Hillary lawyer: No obligation to retain “personal” emails and we decide what’s “personal”
on August 26, 2015
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One of the key disputes in the Freedom of Information Act (FOIA) lawsuit commenced by Judicial Watch seeking records as to Huma Abedin's outside employment is whether emails sent and received by Hillary Clinton through her personal email account on her personal server are "federal records" covered by FOIA.
The Court, however, has not ruled on the issue of which of Hillary's emails were covered by FOIA.
The issue is particularly pressing because the personal email account was the only account used by Hillary. "Federal records" and truly personal emails (e.g., Hillary's yoga lessons) were intermingled in a single email account in a private server outside of government monitoring (at least outside the U.S. government's monitoring, whether foreign governments hacked the account or server has not yet been determined.
Hillary's shadow electronic government deprived the State Department of its own ability to determine what needs to be produced under FOIA. That takes this case outside the normal course.
Hillary or her attorneys admit that not all emails were produced, and that over 30,000 Hillary determined were personal were deleted and the server wiped clean.
In so doing, Hillary has deprived Judicial Watch and the public of the ability -- through keyword searches, for example -- to test whether the "personal" emails were only about Yoga and Chelsea's wedding.





