WASHINGTON – Senator Chuck Grassley, Chairman of the Senate Judiciary Committee, is raising concerns with the executive branch’s handling of classified information that is known to be out of the control of the federal government.
“It’s a serious breach of national security if the United States government fails to secure classified material in the hands of people not authorized to possess it, no matter who they are. There are fundamental questions as to what the FBI is doing to securing these classified emails and why the State Department is not fully cooperating with the inspectors general at the State Department and the Intelligence Community to ensure that all of the appropriate emails are identified,” Grassley said. “It’s important to make sure that politics aren’t taking precedence over national security.”
In a letter to the Federal Bureau of Investigation (FBI), Grassley asked Director James Comey to explain what the Bureau is doing to ensure that classified information within 30,000 Clinton emails known to be on a thumb drive of former Secretary of State Hillary Clinton’s personal attorney, David Kendall, is secured and not further disseminated.
Grassley subsequently sent a letter to Secretary of State John Kerry asking why the agency isn’t providing the State Department and Intelligence Community inspectors general with full access to the 30,000 Clinton emails. In the letter Grassley wrote that, “The State Department’s refusal to fully cooperate in this matter is extremely troubling given the risk that national security information is not being adequately protected.”
A copy of the text of Grassley’s letters to the FBI and the State Department are below. A signed copy of the FBI letter can be found here and the State Department letter can be found here.
July, 24, 2015
VIA ELECTRONIC TRANSMISSION
The Honorable James B. Comey, Jr.
Director
Federal Bureau of Investigation
935 Pennsylvania Avenue, NW
Washington, D.C. 20535
Dear Director Comey:
The Inspector General of the Intelligence Community (IC) and the Inspector General of the State Department (State OIG) recently notified the FBI and several Intelligence Community agencies of a compromise of national security information in connection with Hillary Clinton’s use of a non-governmental email server while Secretary of State. Specifically, in a sample of 40 of Secretary Clinton’s emails IC identified four containing classified IC-derived information. These recent revelations raise important questions about the role the Federal Bureau of Investigation (FBI) has taken and will continue to take in this matter. In addition, a notification from the IC indicates that these classified emails existed on a thumb drive and may exist on a server. According to a briefing provided today by the IC and State OIGs, former Secretary Clinton’s personal attorney, David Kendall, was in possession of the thumb drive at the time of the notice to the FBI and other IC components. This raises very serious questions and concerns if a private citizen is somehow retaining classified information.
Accordingly, please explain whether Mr. Kendall had the requisite security clearance and authorization to be the custodian of classified national security information. If not, please explain what steps the FBI has taken or plans to take to secure and prevent further dissemination of the classified information contained on the thumb drive. In addition, what steps are being taken to hold anyone in this matter accountable for unauthorized possession of classified material?
If you have any questions, contact XXXXX my Committee Staff at (202) 224-5225.
Sincerely,
Charles E. Grassley
Chairman
Committee on the Judiciary
VIA ELECTRONIC TRANSMISSION
The Honorable John F. Kerry
Secretary of State
Office of the Secretary
United States Department of State
2201 C Street, N.W.
Washington, D.C. 20520
Dear Secretary Kerry:
The Inspector General of the Intelligence Community (IC OIG) and the Inspector General of the State Department (State OIG) recently notified the FBI, State Department, and several Intelligence Community agencies of a compromise of national security information in connection with Hillary Clinton’s use of a non-governmental email server while Secretary of State. Specifically, in a sample of 40 of Secretary Clinton’s emails, the IC OIG identified four containing classified information. According to IC OIG and State OIG, both requested a copy of Secretary Clinton’s 30,000 emails in the State Department’s possession. This request was made so that they could “perform sampling and render an independent determination of the sufficiency of internal controls being implemented by State FOIA to protect classified national security information.”
In response, the State Department refused to provide State OIG with copies of the 30,000 emails. In addition, the State Department wholly rejected the IC OIG’s request asserting that it lacks jurisdiction, a claim with which the IC OIG rejects. The State Department’s refusal to fully cooperate in this matter is extremely troubling given the risk that national security information is not being adequately protected.
Accordingly, please provide a written explanation of why the State Department refuses to provide State OIG and the IC OIG with copies of the 30,000 emails.
Please respond no later than August 10, 2015. If you have any questions, please contact XXXXX my Committee staff at (202) 224-5225. Thank you for your cooperation in this important matter.
Sincerely,
Charles E. Grassley
Chairman
Committee on the Judiciary
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