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Judicial Watch Releases Testimony of Clinton Email Administrator – Clinton Lawyer Cheryl Mills Communicated with Him a Week Prior to Testimony

(Washington, DC) – Judicial Watch today released the deposition transcript of Justin Cooper, a former aide to President Bill Clinton and Clinton Foundation employee who registered the domain name of the unsecure clintonemail.com server that Hillary Clinton used while serving as Secretary of State. Cooper admits that he spoke with Cheryl Mills, Clinton’s former chief of staff, one week prior to his deposition and let her know that the deposition had been scheduled. Cooper also said that he worked with Huma Abedin, Clinton’s deputy chief of staff, to create the private email system, but can’t recall if Clinton had any input in its creation or if he wiped the original server. The entire transcript is available here.

Cooper was recently deposed as part of the discovery granted to Judicial Watch by U.S. District Court Judge Royce C. Lamberth in response to its Freedom of Information Act (FOIA) lawsuit involving former Secretary of State Hillary Clinton’s unsecured, non-government email system (Judicial Watch v. U.S. Department of State (No. 1:14-cv-01242)).

Cooper testified that he spoke with Mills the week before giving his deposition:

Q When did you last speak with Cheryl Mills?

A Last week.

Judge Lamberth late last year criticized the DOJ, saying he was “dumbfounded” by the Inspector General report revealing that Mills had been given immunity and was allowed to accompany former Secretary of State Hillary Clinton to her FBI interview. The full transcript of that hearing is available here.

I did print out and read that 500-page report when I got it and I was actually dumbfounded when found out, in reading that report, that Cheryl Mills had been given immunity because … I had myself found that Cheryl Mills had committed perjury and lied under oath in a published opinion I had issued in a Judicial Watch case where I found her unworthy of belief, and I was quite shocked to find out she had been given immunity in — by the Justice Department in the Hillary Clinton email case. So I did not know that until I read the IG report and learned that and that she had accompanied the Secretary to her interview.

(In an April 28, 2008, ruling relating to Mills’ conduct as a White House official in responding to concerns about lost White House email records, Judge Lamberth called Mills’ participation in the matter “loathsome.” He further stated Mills was responsible for “the most critical error made in this entire fiasco … Mills’ actions were totally inadequate to address the problem.”)

When Cooper was asked who approached him about creating the clintonemail.com account, Cooper answered: “It would have been a discussion with Huma Abedin.” Cooper also testified that Abedin was his primary contact regarding the choice of the domain name that was registered “I believe” in “January ’09.”

Cooper’s testimony is at odds with a 2016 Judicial Watch deposition of Abedin in which she testified that she became aware of the server through “reading in some news articles about a year, a year-and-a-half ago, when it was – it was being publicly discussed.”

Cooper said “I don’t recall” when asked if Clinton herself had any input in the creation of the domain name.

Cooper also testified that there were two servers: an original “Apple server” and then a Windows server, which was “the Pagliano server,” named after Clinton’s top State Department IT specialist Bryan Pagliano. Cooper said he couldn’t recall whether the Apple server was wiped once her emails were transferred over to the Pagliano server in early 2009.

When Cooper was asked to testify how many e-mails accounts he created or setup for Clinton he answered, “To the best of my recollection two or three.” Cooper also said that he and Pagliano set up email accounts for Abedin and Chelsea Clinton.

Pagliano was a Clinton State Department IT official who repeatedly invoked his Fifth Amendment right to not answer questions in a 2016 Judicial Watch deposition.

When Cooper was asked if Clinton or anyone associated with them is paying his legal bills for this deposition or any other matters related to Secretary Clinton’s use of email, he answered: “In relation to [today’s legal expenses] it’s unclear to me if I’ll be reimbursed for these – for legal fees from the Clintons. My previous legal fees about a year after the conclusion of the congressional testimony through my lawyers was negotiated for settlement for the Clintons to make payment.”

He identified controversial Clinton Foundation official and advisor to President Clinton Doug Band as the individual in a redacted FBI 302 report who had conversations with Cooper and Abedin about the Apple server and who thought adding Hillary Clinton to the server was a “bad idea.”

Q Let me direct your attention to the fourth paragraph about four lines up. This is a redacted version, so we don’t know who the interviewee is or some of the names. But I want to direct your attention to the line that starts off with the redaction and says, blank recall the conversation with Huma Abedin and Cooper regarding the addition of Hillary Clinton to the Apple server; do you see that?

A I do.

Q Do you know who that individual would be …

A I suspect it’s Doug Band.

Q The next line says, blank thought it was a bad idea, but the issue had been decided by that point in time; do you see that?

A Yes.

Judicial Watch was granted depositions and written questions under oath of former Clinton aides, State Department officials, and others:

  • Justin Cooper, a former aide to Bill Clinton who reportedly had no security clearance and is believed to have played a key role in setting up Hillary Clinton’s non-government email system;
  • John Hackett, a State Department records official “immediately responsible for responding to requests for records under the Freedom of Information Act;”
  • Jacob “Jake” Sullivan, Hillary Clinton’s former senior advisor and deputy chief of staff;
  • Sheryl Walter, former State Department Director of the Office of Information Programs and Services/Global Information Services;
  • Gene Smilansky, a State Department lawyer;
  • Monica Tillery, a State Department official;
  • Jonathon Wasser, who was a management analyst on the Executive Secretariat staff. Wasser worked for Deputy Director Clarence Finney and was the State Department employee who actually conducted the searches for records in response to FOIA requests to the Office of the Secretary
  • Clarence Finney, the deputy director of the Executive Secretariat staff who was the principal advisor and records management expert in the Office of the Secretary responsible for control of all correspondence and records for Hillary Clinton and other State Department officials;
  • Heather Samuelson, the former State Department senior advisor who helped facilitate the State Department’s receipt and release of Hillary Clinton’s emails;
  • Monica Hanley, Hillary Clinton’s former confidential assistant at the State Department;
  • Lauren Jiloty, Clinton’s former special assistant;
  • E.W. Priestap, is serving as assistant director of the FBI’s counterintelligence division and helped oversee both the Clinton email and the 2016 presidential campaign investigations. Priestap testified in a separate lawsuit that Clinton was the subject of a grand jury investigation related to her BlackBerry email accounts;
  • Susan Rice, President Obama’s former UN ambassador who appeared on Sunday television news shows following the Benghazi attacks, blaming a “hateful video.” Rice was also Obama’s national security advisor involved in the “unmasking” the identities of senior Trump officials caught up in the surveillance of foreign targets;
  • Ben Rhodes, an Obama-era White House deputy strategic communications adviser who attempted to orchestrate a campaign to “reinforce” Obama and to portray the Benghazi consulate terrorist attack as being “rooted in an Internet video, and not a failure of policy;”
  •  Heather Samuelson, the former State Department senior advisor who helped facilitate the State Department’s receipt and release of Hillary Clinton’s emails;
  • and one other person to be designated by the State Department.

“Questions surrounding a wiped server, a Clinton lawyer being informed of a scheduled deposition, contradictory testimony – all uncovered recently by Judicial Watch in its court-ordered discovery on the Clinton email scandal,” said Judicial Watch President Tom Fitton.

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