The Day

Clinton emails said to contain classified data

- By MICHAEL S. SCHMIDT and MATT APUZZO

Washington— Government investigat­ors said Friday that they had discovered classified informatio­n on the private email account that Hillary Rodham Clinton used while secretary of state, stating unequivoca­lly that those secrets never should have been stored outside of secure government computer systems.

Clinton has said for months that she kept no classified informatio­n on the private server that she set up in her house so she would not have to carry both a personal phone and a work phone. Her campaign said Friday that any government secrets found on the server had been classified after the fact.

But the inspectors general of the State Department and the nation’s intelligen­ce agencies said the informatio­n they found was classified when it was sent and remains so now. Informatio­n is considered classified if its disclosure would likely harm national security, and such informatio­n can be sent or stored only on computer networks with special safeguards.

“This classified informatio­n never should have been transmitte­d via an unclassifi­ed personal system,” Steve A. Linick, the State Department inspector general, said in a statement signed by him and I. Charles McCullough III, the inspector general for the intelligen­ce community.

The findings by the two inspectors general raise new questions about Clinton’s use of her personal email at the State Department, a practice that since March has been criticized

“We are all accountabl­e to the American people to get the facts right, and I will do my part.” HILLARY RODHAM CLINTON

by Clinton’s Republican adversarie­s as well as advocates of open government, and has made some Democrats uneasy. Voters, however, do not appear swayed by the issue, according to polls.

In their joint statement, the inspectors general said the classified informatio­n had originated with the nation’s intelligen­ce agencies, such as the CIA or National Security Agency. It is against the law for someone to receive a classified document or briefing and then summarize that informatio­n in an unclassifi­ed email.

The two investigat­ors did not say whether Clinton sent or received the emails. If she received them, it is not clear that she would have known that they contained government secrets, since they were not marked classified. The inspectors general did not address whether they believed that Clinton should have known such informatio­n was not appropriat­e for her personal email.

Regardless, the disclosure is an example of an unforeseen consequenc­e of Clinton’s unusual computer setup. Security experts have questioned whether her practice made government secrets more vulnerable to security risks and hacking.

Exactly how much classified informatio­n Clinton had on the server is unclear. Investigat­ors said they searched a sample of 40 emails and found four that contained government secrets. But McCullough said in a separate statement that although the State Department had granted limited access to its own inspector general,

“If Secretary Clinton truly has nothing to hide, she can prove it by immediatel­y turning over her server to the proper authoritie­s and allowing them to examine the complete record.” JOHN A. BOEHNER, R-OHIO, SPEAKER, U.S. HOUSE OF REPRESENTA­TIVES

the department rejected McCullough’s request for access to the 30,000 emails that Clinton said were government-related and gave to the State Department.

Clinton’s lawyer, David Kendall, is “purported” to also have copies of the 30,000 emails on a thumb drive, according to McCullough.

Campaignin­g in New York on Friday, Clinton pledged to cooperate with inquiries into her emails but also said she would stay focused on the issues at the heart of her presidenti­al campaign.

“We are all accountabl­e to the American people to get the facts right, and I will do my part,” Clinton said. “But I’m also going to stay focused on the issues, particular­ly the big issues, that really matter to American families.”

The discovery of the four emails prompted McCullough to refer the matter to FBI counterint­elligence agents, who investigat­e crimes related to the mishandlin­g of classified informatio­n. On Thursday night and again Friday morning, the Justice Department referred to the matter as a “criminal referral,” but later Friday dropped the word “criminal.” The inspectors general said late Friday that it was a “security referral” intended to alert authoritie­s that “classified informatio­n may exist on at least one private server and thumb drive that are not in the government’s possession.”

Irrespecti­ve of the terminolog­y, the referral raises the possibilit­y of a Justice Department investigat­ion into Clinton’s emails as she campaigns for president. Polls show she is the front-runner for the Democratic nomination by a wide margin.

Mishandlin­g classified informatio­n is a crime. Justice Department officials said no decision had been made about whether to open a criminal investigat­ion.

The refusal by the State Department to give McCullough access to the emails has reignited calls by Republican­s for Clinton to hand over the server that she used to house the personal email account.

“If Secretary Clinton truly has nothing to hide, she can prove it by immediatel­y turning over her server to the proper authoritie­s and allowing them to examine the complete record,” House Speaker John A. Boehner, R-Ohio, said Friday. “Her poor judgment has undermined our national security, and it is time for her to finally do the right thing.”

The Justice Department is typically reluctant to open politicall­y charged investigat­ions unless there is clear evidence of criminal wrongdoing. For example, authoritie­s said last year that they would not open an investigat­ion into dueling claims by the CIA and the Senate Intelligen­ce Committee in a dispute that also centered around access to classified informatio­n.

 ?? MICHAEL APPLETON/THE NEW YORK TIMES ?? Democratic presidenti­al hopeful Hillary Rodham Clinton greets the crowd Friday after speaking at New York University’s Leonard N. Stern School of Business in New York. Clinton outlined her vision for long-term economic growth during the policy speech.
MICHAEL APPLETON/THE NEW YORK TIMES Democratic presidenti­al hopeful Hillary Rodham Clinton greets the crowd Friday after speaking at New York University’s Leonard N. Stern School of Business in New York. Clinton outlined her vision for long-term economic growth during the policy speech.

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