Former Secretary of State Hillary Clinton, like all departing federal employees, was required to fill out and sign a separation statement affirming that she had turned over all classified and other government documents, including all emails dealing with official business.

Fox News Megyn Kelly reported Wednesday evening on the requirement and that a spokesman for Clinton had not responded to a request for comment, including an explanation of when the former chief U.S. diplomat signed the mandatory separation agreement or, if she didn't, why didn't she.

The Washington Examiner also asked Clinton spokesman Nick Merrill for comment late Wednesday but had received no response from him early Thursday. Clinton did not respond when asked about the issue earlier this week by the Associated Press. The issue was first raised Monday by Republican National Committee Chairman Reince Priebus.

On Tuesday, Clinton held a hurried news conference in which she claimed she and her attorney reviewed in a "thorough process" all of approximately 60,000 emails she sent and received during her tenure as secretary and deleted thousands of emails judged to be personal.

"I fully complied with every rule," she said. She said she chose to use a private email account to conduct official diplomatic business as a matter of convenience so she would not have to keep track of two devices.

She also said she used a private server located in her private home in New York. That server was originally used by President Clinton after he left the White House. A spokesman for Bill Clinton said recently he has sent only two emails in his entire life.

Clinton also said the server will "remain private." She declined to answer when asked if she would allow an independent authority to review the server's content.

Kelly also reported that State Department regulations in place when Clinton resigned as secretary required all departing employees to return all official documents, including emails, to ensure that the department would be able to respond to Freedom of Information Act and congressional requests, as well as subpoenas in litigation.

Failure to do so carries with it both fines and possible jail time.

Mark Tapscott is executive editor of the Washington Examiner.

Clinton Separation Statement

 

U.S. Department of State Foreign Affairs Manual Volume 12 - Diplomatic Security 12 FAM 560 Page 5 of 8

Special Access Program (SAP) will be conducted by INR or the program manager for the SAP, respectively.

12 FAM 564.4 Termination

(TL:DS-88; 02-13-2003) (Uniform State, AID, OPIC, TDP)

a. A security debriefing will be conducted and a separation statement will be completed whenever an employee is terminating employment or is otherwise to be separated for a continuous period of 60 days or more. The debriefing is mandatory to ensure that separating personnel are aware of the requirement to return all classified material and of a continuing responsibility to safeguard their knowledge of any classified information. The separating employee must be advised of the applicable laws on the protection and disclosure of classified information (see 12 FAM 557 Exhibit 557.3) before signing Form OF-109, Separation Statement (see 12 FAM 564 Exhibit 564.4). b. AID’s Office of Security, IG/SEC, will conduct a security debriefing upon the separation of AID employees.

12 FAM 565 THROUGH 569 UNASSIGNED

 

U.S. Department of State Foreign Affairs Manual Volume 12 - Diplomatic Security 12 FAM 560 Page 6 of 8

12 FAM 564 EXHIBIT 564.1 FORM SF-312, CLASSIFIED INFORMATION NONDISCLOSURE AGREEMENT

(TL:DS-61; 10-01-1999)

 

U.S. Department of State Foreign Affairs Manual Volume 12 - Diplomatic Security 12 FAM 560 Page 7 of 8