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Hillary Email Law Suit Gets New Life

Hillary Email Law Suit Gets New Life

“The case is not moot”

http://www.realclearpolitics.com/video/2016/09/08/hillary_clinton_there_will_be_phd_theses_about_sexism_against_me_written_for_a_long_time.html

The lawsuit probing Hillary’s use of a homebrewed server while serving as Secretary of State was revived Tuesday.

The District of Columbia Circuit Court of Appeals found error with a lower court’s judgement which tossed out complaints targeting Hillary’s emails.

Politico reported:

A three-judge panel of the District of Columbia Circuit Court of Appeals ruled unanimously Tuesday that a lower court judge erred when he threw out the cases as moot after the State Department received tens of thousands of emails from Clinton and more from the FBI following the criminal investigation it conducted.

Watchdog groups Judicial Watch and Cause of Action filed separate suits in 2015, asking that Secretary of State John Kerry and the head of the National Archives, Archivist David Ferriero, be required to refer the Clinton email issue to the Justice Department to consider filing a civil suit to get missing federal records back.

D.C. Circuit Judge Stephen Williams said State’s requests to Clinton and the FBI for copies of Clinton’s emails were not necessarily enough to fulfill State’s obligation to pursue any missing messages.

Congressional Democrats repeatedly accused Republican lawmakers of using Hillary’s private email account, which was uncovered during the House Select Committee on Benghazi’s investigation, as political fodder to sink her presidential campaign.

Politics aside, the D.C. Circuit Court of Appeals holds the Archivist is required, under the Federal Records Act, to “take enforcement action through the Attorney General” within a reasonable period of time if attempts to make the archive whole were unsuccessful.

From the opinion:

“Instead of proceeding through the Attorney General, the Department asked the former Secretary to return her emails voluntarily and similarly requested that the FBI share any records it obtained. Even though those efforts bore some fruit, the Department has not explained why shaking the tree harder—e.g., by following the statutory mandate to seek action by the Attorney General—might not bear more still. It is therefore abundantly clear that, in terms of assuring government recovery of emails, appellants have not “been given everything [they] asked for.” Noble v. Sombrotto, 525 F.3d 1230, 1241 (D.C. Cir. 2008). Absent a showing that the requested enforcement action could not shake loose a few more emails, the case is not moot.”

Full opinion here:

JW v Kerry Appeal Victory 16 5015 by Legal Insurrection on Scribd

Follow Kemberlee on Twitter @kemberleekaye

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Comments

I found the Noble case here: http://caselaw.findlaw.com/us-dc-circuit/1491285.html

If I’m reading the decision correctly, and I’m probably not, the Appeals court in that case slapped the lower court around for killing the document discovery request for “mootness” when the plaintiff was claiming the document request was incomplete.

buckeyeminuteman | December 29, 2016 at 11:09 am

Not getting elected president is not punishment for improper sending, storage & use of classified information. There are people in federal and military prisons for doing less. Hold her feet to the fire, this country needs some examples of what not to do!

For me it’s not so much that she had a (clearly) illegal server, nor that she sent and received emails from it.

It is what’s contained in those emails that she and her cohorts in crime seek to withhold from the public that is at issue.

Not only does she deserve to be in prison, she deserves a sentence so long that’s she’ll be buried in an unmarked grave in the prison cemetery.

Nothing less.

One of the things that REALLY bothers me about the lack of prosecutions for emailing classified material is the origin of the secret stuff. It is my understanding that Hillary (at least) received emails that had text copied from classified sources and the secure State Department internal system. Well who did the transcribing and sending? THAT person should be pretty easy to find. Just look at the FROM: field. They HAD to know they were violating the law. And no prosecutions? I HATE that kind of cover up, unlawful crap.

Hairy

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