“Republicans Willfully Misrepresenting Fundamental Facts”: Still Perplexed And Worried About Hillary Clinton’s Emails? Calm Down
Amid the ongoing hysterics over Hillary Clinton’s email server – now turned over to the FBI, along with a “thumb drive” maintained by her attorney David Kendall – it was refreshing this morning that ABC News, at least, appears to understand basic facts about this overblown affair.
In a handy question-and-answer format, the network’s Justin Fishel and Mike Levine explain why the FBI wants to examine the server, namely to ascertain that it contains no classified information, and reiterate what everyone ought to know by now: that despite propagandistic nonsense spread by Republican operatives, the bureau is not undertaking a criminal investigation of Clinton herself.
As noted in the ABC News Q&A:
The Intelligence Community’s inspector general said from the beginning that it made a “counterintelligence referral” — not a “criminal referral” — to the FBI. The main concern was that classified information could be compromised because it was sent over unsecured networks and remained in the hands of Clinton or her legal team, not that any crimes may have been committed, a spokeswoman for the Intelligence Community’s IG previously told ABC News.
But even the comparatively sober ABC News analysis omits crucial facts that seem to have eluded many observers – several of which were outlined by Jennifer Palmieri, the Clinton campaign’s communications director, in a useful briefing she posted on Medium. Yes, it is Palmieri’s job to remind everyone of these facts. And it is the job of journalists to report them – not ignore them – so that readers and viewers can understand this story’s context.
As discussed in this space before, the State Department asked the four Secretaries of State who preceded John Kerry to turn over work-related electronic mail for archiving. Only Hillary Clinton has provided any materials so far, sending over 30,000 emails from her server. According to Palmieri, at least 1,200 of those messages will be returned to Clinton, because State officials say they are wholly personal in nature.
(I still wonder why reporters seem so uninterested in the emails sent by Colin Powell on his personal account, particularly concerning Iraq. Powell insists he didn’t keep any of those messages, but nobody seems too eager to test that convenient assertion.)
Palmieri also addresses the confusion over information that wasn’t classified when Clinton sent it but may have been classified since she left office:
It’s common for information previously considered unclassified to be upgraded to classified before being publicly released [as Clinton’s official emails are being examined, redacted, and released by the State Department]. Some emails that weren’t secret at the time she sent or received them might be secret now. And sometimes government agencies disagree about what should be classified, so it isn’t surprising that another agency might want to conduct its own review, even though the State Department has repeatedly confirmed that Hillary’s emails contained no classified information at the time she sent or received them.
We can expect some partisan figures – like Rep. Trey Gowdy (R-SC) and his fellow Republicans on the House Select Committee on Benghazi – to continue to willfully misrepresent these fundamental facts. Gowdy seems to believe that smearing Clinton, using millions of taxpayer dollars, is his job.
By: Joe Conason, Editor in Chief, Editor’s Blog, Featured Post, The National Memo, August 13, 2015
“Disturbing Events From ‘Behind The Scenes'”: “Criminal Referral Smear”; What Trey Gowdy Knew — And When He Knew It
Suspicion grows that the leaks behind the bungled New York Times “criminal referral” story came from the Republican side of the House Select Committee on Benghazi chaired by Rep. Trey Gowdy (R-SC). First Times public editor Margaret Sullivan hinted that the original “tip” came from “Capitol Hill.” Over the weekend, Rep. Elijah Cummings (D-MD), ranking Democrat on the select committee, revealed proof that Gowdy knew of the (utterly non-criminal) referrals by the inspectors general for the intelligence community and the State Department to the Justice Department, in advance.
Criticizing the stumbling scramble to publish without checking what turned out to be inaccurate information, Cummings complained in an article on the Huffington Post of “a series of inaccurate, partisan leaks designed to attack former Secretary of State Hillary Clinton. Many of these attacks rely on anonymous sources to describe – and often mischaracterize – documents reporters have not seen.” The Maryland Democrat’s post ought to have received much more attention than it has received so far. It offers a disturbing perspective on events from “behind the scenes,” on the day that the Times broke its ill-fated scoop:
On Thursday morning at 10:27 am, my staff received a copy of a letter sent from Select Committee Chairman Trey Gowdy to FBI Director James Comey. To the best of my knowledge, that letter has never been made public.
Chairman Gowdy’s letter warned the FBI Director that the Chairman was aware of a “formal referral” that was made to the FBI “by impartial officials within the Executive Branch” related to “classified information.”
I had no idea then — and still have no idea today — how Chairman Gowdy knew about this referral before everyone else, and his office has refused to respond to my staff’s inquiry.
At 12:03 p.m., the office of the State Department Inspector General (IG) sent an email to staff on several committees with a copy of a memorandum describing its joint work with the Intelligence Community IG reviewing the FOIA process for Secretary Clinton’s emails. This memo did not mention any sort of referral to the Department of Justice.
At 2:30 p.m., my staff and I had a previously scheduled meeting with the State Department IG, so we asked him about Chairman Gowdy’s letter and whether he was aware of any referral.
He told me he never asked the Justice Department to launch a criminal investigation of Secretary Clinton’s email usage. Instead, he said officials from the Intelligence Community IG — not the State Department IG — notified the FBI and Congress that they had identified information they believed was classified in several mails that were part of the FOIA review.
Importantly, the State Department IG made clear that none of those emails had been marked as classified when Secretary Clinton received them.
At 5:44 p.m. that evening, the Intelligence Community IG’s office sent a notification to the Intelligence Committees describing — for the first time — its referral to the FBI. This notification detailed a counter-intelligence referral, not a request for a criminal investigation of Secretary Clinton.
When I woke up on Friday morning and read the news, I was stunned. I immediately issued a public statement and released the congressional notification from the Intelligence Community IG.
I then got on the phone with both IGs from the State Department and the Intelligence Community. They confirmed that they never asked the Justice Department to launch a criminal investigation of Secretary Clinton’s email usage. Instead, they said this was a “routine” referral, and they said they had no idea why the Times story was so flawed.
But Cummings has his own ideas about that problem — and wonders why the Times reporters never checked with him or other Democrats on the committee, who could have corrected the ruinous mistake before publication. Combined with the timeline posted last week by the Clinton campaign’s Jennifer Palmieri, the Cummings post indicates just how irresponsibly this story was handled by the paper of record. Yet so far, the Times‘ editors and proprietors have offered nothing much beyond that public editor’s note — no apology for smearing Clinton, no accountability for any reporter or editor. Just an implausible excuse or two and a deflection of responsibility to those naughty sources, whose identities will of course remain protected. So why shouldn’t they perpetrate more inaccurate smears? They will.
Meanwhile, reporters covering the House might start asking some tough questions of Gowdy and the man who appointed him, Speaker John Boehner. Most likely, they never will.
By: Joe Conason, Editor in Chief, Editors Blog, The National Memo, August 3, 2015
“Gross Failures In Journalism”: The Media Needs To Get Over Its Blind Hatred Of Hillary Clinton
Last week, Hillary Clinton got in one of her periodic fights with the press, extending a long-running battle that has been raging for decades now. In the media corner was The New York Times, which beclowned itself with a false report alleging that Clinton was about to be the subject of a criminal inquiry over emails she sent while at the State Department.
The episode is the latest evidence that the Times needs to take a hard look at its Clinton coverage. But there’s also a lesson here for the broader mainstream media, which needs to get over its blind hatred of the Clintons. It not only leads to gross failures in journalism, but ends up being a massive distraction from the actual scrutiny Hillary Clinton deserves.
It’s worth noticing what a stupendous journalistic faceplant this was. As Kevin Drum points out, pretty much every single word in the original headline was wrong:
Clinton was not a target. The referral was not criminal. The emails in question had not been classified at the time Clinton saw them. When the dust settled, it appeared that the whole thing was little more than a squabble between State and CIA over whether certain emails that State is releasing to the public should or shouldn’t be classified. In other words, just your garden-variety bureaucratic dispute. [Mother Jones]
This isn’t the first time the Times has printed a gravely mistaken story suggesting ethical lapses on the part of a Clinton running for president. Back in 1992, Times reporter Jeff Gerth wrote a story about how the Clintons were involved in a seemingly shady real estate deal called Whitewater. It suggested that the Clintons had gotten a big share of potential profits without putting up much cash, and that Bill Clinton had used his power as Arkansas governor to protect a savings and loan owned by a Whitewater associate from being closed down by the feds.
Just as with the most recent story, about every part of Gerth’s account was wrong or misleading, as Joe Conason and Gene Lyons wrote in their book on the Clinton impeachment, The Hunting of the President. The Clintons actually lost a ton of money on the deal, and the Arkansas government had recommended to the feds that the S&L be liquidated.
But that was only the start of hundreds of Whitewater articles and reports. The political press ditched any notion of objectivity and pursued the Clintons with a deranged, prudish zealotry. These journalists never actually revealed any concrete wrongdoing, but the incessant repetition convinced many that the Clintons must have done something wrong — which eventually led to the appointment of a special prosecutor. The rest is history.
Not much has changed. Much of the centrist press still quite obviously loathes the Clintons. Ron Fournier, the id of centrism, knocks her PR strategy (that is, writing a devastating, accurate takedown of the Times report), insists where there’s smoke there’s fire, and generally makes dim excuses to keep hounding her.
On the other hand, the Times’ atrocious report was caught out almost immediately. Unlike the 90s, there is a reasonably powerful left-leaning press today, and fact-checking can spread rapidly through social media. It is much harder to get away with that kind of lazy hack job on a prominent candidate.
It’s hard to figure out how the Times could have been so incredibly sloppy. But I suspect the traditional media suspicion of the Clintons played a big role. The Clintons’ reputation is so bad that reporters tend to discard their vaunted skepticism the moment a bad piece of news about them comes over the transom.
And that, as we see, leads to disastrous mistakes. A story that confirms a strong prior belief is exactly the point at which journalists ought to be at their most skeptical.
And perhaps more importantly, this annoying, narcissistic media spectacle is proving to be an enormous distraction from the important task of actually reporting on Hillary Clinton. There are all manner of things to cover, from her poor choice in advisers, to her foreign policy views, and yes, even the deleted emails from her years at the State Department. Just make sure to actually, you know, check the facts before hitting publish.
By: Ryan Cooper, The Week, August 3, 2015
“A Clear Stake In The Issue”: The Media Is Obsessed With Hillary’s Emails Because The Media Is Obsessed With Stories About Itself
That the email controversy surrounding Hillary Clinton is still raging after nearly two weeks has awakened in Democrats a familiar dread. Nobody expected Republicans to give Clinton an easy time, but some of her supporters clearly hoped that time and experience had changed the way the press would adjudicate scandal accusations, or at least had diluted old suspicions so that the Clintons, their political enemies, and the media wouldn’t combine to form such a toxic brew.
As TPM’s Josh Marshall wrote, “the email story is shaping up to be another classic Clinton scandal. On the merits, the hyperventilation seems way out ahead of the actual facts…. And yet here we are again—with an almost infinite, process-driven scandal that can easily continue on into a Clinton presidency, if there is one…. Always a dance, always drama.”
The ingredients of this particular drama lend themselves to unending innuendo and recrimination. Clinton and her lawyers controlled all of her State Department–era emails, decided amongst themselves which to hand over to the government, and will presumably resist all GOP efforts to peek into the remainder, assuming they’re still retrievable. Republicans can thus whip the paranoid/birther contingent of their coalition into a state of permanent suspicion by projecting whatever malfeasance they want on to the missing emails.
But I think the nature of the email story makes it a poor proxy for gauging the relationship Clinton’s campaign will have with the press going forward. Keep in mind that this isn’t the first Clinton error Republicans have tried to exploit. When the press has taken GOP Benghazi accusations seriously, it’s gotten burned. Republicans have more credibly tried to raise questions about Clinton’s big dollar speeches and Clinton Foundation fundraising practices, but none of these stories have captured the press’ interest quite like the email controversy.
What distinguishes the email controversy is that it intersects in obvious ways with the professional interests of the same political press corps that will cover Clinton throughout the presidential campaign. It’s such big news because the news itself has a clear stake in the issue. The national press corps doesn’t generally expend a tremendous amount of energy holding senior bureaucrats to the letter of records-keeping protocols, or worrying about how much public business government officials are conducting on private email accounts—though perhaps they should.
But when reporters learned that the most public and politically aspirant of these officials had it in her power to deprive them of records to which they should be entitled, those reporters, quite predictably, responded not just as reporters but as representatives of their trade. This isn’t just any old process story, but one which practically invites reporters to miscalibrate in expressing industry outrage.
It’s also an old phenomenon, and one Clinton really should have anticipated. She hadn’t left Foggy Bottom for more than five months when the same press corps erupted over the revelation that, while conducting a leak investigation at the State Department, the DOJ had used a secret warrant to seize Fox News reporter James Rosen’s emails.
The press was correct to criticize that particular tactic, but in so doing it revealed a kind of shallowness about itself. It didn’t object to DOJ intimidation per se, but to the fact that a reporter rather than a mere civilian had been the target. If Rosen had been an imam in Michigan or a political dissident, the White House briefing room would have been mostly silent about it.
Instead they made it front page news, and forced the administration to examine itself to such great effect that Attorney General Eric Holder now considers the DOJ’s conduct toward Rosen his greatest regret. My hunch is that Hillary Clinton will have to put herself through a similar reckoning before the press lets go of the email story.
Assuming she does, though, I don’t think we can say with any certainty that it will set a tone for the media’s overall coverage of Clinton’s campaign. And as a political issue of its own, the email controversy will probably prove to be self-limiting. Republican presidential hopefuls like Jeb Bush and Scott Walker have email problems of their own—which, unsurprisingly, are a much bigger deal to in-state reporters in Florida and Wisconsin than to the national press corps that has been covering Clinton. Moreover, if Republicans in Congress allow their questions about Clinton’s emails to morph into a witch hunt, they’ll turn her into a martyr.
This particular Clinton drama is sui generis. Which means we’ll have to wait until the next imbroglio to learn whether the media and the Clintons will get along better this time around than they did in the 1990s.
By: Brian Beutler, The New Republic, March 16, 2015
“Look Over There!”: The Plot Thins On The Clinton Email ‘Scandal’
So over the weekend, the Times, which had already walked back some of the wilder implications of its Hillary Clinton-email reporting, did so just a little bit more. It did it under a provocative (though basically defensible) headline that tried to make it sound like the plot was thickening, but in fact this plot is thinning faster than Tony Blair’s hair (seriously, have a look). What began life two weeks ago as another “Clintons play by their own rules” mega-scandal is now pretty clearly devolving into a “what do you expect, it’s the government” saga that is about as dog-bites-man as it gets.
The Times headline, on A1 Saturday, proclaimed: “Emails Clinton Said Were Kept Could Be Lost.” The article, co-bylined by the reporter who broke the original story and another, reported that the State Department did not start automatically archiving the state.gov email traffic of deputies until February of this year. This bit of information came from department spokeswoman Jen Psaki, who discussed this at her daily briefing the day before (i.e. last Friday).
Now. Remember what Clinton had said at her UN press conference last week—that even though she used a personal address, everything she wrote to her deputies’ state.gov addresses was archived: “The vast majority of my work emails went to government employees at their government addresses, which meant they were captured and preserved immediately on the system at the State Department.”
She’s right that they were captured, but that doesn’t mean they were archived, according to what Psaki said Friday. So the Times put those two factoids together and produced its Saturday piece, the most dramatic possible reading of events, which opened by informing readers that contrary to what Clinton had said, not everyone at State was required to archive their email correspondence, so maybe some of those emails she told us had been preserved had quite possibly not.
It’s a defensible news story. But here’s the thing. If you read farther down into the article—and certainly, if you read the transcript of Psaki’s Friday briefing—the picture that is very clearly beginning to emerge here is one of a lumbering department (is there any other kind when it comes to matters like this?) taking a long time (shocking!) to get itself into compliance with regulations and laws. Toward the end of the Times article, it quotes experts saying the kinds of throw-up-your-hands things that people say when they think a situation is unfortunate but not genuinely a scandal (“it really is chaos across the government in terms of what agencies do, what individuals do, and people understand that they can decide what they save and what they don’t”).
As for the State briefing, here’s what happened. Psaki fielded a question that went: “You had said that you would check—yesterday, you said a couple of times that you’re now automatically archiving…the emails of certain principals.” Psaki said yes, that process started in February of this year (there’s your news). Somebody else asked, naturally enough, why not until February of this year:
Psaki: “Out of an effort to continue to update our process. Our goal, actually, is to apply an archiving system that meets these same requirements to all employee mailboxes by the end of 2016. So it’s only natural that you’d start with the Secretary, which we did in 2013; that you would progress with other senior Department officials, and we’ll continue to make—take steps forward.”
Then somebody asked, again naturally enough, why not sooner. “I’m sure,” she said, “if we had the technical capability to, we would have, and it’s just a process that takes some time.” And then later: “This has been a process that’s been ongoing, and obviously, it’s not only time-consuming and requires a lot of effort on the part of employees to do it in other ways, but they have long been planning to do this. It’s just something that it took some time to put in place.”
You get the idea. Anybody shocked to hear those words? A government agency got a directive, and it’s taking a long time to implement it!
Now, you can blame Hillary Clinton for all this if you want to. She was the boss, and in some sense the buck stops at the boss’s desk. But don’t you think the secretary kinda has bigger things on her mind than this? “Hey, Steinberg, forget Middle East peace and Russia and just go find out where we are on compliance with that 2009 National Archives and Records Administration directive!”
In other words—a lot of what has happened here would probably have happened no matter who was secretary of state. If the secretary had been John Kerry then or Dick Holbrooke or whomever—why, even if it had been Clinton scold Maureen Dowd!—the department would almost surely have operated exactly as it did in terms of regulatory compliance. So, if some of these records weren’t preserved, it wasn’t a Clinton thing. It was a State Department thing.
Now obviously, the issue of whether we can trust that Clinton and her staff made an honest effort of determining which of her emails were public and which were private remains. That’s a fair question, although it’s one we’ll probably never know the answer to (just as we’ll never know it with Jeb Bush). As I wrote previously, Clinton needs to learn some lessons from this episode, and one is that suspicions will linger about her.
She ought to be cognizant of this. Not long after she becomes a candidate, for example, she ought to say that this episode has taught her about the importance of transparency and propose that if she is president, her administration will set up a system by which some kind of independent third parties will go through high-level officials’ emails to determine what is and isn’t public. This would constitute direct acknowledgement that she gets why that looks funny to people, and it would not only put the whole thing to bed, she’d get actual points.
But in the meantime, here’s what we’ve learned. On March 2, when the story broke, this was dynamite—a scandal that might prevent Clinton from even getting in the race. Then it emerged that the original Times report overstated things a little. Then it emerged that all kinds of other former secretaries of state and cabinet officials do more or less what Clinton did (some quite a bit less). Then it emerged that Jeb Bush took seven years to release all his emails and chose which ones to put out just like Clinton did. Then it emerged that other Republican candidates also have transparency issues at least the equal of Clinton’s. And finally, it emerged last Friday that the State Department performs certain administration functions rather slowly.
And remember, the only reason we’re going through all this anyway is that the Republicans, who’ve investigated Benghazi six ways to Sunday and come up with nothing on her, are now taking rocks they’ve already turned over and turning them back over. The whole Gowdy committee is nothing but a capital-P Political sting operation. It’s clearer than ever now that this is a committee to investigate Clinton that has one job and one job only: find something, anything, that might keep her out of the White House.
By: Michael Tomasky, The Daily Beast, March 16, 2015
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