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Judicial Watch • JW v. State Proposed Preservation 2034

JW v. State Proposed Preservation 2034

JW v. State Proposed Preservation 2034

Page 1: JW v. State Proposed Preservation 2034

Category:Clintons

Number of Pages:4

Date Created:September 4, 2015

Date Uploaded to the Library:September 14, 2015

Tags:2034, Platte, Copies, preservation, River, Server, Kendall, proposed, order, Hillary Clinton, September, Benghazi, defendant, clinton, filed, State Department, plaintiff, FBI, document, records, david, district, court


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Case 1:12-cv-02034-RBW Document Filed 09/04/15 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
Plaintiff,
U.S. DEPARTMENT STATE,
Defendant.
Civil Action No. 12-cv-2034-RBW
PLAINTIFF NOTICE FILING PROPOSED PRESERVATION ORDER
Pursuant the Court September 2015 Order, plaintiff Judicial Watch, Inc. and
through counsel, respectfully submits the attached Proposed Preservation Order. connection
therewith, plaintiff briefly highlights certain issues which demonstrate the need for this
Preservation Order: The August 12, 2015 letter from David Kendall only specified that copies the paper
records already turned over the Defendant were being preserved.1 separate letter from Mr. Kendall the State Department indicates neither former Secretary
Clinton nor Mr. Kendall believes they are under current obligation preserve records they
deem personal, return such records the Defendant for formal determination.2 Although the original physical server itself now the possession the FBI and subject other preservation obligations, that server was reportedly wiped erase all data, and
August 12, 2015 Letter from David Kendall the Honorable Ron Johnson, available
http://pdfserver.amlaw.com/nlj/kendall_letter_20150812.pdf
August 21, 2015 Letter from David Kendall the Honorable Patrick Kennedy, available
http://www.judicialwatch.org/wp-content/uploads/2015/08/08-26-15-JW-v-State-Kendall-ltr-01363.pdf Under the
FRA and implementing regulations, she had obligation include that set her personal e-mails, retain
such personal e-mails.
Case 1:12-cv-02034-RBW Document Filed 09/04/15 Page currently unknown whether that server contains any recoverable data how many
potentially responsive records from 2009-2013 remain it.
Dated: September 2015
Respectfully submitted, Chris Fedeli
Chris Fedeli
JUDICIAL WATCH, INC.
425 Third Street, S.W., Suite 800
Washington, 20024
Tel: 202-646-5185
cfedeli@judicialwatch.org
Counsel for Plaintiff
March 27, 2015 Letter from David Kendall the Honorable Trey Gowdy, available
http://democrats.benghazi.house.gov/sites/democrats.benghazi.house.gov/files/documents/2015_03_27_Kendall_to_
TG_re_Response_to_March_4_Subpoena.pdf.
Case 1:12-cv-02034-RBW Document 26-1 Filed 09/04/15 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
Plaintiff,
U.S. DEPARTMENT STATE,
Defendant.
Civil Action No. 12-cv-2034-RBW
[PROPOSED] PRESERVATION ORDER discussed the September 2015 status hearing, certain contents the
clintonemail.com server (the Server from the years 2009-2013 have apparently not been
provided the Defendant. The Defendant has not confirmed Plaintiff the Court whether
copies these records still exist and will preserved throughout the pendency this litigation.
This Court finds that preservation must required until such time the parties and
this Court can fully brief and consider relevant questions law, including but not limited
whether server that was serviced State Department employees and used extensively for
government business government system records, and whether, given the facts, copies
the original complete Server contents for the relevant time period remain Defendant property
until reviewed current government employees officials. Accordingly, hereby
ORDERED that the Defendant shall take all reasonable steps determine whether
copies clintonemail.com documents and data from 2009-2013 (excluding data already
returned the Defendant) exist anywhere separate and apart from the clintonemail.com Server,
and they exist, ensure they are preserved. These contents include, but are not limited to: the
31,380 reportedly withheld hdr22@clintonemail.com records; any emails associated with Huma
Case 1:12-cv-02034-RBW Document 26-1 Filed 09/04/15 Page
Abedin clintonemail.com account; and any other emails documents any other current
former government employee official during the relevant time period.
ORDERED that the Government shall send letters former Secretary Hillary Clinton,
Mr. David Kendall (in his capacity potential bailee government property), and Platte
River Networks enclosing this Order and requesting they confirm writing, under penalty
perjury: whether they currently have possession, custody, control copies any the
contents the Server from 2009-2013 not already returned the Defendant; whether they
are aware any other parties who may possess control copies the Server contents from
2009-2013 not already returned the Defendant; and the identities the parties referenced
question these letters, the Defendant shall also instruct Clinton, Kendall, and Platte River
Networks return, their native format, all above-described records that may exist. Defendant
shall request response these letters later than September 21, 2015.
ORDERED that later than September 22, 2015, Defendant shall file this docket:
copies its letters Clinton, Kendall, and Platte River Networks; any responses received
those letters; and statement informing the Court Defendant compliance with this Order.
_______________
Date
__________________________
Reggie Walton
United States District Judge