State: Clinton’s Lawyer Can Have 30K State E-mails, But Not IG of Intel Community

‘He’s former Secretary Clinton’s lawyer’

UNKNOWN FEMALE: “He requested the rest of the 30,000 emails in State possession, ‘However, State rejected my office’s request on jurisdictional grounds.’ So the State Department has cleared Ms. Clinton’s personal attorney to view these and to keep them at his facility, but did not turn them over to the intelligence community IG. Do you know if this has changed at all?”

TONER: “Again, as we clear these documents, these emails, and go through the process and, as I said, redact those portions that we now would deem classified or should be upgraded, we share those with the intelligence community already. We have – but there are clear channels here, to be frank, and we have shared those with our own IG. But it’s not incumbent on us and frankly not in our jurisdiction to allow the IC IG access to those emails. That said, we’re going through them all diligently. We’re sharing them through the process that’s established to clear these documents via – or in accordance with FOIA regulations, sorry. The IC is getting eyes on these. It’s just how we’re diligently kind of going through the process, and before publication, we always clear these through the IC. Yeah.”

UNKNOWN FEMALE: “And why would the State Department clear David Kendall to have them and to view them but not the IC IG?”

TONER: “Well, he’s – that – again, he is former Secretary Clinton’s lawyer. He is in possession of these. Again, because of these – as I tried to lay out, because of the request that he’s had to preserve those documents, he has asked to hold onto those. So in accordance with that, we simply cleared the site where they’re being held, made sure that it was a secure facility and capable of holding what could be potentially classified material.”

UNKNOWN FEMALE: “The other thing that they said in this memo was that this information may exist on at least one private server and a thumb drive that’s purportedly in the hands of Mrs. Clinton’s personal attorney. Do you know if any effort has been made to recover that thumb drive; if it has been recovered, what the status is?”

TONER: “So it is the – that all that – and I spoke a little bit to – about this on last Friday, but all of that material is actually being held in a secure environment at the law offices, and spoke to the fact that her attorney is also cleared to hold this kind of material. And we’ve, in fact – our security experts have gone and looked at the facility and deemed it appropriate.”

TONER: So we provided Secretary Clinton’s lawyers with instructions regarding appropriate measures for physically securing the documents and confirmed, via a physical security expert, that they’re taking those measures. And I would also say that former Secretary Clinton does have counsel with clearance.”

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