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Judicial Watch • JW v State notice of new info 01363

JW v State notice of new info 01363

JW v State notice of new info 01363

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Date Created:July 26, 2016

Date Uploaded to the Library:July 27, 2016

Tags:pelley, kaine, candidate, info, Rodham, sunday, democratic, presidential, notice, 01363, people, hillary, service, Hillary Clinton, Benghazi, Secretary, clinton, filed, Obama, State Department, White House, FBI, document, federal, FOIA


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Case 1:13-cv-01363-EGS Document 114 Filed 07/26/16 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 NEW, RELEVANT INFORMATION
The State Department and Secretary Clinton repeatedly have informed this Court
that Secretary Clinton use the clintonemail.com system was nothing more than
continuation her practice. They also have claimed that questioning Secretary Clinton about
the motivation for the use the system would not yield any additional information other than
that was for her convenience.
Since the oral argument the motion for permission depose Secretary Clinton,
Mr. Finney, and Mr. Bentel, new information has come light. Sunday, July 24, 2016,
Secretary Clinton again spoke publicly about her use the system. See Exhibit
Plaintiff has now learned that Secretary Clinton decision use the
clintonemail.com system conduct official government business was based, least part,
recommendation from unnamed parties. Id. This information raises additional questions that
are directly relevant the underlying issue before the Court. State Department official, such the executive secretary the legal advisor,
recommended that Secretary Clinton use non-state.gov system for State Department business,
Case 1:13-cv-01363-EGS Document 114 Filed 07/26/16 Page
such evidence could demonstrate the State Department role the decision. Similarly,
someone who understood the secretary FOIA obligations recommended Secretary Clinton
use the system, such evidence could suggest that the motivation was more than just
convenience.
Based her testimony the Benghazi Select Committee, the statement her
campaign website, and her purported answers the FBI questions, nowhere even
suggested that Secretary Clinton decision use the clintonemail.com system for official
government business was based someone else recommendation. Because the evolving
explanation, Secretary Clinton deposition necessary effectively and efficiently understand
how the decision was made and the motivation behind it.
Dated: July 26, 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.
-2-
Case 1:13-cv-01363-EGS Document 114-1 Filed 07/26/16 Page
Exhibit
Case 1:13-cv-01363-EGS Document 114-1 Filed 07/26/16 Page DOCUMENTS
Copyright 2016 Federal News Service, Inc.
All Rights Reserved
Federal News Service
July 24, 2016 Sunday
LENGTH: 3837 words
HEADLINE: Hillary Rodham Clinton, Democratic Presidential Candidate, And Sen. Tim Kaine, Vice Presidential
Candidate, Are Interviewed Minutes
BODY:
Subject: Campaign 2016
Participants: Former Secretary State Hillary Rodham Clinton, Democratic Presidential Candidate; Sen. Tim
Kaine, D-Va., Democratic Vice Presidential Candidate; Scott Pelley, CBS Correspondent
Time: 09:29:00
Date: 2016-07-24
(BEGIN VIDEOTAPE)
PELLEY: Why Tim Kaine?
CLINTON: Well, have said throughout this whole process, the most important qualification that the person
pick ready become president something were happen. dont think theres any greater responsibility. hes highly qualified. Hes been mayor, governor, senator.
Secondly, hes progressive who likes get things done. Thats how describe myself. And look his record, his
civil rights record, his education record, his taking tough issues like gun safety, climate change. The whole picture
one that find, you know, very appealing.
And then, finally, want somebody who will candid and will tell me, hey, dont agree with this, could you
think about somewhat differently? dont think have all the answers. think that well good team. believe
well work well together. believe that will give his best advice.
PELLEY: Senator, what did you tell her you were good at?
(LAUGHTER)
KAINE: You know, Ive been city councilman and mayor. Ive been lieutenant governor and governor, and
Case 1:13-cv-01363-EGS Document 114-1 Filed 07/26/16 Page
Hillary Rodham Clinton, Democratic Presidential Candidate, And Sen. Tim Kaine, Vice Presidential Candidate, Are
Interviewed Minutes Federal News Service July 24, 2016 Sunday
now the Senate, serve the Armed Services and Foreign Relations Committee. utility player.
just want everything can make sure win and that the presidency Hillary Clinton fantastic.
And think can with two cents, think can help that happen.
CLINTON: do, too. And well, just have add that plays mean harmonica.
PELLEY: Ive heard that.
CLINTON: Yes, yes.
KAINE: Got have fallback line work.
PELLEY: Senator, youre going vice president White House with two presidents.
KAINE: mean, its embarrassment riches.
(LAUGHTER)
PELLEY: What you think that notion?
CLINTON: think its all-hands-on-deck time.
PELLEY: Yeah, yeah.
CLINTON: Were going have cracker jack staff. And were going have, you know, great efforts with our
congressional allies and others.
PELLEY: When wrote that question, expected you come out your chair and tell that there
was only going one president.
CLINTON: Well, no. Because will the president. But does happen historical fact that husband
served president for eight years.
PELLEY: Yeah.
CLINTON: And theres lot that happened which helped the American people during those eight years. want
economy that creates more jobs. And thats lot jobs. want economy that gets back raising incomes for everybody. Most Americans havent had raise. want
economy thats going help lift millions people out poverty, because given the Great Recession, have fallen
back the wrong direction.
And also going relying President Obama. You know, Ive already put him notice. going
picking the phone. going calling and asking for his advice. And so, were going put them all work.
PELLEY: Senator, are you ready president the United States?
KAINE: think ready lead. ready first supportive vice president that the presidency Hillary
Clinton fantastic one.
But something were put that path, much any human being would ready, ready. And you
got approach with humility. But you know what? You know, missionary, civil rights lawyer, local official, state
official, federal official, like, Ive Ive climbed, and havent missed rung the ladder.
Case 1:13-cv-01363-EGS Document 114-1 Filed 07/26/16 Page
Hillary Rodham Clinton, Democratic Presidential Candidate, And Sen. Tim Kaine, Vice Presidential Candidate, Are
Interviewed Minutes Federal News Service July 24, 2016 Sunday
And were were come that way, could it.
CLINTON: have our agenda. have very positive agenda. Youll hear lot about Philadelphia this
week.
You know, people make fun sometimes, because have plans. But think have this old fashioned
idea that when you are asking people vote for you, kind like big job interview, and you ought tell people
what you think you can for them. think can create more economic opportunity, think can improve education, make college affordable, deal
with the myriad issues that confront.
PELLEY: But wont your hopes and dreams dead arrival the Republican House Representatives?
CLINTON: dont think so. And and heres why.
First all, know, and Tim knows, because both have heard from many Republicans, how distressed they are the direction that Donald Trump taking their party. worked with Republicans. came from Republican home. father was rock-ribbed Republican. think the
first Democrat voted for was husband, best can remember.
So, know that there are Republicans who share our concerns and want part the solution, not just
peddling fear and bigotry. And also hoping will have Democratic Senate, and will make gains the
House.
Who knows? Maybe can take the House back. But were going come with the attitude that, you know
what? will talk, work and listen you 24/7.
PELLEY: But wouldnt President Obama say exactly the same thing? And weve had eight years gridlock. Not
quite eight. But six years gridlock.
KAINE: Let say let say, guy whos the legislative branch right now, you said DOA, its not DOA.
And think its actually maybe going easier than its been the past, little bit. think were going take Senate majority for the Democrats.
PELLEY: this election?
KAINE: do. absolutely do. think the House going remain Republican hands. think the margin will narrowed.
Some the big things that have do: immigration reform, tax reform, mental health reform, criminal justice
reform, theyre only going get done think theyre only going get done probably with divided house scenario,
where each sides got give something.
Now, heres the second thing. And some people dont agree with this. was brand new senator 2013,
and the idiocy Congress was shut the government down for two weeks October. And coming out that, the
pressure was put the budget Chair Paul Ryans shoulders and Patty Murray. Conservative Wisconsin Republican,
progressive Washington Democrat, come with budget deal. Nobody thought they could.
But watched Patty Murray and Paul Ryan, who are principled people, cut deal for the good the country.
watched the end last year when Paul Ryan worked, and got appropriations bill that thought was quite good.
Case 1:13-cv-01363-EGS Document 114-1 Filed 07/26/16 Page
Hillary Rodham Clinton, Democratic Presidential Candidate, And Sen. Tim Kaine, Vice Presidential Candidate, Are
Interviewed Minutes Federal News Service July 24, 2016 Sunday
And when went the microphone talk about that bill, heres what said, Democrats got some things that
they liked, Republicans got some things they liked. each had some things didnt like. could have said, hey,
Republicans control both houses. want our way. But didnt say that. wants things. wants not just portrait, but would like legacy. Thats belief. Theres going room make some things happen.
PELLEY: Senator, sense, were introducing you states.
(LAUGHTER)
What hardship has formed your character?
KAINE: public life, Ive had some suffering. was elected city councilman 1994 Richmond.
had the second highest homicide rate the United States.
And just went too many crime scenes. went police funerals. And there was hopelessness about some
that. And got governor. And the worst day life, and will always the worst day life, was the
murder these beautiful young kids and these professors Virginia Tech.
PELLEY: What did you about it?
KAINE: First, did what could personally, which was within hours after that horrible shooting, put panel
together people who had connection with Tech and connection with the family. And said, want you tell everything that went wrong and everything can fix it. improved mental health systems, though not enough. there was critical loop the background
record check system Virginia. was able fix part executively. But when went legislature even six
months later, and with the wound still fresh, could not get the Virginia legislature the comprehensive background
record check that should do.
And then come into the Senate. have that same battle. Within three months being there, you know, after
the horrible shooting Sandy Hook, right before came into the Senate. You know, had vote the Senate
floor for common sense gun reform. The chamber was was ringed with the family members from Sandy Hook, with
Virginia Tech family members sitting with them and helping them.
Theres phrase the letter the Hebrews that says talks about being surrounded great cloud witnesses. were surrounded great cloud witnesses, but couldnt the right thing.
PELLEY: And you thought what?
KAINE: just you know, our public wants fix this. Gun owners want fix this. NRA members want fix this. And thought how hard something that makes sense.
So, you know, you you mourn falling short, but just got keep keep trying.
PELLEY: What can president about these terrible mass murders here and abroad that are now happening
weekly our world?
CLINTON: Lets separate the mass murders that have places like Virginia Tech, Sandy Hook, Aurora,
Colorado, and recognize that those are rooted the much too readily available weapons mass killings, mostly the
assault weapons, and usually some kind underlying motivation whether mental health, the case the
killer Charleston, deep racist hatred. Those are homegrown, and they have addressed.
Case 1:13-cv-01363-EGS Document 114-1 Filed 07/26/16 Page
Hillary Rodham Clinton, Democratic Presidential Candidate, And Sen. Tim Kaine, Vice Presidential Candidate, Are
Interviewed Minutes Federal News Service July 24, 2016 Sunday
And then have people who claim and may well inspired by, not directed ISIS, and they get
radicalized. think number one, weve got have better gun safety rules, comprehensive background checks, closing the
gun show loophole and the online loophole, changing the speed which you get real time information, including
mental health information, part that background check, and not selling the gun until the background check
completed, which was one the problems Charleston. For goodness sake, stopping terrorists, people the watch
list from being able buy weapons.
When comes terrorist killings, ISIS inspired other radical jihadist inspired, need intelligence surge. have got much more connected from the local, the state the national level with international sources
information.
KAINE: And one other thing thats really important, Secretary Clinton Hillary always says, you know, got have stronger world through stronger alliances. when you know, Donald Trump says, maybe need kind pull our head back our shell, and
dont need have the alliances. Why need them? Why need rely them? Hes actually potentially
cutting off exactly the kind intelligence sharing thats going necessary stop these these kind random
attacks that cause such terror.
CLINTON: Right.
KAINE: these alliances matter. Theyre not you know, they werent about yesterday. They matter probably
more today and tomorrow than they mattered yesterday.
(END VIDEOTAPE)
(COMMERCIAL BREAK)
(BEGIN VIDEOTAPE)
PELLEY: Madam Secretary, did you hear the Republican Convention chanting, Lock her up?
(BEGIN VIDEO CLIP)
AUDIENCE: Lock her up, lock her up, lock her up!
(END VIDEO CLIP)
CLINTON: Well, didnt hear it, because wasnt watching. But certainly heard about it, yes.
PELLEY: Did you feel threatened that?
CLINTON: No. felt sad.
PELLEY: Sad?
CLINTON: felt very sad, Scott. mean, dont know what their convention was about, other than criticizing
me. seem the only unifying theme that they had.
There was positive agenda. was very dark, divisive campaign. And the people who were speaking were
painting picture our country that did not recognize. You know, negative, scapegoating, fear, bigotry, smears.
Case 1:13-cv-01363-EGS Document 114-1 Filed 07/26/16 Page
Hillary Rodham Clinton, Democratic Presidential Candidate, And Sen. Tim Kaine, Vice Presidential Candidate, Are
Interviewed Minutes Federal News Service July 24, 2016 Sunday just was was saddened it.
PELLEY: calls you crooked Hillary. What you call him?
CLINTON: dont call him anything. And not going engage that kind insult-fest that seems
thrive on.
So, whatever says about me, hes perfectly free use his own air time and his own space do. going
talk about what hes done, how has hurt people business time, after time after time.
His vicious language against immigrants, his insulting distinguished federal judge Mexican heritage. His
mocking person with disability. His really inflammatory language about Muslims, about American-Muslims, about
Muslims all over the world. His demeaning comments about women. going going respond what has said that think fundamentally odds with who are nation, where need heading the future, and the kind dangerous, risky leadership that hes promising.
PELLEY: You know you know what he...
KAINE: Can say this? dont want shes done good job letting the, you know, water off her back
this. That thats not the way feel.
When see this, you know, crooked Hillary, see the lock her up, its just ridiculous. ridiculous. The
Republican FBI director makes decision that theres nothing here that you know, warrants any additional activity.
But oh...
PELLEY: Criminal prosecution.
KAINE: Yes, criminal but but what, theyre going say, OK, well, dont believe him now. You saw
all these folks trying rehash the tragic deaths Americans Libya, which should all feel for those families.
Theyre trying politicize it.
PELLEY: Whats your responsibility for Benghazi? Did you make any mistakes around that?
CLINTON: Well, Scott, there have been, think now, nine separate investigations, and they did not find any such
culpability. took responsibility, was secretary state. And thought that was appropriate. And what was determined find answers what actually happened, not what people claim and what could try prevent that.
That was the tradition what has happened the past. had horrible losses Beirut when Ronald Reagan
was president. One favorite former predecessors, George Shultz, was secretary state. had Democratic
Congress. They didnt politicize it. when this happened Benghazi, immediately stood independent committee distinguished Americans,
military and civilian experts. They came out and they said, you know, the ball was dropped security. And you know,
some the decisions that were made probably should have been rethought.
PELLEY: But wasnt that your ball carry?
CLINTON: No, wasnt. was not ball carry. was very read the read the reports. Read all the
reports, all many hundreds pages them, including this latest one, which was political exercise from the very
beginning. Those never reached me. Those never came attention.
Case 1:13-cv-01363-EGS Document 114-1 Filed 07/26/16 Page
Hillary Rodham Clinton, Democratic Presidential Candidate, And Sen. Tim Kaine, Vice Presidential Candidate, Are
Interviewed Minutes Federal News Service July 24, 2016 Sunday
PELLEY: The concerns about the security never came your attention, didnt reach you?
CLINTON: Yeah, the no, the the experts have security experts. not going substitute
judgment for people who have been the field, who understand what our men and women are against.
So, this has all been investigated over and over again. But Tim was just saying, didnt get the result that some the Republicans wanted, they kept it. And feel very sorry that they have politicized unlike any prior
example.
And just think the most important challenge face learning from and doing everything can keep our
people safe.
PELLEY: Ive got about three more questions that shouldnt take too long, one them you might actually like.
So...
(LAUGHTER)
KAINE: One out three? Then well take one question.
CLINTON: Yes, exactly.
(LAUGHTER)
PELLEY: All right. you think you blew the e-mails?
CLINTON: Oh, Ive said did. Absolutely. made mistake. should have had two accounts; one for personal
and one for office. And didnt, and take responsibility for that.
PELLEY: Why did you that, have the private e-mail servers?
CLINTON: You know, Scott, other people did have other secretaries state, other high-ranking members
administrations, plural. And was recommended that would convenient, and thought would be. Its turned out anything but.
PELLEY: Would there private e-mail server the White House?
CLINTON: Ill tell you one thing, that one lesson have learned the hard way. And there will not any such
thing the White House. Although quick add, theres evidence that was ever hacked.
And, unfortunately, you cant say that for lot the government.
PELLEY: was speaking young African-American man just the other day Democratic state.
And said, and Ill quote, You know, guess would vote for Hillary except for that corruption problem, end
quote. talked him further, didnt quite know what meant that. But that was his impression and concern.
Why you think people say that about you?
CLINTON: Well, first, will take responsibility for any impression anything Ive ever done that people have
legitimate questions about.
But think that its fair say theres been concerted effort convince people like that young man something,
nobodys quite sure what, but something. often feel like theres the Hillary standard and then theres the standard for
everybody else. And...
Case 1:13-cv-01363-EGS Document 114-1 Filed 07/26/16 Page
Hillary Rodham Clinton, Democratic Presidential Candidate, And Sen. Tim Kaine, Vice Presidential Candidate, Are
Interviewed Minutes Federal News Service July 24, 2016 Sunday
PELLEY: Whats the Hillary standard?
CLINTON: Well, you know, lot of, you saw the Republican Convention, unfounded, inaccurate,
mean- spirited attacks with basis truth, reality, which take life their own.
And for whatever reasons and dont want try analyze the reasons see it. understand it. People are
very willing say things about me, make accusations about that are dont get upset about them anymore, but
they they are very regrettable.
PELLEY: Why you put yourself through it?
CLINTON: Because really believe this country. And boy, believe now more than ever after seeing
what was presented last week. believe that are better than what are hearing the political discourse.
believe can work together.
PELLEY: What you care most about accomplishing president?
CLINTON: Well, care most about getting the economy working for everybody, not just those the top. care
deeply about rebuilding the ladders opportunity that have been battered, and broken, and knocked over that people
can get education that will equip them for the future, that they can afford college, that can help them pay
down their debt get off their backs. care deeply about health care, something that has motivated for many years, and how defend the
Affordable Care Act, fix it, make work better, take mental health, prescription drug costs, addiction that are just
ripping the soul out people, families and communities.
And care deeply about the issues race and discrimination, the kinds systemic racism that are still
struggling with and that have deal with. And and the whole suite issues that Ive talked about through this
campaign, that Ive worked are ones that were going tackle from immigration reform gun safety.
PELLEY: Who gets tax increase? Who gets tax cut?
CLINTON: The middle class will not get tax increase. That has been pledge.
PELLEY: What does middle class mean?
CLINTON: Well, say below $250,000 because heres what want do. want where the money is.
Most the wealth increase, the increase income, both active and passive, has gone the very top the income
scale. with Warren Buffett, who says need the Buffett Rule. you make million dollars, you should pay percent rate because you should not paying lower rate than your secretary. need surcharge incomes
million and because have said will pay for everything proposing. feel strongly about that. And stark
contrast the terrible plans that Trump has been proposing, which would soak the middle class, hurt working people
and give huge tax breaks millionaires and billionaires.
PELLEY: Last one. What will accomplished you are elected the first woman president the United States?
CLINTON: think would great moment for our country because every little boy and every little girl should given the chance far his her hard work and talent might take them. see the eyes little girls who
come events. Theyre excited and theyre proud because maybe they just discovered havent had any girl
presidents.
Case 1:13-cv-01363-EGS Document 114-1 Filed 07/26/16 Page
Hillary Rodham Clinton, Democratic Presidential Candidate, And Sen. Tim Kaine, Vice Presidential Candidate, Are
Interviewed Minutes Federal News Service July 24, 2016 Sunday
And accept that nomination Thursday night, Ill thinking about all the women who came before, all the
women who went Seneca Falls and, for the first time history, talked about womens equality and womens rights,
the suffragettes, the the women who knocked their heads against all kinds barriers and broke through everything
from, you know, space politics.
And hope that gives other women and girls the feeling that whatever their dreams might be, they can they can
achieve them this country.
KAINE: And you know, you think about the history our nation, stated that that all are equal, right,
1776, but took 144 years before said and that means women can vote, not just men. said were going one thing, but took 144 years. And then its taken...
PELLEY: Not mention African-Americans.
KAINE: And can march down the story the the that equality promise, which was like north star that well
never reach. But but weve been weve been journey. And then took another 100 years. mean, were
nearly 100 years later, 2020, with woman president.
The next president the United States will the president that will celebrate 100 years women having the right vote. mean, think having woman president lead that celebration would be, you know, one these instances
history really working out right poetic and beautiful way. And part this journey that weve been on, because
then, well tackle the next imperfection have. But this, this something that really, really exciting.
(END VIDEOTAPE)
END
LOAD-DATE: July 25, 2016