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Judicial Watch • JW v State additional evidence 01363

JW v State additional evidence 01363

JW v State additional evidence 01363

Page 1: JW v State additional evidence 01363

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Number of Pages:4

Date Created:February 16, 2016

Date Uploaded to the Library:February 16, 2016

Tags:Secretaries, Platte, Networks, River, evidence, 01363, motion, Secretary, defendant, filed, clinton, plaintiff, request, document, State Department, records, FOIA, department


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Case 1:13-cv-01363-EGS Document Filed 02/16/16 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
Plaintiff,
U.S. DEPARTMENT STATE,
Defendant.
Civil Action No. 13-cv-1363 (EGS)
PLAINTIFF JUDICIAL WATCH NOTICE
ADDITIONAL RELEVANT EVIDENCE
The State Department time and again has informed this Court that only
requested via November 2014 letter, version which was sent several former secretaries state, that Mrs. Clinton return records the State Department. See July 31, 2015 Transcript
pp. 18-22 (The State Department sent letters the former secretaries requesting that they
provide all documents that may federal records including e-mails non-state.gov account.
The former secretary provided 55,000 pages. see also Defendant Notice Filing (Aug.
2015) (ECF No. 18) (only submitting the November 2014 letter); Declaration John Hackett
(Aug. 14, 2016) (ECF No. 26-1) (stating that the State Department received
approximately 55,000 pages emails from Mrs. Clinton response request from the
[State] Department that former Secretaries their representatives return certain records
the State Department); Defendant Response Plaintiff Notice Pertinent Information (Oct. 2015) (ECF 43); Defendant Motion for Summary Judgment (Nov. 13, 2015) (ECF No.
47-1) November 2014, [the State Department] wrote the representative former
Secretary Clinton, well representatives other former Secretaries State, and asked
Case 1:13-cv-01363-EGS Document Filed 02/16/16 Page
them assist State fulfilling its obligations under the Federal Records Act. Third
Declaration John Hackett (Nov. 13, 2015) (ECF No. 47-2) December 2014,
former Secretary Clinton provided the Clinton emails response request from the [State]
Department that former Secretaries their representatives return certain records the State
Department.). its Motion for Discovery, Plaintiff provided evidence suggesting that the State
Department has been less than forthright with the Court concerning when and how requested
that Mrs. Clinton return records. See Motion for Discovery 20-22.
Specifically, Plaintiff referenced records produced Platte River Networks
the Select Committee showing that, July 2014, Mrs. Clinton asked Platte River Networks
copy Mrs. Clinton emails located the clintonemail.com system onto DVD and that Platte
River Networks complied with the request. Id. 20. Plaintiff also cited testimony provided Ms. Mills the Select Committee which she stated that late summer she learned that
the State Department was going needing augment their records and would making
request that. Id. (quoting Mills Interview pp. 250-51).
Because the apparent conflict between the State Department repeated
assertion and the limited available evidence, Plaintiff sought discovery, part, uncover
specific facts about the State Department request for the return records from the
clintonemail.com record system. Motion for Discovery 26. Such facts include:
Prior October 2014, did the State Department request that Mrs. Clinton and Ms.
Abedin return all federal records located the clintonemail.com system;
When and under what circumstances did the State Department realize did not have
all federal records from the clintonemail.com system; and
-2-
Case 1:13-cv-01363-EGS Document Filed 02/16/16 Page
Once the State Department realized did not have all federal records from the
clintonemail.com system, what steps did take gain possession them.
Id.
Plaintiff just recently received additional evidence that demonstrates that the State
Department has been less than forthright with the Court concerning when and how requested
that Mrs. Clinton return records. August 22, 2014, email David Wade, then Chief Staff
Secretary State John Kerry, Ms. Mills stated: wanted follow your request last month about getting hard copies
Secretary Clinton emails to/from accounts ending .gov for her tenure the
Department. will able get that you, the best its availability. Given
the volume, will take some time but wanted let you know that
working get you.1
This email indisputably shows that the State Department first asked Mrs. Clinton return records late July 2014, not November 2014 the State Department would have
this Court and Plaintiff believe.
Plaintiff should not have rely the dribs and drabs information receives
from the State Department slowly processes the various FOIA requests submitted
Plaintiff and other requesters. This even more since the Court specifically asked the State
Department about how and when requested that Mrs. Clinton return records. See July 31, 2015
Transcript pp. 18-22; see also July 31, 2016 Minute Order.
This newly discovered email again demonstrates that discovery necessary for
Plaintiff once-and-for-all uncover and present all, relevant admissible evidence the Court
about whether the State Department and Mrs. Clinton deliberately thwarted FOIA.
Plaintiff received this record response another FOIA request the State
Department. The entire email chain received Plaintiff attached Exhibit
-3-
Case 1:13-cv-01363-EGS Document Filed 02/16/16 Page
Dated: February 16, 2016
Respectfully submitted,
/s/ Michael Bekesha
Michael Bekesha
D.C. Bar No. 995749
JUDICIAL WATCH, INC.
425 Third Street S.W., Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff Judicial Watch, Inc.
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