Good day, once again, deposition fans. This essay concerns itself with tales (some of which may actually be truthful) rendered by one Patrick F. Kennedy, who was number 4 in the Department of State (DOS) line of command, with Medusa being the top Banana (she is yellow and prone to mold easily, especially when exposed to heat).

For those of you who are acronymically challenged, you will find the the key to the cast of characters:
HRC = Medusa, Her Heinous, the Ice Queen and several other aliases
HA = Huma Abedin, aka the Body Person
CM = Cheryl Mills, aka The Mouthpiece
BP = Bryan "the Connection" Pagliano
PK = Patrick Kennedy, star of this performance
LL = Lewis Lukens, former henchman in the DOS incompetence association
SM = Steven Mull, currently ambassador to the Cayman Islands or Monaco--I forget which
KL = Karin Lang, chief spokesperson for the DOS incompetence association
CF = Clarence "I don't know nothing" Finney, head of the We ain't got any records department at DOS
MH = Monica Hanley = Clinton attorney at DOS and general behind-the-scenes lurker
JW = Judicial Watch, purveyor of this series of entertainments
ES = Judge Emmet Sullivan, overseer of the entertainments
JC = Justin Cooper, IT person without portfolio who assisted HRC on her secret server detail
BHO = Barack Hussein Obama, current occupant of a white house, in drastic need of a cleaning
WJC = Big Dog, lately known as "I can't find my bone" Clinton
JS = Jacob Sullivan, utility infielder for Team Clinton
LoL = Loretta Lynch, overseer of the Department of Injustice
DOJ = Department of Injustice
DOS = Department of State (I will refrain from any further, though well-deserved epithets)
HK = Harold Koh, DOS legal advisor
VJ = Valerie Jarret, HRC legal advisor and good buddy
VN = Victoria Nuland = mouthpiece spokesperson for DOS and Asst. Sec.State for European Affairs
JB = John Bentel, officer of Executive Secretariat in charge of not finding FOIA documents

Please feel free to review this list if you forget who is who. Note, there will not be a short quiz after this report as I suspect many in our audience will probably be asleep before the final notes have sounded.

Cliff's Notes version:
1. As you all have learned by now, Her Royalness was interviewed for a full 70 minutes longer than the following ordeal, on July 2, 2016. So if you think was lengthy, which it is indeed, consider what happened to HRC--and I hope that is just a precursor of what is to befall her.
2. Poor PK, he is a career diplomat who was in the wrong place at the wrong time. His problems stem with associating with person(s) committing espionage and being to trusting to ask the correct questions. There are some parts of his testimony which I don't consider reliable, as indicated below.
3. HA and CM are tainted in this deposition as "being in the know".
4. From this and the other JW depositions, I do not see how HRC can avoid being subpoenaed from testifying in this FOIA matter.

Q: When did you first become aware that Mrs. Clinton was using a non-State.gov e-mail address for State Department business?
A: I believe it was in probably March of 2015.
Q: How did you learn that?
A: From newspaper accounts.
Q: Prior to the newspaper accounts, did you know if Mrs. Clinton was using e-mail for State Department purposes?
A: I had received a small number of e-mails from Secretary Clinton asking me questions over the course of my tenure.
Q: Aapproximately how many e-mails did you receive from Mrs. Clinton?
A: I think there were maybe 30-or-so-odd exchanges during the course of four years.
Q: How do you know that there were approximately 30 or so exchanges over the years?
A: During the course of responding to various FOIA requests, these were the ones I reviewed.
Q: Did you review them in response to a specific FOIA request?
A: I reviewed them in response to several FOIA requests.
Q: Did you review the records from your own PST files or the records returned by Mrs. Clinton?
A: I reviewed them both from my files and from Mrs. Clinton's files.
Q: Were there any e-mails in your files that were not in Mrs. Clinton's files?
A: I don't recall.
Q: Do you recall when the first e-mail was that you received from Mrs. Clinton on her non-State.gov e-mail account?
A: Not specifically, no.

PK has jumped into the pool of Secret Server emails and getting doused by 30 such emails.

Exhibit 1:

Q: Mr. Kennedy, if you just want to review the first one. We'll go through each one individually. But it will save time to mark them all as Exhibit 1. But I'll give you time to review each one before I ask any questions about it. Have you had an opportunity to look at the first page?
A: Yes, sir.
Q: Could you identify what this e-mail -- what this record is?
A: It is an e-mail from James B. Steinberg, who was then the Deputy Secretary of State.
Q: Have you seen this e-mail before?
A: It was addressed to me, but I have no recollection of it.
Q: The date of the first e-mail of the chain, that's an e-mail addressed from HDR22@Clintonemail.com, to several people,
A: It's a document from the Secretary of State.
Q: Do you recall receiving this e-mail?
A: No, sir.
Q: Do you recall on December 22nd, 2009, seeing the HDR22@Clintonemail.com e-mail address?
A: I don't recall

Lots of defendant's lawyers objecting starting early (the texts of which I delete):

Q Do you recall receiving the e-mail from HDR22@Clintonemail.com dated December 4th at 13:53:21? [The document number is C05777404].
A: Not specifically, no, sir.
Q: We can move on to the next page, Document Number C05779749. If you can take a moment and review this document.
Turning to the second page, do you recall receiving the e-mail dated February 20th -- 25th, 2011, at 8:18 a.m. from HDR22@Clintonemail.com? When you received this e-mail or recall, you know, the situation related to these e-mails, did you know that that was Mrs. Clinton's e-mail address at that time?
A: It was Secretary of State Clinton.
Q: How did you know that?
A: Because of the subject matter.
Q: When you received the e-mail, did you look at the "from" line to see what the e-mail address was to confirm that this was what you thought it to be, an e-mail from Mrs. Clinton?
A: I did not focus on the "from" line. I focused on the subject matter, because this was an ongoing evacuation of American citizens from a place of grave danger.
Q: Looking going to the first page, do you recall sending or receiving the first page of the document, do you recall sending or receiving any of these specific e-mail exchanges?
A: I remember the exchange in general terms because it was my responsibility to organize the evacuation and the closure of the American Embassy in Tripoli.

Tripoli--isn't that close to Benghazziii?

Q: At any time did you think about the e-mail address to which you were receiving or sending e-mails?
A: To the best of my recollection, no.
Q: We can move on to the next document, Document Number C05779851. I believe it's seven pages long. If you could just
review the entire document. Have you had an opportunity to review the record?
A: Yes, sir.
Q: Looking at the first page, do you recall receiving this e-mail chain from Ms. Mills on February 25th, 2011?
A: No, sir.
Q: Have you seen this document before?
A: I don't recall having focused on this document.
Q In the "to" line, do you know what the H refers to?
A: Subsequently I learned that H referred to Secretary Clinton.
Q: How did you learn that?
A: Because just from seeing documents.
Q: Do you know why you were cc'd on this e-mail?
A: No, sir.

Note: testimony did not clarify when PK recognized these documents as coming from Clinton's private server.

Q Let's move on to the next page. This is Document C05781046. If you could take a moment to review this record.
A I have reviewed it, sir.
Q: Do you recall receiving this e-mail?
A: No, sir.
Q: Who is Harold Koh?
A: Harold Koh was then the legal advisor for the Department of State.
Q: At that time who was William J. Burns?
A: William J. Burns was one of the two Deputy Secretaries of State.
Q: Who was Thomas Nides?
A: Thomas Nides was the other Deputy Secretary of State.
Q: At that time what was Mr. Jacob Sullivan's position?
A: Jacob Sullivan was a Deputy Chief of Staff to the Secretary.
Q: What was Stephen Mull's position at that time?
A: I believe he was Executive Secretary of the Department of State.
Q: Who is Michael Hammer?
A: Michael Hammer at this moment was the Assistant Secretary of State for Public Affairs.
Q: Victoria Nuland, do you recall what her position was at that time?
A: 2011? I believe at this time Victoria Nuland was the -- was the press spokesman of the department. Although at some point in this period she had -- she also transitioned, becoming the Assistant Secretary of State for European Affairs.
Q: What about Alice Wells; do you recall what her position was at that time?
A: To the best of my recollection, at that moment she was the executive assistant to the Secretary of State.
Q: What about Amy Scanlon?
A: I do not recall who she is.
Q: What about David Adams?
A: David Adams was either the Assistant Secretary of State or the Deputy Assistant Secretary of State for Legislative Affairs. At some point in this general period he was nominated and confirmed for the latter position.
Q: What about Bathsheba Crocker; do you know who she was at that time?
A: My recollection was at this period of time she would have been the principal deputy director of the policy planning staff.
Q: H, as we discussed a moment ago, refers to Mrs. Clinton?
A: I can only assume so from this piece of paper.
Q: Cheryl Mills at the time was the Secretary of State's chief of staff?
A: And counselor, yes.
Q: Do you know who Mary McLeod was?
A: Mary McLeod at this point would have been a deputy legal advisor.
Q: Is it fair to say that many of these names were of senior State Department officials at that time?
A: These were all people who occupied positions, except for Ms. Scanlon, who, as I previously stated, I do not recognize the name, were occupied positions in the front offices of various entities in the State Department.

I believe, but cannot prove that the above-named individuals are either co-conspirators, co-defendants-in-waiting, soon-to-be witnesses of general dupes in the DOS circus.

Q: We can move on to the next document. C05784424. It's a two-page document. If you could review both pages, please. Do you recall receiving or sending any of the e-mails that's part of this two-page e-mail chain?
A: I do not specifically remember this subject, no. I believe it was likely one of the ones that I reviewed.

Q: We can move on to the next document, which is Document Number C05784434. It's a two-page document. If you could take a moment to review the document, Mr. Kennedy.
A: I have reviewed the document, sir.
Q: Do you recall sending this e-mail dated December 12th, 2011, to Mrs. Clinton?
A: Clearly I sent it, but I don't specifically recall sending it.
Q: Do you recall how you would have known Mrs. Clinton's e-mail address to send this e-mail?
A: My recollection is that this was part of a larger chain of documents, including the one that you showed me last; Document Number C, as in Charlie, 05784424, in which the Secretary of State made a request of me. And this document that you've
subsequently showed me, C, as in Charlie, 05784434, is part of a larger exchange, sir. I very often, when I have to provide additional information, I hit Reply All, but I cannot remember the specific circumstances of how I did that, but since the time change between these documents is one hour and 24 minutes.

We move on to other documents, which may be found in the appendix:

Q: We can move on to the next document, which is Document Number C05784436. If you could -- it is seven pages long. If you could take a moment and review that document, please. Do you recall sending this specific e-mail to Mrs. Clinton in December 2011?
A: I do not recall specifically sending this e-mail, but this is one of a series of documents that we have been discussing in the last few minutes of this deposition, sir.
Q: Let's move ahead. We're going to move ahead to the Document Number
C05784471. It's an e-mail from David Adams.
A: Sir, I'm not skipping a document. I'm going directly from the last document we talked about, I believe, to the --
Q: There may be a two-page document in between.
A: Yes, you're correct. It was stuck to the other one.
Q: Not a problem. As long as both on the same document, it's fine.
A: If you could repeat the document number again, please, sir.
Q: If you could take a moment and review this record, please. Looking at the middle of the page, do you recall receiving the
e-mail from Mrs. Clinton on December 12th, 2011?
A: I don't recall this document at all, sir.
Q: We can move on to the next document. Document C05785885. If you could take a moment and review this record. Do you recall sending this e-mail on December 18, 2011?
A: No, sir, not specifically.
Q: Was it your normal practice when hitting Reply, to review the recipients of the e-mail?
A: No, sir, if I had received a document and I was providing a general reply, I would just use the Reply All function on Microsoft
and not review the addees.
Q: We can skip the next page and move on to Document C05789920. And that's a three-page document. If you could take a moment to review the three pages.
A: I generally recall this e-mail exchange because it involved the death of an American citizen in Syria.
Q: Do you recall sending the e-mail on February 22nd, 2012, at 9:37 p.m., the first e-mail, the top e-mail on the first page?
A: I generally remember closing out the subject matter because I had been contacted about by Secretary Clinton and related to an inquiry that she had received from a United States Senator about the death of an American citizen. I was asked to assist the United States Senator, which I did. And then I simply advised the Secretary of State that I had done so.
Q: Do you recall sending this e-mail? It says the e-mail went to H. Do you know what the e-mail address associated with H is?
A: I was responding to Secretary Clinton because she was in the chain of this e-mailstring.
Q: How did decide to e-mail what is listed as H, H2?
A: I was using the string from the Secretary of State's e-mail to me of Wednesday, February 22nd, 2012, at 8:38 p.m., which is in the same document.
Q: But this wasn't a direct reply to that e-mail; was it?
A: I simply brought forward the original string that I was involved in.
Q: What do you mean by that?
A: If you go to the document, in the middle of Document C as in Charlie 05789920, the e-mail from the Secretary of State at 8:38 p.m., I was copying H and H2, and Cheryl Mills.
Q: So you went back either on your BlackBerry or your computer to the 8:38 p.m. e-mail and copied the e-mail address and pasted them in?
A: I have no specific recollection of how I did it. But when you -- this is something that happens very often. There will be an e-mail to me that it poses a question. I must gather information from the experts and specialists in the State Department on that, potentially engage with others, and then respond. And so the entire string is in one document, and it is easy to move things around in that document.
Q: Is it fair to say that at that time you were aware of Mrs. Clinton's HDR22@Clintonemail.com e-mail account?
A: I knew I was responding to the Secretary of State.
Q: Do you know what the H2 e-mail account is?
A: To the best of my recollection, no.
Q: Do you recall seeing the HR15@AT&T.Blackberry.net? Have you seen that e-mail address before?
A: I have no recollection specifically of that, sir.
Q: What about HAbedin@HillaryClinton.com; do you recall that e-mail address?
A: I do not have any recollection
specifically of that e-mail address.
Q: When you were sending the e-mail to Mrs. Clinton and Ms. Abedin, did you think about the fact that the e-mails were not State.gov e-mail accounts?
A No, sir.

Well, PK, you may now join the in the orange jumpsuit parade, along with CM and HA since you now have admitted sending emails to HRC with copies to HA and CM.

Q: Why not?
A: I didn't find it relevant. I was responding to the Secretary of State in the evening, and she was not in the office.
Q: Did you think this was a personal e-mail?
A: I don't recall that I analyzed the nature of the e-mail address.
Q: Is Secretary of State a 9-to-5 job?
A: No, sir.n It's a 24-hour-a-day job.
Q: So why did it matter that it was at night?
A: Because she was not in the office at that point.
Q: Do State Department employees have access to their State Department e-mail accounts when they are not in the office?
A: Some do; some do not.
Q: Would the Secretary of State have access to e-mail when she was not in the office?
A: I normally would contact the Secretary of State through staff.
Q: But you did e-mail her on occasions.
A: To the best of my recollection, only in response to direct inquiries that she sent to me.
Q: When you sent this e-mail to Mrs. Clinton's non-State.gov e-mail account and Ms. Abedin's non-State.gov e-mail account, did you think about how these records would be records-managed?
A: No.
Q: Why not?
A: I was thinking about the subject matter involved.

Is anybody reading this wondering about how stupid PK thinks we the people are? Is this not an insult to anyone with critical thinking skills? I don't think that I am the only one getting progressively more incensed by this long, drawn-out tale of BS (and I don't mean Bernie Sanders). Readers, my response to this whole deposition chain is, what is called in psychology, as an approach-avoidance situation. One the approach aspect, it is necessary to examine the facts; in the avoidance aspect, this is like having to relive PTSD triggers--because that is definitely how horrible this shit is. End of rant. Back to testimony:

Q: We can skip the next document and move on to [two-page] Document Number C05790452. Do you recall, looking at the top e-mail on the first page, do you recall sending this e-mail on May 30th, 2012?
A: No, sir, I do not.
Q: Again, the H refers to Mrs. Clinton?
A: Yes, sir. I am addressing her as Madam Secretary.
Q: At the time did you think about the fact that you were sending an e-mail to a non-State.gov e-mail account?
A: No.
Q: Just to be clear, this e-mail is at 11:03 a.m. Is that correct?
A: I am responding to something that started the night before, sir.
Q: But the e-mail you sent was during normal business hours. Is that correct?
A: The text reads it was sent at 11:03 a.m., sir.

Another few documents, additional opportunities for PK to obfuscate:

Q: We can skip a document and move on to Document C05795555. It's a one-page document. Looking at the middle of the page, do you remember sending this e-mail to Mrs. Clinton on Friday, July 27, 2012?
A: No, sir, I don't recall specifically.
Q: Do you recall generally sending this e-mail?
A: No, sir. I don't recall this e-mail at all.
Q: Have you seen this e-mail before?
A: I authored it, but I don't recall seeing this document recently.
Q: Why don't we skip a few documents and go to Document C05798066. It's a two-page document, and the second-to-last document of the stack.
A: I've reviewed the document, sir.
Q: Do you -- do you recall sending this e-mail?
A: No, sir.
Q: Do you recall this e-mail at all? Have you seen this e-mail before?
A: I was the author of the document, sir, but I do not recall seeing this document recently.
Q: Do you recall why you sent this e-mail to Mrs. Clinton's non-State.gov e-mail account?
A: No, sir, I do not.
Q Okay. Let's move on to the last page in this stack of documents, Document Number C05798158. If you would take a moment to review this record. Do you recall this e-mail exchange?
A: No, sir, I do not.
Q: Do you recall sending the e-mail in the middle of the page, dated the same, but the time of 7:14 p.m.?
A: No, sir, I do not.
Q: Just to confirm, do you remember sending the e-mail, the first e-mail on the page?
A: No, sir, I do not.
Q: Do you know why you sent this e-mail to Mrs. Clinton's non-State.gov e-mail account?
A I was simply replying to the incoming e-mail, sir.
Q: Do you know if you noticed her e-mail address when you received these e-mails?
A: This, sir, was three-and-a-half years ago, and I have no specific recollection.

Let's apply logic to the facts: PK acknowledge sending emails to HRC's private server. In the above exchange, he admits to receiving emails from HRC's private server.

Q: Do you know when Mrs. Clinton left the State Department?
A: She left the State Department in January of 2013.
Q: On January 27, 2013, did you know that Mrs. Clinton was going to be leaving the State Department shortly thereafter?
A: Yes. I knew contemporaneously that the President Elect Obama, had nominated John Kerry to be the next Secretary of State.
Q: When you received this e-mail or sent these e-mails, do you recall thinking how these records would be records-managed because Mrs. Clinton was leaving office in the near future?
A: I have no recollection of thinking that.
Q: Earlier today you testified that you were not aware of Mrs. Clinton using a non-State.gov e-mail account for State Department business until you saw it in The New York Times. Do these documents help refresh your recollection, or would you like to change your answer now that you've seen these documents?
A: No, sir. Your question was when I realized that Mrs. Clinton used -- I interpreted your question being when Mrs. Clinton used State Department e-mail for a significant amount of business.

Patrick, Patrick, Patrick: that is not at all what the prior questioning about HRC using non-State.gov email was about. If I were FBI, I would recommend a 2 year extension of your prison sentence for blatantly lying in such an obvious manner

Q: Prior to The New York Times article, were you aware that Mrs. Clinton used a non-State Department e-mail account for at least one e-mail?
A : Yes.
Q: Do you recall when you first learned that she was using a non-State Department e-mail address for at least one e-mail?
A: When I got an e-mail from her, sir, whichever the first one would have been.
Q: Do you recall what the first one was?
A: No, sir, I do not.
Q: At that time when you received that first e-mail, did you think about the fact that Mrs. Clinton was using a non-State.gov e-mail account?
A: It did not strike any bells in my mind, no.
Q: Why didn't it strike any bells?
A: Because it did not.

Please add another two months to PK's extended sentence.

Q: Do you use a State Department e-mail address to conduct official government business?
A: I use a State Department.
Q When you received e-mails from Mrs. Clinton, did you think it was unusual for the Secretary of State to be not using a State Department e-mail address?
A: No, I did not. Because previous Secretaries of State had not used e-mail addresses at all.
Q: Okay. But Mrs. Clinton was using an e-mail address; wasn't she?
A: To the best of my knowledge and experience, it was a very, very limited nature.
Q: Did you ever ask Mrs. Clinton if she was using a non-State Department e-mail address for State Department reasons?
A: No, sir.
Q: Did you ever ask Mrs. Clinton if she was using e-mail as Secretary of State?
A: No, sir, I did not.
Q: Did you speak with anyone about whether or not Mrs. Clinton was e-mailing for State Department business?
A: To the best of my recollection, no.
Q: Why not?
A: It's not something that I ever focused on.
Q: Was somebody else in charge or somebody else supposed to focus on that issue?
A I think this is a two-part answer. One, I knew that the Secretary of State was receiving regular communications through all the State Department channels. And secondly, I am not responsible for the provision of records or telecommunication support to the Secretary of State. That is handled by an office within the Executive Secretariat. So it was not in my purview.
Q: Who would have that individual or those individuals have been?
A: There is an office within the Executive Secretariat, and I cannot recall all the individuals who might have been working in that office over the period of four years.
Q: At any point during Mrs. Clinton's four years when you would receive the occasional e-mail from her, did you think about how those e-mails would be records-managed?
A: No, sir. I was focused on responding to the query that I had received.
Q: Prior to receiving those e-mails, did you talk to anybody about Mrs. Clinton's e-mail address?
A: I don't recall ever having talked to anyone about Secretary Clinton's e-mail address. Because as I responded, sir, to a previous question, it was not my responsibility to provide that level of telecommunications or other electronic messages to the Secretary. That was handled by an office that was responsible for that function.
Q: How do you know that former Secretaries of State did not use did not use e-mail?
A: I never had received an e-mail from any of the Secretaries of State that I had ever worked for.
Q: How many Secretaries of State had you worked for prior to Mrs. Clinton?
A: It is appropriate to say that I had worked directly for six Secretaries of State total.
Q: So when you first received an e-mail from Mrs. Clinton, that was unusual, then?
A: "Unusual" not the word I just said. It was -- it was something that had not happened before, but I would not characterize it as unusual.
Q: Because it had not happened before, did you think about it any differently from any other e-mails you would receive?
A: I'm not sure that I understand your question. Could you please restate.
Q: You've testified that you had never received an e-mail from six prior Secretaries of State. So I'm just wondering, when
you received an e-mail from the Secretary of State, did you think about it?
A: First you had asked how many Secretaries of State I worked for. The answer is six. It would have been four prior Secretaries of State. Secretary Clinton would have been five. Secretary Kerry would have been Number 6.
Q: So there were four prior Secretaries that you had never received an e-mail from, and then Mrs. Clinton started -- e-mailed you on occasion. Did you think about that at all?
A: No, sir. Because they were so infrequent.
Q: During the four years Mrs. Clinton was Secretary of State, who was your primary e-mail contact within the Office of the Secretary?
A I guess my primary contact would have been the chief of staff, Ms. Mills, yes, sir.
Q: Did you contact Ms. Mills on a State Department e-mail account?
A: Yes, sir, I did.
Q: Why did you not contact her on a non-State.gov e-mail account?
A: Because that's how she addressed me.
Q: As Mrs. Clinton was transitioning into her role as Secretary of State, so late 2008, early 2009, do you know if she
requested an e-mail address?
A: No, sir, I do not.
Q: Do you know if she requested a BlackBerry?
A: My recollection, there was a discussion with the Secretary about her desiring to be able to communicate with her family.
Q: By using a BlackBerry?
A: By having a capability to communicate with her family. I was unaware of the exact specific nature of the device to be used.
Q: Then just talk generally what you recall about what was going on at that time period.
A: Generally speaking, the Secretary wanted to be able to contact her family. And that was a subject that was being handled by the Executive Secretariat. I was just aware of it generally, but not specifically.
Q: How were you aware of it?
A: I think someone mentioned it to me. But, again, you're asking me a question about something that was almost eight years Q: Do you recall who you spoke to?
A: No, sir, I do not.
Q: Do you know how this issue was resolved, or if it was resolved?
A: I know that it was resolved that the Secretary of State had a means of communicating with her family.
Q: How do you know that?
A: Because I remember, again, someone telling me that eight years or six -- seven and a half, eight years ago.
Q: Do you recall if any discussions took place about her wanting to communicate by e-mail with State Department employees?
A: No, sir. I recall no conversations of that nature.
Q: So the only conversation you had were about her desire to e-mail with family and friends?
A: Those are the conversations I recall.
Q: So when you received that first e-mail from Mrs. Clinton about State Department business, were you surprised?
A: Because I wasn't. I didn't find it unusual.

To summarize the above, lengthy exchange: PK said "I don't meddle in nobody's private stuff." And "When the fifth employer (SOS) initiated emails--nothing happening here."

A brief recess was then held during which PK's lawyer advised him to restate one of his prior answers, possibly to reduce the extra two years, two months extension of his sentence:

A: Yes. In response to one of your earlier questions about when did I first learn about e-mails, I understood you to say one thing, but thinking about it, there's actually a broader three-part answer. When did I first learn that she used e-mail, which, as I said, when I received an e-mail from her. When did I learn that there was a large quantity of material that might include e-mails? That was when we received the 55,000 pages of material from Secretary Clinton's representative in response to my letter to them. Then when I learned that there was a large amount of e-mail material, and that was in March of '15, when the story was in The New York Times.
Q: Why did you send that letter that led to Mrs. Clinton's return of the roughly 55,000 pages of e-mails?
A: On the advice of the State Department's legal office. The letter went to several recent Secretaries of State..

Mmmm, BlackBerry pie!

Q: While Mrs. Clinton was Secretary of State, did you ever see her use a BlackBerry?
A: I believe there were several occasions when I saw her with some kind of a PDA, some kind of BlackBerry-like or equivalent device in her hand.
Q: How often, roughly, would that have been?
A: I saw her occasionally outside of her office with one, and when I say "occasionally," a handful of times literally over four years. And then I remember there was in one case- a picture on the front page of several major newspapers of her on an aircraft with a PDA in her hand
Q: When you saw that photo, did you know why she was using the PDA in the picture?
A: My recollection, sir, was that there had been discussions earlier on, as I may have noted earlier, that the Secretary wished to remain in contact with her family, and, therefore, she was looking for a means of being able to do that.
Q: When you saw Mrs. Clinton in the hallway outside of her office, did you think she was e-mailing family and friends?
A: Yes.
Q: Is that what you thought about when you saw the picture?
A: I'm not sure that I thought anything when I saw the picture.
Q: After seeing the picture, did you talk to anybody in the State Department about it?
A: No, sir.
Q: When you saw Mrs. Clinton in the hallway, did you ever talk to anybody at the State Department about Mrs. Clinton's use of a PDA outside of her office?
A: No, sir.

Discussion now shifts to HA:

Q: Do you know if Ms. Abedin used a non-State.gov e-mail account to conduct government business?
A: You showed me a document in the earlier session in which there was a Huma Abedin something-something dot com address. So that refreshed my memory. I have no recollection of communicating with Huma on a dot com address.

Was the non-State.gov email address authorized?

Q: Do you know if Mrs. Clinton was authorized to use a non-State.gov e-mail address for government business?
A: No, sir, I do not.
Q: If she were to receive authorization, who would know that?
A: It would have come either from the chief information officer or from the Bureau of Diplomatic Security. Most likely a combination of the two of them.
Q: Was Mrs. Clinton's use of a non-State Department e-mail address, did it conflict with any State Department policies, practices, or procedures?
A: I'm not a lawyer, sir. I would have to consult with the appropriate officials and the legal advisor's office, the Bureau of Diplomatic Security, the Bureau of Administration, and the chief information officers to give you a formal response as Undersecretary for Management.
Q: Do all of those offices report to you?
A: No, sir, they do not.
Q: Which ones report to you?
A: The Bureau of Administration, the Bureau of Information Resources Management, the CIO, and the Bureau of Diplomatic Security, the Office of the Legal Advisor, sir.
Q: Who does the Office of the Legal Advisor report to?
A: Reports to the Secretary of State.
Q: Do you report to the Secretary of State?
A: Yes, sir.
Q: Were you ever specifically instructed not to inform the national archives about Mrs. Clinton's use of a non-State Department e-mail address?
A: No, sir.

What does PK know about HRC getting legal advice for her scheme?

Q Okay. Do you know if Mrs. Clinton at any point was told not to use a non-State.gov e-mail account for government business?
A: I have no knowledge of that, sir.
Q: Who would be responsible for informing Mrs. Clinton that she should not use a non-State.gov e-mail account for government business?
A: It would have been the records and technology section in the office that supported the Office of the Secretary.
Q: Do you know who was in charge of that office while Mrs. Clinton was Secretary of State?
A: There were several individuals in the Executive Secretariat, which is the office that provides that support to the Secretary's immediate office.
Q: Do you know specifically a job title of who would be responsible for informing the Secretary that she should not use a non-State.gov e-mail account to conduct government business?
A: I'm not sure that I can identify a specific individual person. It would have been the collective responsibility of the Executive Secretariat, which provides that administrative-type support.
Q: Approximately how many employees are within the Executive Secretariat?
A: In going to that portion, which is the technology portion, plus supervisors, I can only guess several dozen.
Q: So it would have been the responsibility of those several dozen employees?
A: No, sir, it would have been responsibility of the supervisors of the unit that does IT and records support.
Q: Do you know who that supervisor was during Mrs. Clinton's tenure?
A: I'm not sure that I could give you the specific name. Because, again, that is not an office that is within my area of responsibility.
Q: Do you know if that person was John Bentel?
A: I know that John Bentel was one of the office directors within the Executive Secretariat, yes. But I do not remember his exact period of tenure.
Q: Do you know if anybody informed Ms. Abedin that she should not use a non-State.gov e-mail account to conduct government business?
A: I can't answer that question because it's not within my knowledge.
Q: As Undersecretary for Management, what is your role when it comes to FOIA?
A: The Bureau of Administration, one of its divisions, under a Deputy Assistant Secretary, is responsible for the processing of FOIA requests centrally for the department.
Q: That person reports to you?
A: No, sir. That person reports to a Deputy Assistant Secretary, who reports to an Assistant Secretary, who reports to me.
Q: Is it correct that you're the senior agency official for records management?
A: Yes, sir.
Q: What does that mean?
A: There is a requirement that there simply be a senior officer of the department who carries that title. But the actual working responsibilities rest with various staff within the Office of Information Program Services, which is one of the Deputy Assistant Secretariats within the Bureau of Administration

Everybody got that? Please send me an organization diagram in the morning so I will know that you have read this.

The following exchange concerns PK's official duties in response to FOIA administration:

Q: How often do you speak with that person?
A: Infrequently.
Q: During Mrs. Clinton's tenure, did you speak to anyone about FOIA requests about Mrs. Clinton's e-mail, FOIA requests for e-mails of Mrs. Clinton?
A: During her time as Secretary of State, no.
Q: What about after her tenure as Secretary of State?
A: When there began to be the large discussion, especially about the 55,000 documents, I was briefed that there were these at the point in which the documents had been inputted into our system of records review, yes, I was told about the process and provided that entity with additional resources in order to do the work.
Q: Did you have any discussions with any individuals after Mrs. Clinton's tenure about FOIA requests that were received during her tenure as SOS with that person?
Q: Did you have any discussions with any individuals after Mrs. Clinton's tenure about FOIA requests that were received during her her tenure there that related to her emails? the time frame here...between February of 2013 and the present, have you had any conversations with anyone at the State Department about the processing of FOIA requests for Mrs. Clinton's e-mails or related to Mrs. Clinton's e-mails, I think I said the first time, while she was Secretary of State excluding the legal advisor and the attorneys sitting here today?
A: I do not believe I had any discussions of that between February of 2013 and March, April of 2015.
Q: What about since March or April of 2015, excluding attorney -- legal advisor or the Justice Department attorneys representing you with respect to this case?
A: I was briefed in and on the process of processing the 55,000 documents, and provided them with additional resources, and was kept apprised of the ongoing effort to respond to Freedom of Information Act requests.
Q: Did you have any discussions during that time period post March of 2015, about the processing of FOIA requests while Mrs. Clinton was Secretary of State?
A: Not to the best of my recollection.
Q: During Mrs. Clinton's tenure, how often would you be involved in FOIA-related issues?
A: Aperiodically.
Q: What type of involvement would you have?
A: It would be budget reviews, we have to build a budget for the back end of the State Department and make sure that it's sufficient resources were requested in order to provide for all the offices. And I would get briefings periodically on just how we were doing on FOIA response writ large. Meaning volumetric, not specific cases.
Q: How often were you involved with specific FOIA responses during Mrs. Clinton's tenure?
A: Only when my office was an addressee for one of the taskings that came from the that did that.

Exhibit 2.

Q: Looking at the middle of 66 the first page, do you recall sending this e-mail to Ms. Mills on April 2nd, 2012?
A: No, sir, I do not.
Q: Could you describe what that e-mail was that you were sending to Ms. Mills?
A: No, sir, I do not recall either the document or the subject matter.
Q: Do you know how many times over the course of Mrs. Clinton's tenure were you involved in the processing or the release of FOIA requests that may get press attention?
A: As I said, I was not involved in the processing of FOIA requests, except to the extent that my office would have received a tasker asking did I have in my possession documents of relevance to the FOIA request.
Q: During Mrs. Clinton's tenure, as well as after, have you ever received any taskings to search your e-mails for e-mails of Mrs. Clinton or Ms. Abedin?
A: Yes.
Q: During Mrs. Clinton's tenure, did you receive any taskings to search your e-mails for Mrs. Clinton or Ms. Abedin's e-mails?
A: I have no recollection of any tastings during the Secretary of State's tenure.
Q: Approximately how many taskings have you received since Mrs. Clinton's tenure?
A: I would be very reluctant to hazard a guess.

My guess is that the number was possibly quite numerous.

Q: Why were you tasked to search for those
A: Because I received a tasker.
Q: Do you know why you received the tasker?
A: Because the records office thought that my office might have such records and sent my -- there is a -- there is an individual in my office who receives these taskers- for the Office of the Undersecretary, and then checks with myself and the staff in the office to make sure if we are holding responsive material, we are responsive.
Q: Do you recall if those taskers were specific to search for e-mails correspondence you had with Mrs. Clinton or Ms. Abedin, or if it was generally a tasker for records related to a specific issue?
A: I think the answer is both and.
Q: Could you explain that a little bit?
A: We received requests that were both related to To/From, and Subject.
Q: Going back to the exhibit document marked as Exhibit 2. Do you recall how many FOIA requests you reviewed or you were part of the process during Mrs. Clinton's tenure that related to her e-mails?
A: I honestly don't remember a number.
Q: Do you remember any?
A: I cannot say that they were none, but I'm trying to remember things that took place over four years, which were anywhere
between eight and three-and-a-half years ago.
Q: Do you know who is responsible for processing FOIA requests processing Mrs. Clinton's e-mails during her tenure for FOIA
requests?
A: That would be a function that resided in the Executive Secretariat.

BP, aka "the Connection":

Q: Do you know who Mr. Pagliano is, Bryan Pagliano?
A: Yes, sir.
Q: When did you first learn of Bryan Pagliano?
A: I would say sometime in the first quarter of 2009.
Q: How did you become aware of him?
A: One of the offices that reports to me coordinates the onboarding of noncareer appointees.
Q: Was Mr. Pagliano a non career appointee?
A: Yes, sir.
Q: Which office was he assigned to?
A: The Bureau of Information Resources Management.
Q: Do you know how he ended up in that office?
A: I generally recall that since he had an IT technical background, that was the office that handled the backbone processing for the Department of State in the IT arena.
Q: Do you know how his résumé ended up with the IRM department?
A: I believe it was given to me, and I gave it to the Bureau of Information Resource Management.
Q: Do you know who gave you his résumé?
A: I do not remember exactly, but it would have come to me from the White House liaison office.
Q: Who was in that office at that time?
A: There were three or four people in the office at that time.
Q: Do you know why they provided you with his résumé?
A: That is the function of that office.
Q: Do you know if anybody had asked for him to be employed at the State Department?
A: It is the function of that office to propose noncareer appointees for positions within the State Department. That is the historical responsibility of that office.
Q: Do you know how that office received Mr. Pagliano's résumé?
A: I do not recall knowing that.
Q: Did Mr. Pagliano report to you?
A: No, sir.
Q: Do you know who he reported to?
A: To the best of my recollection, it was one of the deputy chief information officers.
Q: Do you know what Mr. Pagliano's job description was while he was employed at the State Department?
A: I do not recall ever being briefed on that, no, sir.
Q: Do you know if Mr. Pagliano worked on Mrs. Clinton's personal e-mail account?
A: I did not know that contemporaneously.
Q: Do you know that now?
A: I have read articles in the newspaper so asserting.
Q: Have you spoken to anybody besides the Office of Legal Advisor or the Department of Justice attorneys representing you here or any pending law-enforcement investigation about what you learned in those newspaper articles?
A: I believe in response to a congressional inquiry, I checked with the Bureau of Human Resources on his status.
Q: Do you recall what the Bureau of Human Resources informed you?
A: They just informed me that at one point they informed me he was no longer an employee. And then they also informed me of where he was placed within the Bureau of Information Resource Management.

The omnipresent, but little known, CF:

Q: Do you know who Clarence Finney is?
A: Clarence Finney is an officer within the Executive Secretariat's office that deals with records.
Q: Have you ever spoken to Mr. Finney about Mrs. Clinton -- generally about Mrs. Clinton's use of e-mail?
A: To the best of my knowledge, I don't think I ever have spoken to Mr. Finney.
Q: I wasn't sure by your answer. Have you ever spoken to Mr. Finney about FOIA requests related to Mrs. Clinton's e-mail?
A: No, sir.
Q: Have you ever spoken to Mr. Finney about FOIA requests related to the Office of the Secretary generally?
A No, sir. Because that is not something an Undersecretary for Management would normally do.

Conversations with HRC:

Q: Are you aware that Mrs. Clinton has stated that it was her practice to e-mail government employees on their dot gov e-mail address so that the e-mails would immediately be captured and preserved in record-keeping systems?
A: I believe I have seen that in the newspaper.
Q: Do you know when you first saw that in the newspaper?
A: I would be unable to pick a date.
Q: Do you know if you knew that that was her practice prior to reading it in the newspaper?
A: I have no way of answering what the Secretary of State thought her practice was.
Q: Did you ever talk to Mrs. Clinton about her practice of preserving e-mails?
A: No, sir.
Q: Have you ever talked to anybody else in the State Department about Mrs. Clinton's practice of preserving e-mails, excluding the legal advisor.?
A: I believe my conversations have only been with the legal advisor, to the best of my recollection. Or potentially with one of my staff, who I tasked to go get an answer from the legal advisor.
Q: Do you recall which individuals of your staff that you spoke with?
A: No, sir.
Q: Do you know if anybody in the State Department approved this practice that Mrs. Clinton stated that she had?
A I am not aware of anyone.
Q: Do you know if this practice is contrary to State Department policy?
A: To answer that question I would have to consult with my subject matter experts and with the Office of the Legal Advisor.
Q: Based on your understanding of the State Department's records-management policy, do you believe Mrs. Clinton's practice of preserving e-mails was contrary to your beliefs?
A: In order to render an opinion as the Undersecretary for Management, I am very careful when I render such opinions. And, therefore, I consult with subject matter experts and the Office of the Legal Advisor before rendering opinions which have some standing within the State Department as the Undersecretary.
Q: Based on your knowledge of the State Department's records-management policy, do you know if Mrs. Clinton's use of a non-State.gov e-mail account to conduct official government business was contrary to that policy?
A: As I've said before, I would consult with the experts. I will add that it is -- the State Department employees are
encouraged to use State.gov addresses.
Q: As senior agency official for records management at the State Department, do you believe that Mrs. Clinton's use of a non-State.gov e-mail account was contrary to State Department policy?
A: As I said, the State Department records encourages the use of State.gov. But to go further than that, I would have to consult with subject matter experts and the Office of the Legal Advisor.
Q: As the senior agency official for records management at the State Department, do you believe that Mrs. Clinton's practice to e-mail other individuals so their e-mails could be preserved was contrary, is contrary to State Department records-management policy?
A: State Department records-management policy encourages the use of State.gov addresses for official business, and to go further I would need to consult with subject matter experts and the Office of the Legal Advisor.
Q: My question was a little bit different. My question was focused again on Mrs. Clinton's stated practice to e-mail government
employees on their dot gov e-mail address, that way work e-mails would be immediately captured and preserved in government recordkeeping systems. Before you testified that as Undersecretary of Management you couldn't answer that question without consulting. So my question now is, as senior agency official, as the senior agency official for records management for the State Department, do you believe that that practice of preservation, or that her stated practice of preservation, was contrary to State
Department policy?
A: As I said, State Department regulations encourage State Department employees to use State.gov e-mail addresses. To go further and say whether in a specific case something does or does not conform to that recommendation, I would have to consult with subject matter experts and the Office of the Legal Advisor.
Q: When did you first become aware that Mrs. Clinton was using what's been described in the media as a personal server, e-mail server?
A: As I have testified previously, I did not focus on her e-mail address when I received the documents that we had discussed
earlier. I did not focus on that. So it just did not set off any bells in my head that these were coming from a personal server. And, therefore, my answer to your question is when I read about it in the newspaper in March of 2015.
Q: Prior to March 2015, do you recall having any conversations with anyone at the State Department about Mrs. Clinton's e-mail server?
A: Not to the best of my recollection, no, sir.
Q: Do you recall having any e-mail correspondence or seeing any e-mail correspondence that talked about Mrs. Clinton's
e-mail server?
A: I do recall in reviewing material there was a trailing paragraph in a document that talked about it. But I did not focus on the trailing paragraph, because the primary paragraph in that e-mail was about an issue that I had been working on, which is why I was on that -- copied on that e-mail.
Q: Do you recall any other e-mails, besides that one, that referred to Mrs. Clinton's e-mail server?
A: No, sir, not to the best of my recollection.
Q: In preparing for your testimony today, besides the Office of Legal Advisor, Justice Department attorneys, or any law-enforcement officers in an ongoing law-enforcement investigation, who did you speak with? Did you speak with anyone about your testimony today?
A: I told my wife I was testifying today. I told my staff I was testifying today.
Q: So besides law enforcement, Office of Legal Counsel, Justice Department attorneys, did you speak to anybody today
about the substance of your testimony?
A: If I may change your question, Office of Legal Counsel, to Office of Legal Advisor at the State Department.
A: No.
Q: Did you review any records in preparation for testimony today?
A: Except from discussions with the Office of the Legal Advisor or the Department of Justice, no, sir.
Q: When did you last speak with Mrs. Clinton?
A: I think I saw Secretary Clinton at a social function some months ago.
Q: Since Mrs. Clinton left the State Department, have you spoken to her or any of her representatives about her e-mail usage while she was Secretary of State?
A: Spoken, no.
Q: What about e-mailing?
A: E-mailing, no.
Q: Letter writing, correspondence in hard-copy form?
A Yes. Communications that the Office of the Legal Advisor had me send to representatives of four former Secretaries of State.
Q: Have you spoken with Ms. Abedin or Ms. Mills about the substance of your testimony today?
A: No, sir.
Q: Mr. Kennedy, I just have a few more questions. First, when we came back from the previous break, you talked about the three-part answer to your knowledge about Mrs. Clinton's use of personal
A: Yes, sir.
Q: I'm not sure, looking back, that I fully understood the difference between Part 2 and Part 3. And I was just wondering if you could just elaborate again on your answers on the different parts.
A: In Part 2, which was the request that we had sent out to four former Secretaries of State asking for any material that they might have that we might not have, when I was informed that -- that Secretary -- former Secretary Clinton had submitted
a large quantity of material in December of 2014. It was -- that material was then put into processing, and I was unaware of the contents of that material. And then a story in the newspaper in about March of 2015 about her extensive use of e-mail. I was trying to draw a distinction between the fact that I knew that we had received a large quantity of material, but my knowledge of the nature of that did not come to me immediately.
Q: The nature of it came to you after you read the newspaper article?
A: That, in response to your specific question, when did I knew there were lots of e-mails. Extensive use of her e-mails, I think how you phrased it, or I phrased it.
Q: Did you know, prior to sending those letters in the fall of 2014, that Mrs. Clinton used her non-State.gov e-mail account to extensively conduct government business?
A: As I testified previously, sir, not extensively.

More about PK communicating with HRC about her private email:

Q: When you wrote the letter then, what were you expecting Mrs. Clinton to return?
A: I was advised by the Office of the Legal Advisor to send these letters about records to four previous Secretaries of State.
I had no anticipation one way or the other as to what the responses would be from any of the four Secretaries of State. But I have a high value in counsel that I received from the Office of the Legal Advisor.
Q: Did you speak to anybody else, anybody outside of the Office of the Legal Advisor, before sending those letters in the fall of
2014?
A: No. I think the entire work product was coordinated by the Office of the Legal Advisor, with the exclusion of obviously of some staff who actually formatted the letters, printed them, and handed them to me for signature.
Q: Do you know who was responsible for inventorying Mrs. Clinton's records as she was transitioning away from being Secretary of State?
A: That would have been the responsibility of the records section of the Executive Secretariat.
Q: Did you have any responsibility at all about the inventorying of Secretary Clinton's records?
A: I have no direct responsibility for the actions of a particular office within the State Department of that nature.
Q: Do you know if Mrs. Clinton's e-mails were inventoried at the end of her tenure?
A: I have no personal knowledge of the inventorying of any other appointee.
Q: Have you spoken to anybody at the State Department outside the Office of Legal Advisor about whether Mrs. Clinton's e-mails were inventoried when she was leaving office?
A: Not contemporaneously with her departure, no.
Q: Since her departure, have you spoken with State Department employees outside the Office of the Legal Advisor?
A: It is possible that I spoke to somebody about it, but I cannot remember a specific conversation about it, no, sir.

Now the Defendant's (PK) attorney will ask some "cleanup questions" Which usually means that the deposition is very close to terminating--
EXAMINATION BY COUNSEL FOR DEFENDANT BY MR. MYERS:

Q Undersecretary Kennedy, I have just a few questions for you. You testified earlier that you had never received an e-mail from the previous Secretaries of State that you served under prior to working for former Secretary Clinton. What was your understanding of how those individuals, how those former Secretaries communicated and did their jobs?
A: There is a historical practice going back at least over the 40 years that I have been at the State Department, including a previous period of time on what's called the seventh floor of the State Department. I was an aid to the Undersecretary for Management back in the 1970s. So there is a long-standing practice of the Secretary of State having a senior staff meeting in the morning, then one or more staff meetings during the course of the week with a larger number of senior State Department officials.
There are regular briefings of the Secretary of State in his/her office before --before major events, where a senior team will assemble to go over the material in preparation for the next meeting. There are action memos to the Secretary of State proposing a course of action. There are briefing memos in preparation for events. There are information memos just conveying senior information that is necessary. We have a system that we still call telegrams that exists. These are messages from ambassadors overseas. Copies of important such messages as those are provided to the Secretary of State. And the Secretary of State also has access to both secure and nonsecure telephonic communications. And so there is an apparatus and a history of providing information to the Secretary of State.
Additionally, the Secretary of State also will tell personal staff or the Executive Secretariat of any requests they might have for information on a subject that has come up to their ken and that they wish more information. So there's a very robust exchange, flow of information, to and from the Secretary of State through the means I've just described.
Q: Did former Secretary Clinton use all of those means of communicating that you've just described?
A: Yes, sir.
Q: While you worked for her, was it your understanding that she was primarily using those tools or e-mail to conduct her state business?
A: My understanding was that she was using the classic tools that I had described a moment ago.
Q: Then I have just one other question. During the period of time when you were Undersecretary of Management, serving under former Secretary Clinton, roughly how many e-mails would you say that you received in a typical day, including both classified and unclassified e-mails?
A: I would say somewhere between five and seven hundred a day.

EXAMINATION BY COUNSEL FOR PLAINTIFF BY MR. BEKESHA:

Q: You just testified that you understood that Mrs. Clinton was primarily using the classic tools to communicate or do her business.
A: Yes.
Q: Why was that your understanding?
A: Because I was in the senior staff meeting in the morning. I was in the one or more of the expanded staff meetings. I participated in briefings that she received prior to events at the White House, events overseas, events on the Hill. I sent her action memos, briefing memos, information memos. And those memos are also -- that go to the Secretary potentially from another senior official are distributed laterally, so to speak, to other undersecretaries for their cognizance and contextual knowledge. I was in the meetings, I was in some of the briefings. I knew from her schedule about the other briefings. And I
was either sending her material or I was copied on those action info and briefing memos that she was receiving.
Q: You described this as a historical practice. I think you also used words "apparatus" and "history." About how the Secretary
of State would conduct her business, or conduct the business of the Secretary. Didn't that make it all the more surprising when you received an e-mail from Mrs. Clinton, because it was outside of this
historical practice, outside this robust exchange of information, outside this apparatus and history? I mean, didn't you think, Oh, this is different from the four previous Secretaries you worked for?
A: No, sir, because of the very small volume of e-mails involved.
Q: Approximately how many e-mails over the four years you received or send to Secretary of State?
A: I'm guessing 50, 75, some -- some number in that range. Q And--
Q: During that period when receiving those e-mails, you never thought this was outside the historical practice, this robust exchange of information, this apparatus and history that you were just talking about?
A: No, sir; because of the small volume.

QUESTIONS WITNESS WAS INSTRUCTED NOT TO ANSWER:
Page 41:

Q: Do you use a personal e-mail account or a non-State Department e-mail account to communicate for State Department business?