Rep. Trey Gowdy (R-SC), the Chairman of the House Select Committee on Benghazi, has received an answer from Clinton’s lawyers about turning over her server to an independent third party for review; it’s not worth it because everything on it was deleted. That’s including the backup systems connected to the server as well. In short, her legal team said that all work-related emails between 2009-2013 have been turned over and are in the State Department’s possession (via AP):
Hillary Rodham Clinton wiped her email server "clean," permanently deleting all emails from it, the Republican chairman of a House committee investigating the 2012 Benghazi attacks said Friday.
Rep. Trey Gowdy, R-S.C., said the former secretary of state has failed to produce a single new document in recent weeks and has refused to relinquish her server to a third party for an independent review, as Gowdy has requested.
Clinton's attorney, David Kendall, said Gowdy was looking in the wrong place.
In a six-page letter released late Friday, Kendall said Clinton had turned over to the State Department all work-related emails sent or received during her tenure as secretary of state from 2009 to 2013.
"The Department of State is therefore in possession of all Secretary Clinton's work-related emails from the (personal email) account," Kendall wrote.
Kendall also said it would be pointless for Clinton to turn over her server, even if legally authorized, since "no emails ... reside on the server or on any backup systems associated with the server."
Kendall said in his letter that Clinton's personal attorneys reviewed every email sent and received from her private email address — 62,320 emails in total — and identified all work-related emails. Those totaled 30,490 emails or approximately 55,000 pages. The material was provided to the State Department on Dec. 5, 2014, and it is the agency's discretion to release those emails after a review.
“Secretary Clinton failed to provide a single new document to the subpoena issued by the Committee and refused to provide her private server to the Inspector General for the State Department or any other independent arbiter for analysis,” he said his statement yesterday.
“We learned today, from her attorney, Secretary Clinton unilaterally decided to wipe her server clean and permanently delete all emails from her personal server. While it is not clear precisely when Secretary Clinton decided to permanently delete all emails from her server, it appears she made the decision after October 28, 2014, when the Department of State for the first time asked the Secretary to return her public record to the Department.”
Rep. Elijah Cummings (D-MD), the ranking member on the committee, said:
This confirms what we all knew—that Secretary Clinton already produced her official records to the State Department, that she did not keep her personal emails, and that the Select Committee has already obtained her emails relating to the attacks in Benghazi. It is time for the Committee to stop this political charade and instead make these documents public and schedule Secretary Clinton’s public testimony now.
So, while some are reporting the makings of a Clinton comeback are in the works, this fiasco has done damage to her numbers. Guy dissected the CBS News poll showing that two-thirds of the respondents felt it was inappropriate for the former Secretary of State to use a private email account to conduct official business, she scored low marks on honesty, and her favorables are under water by double-digits.
As RNC Chairman Reince Priebus aptly noted, “Even Nixon didn't destroy the tapes.”
Addendum: Theoretically, 90 percent of the emails Hillary turned over should've been preserved by the State Department since they were correspondences with its workers, but they were not. State Department spokesperson Jen Psaki said they started archiving emails for senior officials in February, which was before the story about Hillary's private email account and server broke. Also, the State Department IG confirmed that its workers aren't preserving government emails properly.
Editor's note: The House Select Committee On Benghazi's subpoena to Mrs. Clinton involved all communications relating to Libya in their investigation of the Benghazi terror attacks in 2012. The attacks themselves aren't mentioned specifically in the subpoena. The post has been updated to reflect this clarification.