The Associated Press, 6/25/15)

"NOTHING INAPPROPRIATE WAS DONE." FALSE: BEHAVIOR VIOLATED NUMEROUS RULES, REGULATIONS, AND LAWS

Clinton Violated Several Rules And Regulations In Place

The New York Times Headline: "Hillary Clinton Email Said To Include Material Exceeding 'Top Secret'" (Mark Mazzetti, "Hillary Clinton Email Said To Include Material Exceeding 'Top Secret,'" The New York Times , 1/19/16)

The State Department Finally Admitted The Foreign Affairs Manual Rules Regarding The Handling Of Classified Information Applied To The Secretary Of State. REPORTER: "I had asked you a question the other day and you said you would get me an answer to it and the question is whether the Foreign Affairs Manual applies to secretaries of state. Does it?" STATE DEPARTMENT SPOKESMAN MARK TONER: "So I did do some research into this, as did others. It is… The Foreign Affairs Manual is not comprehensive nor is it a bible for all Foreign Service officers or civil servants. What do I mean by that? I mean it's not… For example there is things in there about reimbursement of the use of your private vehicle, certainly that doesn't apply to the Secretary of State. Or many people within the State Department, what's contained in the Foreign Affairs Manual and I apologize, this is kind of in the weeds question, all of that is not necessarily relevant to for example ambassadors or secretaries of state or senior department officials. If I can say what I think the essence of your question was and I'm sorry if this is presumptive was whether they are bound by the responsibility to protect classified information. That certainly is true, that any Secretary of State, any senior State Department official is bound by that then I spoke about this the other day that any individual whether you're the Secretary of State on down takes that responsibility seriously." ( State Department Press Briefing, 9/3/15)

Clinton's Sever "Was Physically Located On Her Property." "Where was the server for her email located? The server for her email was physically located on her property, which is protected by U.S. Secret Service." (Press Release, "Statement From The Office Of Former Secretary Clinton," Office Of Hillary Rodham Clinton, 3/10/15; FactCheck.org, Accessed 7/24/15)

According To Section 7 Of Her NDA, Clinton Agreed To Return Any Classified Information She Gained Access To, And Further Agreed That Failure To Do So Could Be Punished Under Sections 793 And 1924 Of The US Criminal Code. (Hillary Clinton, Classified Information Non-Disclosure Agreement, 1/22/09,State Department Release, FOIA # F-2015-05069, 11/5/15)

  • According To § 793 Of Title 18 Of The US Code, Anyone Who Willfully Retains, Transmits Or Causes To Be Transmitted, National Security Information, Can Face Up To Ten Years In Prison. "Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it; -Shall be fined under this title or imprisoned not more than ten years, or both." (18 U.S.C. § 793(d))

According To A State Department Regulation Established In 2012 (12 FAM 533.2), "Each Employee, Irrespective Of Rank Must Certify" That Classified Information "Is Not In Their Household Or Personal Effects." "When departing a post upon transfer, resignation, or retirement, each employee, irrespective of rank, must certify as part of the post clearance procedure that: (1) They are not taking classified material from the post through any other than authorized means; (2) Such material is not in their household or personal effects; and (3) Such material will not be mailed or otherwise transmitted in violation of 12 FAM 536.10." ("12 FAM 533.2 Certification Upon Permanent Departure From Post," U.S. Department Of State Foreign Affairs Manual, 1/31/12)

"DOUBLE STANDARD?" FALSE: NO OTHER SECRETARY OF STATE OR CABINET OFFICIAL USED AN UNSECURE PRIVATE EMAIL SERVER KEPT AT HOME EXCLUSIVELY FOR GOVERNMENT WORK

Clinton's Claim That Her "Predecessors Did The Same Thing" With A Secret Server Has Been Rated As Mostly False By PolitiFact. "Clinton said, regarding her State Department email practices, 'my predecessors did the same thing.' This is a misleading claim chiefly because only one prior secretary of state regularly used email, Colin Powell. Powell did use a personal email address for government business, however he did not use a private server kept at his home, as Clinton did. We rate this claim Mostly False." (Lauren Carroll, "Hillary Clinton Said 'My Predecessors Did The Same Thing,' With Email" PolitiFact , 3/9/16)

"EVERYBODY NOTICED IT." FALSE: NUMEROUS OBAMA ADMIN OFFICIALS WERE CAUGHT OFF GUARD BY THE NATURE OF CLINTON'S UNPRECEDENTED EMAIL SETUP

In September 2015, State Department Officials Said The Request For Clinton's Emails Was "Not About General Recordkeeping But Was Prompted Entirely By The Discovery That Clinton Had Exclusively Used A Private E-Mail System." "But State Department officials provided new information Tuesday that undercuts Clinton's characterization. They said the request was not about general recordkeeping but was prompted entirely by the discovery that Clinton had exclusively used a private e-mail system." (Carol Leonnig and Rosalind Helderman, "State Department's Account Of E-Mail Request Differs From Clinton's," The Washington Post , 9/22/15)

While At The State Department, Top-Level Diplomatic And Technology Security Officials Were Unaware "Clinton's BlackBerry Was Digitally Tethered To A Private Email Server In The Basement Of Her Family Home…" " But unknown to diplomatic security and technology officials at the department, there was another looming communications vulnerability: Clinton's Black­Berry was digitally tethered to a private email server in the basement of her family home, some 260 miles to the north in Chappaqua, N.Y., documents and interviews show." (Robert O'Harrow Jr., "How Clinton's Email Scandal Took Root," The Washington Post , 3/27/16)

  • Officials "Apparently Were Not Told About" Clinton's Secret Server. "Those officials took no steps to protect the server against intruders and spies, because they apparently were not told about it." (Robert O'Harrow Jr., "How Clinton's Email Scandal Took Root," The Washington Post , 3/27/16)

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