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Manafort texts Flynn lawyer U.S. v. Lev Parnas Henry Kyle Freese DOJ OIG rep
with Sean Hannity requests Mifsud… Et Al Indictment indictment
Washington
Michael Kor
phones

The Honorable
Charles Grassley, Chairman
Committee on Finance
Washington, DC 20510

Dear Mr. Chairman:

Thank you for your letter of January 30 relating to the Department o f Sta
handling of classified i nformation pertaining to former Secretary o f State
emails. This letter is to follow-up on the Department s June 5 letter on th

The Department has completed it s administrative review of the handling o

information relating to emails located on former Secretary of State Hillary
server and adjudication of potential security incidents. Please find enclos
summarizing the Department s review o f his matter. Should the Departm
the future o f any additional classifi ed emails sent through former Secretar
Departmen t will likewise follow appropriate procedures.

Sincerely,

~ ~or
 Assistant Secretary
Bureau of Legislative Affair

Enclosure: As stated.

------ ·--··-- - ' _

UNCLASSIFIED
DS Report on Security Incidents Related to
Classified Emails sent to ormer Secreta
Clinton s Private Email Server
S Office o f Information Security
Program Applications Divisio n
DS/IS/APD

of
US Department State

September 13 2019

UNCLASSIFIED
 UNCLASSIFIED

PURPOSE

This report was prepared by the Program Applications Division (DS/IS/A

Office oflnfonnation Security (DS/SI/IS), Bureau o f Diplomatic Security
document the process by which several thousand potentially classified em
former Secretary of State i ary R. Clinto n s private, non-US governmen
assessed to determine if any represented security incidents in accordance w
State s (DoS) Securi ty Incident Program as published in 12 FAM 550. Wh
APD to document se curity incident investigations or groups o f related sec
investigations in a comprehensive report, the exceptional nature o f his ev
interest in its outcome justifies its production.
Attachment:
DS/IS/APD Administrative Timeline

UNCLASSIFIED

UN

I. BACKGROUND

In December 2014, representatives o f form

Department of State with roughly 33,000 i
from her private email server during her te
ongoing Freedom oflnformation Act (FOI
emails was classified at the time o f the FO
as to whether there was information that sh
emails were sent.
In March of 2016 following significant di
(FBI) directed DoS to hold in abeyance an

mishandling o f classified information. In J

completed its investigation and the APD a

Over the nex t thirty-eight months, APD st

documents, received hundreds o f individu
and present DoS employees and senior off
i f any o f he emails unde r revi ew represen
information, and (2) if, in the instance o f s
bear individual culpability.

IT PROCESS

The purpose of the Department 's Security

classified information by identifying, eval
security. The program implements require
National Security Information (E.0. 13526
the Information Security Oversight Office
Administration (NARA), the oversight ent
incident found in 12 FAM 550 reflects the
categorized as either violations or infractio
An incident is categori zed as a violation w
could reasonably be expected to resul t in t
An incident is categorized as an infraction
information but co uld not reasonably be ex
classified information. Any introductionUN o
system or network th at results in its transm
violation.
As such, the program helps ensure that info
The Program Applications Division (DS/I
individuals learn from their errors so that th
DoS Security Incident Program. That prog
When a potential failure to properly safegu
to enhance the protection o f classified info
an investigation in an attempt to establish t
responsibility
occurred for breaches
(validity), and 2) o f security.
whether Ad
individ
Department with- remedial instruction and
(culpability).

In establishing validity, APO must determi

UN
failure to safeguard classijiecf' informati
particular document or email was actually
extensive internal experience, input from t
matter experts to make this determination.
valid incident, either because the reported c
because it cannot be established that the in
potential incident, it is dismissed as unfoun

If validity can be established, APD will the

the case as understood by APD will be pre
individual culpability so that they are made
investigation and its potential outcomes, an
that they would like considered prior to adj
individual culpability but do not invalidate
culpable (VnC) .

If validity and culpability are both clearly e

and the individual is notified of he outcom
which to submit a written appeal of the adj
Reconsideration to the initial adjudication
Director may affinn the adjudication, down
or invalidate the incident. The individual i
is no further appeal o f the adjudication

n the case ofDoS employees, valid violati

Discipline Division of the Bureau of Huma
Personnel Security and Suitability (DS/SI/
State employee, the violation is referred to
individual infractions are not, but accrued
UNi
infraction represents a third or subsequent
time without compromising the integrity o
ID. METHO OLOGY
involved.
The review of information referred to APD
Initially, in the summer and fall o f 2016, A
timing, complexity, and other factors descr
each email assessed by the DS Assistant Se
forth in 12 FAM 550, but needed to deploy
(DSCRP) to have been classified at the tim
documents and other factors to complete th
Within the thousands o f individual email d
UN
additions to individual email conversations
sometimes they diverged and branched. A P
into distinct e mail conversations.

documentation were identified, APD revie

individuals introduced classified informati
information along. This review process beg
in October, at the request o f he FBI, befor

The initial approach to the categorization o

responsible for the introduction o f classifie
transmitted outside ofDoS control, would

who simply forwarded that information on

provisional approach for assessing infracti
very quickly became clear that it would be
reasonably be expected to know that conte
by the originator. By the end o f the pr:oces
potential violations for individuals who int
classified at the time it was sent.

Once the documentation was sorted, APO

first on those individuals who communicat
on other individuals who were sti DoS em
longer DoS employees. These reviews we

In April and May o f 2019, the DS Front O

assessed to contain classified information.
documents was muc~ greater than the initi
process led to significant efficiencies inUN re
reviewed and sorted these documents from
contacting individuals on July 22, 2019 to
adjudicative decision.
accordance with In casesregulations.
Department where the in T
and could
thereby not be reached
concluding or was entirely
the investigative un
and ad
adjudication was placed in that individual s
In the case o The
DS/SI/PSS. f ndividuals who were
letter included either
a notat ion
implemented
they a slight
become aware o fmodification to the
t. Tiris allows PDap
has ten days
protecting to contact the Director o f he
the individual s right to appeal s
future date.
UN
IV CH LLENGES

The unprecedented nature and scale of this

staffs accomplishment o f his effort. Spec

Scale

Fitst, and perhaps most obvious, is the she

a single email, not thousands o f hard-copy
caused considerable delay to the effort.

Information not marked as classified

A typical security violation involves pre-m

contemporaneously with the incident. Non
classified.
Severe Break in Time between Incident an

The significant break in time (five to nine y

they were reviewed posed several serious c

Typically, PD has access to the relevant

itself. This makes it easier to -schedule inte
underlying ev ents are still fresh in their me
are readily available to assist in making an

The break in time had the additional effect

interviewed a t all, s they have moved on f

The DoS Security Incident Program is des

not inherently punitive. There is a natural
UN p
is either recalcitrance or an egregious disre
allow for this progression. Individual insta
occurred, would be addressed in successio
individual did not have the benefit o f an in
Individual Perception at Time o f Sending a
behavior to avoid subsequent incidents inv
In a spillage event that involves the transm
marked as classified, the perception o f the
In this case, APD did not have contempora
assessment o f classification was made yea
UN
culpability extremely difficult

. APD also does not typically adjudicate act

classification authority (OCA). I f an indivi
declares that they made an active determin
time, it is generally not feasible or appropr
however, ign ore a classification determina
someone else, and they are aware o f that e
not assumed to be aware o f instances wher
another OCA but not documented.

Similarly, with respect to Foreign Governm

information provided to the United States
governments, an international organization
expectation that the information, the sourc
confid ence, the ultimate determination o f
government provided information wit the
U.S. g overnment interlocutor with the fore
whether and how the foreign government i
confidence. Accordingly, the adjudication
individuals who held the communications

V. ADJUDICATIVE RESULTS T
A P D s administrative review o f the HRC e
violations attributable to 38 individuals. A
where no individual was found to bear cul
determination.
UN
Total Valid Violations Adjudicated: 9
Total VnC: 497
individual incidents consistent with 2 FA
VI. CONCL
incidents USIONS / OBSERVA
were representative o f a l arger p

The APD effort

deliberate meanstotoevaluate potentially
handle classified cla
infor
consideration o f the broader context has yi
private email server in the context o f he D
person-hours o f review
The Use o f Personal and to
Email investigative
conduct Offe
past and present
Unauthorized DoS employees, and cond
Disclosure

It was AP D s determination that the useUN

of
added an increased degree o f risk o f comp
monitoring and intrusion detection capabil
private email system itself did not necessa
being transmitted on unclassified systems,
classified information upon it carried an in

APD Uncovered No Persuasive Evidence

Introduction o f Classified Informat ion t U

While there were some instances o f classi

an unclassified system in furtherance o f ex
were aware of security policies and did the
Correspondence with the Secretary is inhe
interpretation as t classification, particula
Instances o f classified information being d
rare exception and resulted in adjudicated
o f systemic, deliberate mishandling o f clas

Department of State's Review of Class

Personal Server and Asses

Dec2014 Former Secretar

emails from her
determine wh ich
A p r - M ay 2 0 1 5 Initial FOIA rev
UN
and classifiable
National Securit
May22,2015 First FOIA relea
emails on the pu
(httns://foia.state
Mav27,2015 State received co

Feb 8, 2016 State/DS reques

administrative a
information may
Feb 29, 2016 FOIA review o f
makes onl ine no
Mar 8, 2016 FBI directs State
further notice.
Jul 5, 2016 FBI announces c
Jul 17,.2016 DS/IS/APD resu
securitv incident
July-August 2016 FBI provides Sta
State beains its r
October 7 2016 State commence
posting online an
Dec 16, 2016 Tue Department
and n = a r e s to b
Jun 15, 2017 FBI provides Sta
investigation wh
Clinton's orivate
Dec 29, 2017 FOIA review o f
Jul y 23, 2018 Initial DS securi
additional docum
Sep 28, 2018 FOIA review o f
2016 related to t
Anr-Mav, 2019 DS/IS/APD take
 May 10, 2019 DS/IS/APD beg
July 22, 2019 DS/IS/APD begi
transmitting clas
Sep 6, 2019 DS/IS/APD' conc
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Related Interests

Classified Information Classified Information In The United States

Information Security Freedom Of Information Act (United States)

United States Government

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