Will Hillary Clinton be subject to a deposition under oath as to her use of various electronic devices and servers as part of the Judicial Watch FOIA federal lawsuit seeking records as to Huma Abedin's outside employment?
That is a distinct possibility in light of the State Department's apparent failure to comply with a Court order as to its efforts to search Hillary's original server for records.
The Court, at the request of Judicial Watch, has expedited a status conference originally scheduled for September 10, to August 19:
MINUTE ORDER. In light of the State Department's August 14, 2015 Status Report and Judicial Watch's August 17, 2015 reply thereto, a status hearing will be held on Thursday, August 20, 2015 at 12:00 p.m. in Courtroom 24A. The State Department shall file a reply to Judicial Watch's August 17, 2015 response no later than 12:00 p.m. on August 19, 2015. Signed by Judge Emmet G. Sullivan on August 17, 2015. (lcegs4) (Entered: 08/17/2015)
In its papers
, Judicial Watch says it intends to seek discovery, which normally does not take place in FOIA cases, because of the State Department's non-compliance. (Full embed of Judicial Watch request at bottom of post.)
While Judicial Watch has not specified what discovery it seeks to take, "discovery" can include depositions, which are sworn testimony on the record. Other forms of discovery would appear inadequate given the history of the case.
Given the players involved, discovery logically would include Hillary, Abedin, and Cheryl Mills, not to mention Hillary's attorney David Kendall as custodian of at least some records.
Judicial Watch provided the following statement in response to our inquiry:
“We believe that discovery is now the only way to receive the necessary information, wherever that may lead.”
Background - How We Got Here
On Friday, August 14, 2015, we covered the State Department's Court-ordered Status Report
That court order came after the Court ordered Hillary, Abedin and Cheryl Mills not to destroy records, and other court proceedings as to whether all electronic devices had been searched for records.