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Judicial Watch • JW v State Hillary emails Huma 01363

JW v State Hillary emails Huma 01363

JW v State Hillary emails Huma 01363

Page 1: JW v State Hillary emails Huma 01363

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Number of Pages:5

Date Created:October 5, 2015

Date Uploaded to the Library:October 05, 2015

Tags:Petraeus, Server, 01363, hillary, Emails, email, Huma, September, Benghazi, Hillary Clinton, Secretary, defendant, clinton, filed, State Department, plaintiff, FBI, document, records, FOIA, department, Washington, court, report


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Case 1:13-cv-01363-EGS Document Filed 10/05/15 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 NOTICE PERTINENT INFORMATION ADVANCE TOMORROW STATUS HEARING
Plaintiff Judicial Watch, Inc., counsel, respectfully submits this notice:
Time and again, the State Department has been less than forthcoming with the
Court and Plaintiff. Plaintiff continues learn new information dribs and drabs through
the media. These revelations undercut information provided the State Department this
litigation.
First, August 10, 2015, the State Department submitted this Court
declaration signed former Secretary Clinton. her declaration, Mrs. Clinton testified that
she directed that all [her] e-mails clintonemail.com [her] custody that were potentially
were federal records provided the Department State, and information and belief, this
has been done. See Attachment Supplement Defendant August 2015 Status Report.
Based this testimony, Defendant asserts that does not believe that
reasonable search for records responsive plaintiff FOIA request requires search former
Secretary Clinton server. See Defendant August 14, 2015 Status Report
Case 1:13-cv-01363-EGS Document Filed 10/05/15 Page
Yet, September 25, 2015, CNN reported, email chain between former
Secretary State Hillary Clinton and then-commander U.S. Central Command David
Petraeus from January and February 2009 raising questions about whether some the emails Clintons private email server were mistakenly deemed personal and not included among the
55,000 pages emails she turned over the State Department. See Elise Labott and Ross
Levitt, New Hillary Clinton email chain discovered, CNN (Sept. 25, 2015, available
http://www.cnn.com/2015/09/25/politics/hillary-clinton-emails-david-petraeus-benghazi). CNN
also reported that the end the email chain contained messages sent received the
clintonemail.com email account. Id. addition, CNN received statement from State
Department spokesman John Kirby which Mr. Kirby confirmed that the State Department
received several copies one email chain between former Secretary Clinton and then
Commander U.S. Central Command David Petraeus which were not previously the
possession the Department. Id. addition, prior the discovery the emails between Mrs. Clinton and Mr.
Petraeus, Mrs. Clinton asserted which has now been proven incorrect that she did not
begin using clintonemail.com [email] address for State Department business until March
2009. Amy Chozick, Hillary Clinton Says She Cannot Explain Why Previously Undisclosed
Emails Turned Up, The New York Times (Sept. 27, 2015, available
http://www.nytimes.com/politics/first-draft/2015/09/27/hillary-clinton-says-she-cannot-explainwhy-previously-undisclosed-emails-turned-up/).
Although now has knowledge that Mrs. Clinton failed turn over all emails
sent received using clintonemail.com email account that are potentially federal records, the
State Department has not notified the Court this development.
Case 1:13-cv-01363-EGS Document Filed 10/05/15 Page
Second, July 31, 2015, the Court, part, ordered the State Department
produce copies all correspondence from the State Department Mrs. Clinton about
government records her possession. See July 31, 2015 Minute Order. August 2015, the
State Department produced, among other documents, November 12, 2014 letter from Mr.
Patrick Kennedy Ms. Cheryl Mills concerning Mrs. Clinton collection government
records her possession. See Notice Filing Department State. other
correspondence was produced from the State Department Mrs. Clinton her representatives.
Yet, the Washington Post recently reported that communications did occur
between the State Department and Mrs. Clinton prior the November 12, 2014 letter. See Carol Leonnig and Rosalind Helderman, State Department account e-mail request differs
from Clinton The Washington Post (Sept. 22, 2015, available
http://www.washingtonpost.com/politics/state-departments-account-of-e-mail-request-differsfrom-clintons/2015/09/22/54cd66bc-5ed9-11e5-8e9e-dce8a2a2a679_story.html). Specifically,
State Department Spokesman John Kirby stated, State Department officials contacted her
representatives during the summer 2014 learn more about her email use and the status
emails that account. Id.
Plaintiff subsequently requested that the State Department confirm that
complied with the Court July 31, 2015 order and produced all correspondence from the State
Department Mrs. Clinton about government records her possession. addition, Plaintiff
requested that additional correspondence does exist and has not yet been produced that the
State Department promptly provide Plaintiff with copies. response, the State Department
asserts that was only ordered provide the November 12, 2014 letter Plaintiff and refused
Case 1:13-cv-01363-EGS Document Filed 10/05/15 Page provide copies any additional correspondence the Court and Plaintiff even advise the
Court their existence.
10.
Third, after being ordered initiate dialogue with the FBI, September 21,
2015, the State Department submitted letter from the FBI that stated, this time, consistent
with long-standing Department Justice and FBI policy, can neither confirm nor deny the
existence any ongoing investigation, nor are position provide additional information this time. See Defendant Status Report
11.
Yet, September 30, 2015, FBI director James Comey told reporters that personally following closely investigation into former Secretary State Hillary Clinton
private email server. See Pete Williams, FBI Director Acknowledges Agency Looking into
Clinton Emails, NBCNews (Oct. 2015, available http://www.nbcnews.com/news/usnews/fbi-director-acknowledges-agency-looking-clinton-emails-n437061). The State
Department however has not updated the Court with this latest information.
12.
The Court and Plaintiff patiently have waited the State Department has been
less than forthcoming. has been over two months since the initial status hearing and still
not know whether any copies the emails sent received Mrs. Clinton and Ms. Abedin
using clintonemail.com email account during their four years employment the State
Department exist, and, so, where they exist.
13. also not know whether the FBI any other government agency for that
matter has possession the email server that was used Mrs. Clinton and Ms. Abedin
conduct official government business during their four years employment the State
Department. Nor know whether the server purportedly the possession the FBI
assumption based unsworn statements third parties the actual email server that was
Case 1:13-cv-01363-EGS Document Filed 10/05/15 Page
used Mrs. Clinton and Ms. Abedin conduct official government business during their four
years employment the State Department whether copy such email server.
14.
Plaintiff looks forward addressing these issues during tomorrow status
hearing effort resolve this case timely and efficient manner.
Dated: October 2015
Respectfully submitted,
/s/ Michael Bekesha
Michael Bekesha
JUDICIAL WATCH, INC.
425 Third Street S.W., Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff Judicial Watch, Inc.