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Judicial Watch • JW-v.-State-HRC-emails-Oct-18-00687 pg 607-612

JW-v.-State-HRC-emails-Oct-18-00687 pg 607-612

JW-v.-State-HRC-emails-Oct-18-00687 pg 607-612

Page 1: JW-v.-State-HRC-emails-Oct-18-00687 pg 607-612

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Number of Pages:6

Date Created:March 20, 2019

Date Uploaded to the Library:March 20, 2019

Tags:challenges, Appointment, lawsuit, Oct, Constitution, Clintons, files, senator, 00687, HRC, hillary, Emails, Secretary, Hillary Clinton, unclassified, clinton, Obama, State Department, department


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UNCLASSIFIED U.S. Department State Case No. F-2016-07895 Doc No. C06163481 Date: 09/25/2018
Fw: Judicial Watch Files Suit, Challenges Hillary State Department Appointment
From:
Mills, Cheryl DMillsCD@state.gov
To:
hdr22@clintonemail.com
Subject:
Fw: Judicial Watch Files Suit, Challenges Hillary State Department Appointment
RELEASE
PART 85,
Fyi -tps below; justice will defend this suit.
From: Thessin, James
To: Mills, Cheryl
Cc: Conklin, Maegan Sullivan, Jacob Townley, Stephen
Sent: Thu Jan 2918:17:17 2009
Subject: Judicial Watch Files Suit, Challenges Hillary State Department Appointment
Cheryl,
For comment. Both Beth Nolan and Dan Koffsky OLC have cleared the answer. then added the background and Dan has
cleared substance.
Jim
***
Question: you have any comment the lawsuit filed Judicial Watch challenging Secretary Clintons appointment
Secretary o_fS_ta_te_?_
Answer:
UNCLASSIFIED U.S. Department State Case No. F-2016-07895 Doc No. C06163481 Date: 09/25/2018
UNCLASSIFIED U.S. Department State Case No. F-2016-07895 Doc No. C06163481 Date: 09/25/2018
Jim
U.S. Department State
Deputy Legal Adviser
Rm. 6421 Main State Bldg.
Washington, 20520-6421
202-647-8460
From: Beth Nolan [mailto:~---~
Sent: Thursday, January 29, 2009 6:06
To: Thessin, James
Subject: Re: FW: Files Suit, Challenges Hillary State Department Appointment
Think the comment good. Not unexpected. Thu, Jan 29, 2009 3:32 PM, Thessin, James >wrote:
Would welcome your comments.
UNCLASSIFIED U.S. Department State Case No. F-2016-07895 Doc No. C06163481 Date: 09/25/2018
UNCLASSIFIED U.S. Department State Case No. F-2016-07895 Doc No. C06163481 Date: 09/25/2018
Question: you have any comment the lawsuit filed Judicial Watch challenging Secretary Clintons appointment
Secretary State?
Answer:
Jim
U.S. Department State
Deputy Legal Adviser
Rm. 6421 Main State Bldg.
Washington, 20520-6421
202-647-8460
From: Conklin, Maegan
Sent: Thursday, January 29, 2009 2:32
To: Legal-EMP-DL; Thessin, James
Cc: Donoghue, Joan
Subject: FW: Files Suit, Challenges Hillary State Department Appointment
Please see request for press guidance the lawsuit filed Judicial Watch (on behalf acurrent foreign service officer)
challenging Clintons appointment Secretary State. Will possible get draft guidance COB?
From: Yehl, Ashley C(PACE) [mailto:YehlAC2@state.gov
Sent: Thursday, January 29, 2009 2:20
To: Conklin, Maegan Prosser, Sarah Greenberg, Brenda
Subject: FW: Files Suit, Challenges Hillary State Department Appointment
UNCLASSIFIED U.S. Department State Case No. F-2016-07895 Doc No. C06163481 Date: 09/25/2018
UNCLASSIFIED U.S. Department State Case No. F-2016-07895 Doc No. C06163481 Date: 09/25/2018 Meagan, Sarah, and Brenda received the below story from our reporter Matt Lee and Robert requesting guidance it. When you have adraft,
would you mind sending us?
Thanks!
Ashley
From: Jill Farrell [mailto~
Sent: Thursday, January 29, 2009 1:44
To: jfarrelll
Subject: Files Suit, Challenges Hillary State Department Appointment
FOR IMME ATE RELEASE
January 29, 2009
Contact: Jill Farrell (202) 646-5172 ext 305
Judicial Watch Files Lawsuit Challenging
Hillary Clinton Appointment
Behalf State Department Foreign Service Officer
Hillary Clinton Constitutionally Ineligible Serve Secretary State
Washington, Judicial Watch, the public interest group that investigates and prosecutes government corruption,
announced today that has filed alawsuit against newly sworn-in Secretary State Hillary Rodham Clinton behalf U.S.
Foreign Service Officer and State Department employee David Rodearmel (Rodearmel Clinton, al., (D. District
Columbia)). The lawsuit maintains that Mrs. Clinton constitutionally ineligible serve Secretary State and that Mr.
Rodearmel cannot forced serve under the former U.S. Senator, would violate the oath took aForeign Service
Officer 1991 support and defend and bear true faith and allegiance the Constitution the United States.
Under the Emoluments Ineligibility clause the U.S. Constitution, member Congress can appointed acivilian
position within the U.S. government the emoluments the position, such the salary benefits paid whoever
occupies the office, increased during the term for which the Senator Representative was elected.
UNCLASSIFIED U.S. Department State Case No. F-2016-07895 Doc No. C06163481 Date: 09/25/2018
UNCLASSIFIED U.S. Department State Case No. F-2016-07895 Doc No. C06163481 Date: 09/25/2018
Specifically, article section 6of the U.S. Constitution provides, Senator Representative shall, during the Time for which was elected, appointed any civil Office under the Authority the United States, which shall have been created, the
Emoluments whereof shall have been encreased during such time. The text the provision absolute prohibition and
does not allow for any exceptions.
According Judicial Watchs lawsuit, the emoluments the office U.S. Secretary State increased three times during
Mrs. Clintons most recent U.S. Senate term. That term, which began January 2007, does not expire until January 2013,
regardless Mrs. Clintons recent resignation. The lawsuit notes that Congress attempted evade this clear constitutional
prohibition with aso-called Saxbe fix last month, reducing the Secretary States salary the level effect January
2007. This maneuver, first used the Taft Administration, has been more frequently used recent years both parties,
allowing notably Republican Senator William Saxbe become U.S. Attorney General 1973 and Democratic Senator Lloyd
Bentsen become Treasury Secretary 1993. Asimilar fix has been enacted for Senator Ken Salazar join the Obama
Cabinet Secretary the Interior.
Judicial Watchs lawsuit, however, points out that the legislation does not and cannot change the historical fact that the
compensation and other emoluments the office the U.S. Secretary State increased during Defendant Clintons tenure the U.S. Senate .... The U.S. District Court for the District Columbia required give expedited consideration the
lawsuit.
This historic legal challenge should remind politicians both parties that the U.S. Constitution not trifled with, said Judicial Watch President Tom Fitton. Mrs. Clinton constitutionally ineligible serve the
U.S. Secretary State until least 2013, when her second term the U.S. Senate expires. hope the courts will put
stop these end runs around the Constitution and affirm the rule law. read acopy the lawsuit against Hillary Clinton, visit www.judiciwatch.org
###
Jill Farrell
Director Public Affairs
Judicial Watch
501 School St, SW, Suite 500
Washington, 20024
Director Bias: http://www.judicialwatch.org/ dirbios.shtml
UNCLASSIFIED U.S. Department State Case No. F-2016-07895 Doc No. C06163481 Date: 09/25/2018
UNCLASSIFIED U.S. Department State Case No. F-2016-07895 Doc No. C06163481 Date: 09/25/2018
Judicial Watch, Inc. aconstitutionally conservative, nonpartisan educational foundation that promotes transparency,
accountability and integrity government, politics and the law.
The information contained this communication intended for the useof the designated recipients named above. the
reader this communication not the intended recipient, you are hereby notifiedthat you have received this communication error, and that any review,dissemination, distribution copying this communication strictly prohibited. you have
received this communication error, please notify The Associated Press immediately telephone +1-212-621-1898 and
delete this e-mail. Thank you.[IP_US_DISC]msk dccc60c6d2c3a6438f0cf467d9a4938
UNCLASSIFIED U.S. Department State Case No. F-2016-07895 Doc No. C06163481 Date: 09/25/2018