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Judicial Watch • JW v State HRC email answer 01363

JW v State HRC email answer 01363

JW v State HRC email answer 01363

Page 1: JW v State HRC email answer 01363

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Number of Pages:12

Date Created:December 14, 2018

Date Uploaded to the Library:December 14, 2018

Tags:objections, Rodham, interrogatory, interrogatories, Kendall, PARTY, courts, 01363, HRC, hillary, email, Benghazi, Secretary, clinton, filed, State Department, document, david


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Case 1:13-cv-01363-EGS Document 180 Filed 12/14/18 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
WDICIAL WATCH, INC.,
Plaintiff,
U.S. DEPARTMENT STATE,
Defendant.
_______________
Civil Action No. 13-cv-1363 (EGS)
NOTICE FILING NON-PARTY HILLARY RODHAM CLINTONS
SUPPLEMENTAL RESPONSES PLAINTIFFS INTERROGATORIES AND
Counsel Non-Party Hillary Rodham Clinton hereby submit Secretary Clintons
Supplemental Responses Plaintiffs Interrogatories, attached here Exhibit
Dated: December 14, 2018
By:
/s/ David Kendall
David Kendall (D.C. Bar No. 252890)
Katherine Turner (D.C. Bar No. 495528)
Amy Mason Saharia (D.C. Bar No. 981644)
Stephen Wohlgemuth (D.C. Bar No.
1027267)
WILLIAMS CONNOLLY LLP
Counsel for Non-Party Hillary Rodham
Clinton
Case 1:13-cv-01363-EGS Document 180 Filed 12/14/18 Page
CERTIFICATE SERVICE David Kendall, counsel for Non-Party Hillary Rodham Clinton, certify that,
December 14, 2018, copy the foregoing Notice was filed via the Courts electronic filing
system, and served via that system upon all parties required served.
/s/ David Kendall
David Kendall
Case 1:13-cv-01363-EGS Document 180-1 Filed 12/14/18 Page
EXHIBIT
Case 1:13-cv-01363-EGS Document 180-1 Filed 12/14/18 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
WDICIAL WATCH, INC.,
Plaintiff,
U.S. DEPARTMENT STATE,
Defendant.
_______________
Civil Action No. 13-cv-1363 (EGS)
NON-PARTY HILLARY RODHAM CLINTONS SUPPLEMENTAL RESPONSES PLAINTIFFS INTERROGATORIES AND
Pursuant the Courts August 19, 2016 order, the Courts November 14, 2018 order, and
Rule the Federal Rules Civil Procedure, Non-Party Hillary Rodham Clinton hereby
objects and provides supplemental responses Plaintiffs Interrogatories and its
Interrogatories dated August 30, 2016.
GENERAL OBJECTIONS
Secretary Clinton incorporates reference all the General Objections lodged her Response Plaintiffs Interrogatories, dated October 13, 2016 (Dkt. 137-1). Such
General Objections are incorporated into each the specific responses that follow. Any specific
objections are addition the General Objections, and failure reiterate General Objection
does not constitute waiver that any other objection.
SUPPLEMENTAL RESPONSES INTERROGATORIES AND
Original Interrogatory No.
Describe the creation the clintonemail.com system, including who decided create the
system, the date was decided create the system, why was created, who set up, and
when became operational.
Case 1:13-cv-01363-EGS Document 180-1 Filed 12/14/18 Page
Interrogatory No. modified the Courts November 14, 2018 Order:
[D]escribe the creation the clintonemail.com domain name and the decision set the
domain the existing server, the date was decided create the domain and set the existing server, who made those decisions, and when the domain became operational the existing server. November 14, 2018 Hearing Transcript 81.
Response: addition her General Objections, Secretary Clinton objects the
definition ofClintonemail.com email system insofar refers e-mail system(s), server(s),
provider(s and infrastructure used host her clintonemail.com e-mail account after her tenure Secretary State. Information concerning the e-mail system(s), server(s), provider(s), and
infrastructure used host her clintonemail.com account after her tenure Secretary State
not relevant the purpose for the creation and operation the clintonemail.com account during
her tenure Secretary State, and therefore outside the scope the permitted discovery.
answering this Interrogatory, Secretary Clinton will construe the term Clintonemail.com email
system refer the e-mail system(s), server(s), provider(s), and infrastructure used host her
clintonemail.com e-mail account during her tenure Secretary State. Secretary Clinton
further objects Interrogatory originally written, and will respond Interrogatory No.
modified the Court its November 14, 2018 oral order.
Subject and without waiving the forgoing objections, Secretary Clinton answers
follows: Secretary Clinton prepared late 2008/early 2009 serve Secretary State,
she was aware that President Clintons office had set e-mail system, but she had role
this process. Secretary Clinton knew that President Clintons staff had recently upgraded that
system. Secretary Clinton does not know what equipment that system used, how was created,
who decided that the system needed upgraded, who else had accounts the system.
Secretary Clinton believes that one the Presidents aides, Justin Cooper, set the system.
Secretary Clinton decided use clintonemail.com account the system for the purpose
Case 1:13-cv-01363-EGS Document 180-1 Filed 12/14/18 Page
convemence. Secretary Clinton recalls that the clintonemail.com account was created early
2009. Although Secretary Clinton does not have specific knowledge the details the creation the account, the domain, the domain name, her best understanding that Mr. Cooper
set up. Secretary Clinton further refers her response and objections Interrogatory her
Response Plaintiffs Interrogatories, dated October 13, 2016 (Dkt. 137-1), which are
incorporated reference.
Original Interrogatory No. 24:
During your October 22, 2015 appearance before the U.S. House Representatives Select
Committee Benghazi, you testified that percent your emails were the
States system and they wanted see them, they would certainly have been able
so. Identify the basis for this statement, including all facts which you relied support the statement, how and when you became aware these facts, and, you were made
aware these facts through another person, identify the person who made you
aware these facts.
Interrogatory No. modified the Courts November 14, 2018 Order:
During your October 22, 2015 appearance before the U.S. House Representatives Select
Committee Benghazi, you testified that percent your emails were the
States system and they wanted see them, they would certainly have been able
so. [P]rovide the non-privileged, factual basis for [your] statement before Congress,
including the non-privileged facts which [you] relied support the statement, how
and when [you] became aware these non-privileged facts, and made aware
through another person, identify the person who made [you] aware these non-privileged
facts. November 14, 2018 Hearing Transcript 81.
Response: addition her General Objections, Secretary Clinton reiterates her
objection Interrogatory No. the ground that calls for information protected the
attorney-client privilege. this response, which was compelled the Courts order, Secretary
Clinton only providing non-privileged information and intends preserve the attorney-client
privilege. Secretary Clinton further objects Interrogatory originally written, and will
respond Interrogatory No. modified the Court its November 14, 2018 oral order.
Subject and without waiving the foregoing objections, Secretary Clinton answers
follows: Secretary Clinton spent time with her attorneys (David Kendall, Cheryl Mills,
Case 1:13-cv-01363-EGS Document 180-1 Filed 12/14/18 Page
Katherine Turner, Amy Saharia, Heather Samuelson) preparing for her testimony October 22,
2015, before the House Benghazi Committee. Secretary Clinton prepared testify, she
discussed with her counsel matters that were thought likely arise, since she wanted her
testimony accurate possible. Those discussions are privileged. Without invading that
privilege, Secretary Clinton can only say that, shortly before the hearing, she became aware that
90-95% the emails that she had sent received involved State Department e-mail address.
She did not herself make this calculation. Secretary Clinton testified regarding the 90-95%
number because she felt was important, she believed that those e-mails should have been
preserved the normal State Department processes for e-mail retention. After ten hours
testimony, Secretary Clinton was asked Chairman Gowdy she could provide the basis for
the numbers she had cited: you can find the source for the percent, would
grateful for it, and would probably have fewer questions. Secretary Clinton said she would so, and her counsel, Mr. Kendall, subsequently sent the Committee letter dated November
13, 2015 describing how those percentages were devised (copy attached hereto).
Case 1:13-cv-01363-EGS Document 180-1 Filed 12/14/18 Page
Dated: December 14, 2018
By:
ls/David Kendall
David Kendall (D.C. Bar No. 252890)
Katherine Turner (D.C. Bar No. 495528)
Amy Mason Saharia (D.C. Bar No. 981644)
WILLIAMS CONNOLLY LLP
Counsel for Non-Party Hillary Rodham
Clinton
Case 1:13-cv-01363-EGS Document 180-1 Filed 12/14/18 Page
VERIFICATION Hillary Rodham Clinton, declare under penalty perjury that the foregoing
supplemental responses are true and correct the best knowledge, information, and
belief.
Case 1:13-cv-01363-EGS Document 180-1 Filed 12/14/18 Page
CERTIFICATE SERVICE David Kendall, counsel for Non-Party Hillary Rodham Clinton, certify that,
December 14, 2018 copy the foregoing Supplemental Responses Plaintiffs Interrogatories and was filed via the Courts electronic filing system, and served via that system upon all
parties required served.
/s/ David Kendall
David Kendall
Case 1:13-cv-01363-EGS Document 180-1 Filed 12/14/18 Page
LAW OFFICES
WILLIAMS CONNOLLY LLP
725 TWELFTH STREET, N.W.
DAVID KENDALL
WASHINGTON, 20005-5901
(202) 434-5145
(202) 434-5000
dkendall@wc.com
EDWARD BENNETT WILLIAMS Cl920-19BB)
PAUL CONNOLLY (1922-1976)
FAX (202) 434-5029
November 13, 2015
Sent E-mail Paige.Oneto@mail.house.gov
The Honorable Trey Gowdy
Congress the United States
House Representatives
Select Committee Benghazi
1036 Longworth House Building
Washington, 20515-6090
Dear Mr. Chairman: requested your letter dated October 28, 2015, enclosing Errata sheet.to
former Secretary Clintons testimony October 22, 2015, before the Benghazi Select
Committee. have also initialed each proposed correction the margin the appropriate page
and faxing those pages you herewith. also wanted respond your request the conclusion the October 22, 2015
hearing which Secretary Clinton testified. particular, you asked for information regarding
the number work-related emails Secretary Clinton sent received from government email
accounts. December 2014, the Secretary provided the State Department with 30,490 emails consisting all the potentially work-related emails her possession. these emails, more
than 27,700 had government email address field-including more than 27,350 that were
sent received from State Department email address. have been advised the Department that least 1,240 these emails are not
federal records (i.e., they are personal records); leaving more than 29,250 work-related
emails.
Case 1:13-cv-01363-EGS Document 180-1 Filed 12/14/18 Page
The Honorable Trey Gowdy
November 13, 2015
Consistent with this information, between percent Secretary Clintons workrelated emails were from State Department email address and therefore would have been
captured the State Departments recordkeeping system.
David Kendall
cc:
Honorable Elijah Cummings