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Federal Judge: Hillary’s Private Email Server ‘one of the gravest modern offenses’ To Transparency

Federal Judge: Hillary’s Private Email Server ‘one of the gravest modern offenses’ To Transparency

“At best, State’s efforts to pass off its deficient search as legally adequate during settlement negotiations was negligence born out of incompetence”

A Senior United States District Judge of the United States District Court for the District of Columbia, Royce Lamberth, has acknowledged in his ruling that Hillary’s use of a private email server while in office is “one of the gravest modern offenses to government transparency.”

Lamberth further ordered agencies to work with Judicial Watch and formulate a plan to determine whether or not Hillary’s private email server was an intentional attempt to circumvent the Freedom of Information Act (FOIA).  He gave them 10 days to establish a discovery plan.

The Hill reports:

A federal judge called former Secretary of State Hillary Clinton’s use of a private email server while in office “one of the gravest modern offenses to government transparency.”

Judge Royce Lamberth sharply criticized both Clinton and lawyers for the Trump administration in a ruling Thursday granting the conservative group Judicial Watch discovery in their Freedom of Information Act (FOIA) lawsuit against the State and Justice departments.

Lamberth, a Reagan appointee, slammed both the use of the server and the government’s investigation.

“At best, State’s efforts to pass off its deficient search as legally adequate during settlement negotiations was negligence born out of incompetence,” Lamberth wrote of the department’s review of emails Clinton provided to investigators.

“At worst, career employees at the State and Justice departments colluded to scuttle public scrutiny of Clinton, skirt FOIA, and hoodwink this court,” he added.

In his ruling, Lamberth ordered the agencies to develop a plan with Judicial Watch for a discovery plan within 10 days that will determine whether Clinton used the server to evade FOIA requests. He also ruled that the plan should determine whether the State Department sought to settle the case with Judicial Watch “despite knowing the inadequacies of the initial search constituted bad faith.”

Judicial Watch, who filed the original complaint, has more:

Judicial Watch announced today that, in a ruling excoriating both the U.S. Departments of State and Justice, U.S. District Court Judge Royce C. Lamberth has ordered both agencies to join Judicial Watch in submitting a proposed schedule for discovery into whether Hillary Clinton sought to evade the Freedom of Information Act (FOIA) by using a private email system and whether the State Department acted in “bad faith” by failing to disclose knowledge of the email system.  The decision comes in a FOIA lawsuit related to the Benghazi terrorist attack.

Specially, Lamberth ruled:

… the Court ORDERS the parties to meet and confer to plan discovery into (a) whether Hillary Clinton’s use of a private email while Secretary of State was an intentional attempt to evade FOIA; (b) whether the State Department’s attempts to settle this case in late 2014 and early 2015 amounted to bad faith; and (c) whether State has adequately searched for records responsive to Judicial Watch’s requests.

Terming Clinton’s use of her private email system, “one of the gravest modern offenses to government transparency,” Lamberth wrote in his MEMORANDUM OPINION:

… his [President Barack Obama’s] State and Justice Departments fell far short. So far short that the court questions, even now, whether they are acting in good faith. Did Hillary Clinton use her private email as Secretary of State to thwart this lofty goal [Obama announced standard for transparency]? Was the State Department’s attempt to settle this FOIA case in 2014 an effort to avoid searching – and disclosing the existence of – Clinton’s missing emails? And has State ever adequately searched for records in this case?

***

At best, State’s attempt to pass-off its deficient search as legally adequate during settlement negotiations was negligence born out of incompetence. At worst, career employees in the State and Justice Departments colluded to scuttle public scrutiny of Clinton, skirt FOIA, and hoodwink this Court.

Watch Judicial Watch’s report on this breaking story:

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Comments

We ask for transparency but never get any. JW is doing the job our elected officials just can’t seem to get done. Thanks to JW.

Transparency–
To Hillary, it’s the ability to see through Bill’s B.S.
To Bill, it’s picturing good-looking women in see-through blouses.

Offense to transparency? What about an offense to the law?

    Milhouse in reply to snopercod. | December 8, 2018 at 8:53 pm

    That is yet to be determined, which is the whole point of the case before him. He ordered discovery to find out whether it was also against the law, but he’s already decided that even if it wasn’t it still stinks.

Humphrey's Executor | December 8, 2018 at 2:55 pm

If we’re every going to get to the truth, this is the the way — private citizens with the help of honest judges. The DOJ and congress have been worse than useless in investigating this.

Hillary shows incredible restraint, she is really laughing hysterically. Until there is a genuine downside, things like this will continue.

She left state in 13. What can she be charged with and what’s the statute of limitations on it? They win if they just slow walk the investigation until she skates because it’s too late to charge her. She and Comey are laughing their butts off. I applaud JW for their work, but only a conviction has even a chance to change anything.

Richard Grant | December 8, 2018 at 3:48 pm

I don’t see the big deal here. In one of the numerous law suits I was involved in (I get in trouble a lot) I deleted numerous emails. In fact, I utterly destroyed the computer and told opposing council that I had no clue of the where abouts.

As usual, I won the case. (One time I just waited out the Plaintiff and she ended up offing herself with her own meds…I WON, again)

Why does anybody care? It happens all the time?

Hell, I’ve lost many documents that showed I was guilty. Discovery? Oh, sorry, nobody knows about that document?

Anybody who takes American law serious is a stupid 1st day Law Student who is a fool.

Hilary did what those of us at the top always do. Let it go.

I admire Judge Lamberth. He clearly sees that it’s a duck. [If it looks like a duck, and waddles like a duck and quacks like a duck, then it’s a duck.]

What truly saddens me is the fact that JW is in this all alone. The media, it could be argued, brought Nixon down through Watergate, perhaps deservedly so.

But on this deal, the media is 100% looking the other way. So it confirms once again my theory that the media plays by two distinctly different sets of rules—one set for the progressives and the Democrats and another set for everyone else.

It’s a damn shame.

Water Closet was the political cloud for information sharing, and now it’s the quintessential outhouse for a cover-up.

Judge Notices the Obvious! Film at 11!

Seriously, once we heard the magic words “private e-mail server” so long ago, two minutes’ thought (ten, for those baffled by what whole “e-mail” thing) made two things obvious. One, Hillary was protecting her correspondence from Congressional investigation, FOIA requests, and the National Archives. And two, she had an ideal route to supply classified documents to paying customers (that is, anyone making a suitable donation to the Clinton International Slush Fund). In other words, espionage and treason, the modern easy no-muss-no-fuss way.

So a judge has finally articulated the first. Yes, that’s progress, but gawdawful slow. Color me unimpressed.

I thought the mere presence of “classified” documents on a private server was criminal… but then again…

The mere presence of classified documents on your non-government unencrypted email is a crime. But in her case, no reasonable prosecutor would prosecute. Despite the few hundred people (or more) who’ve already been prosecuted for the same offense, and been fined, jailed, or both.

What people forget is that a significant number of the emails which were on HRC’s server were downloaded to Anthony Weiner’s laptop. This laptop is, supposedly, still in federal custody. If JW, et al, can gain access to the HRC emails on that server, it is possible that the 33,000+ deleted emails, along with others, which the DOJ and State Department refuse to release, will provide evidence of additional criminal activity involving HRC and friends. What will come of all this is yet to be seen.

    regulus arcturus in reply to Mac45. | December 9, 2018 at 12:46 pm

    Even if they somehow do get access, what then?

    So far, no entity has shown willingness to act legally.

    The fix i in doesn’t begin to summarize the circumstances here.

    Extra-legal actions will likely be the action taken and result.

    tom_swift in reply to Mac45. | December 9, 2018 at 2:04 pm

    Nobody’s forgotten. And nobody’s forgotten that the Hillary cabal still have security clearances and are in no way inhibited from committing their crimes even now.

    No, we haven’t forgotten. But officialdom is pretending that it’s no big deal, it’s all business as usual—and that makes it even worse.

It’s just so tiring. Just hang her, and let God sort it out later.