JW v State Hillary emails Huma 01363
Number of Pages:5
Date Created:October 5, 2015
Date Uploaded to the Library:October 05, 2015
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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.