In her first national interview of the 2016 presidential campaign, Hillary Clinton falsely claimed that "all" Republican presidential candidates "don't want to provide a path to citizenship," and she distorted the facts on her exclusive use of private email as secretary of state.
Two GOP candidates — Sens. Lindsey Graham and Marco Rubio — voted to overhaul the immigration system, including to provide a path to citizenship. Both have recently reiterated their support for eventually allowing people now living here illegally to become U.S. citizens.
As for her use of personal emails to conduct official business, Clinton made a few comments that distorted the facts:
Clinton was interviewed by CNN's Brianna Keiler on July 7. She discussed a range of topics, including illegal immigration and the controversy surrounding her use of private emails while serving in President Obama's cabinet.
When asked about Donald Trump's remarks about Mexicans, Clinton said the Republican presidential candidates "are all in the — you know, in the same general area on immigration. They don't want to provide a path to citizenship." That's not accurate.
At least two declared Republican candidates — Sens. Lindsey Graham and Marco Rubio, both of whom voted for the 2013 Senate immigration bill that included a path to citizenship — have said that they favor providing citizenship for the millions of immigrants currently living in the U.S. illegally.
In May, Graham told USA Today that he "absolutely" favors a path to citizenship.
Graham's campaign website also explains his position on a path to citizenship:
Likewise, Rubio, since at least April, also has said that he would support allowing immigrants illegally residing in the U.S. to become citizens after certain steps are taken. Here's what hesaid in an interview with Bob Schieffer, then the host of CBS' "Face the Nation":
Rubio reaffirmed his support for a path to citizenship during a "Conversation with the Candidate" forum in New Hampshire on June 26. He answered "I do" when a questioner asked if he supports "a path to citizenship for immigrants who are in the United States but are here illegally." (Jump to the 2:40 mark in this WMUR News 9 video.)
Rubio went on to explain that he would only do so if the U.S. takes the same steps, such as securing the border and creating an electronic verification system, that he previously outlined.
Clinton, who was secretary of state from January 2009 to February 2013, also discussed her exclusive use of a personal email account when sending and receiving emails about official government business. Her unusual email arrangement, which included the use of a private email server, became public in March — several months after the State Department in October 2014 sent letters to the last four secretaries of state requesting any work-related emails that they may still have in their possession.
Clinton's office has said she turned over 30,490 printed copies of emails totaling about 55,000 pages — estimating that more than 90 percent of those emails went to federal employees on the government email system. It also said that 31,830 "private, personal records" were destroyed.
We asked the Clinton campaign what she meant when she said that she "didn't have to turn over anything" to the State Department. It referred us to a previous statement released by Clinton's office, specifically an excerpt that explained how Clinton complied with the department's request.
But that didn't answer our question. And the fact is that Clinton should have preserved the emails before she left office.
The State Department policy on preserving emails dates to 1995 after the National Archives and Records Administration issued government-wide regulations on emails. The NARA issued its final rule on Aug. 28, 1995, saying "agencies must put into place policies and procedures that ensure that e-mail records are identified and preserved."
Two months later, the State Department updated its Foreign Affairs Manual to include policies for preserving emails.
Under a section titled "Principles Governing E-Mail Communications," the manual said, "All employees must be aware that some of the variety of the messages being exchanged on E-mail are important to the Department and must be preserved; such messages are considered Federal records under the law." Under a section titled "How to Preserve E-Mail Records," the manual said: "Until technology allowing archival capabilities for long-term electronic storage and retrieval of E-mail messages is available and installed, those messages warranting preservation as records (for periods longer than current E-mail systems routinely maintain them) must be printed out and filed with related records."
In 2009, NARA specifically addressed the issue of emails "created or received outside of official electronic systems maintained" by the federal government, according to Jason R. Baron, a lawyer at Drinker Biddle and a former director of litigation at the National Archives.
In a letter to the Senate Committee on the Judiciary, Baron quoted from the 2009 NARA regulations: "Agencies that allow employees to send and receive official electronic mail messages using a system not operated by the agency must ensure that Federal records sent or received on such systems are preserved in the appropriate agency recordkeeping system."
The NARA regulations also require federal departments and agencies to maintain an NARA-approved schedule for the disposition of federal records, including emails sent and received from personal email accounts.
The State Department says its Records Disposition Schedule "provides mandatory instructions for the retention and disposition (retirement or destruction) of each records series based on their temporary or permanent status." Chapter 1 of the schedule covers the secretary of state. It says, under "Secretary's Miscellaneous Correspondence File," that "incoming and outgoing correspondence and memorandums on substantive U.S. foreign policy issues" should be permanently retained "at the end of the Secretary's tenure or sooner if necessary."
In an email to us, Baron wrote that Clinton had a "duty" to turn over her emails, even after she left office.
"One might interpret Secretary Clinton's remarks [on CNN] as her saying that there was no court order or subpoena to turn emails relating to government business back to the State Department after she left office, and so she acted within her discretion in doing so," he wrote. "But the fact that she acted in response to an informal letter request from State rather than under more formal legal compulsion doesn't change the fact that she had a continuing duty to return government records into government custody at all times since leaving her position as Secretary of State."
Clinton has taken the position that she complied with department policy because "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."
Baron, in his letter to the Judiciary Committee, disagreed. He said it is an "erroneous assumption" that emails "sent to or received from a '.gov' address, are being automatically preserved 'somewhere' in a federal agency." He said, "Very few federal agencies have implemented an automated system for archiving email."
"For example, at the State Department, the so-called 'SMART' system apparently has been used in a fashion (at least until recently) where only a tiny percentage of e-mail communications were tagged as records in an electronic archive repository," Baron wrote.
The State Department has said that Secretary John Kerry's emails are now automatically preserved, but that was not the case under Clinton.
In her interview, Clinton also said that "[p]revious secretaries of state have said they did the same thing." And then later, she again said, "And as I said, prior secretaries of state — I mean, Secretary Powell has admitted he did exactly the same thing."
Clinton is mistaken in her use of the plural "secretaries," and Powell didn't do "exactly the same thing."
State Department spokeswoman Jen Psaki has said that the department sent letters to previous secretaries Madeleine Albright, Colin Powell and Condoleezza Rice. Only Powell used personal email for official business.
Although Powell did acknowledge that he used personal email for official business, there's no evidence that he — or any other previous secretary of state — maintained emails on a personal server.
As she has said in the past, Clinton suggested that she did not use a government email account because that would have required carrying around two devices.
Clinton said "people across the government knew that I used one device — maybe it was because I am not the most technically capable person and wanted to make it as easy as possible." She later said, "I had one device. When I mailed anybody in the government, it would go into the government system."
She did not have one device for sending emails. She had two — a Blackberry and an iPad — according to the Clinton emails released so far by the State Department.
It has long been known that Clinton used a Blackberry, as captured in an iconic photo she used on Twitter. But the Associated Press reported in March that Clinton used an iPad to send and receive some emails. Since then, the State Department has released Clinton emails that include at least one, shown below, that Clinton sent from her iPad.
In the Associated Press article, Clinton spokesman Nick Merrill said the candidate used the iPad primary to read articles, not to send emails. The Clinton campaign reiterated that point, adding that the iPad didn't exist until 2010 — a year after Clinton had made her choice to use a personal email account to exclusively conduct business.
But the fact remains that she carried around two devices capable of sending emails and she did use both for sending emails — despite what she told CNN.
As Gowdy pointed out, Clinton did receive a House subpoena on March 4, and it was wellreported. But Clinton's denial came in response to a question about deleting emails "while facing a subpoena," and Clinton objected to Keiler's "assumption." Clinton's campaign said that the emails were deleted before she received the subpoena and that was the point Clinton was making.
Here is the exchange between Keiler and Clinton:
In a Q&A issued on March 10, Clinton's office said it turned over copies of her work-related emails to the department on Dec. 5, 2014. It said, "Secretary Clinton chose not to keep her private, personal emails that were not federal records."
Clinton campaign spokesman Nick Merrill issued a statement in response to Gowdy's comments that read:
— Eugene Kiely and D'Angelo Gore