There is now documentary evidence of the FBI's investigation into former Secretary of State Hillary Clinton private email server. A letter from the FBI's general counsel James Baker notifying the State Department of their probe was released publicly on Monday, Feb. 8, 2016. The State Department filed it in court as part of the Freedom of Information Act lawsuit against their department by conservative watchdog group Judicial Watch. The letter is the first tangible evidence of the investigation; however, there have been unconfirmed reports that the FBI has been conducting their probe into whether Clinton endangered national security since last July.
The letter the FBI sent the State Department is dated Feb. 2. Baker addressed the letter to the department's acting legal adviser Mary McLeod. Baker wrote that since September, "in public statements and testimony, the Bureau has acknowledged generally that it is working on matters related to former Secretary Clinton's use of a private e-mail server. The FBI has not, however, publicly acknowledged the specific focus, scope or potential targets of any such proceedings," Baker wrote. "Thus, while the FBI's response to you has changed to some degree due to these intervening events, we remain unable to provide the requested information without adversely affecting on-going law enforcement efforts."
The letter confirmed the investigation's ongoing status but did not "divulge details" claiming it would undermine the inquiry. FBI Director James Comey mentioned the investigation, but the FBI has never documentarily acknowledged the investigation even in court filings. The FBI did not reveal if the probe will lead to a criminal case or is just a "security review."
The State Department has been adamant the probe is not criminal, but just a routine review. The New York Times reported, however, that intelligence and State Department oversight officials wanted a criminal referral.
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