Skip to content

Get Judicial Watch Updates!

DONATE

Judicial Watch • JW v State Hillary interrogatories 01363

JW v State Hillary interrogatories 01363

JW v State Hillary interrogatories 01363

Page 1: JW v State Hillary interrogatories 01363

Category:

Number of Pages:30

Date Created:August 30, 2016

Date Uploaded to the Library:August 30, 2016

Tags:Awareness, boswell, interrogatories, blackberry, clintonemail, Business, Assistant, official, personal, exhibit, 01363, hillary, email, unclassified, Benghazi, Hillary Clinton, Secretary, clinton, Obama, State Department, account, records, department, FOIA


File Scanned for Malware

Donate now to keep these documents public!


See Generated Text   ∨

Autogenerated text from PDF

THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
Plaintiff,
U.S. DEPARTMENT STATE,
Defendant.
Civil Action No. 13-cv-1363 (EGS)
PLAINTIFF INTERROGATORIES FORMER U.S. SECRETARY STATE HILLARY RODHAM CLINTON
Plaintiff Judicial Watch, Inc., pursuant the Court August 19, 2016 order and Rule the Federal Rules Civil Procedure, submits the following interrogatories answered
under oath former U.S. Secretary State Hillary Rodham Clinton.
INSTRUCTIONS AND DEFINITIONS
Your answers these interrogatories should include information within your
actual constructive possession, custody, control, including information which may held your attorneys, representatives, all persons acting under, by, through you, subject your
control supervision, and all persons acting your behalf. you cannot answer interrogatory fully and completely, answer much
you can and provide all facts upon which you rely support your contention that you cannot
answer fully and completely. you object any portion interrogatory, but not the entire interrogatory,
identify the specific portion the interrogatory which objection made and answer the
portion the interrogatory which objection made. you object any interrogatory the grounds that the interrogatory overly
broad unduly burdensome, answer the interrogatory providing all information that not
alleged overly broad unduly burdensome and identify the nature, quality, quantity,
volume the withheld information and the effort that would required provide the withheld
information. you object any interrogatory the grounds that the interrogatory calls for
information that subject claim privilege, state the privilege that claimed apply and
identify all information sufficient permit Plaintiff contest the claim privilege and
permit the Court reach determination concerning the validity the claim privilege,
together with the factual and legal basis for the claim privilege.
And and are construed both conjunctively and disjunctively,
necessary, make the interrogatory inclusive rather than exclusive. Similarly, any use the
singular shall also mean the plural and vice versa, give the interrogatory its broadest possible
meaning.
The definitions provided below are hereby incorporated into each interrogatory
which the term appears:
Clintonemail.com email system refers the email system, server(s),
provider(s) and infrastructure that hosted any email account with the domain name
clintonemail.com.
Clintonemail.com account refers any email address with the domain
name clintonemail.com.
Communication refers any transmission, conveyance, exchange
information, whether facts, ideas, inquiries, otherwise, and regardless form, method,
medium. shall include, without limitation, any conference, contact, conversation,
correspondence, discussion, email, internet posting, instant message, letter, meeting, telegram,
telefax, text message, tweet, voice mail message.
Department State Department refers the U.S. Department
State, the defendant this action.
FOIA refers the Freedom Information Act, U.S.C. 552.
INTERROGATORIES
Describe the creation the clintonemail.com system, including who decided
create the system, the date was decided create the system, why was created, who set up,
and when became operational.
Describe the creation your clintonemail.com email account, including who
decided create it, when was created, why was created, and, you did not set the
account yourself, who set for you.
When did you decide use clintonemail.com email account conduct official
State Department business and whom did you consult making this decision?
Identify all communications which you participated concerning relating
your decision use clintonemail.com email account conduct official State Department
business and, for each communication, identify the time, date, place, manner (e.g., person,
writing, telephone, electronic other means), persons present participating, and
content the communication. Minutes interview aired July 24, 2016, you stated that was
recommended you use personal email account conduct official State Department business.
What recommendations were you given about using not using personal email account
conduct official State Department business, who made any such recommendations, and when
were any such recommendations made?
Were you ever advised, cautioned, warned, was ever suggested, did you
ever participate any communication, conversation, meeting which was discussed that
your use clintonemail.com email account conduct official State Department business
conflicted with violated federal recordkeeping laws. For each instance which you were
advised, cautioned warned, which such suggestion was made, which such
discussion took place, identify the time, date, place, manner (e.g., person, writing,
telephone, electronic other means), persons present participating, and content the
advice, caution, warning, suggestion, discussion.
Your campaign website states, When Clinton got the Department, she opted
use her personal email account matter convenience. What factors other than
convenience did you consider deciding use personal email account conduct official
State Department business? Include your answer whether you considered federal records
management and preservation requirements and how email you used conduct official State
Department business would searched response FOIA requests.
After President Obama nominated you Secretary State and during your
tenure secretary, did you expect the State Department receive FOIA requests for
concerning your email?
During your tenure Secretary State, did you understand that email you sent received the course conducting official State Department business was subject FOIA?
10.
During your tenure Secretary State, how did you manage and preserve
emails your clintonemail.com email account sent received the course conducting
official State Department business, and what, anything, did you make those emails
available the Department for conducting searches response FOIA requests?
11.
During your tenure Secretary State, what, any, effort did you make
inform the State Department records management personnel (e.g., Clarence Finney the
Executive Secretariat Office Correspondence and Records) about your use
clintonemail.com email account conduct official State Department business?
12.
During your tenure Secretary State, did State Department personnel ever
request access your clintonemail.com email account search for email responsive FOIA
request? so, identify the date access your account was requested, the person persons
requesting access, and whether access was granted denied.
13. the time you decided use your clintonemail.com email account conduct
official State Department business, any time thereafter during your tenure Secretary
State, did you consider how emails you sent received from persons who did not have State
Department email accounts (i.e., state.gov accounts) would maintained and preserved the
Department searched the Department response FOIA requests? so, what was your
understanding about how such emails would maintained, preserved, searched the
Department response FOIA requests?
14. March 2009, Assistant Secretary State for Diplomatic Security Eric
Boswell wrote Information Memo your Chief Staff, Cheryl Mills, that cannot
stress too strongly, however, that any unclassified BlackBerry highly vulnerable any setting remotely and covertly monitoring conversations, retrieving email, and exploiting calendars. March 11, 2009 email states that, management meeting with the assistant secretaries, you
approached Assistant Secretary Boswell and mentioned that you had read the and that you
get it. Did you review the March 2009 Information Memo, and, so, why did you continue
using unclassified BlackBerry access your clintonemail.com email account conduct
official State Department business? Copies the March 2009 Information Memo and March
11, 2009 email are attached Exhibit for your review.
15. November 13, 2010 email exchange with Huma Abedin about problems with
your clintonemail.com email account, you wrote Ms. Abedin, response her suggestion
that you use State Department email account release your email address the Department,
Let get separate address device. Why did you continue using your clintonemail.com
email account conduct official State Department business after agreeing November 13,
2010 get separate address device? Include your answer whether address you
meant official State Department email account (i.e., state.gov account) and device
you meant State Department-issued BlackBerry. copy the November 13, 2010 email
exchange with Ms. Abedin attached Exhibit for your review.
16.
Email exchanges among your top aides and assistants August 30, 2011 discuss
providing you with State Department-issued BlackBerry State Department email address.
the course these discussions, State Department Executive Secretary Stephen Mull wrote,
[W]e are working provide the Secretary per her request Department issued BlackBerry
replace her personal unit which malfunctioning (possibly because her personal email server down). will prepare two versions for her use one with operating State Department
email account (which would mask her identity, but which would also subject FOIA
requests). Similarly, John Bentel, the Director Information and Records Management the
Executive Secretariat, wrote, You should aware that any email would through the
Department infrastructure and [be] subject FOIA searches. Did you request State-
Department issued Blackberry State Department email account around August 2011,
and, so, why did you continue using your personal device and clintonemail.com email account conduct official State Department business instead replacing your device and account with State Department-issued BlackBerry State Department email account? Include your
answer whether the fact that State Department-issued BlackBerry State Department email
address would subject FOIA affected your decision. Copies the email exchanges are
attached Exhibit for your review.
17. February 2011, Assistant Secretary Boswell sent you Information Memo
noting dramatic increase since January 2011 attempts compromise the private home
email accounts senior Department officials. Assistant Secretary Boswell urge[d]
Department users minimize the use personal web-email for business. Did you review
Assistant Secretary Boswell Information Memo after February 2011, and, so, why did
you continue using your clintonemail.com email account conduct official State Department
business? Include your answer any steps you took minimize use your clintonemail.com
email account after reviewing the memo. copy Assistant Secretary Boswell February
2011 Information Memo attached Exhibit for your review.
18. June 28, 2011, you sent message all State Department personnel about
securing personal email accounts. the message, you noted recent targeting personal email
accounts online adversaries and directed all personnel [a]void conducting official
Department business from your personal email accounts. Why did you continue using your
clintonemail.com email account conduct official State Department business after June 28,
2011, when you were advising all State Department Personnel avoid doing so? copy the
June 28, 2011 message attached Exhibit for your review.
19.
Were you ever advised, cautioned, warned about hacking attempted hacking your clintonemail.com email account the server that hosted your clintonemail.com account
and, so, what did you response the advice, caution, warning?
20.
When you were preparing leave office, did you consider allowing the State
Department access your clintonemail.com email account manage and preserve the official
emails your account and search those emails response FOIA requests? you
considered allowing access your email account, why did you decide against it? you did not
consider allowing access your email account, why not?
21.
After you left office, did you believe you could alter, destroy, disclose, use
email you sent received concerning official State Department business you saw fit? not,
why not?
22. late 2014, the State Department asked that you make available the
Department copies any federal records which you were aware, such email sent
received personal email account while serving Secretary State. After you left office
but before your attorneys reviewed the email your clintonemail.com email account response the State Department request, did you alter, destroy, disclose, use any the email the
account authorize instruct that any email the account altered, destroyed, disclosed,
used? so, describe any email that was altered, destroyed, disclosed, used, when the
alteration, destruction, disclosure, use took place, and the circumstances under which the
email was altered, destroyed, disclosed, used? copy November 12, 2014 letter from
Under Secretary State for Management Patrick Kennedy regarding the State Department
request attached Exhibit for your review.
23.
After your lawyers completed their review the emails your clintonemail.com
email account late 2014, were the electronic versions your emails preserved, deleted,
destroyed? they were deleted destroyed, what tool software was used delete destroy
them, who deleted destroyed them, and was the deletion destruction done your direction?
24.
During your October 22, 2015 appearance before the U.S. House
Representatives Select Committee Benghazi, you testified that percent your emails
were the State system and they wanted see them, they would certainly have been
able so. Identify the basis for this statement, including all facts which you relied
support the statement, how and when you became aware these facts, and, you were made
aware these facts through another person, identify the person who made you aware
these facts.
25.
Identify all communications between you and Brian Pagliano concerning
relating the management, preservation, deletion, destruction any emails your
clintonemail.com email account, including any instruction direction Mr. Pagliano about the
management, preservation, deletion, destruction emails your account when transferring
the clintonemail.com email system any alternate replacement server. For each
communication, identify the time, date, place, manner (e.g., person, writing, telephone, electronic other means), persons present participating, and content the
communication.
Dated: August 30, 2016
Respectfully submitted,
/s/ Michael Bekesha
Michael Bekesha
D.C. Bar No. 995749
JUDICIAL WATCH, INC.
425 Third Street S.W., Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff Judicial Watch, Inc.
Exhibit
UNCLA.SSlFIED U.s;. D~partment St~~ta~~Sffi1ror~~~.-~~.~ll:cQ_oc No. C05891079 Date: 1111212015
--.
----
[RELEASE PART ,1.4(E ,~7 ,~6 .1.4(C
PILE CO.PY ...
---~--
United St:ates:Dqiartment ofState
Washin. 11on. D.C. 29~20
SEC-R:.ETMOF.Ql{N
DEC!.: ll~f.02/2().1;9
1NFQ~TIDJ.f.MEMQ
FRQM:
1.4(E)
1.4(G) -Ede ~SVt
~the. UJe-.Qf ~~d(~e!Ji~. initb tate
NO. U1!:>-U!)(J4~
uoc; No. l;05Bbf~U4 Date: 11/0512015 -IEW AUT-HOR1.TY: Barbara
~ielsen,
Senior
Reviewer
--~~~~-~-~~---
tN.f-0~ TlO~ ~~~0
EROM:
P.0R
5LffiJ:Ett: t~i~ Co;npromi of.Gffiahus-. ~tSbnal Efmb1 ~..QbbWus
l~;-r,
i.riw
oS.
~Threi: aBD.lysiS:.
tbe
cybef set~~ teatf oo r~t,._~w...Jw;.i.JtL-,
at~ tr. ~~ UbJ. ti:eas ry. mrd~ilie o.S: s~oat~. The ar?achn~~ prtMtlts- apshot affec.~ed Depurun~l _P.er~ruic:I~ ipany ~.uil ..a~t c:i~~ glP~
othe!S-Mc
b~_lng b~e~.d ma!1crous o.~iw:lJ W!ll$0 tpttlr ~tgJfnttlau)CJ~>:
.Ct
IA~Jo~ r~~~.$ forrrur.~ ~P~~~@~i4 ~n.d- ~~c~mjc ~1-~c~ ~i) ~id ~.md
(~J)ct:ifi~aJI~. thc.:l
.ctetS.:are .~.,tjld.in~ cle~etily fo~ ~mails 1.u i.;ic.:iim~:
:;iri.1~:ir-t lo_
~ompromi~ uccuLQrts anrJ.. ~~u:b:- gatJl a.t;c~~ tu.::pcl;c~ dncLlfl!~~ ~1*
in,fonnuiipn thii ~ou a:tblc:f ~ie.al S~t~lhhpitB e}J ~~_n;;ci~ ~lO
ma1 !.O un
DS.Sli.CS
os,-cs:cr.w
B7{.C) ok)
~>k)
(tlk
hlk
IRKi.l _i...._--(1k.l
:...
Cii:rlh
(ok1
J>-:R
S:CCl 1--:_-=_-=_-=_-=_-_.-.-t- .~,___,
11.,..,
tok
UNCLAsslFIEP
U.S. Department $ta~e Cas.1!-No. FJ.2015-05()4~ Poe No. Po6~7~
Date: 1116512015
Exhibit
.UN.C..LA$.$1FIEO
MRN: telDTG:
From:
AcUon:
E.0.:
TAGS: STATE65111
Jun 28, 2011 282223Z J.UN
SECSTATE WASHDC
ALL DIPLOMATIC AND CONSULAR POSTS COlLECTIVEROUnNE
13526
APCS,ASEC,AADP, AMGT
Securing Personal E-mail Accounts
Subject:
UNCLAS STATE 065111
E.O. 13526: NIA
TAGS: APCS, ASEC, MOP, AMGT
SUBJECT: Securing Personal E-mail Accounts
Reference:
12.F~
544.3 Department State users are encouraged check the
security settings and change passwords their hOme e-mail
accounts because recent targeting personal e-mail
accounts online adversaries. Security gu/delfnes have
been posted the DS/$1/CS Cyber Security Awareness web page:
https://intranet.ds.state.sbu/DS/Sl/CS/Awareness1/Content/Pers
onal%20Emall.espx. Recently, Google asserted that onllne adversaries are
targeting the personal Gmail accounts U.S. government
employees. Although the company believes has taken
appropriate steps remediate Identified activity. users
should exercise caution and follow best practices order protect personal e-mail and prevent the compromise
government and personal information. The OS/SI/CS Cyber
Security Awareness web site contains guides help secure
the web-based e-mail accounts users and their families.
This information can accessed at:
https:flintranet.ds.6ate.sbu/DS/Sl/CS1Awareness1/Content/Pers
onal%20Emaif.aspx. What can you and your family members do?
{a) Follow the personal e-mail guides posted the Awareness
site change your password, ensure that messages are not
auto-fo1WSrdlng unintended address, and verify that
other security settings are property configured.
(b} Beware e-mail messages that include links password
reset web pages. These can easily faked.
(o) Create strong passwords for alt your online accounts,
change them often, and never use the same password for more
than one account
(d) Avoid conducting official Department business from your
personal e-mail accounts.
(e) not reveal your personal e-mail address your work
Out Office message.
(f) not auto-forward Department e-mail personal e-mail
accounts, which prohibited Department policy (12 FAM
544.3). Questions regaroing cyber security awareness should
addressed awareness@state.gov
CLINTON
Exhibit
Case 1:13-cv-01363-EGS Document 18-1 Filed 08/06/15 Page
UNDER SECRETARY STATE
FOR MANAGEMENT
WASHINGTON
t!DV ((M.
The Department State has longstanding and continuing commitment
preserving the history U.S. diplomacy, estabHshed authorities under the
Federal Records Act 1950. writing you, the representative Secretary State Hillary Clinton, well representatives other fonner Secretaries
(principals), request your assistance further meeting this requirement.
The Federal Records Act 1950, amended, .S.C. chapters 29,
and 33, seeks ensure the preservation authoritative record official
correspondence, com mun cations, and documentation. Last year, Bulletin 201303, the National Archives and Records Administration (NARA) clarified records
management responsibilities regarding the use personal email accounts for
official government business. NARA recommended that agencies refer its
guidance when advising incoming and departing agency employees about their
records management responsibilities. This bulletin was followed additional
NARA guidance managing email issued September 15, 2014. See enclosed. recognize that some period time has passed since your principal
served Secretary State and that the NARA guidance post-dates that service.
Nevertheless, bring the NARA guidance your attention order ensure
that the Departments records are complete possible. Accordingly, ask
that should your principal his her authorized representative aware
become aware the future federal record, such email sent received personal email account while serving Secretary State, that copy this
record made avairable the Department. this regard, please note that
diverse Department records are subject various disposition schedules, with most
Enclosures
Ms. Cheryl Mills,
Case 1:13-cv-01363-EGS Document 18-1 Filed 08/06/15 Page
-2-
Secretary State records retained permanently. ask that record provided the Department there reason believe that may not otherwise
preserved the Departments recordkeeping system.
The Department wiJling provide assistance you this effort. the
meantime, should you have any questions regarding this request, please not
hesitate contact William Fischer, NGIS/IPS/RA, Agency Records Officer,
(202) 261-83 69. greatly appreciate your consideration and assistance with this matter.
Sincerely,
a::.::nnedy