Skip to content

Get Judicial Watch Updates!

DONATE

Judicial Watch • Support for Motion for Status Conference Regarding Clinton/State Department Emails

Support for Motion for Status Conference Regarding Clinton/State Department Emails

Support for Motion for Status Conference Regarding Clinton/State Department Emails

Page 1: Support for Motion for Status Conference Regarding Clinton/State Department Emails

Category:Clintons

Number of Pages:5

Date Created:March 23, 2015

Date Uploaded to the Library:March 25, 2015

Tags:statement, AGENCY, Emails, email, Hillary Clinton, Secretary, clinton, State Department, document, FOIA, court


File Scanned for Malware

Donate now to keep these documents public!


See Generated Text   ∨

Autogenerated text from PDF

Case 1:14-cv-01242-RCL Document Filed 03/23/15 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.
Plaintiff,
DEPARTMENT STATE,
Defendant.
Civil Action No. 14-1242 (RCL)
PLAINTIFF REPLY SUPPORT
MOTION FOR STATUS CONFERECE
Judicial Watch, Inc. Judicial Watch counsel, respectfully submits this reply
support its Motion for Status Conference.
The basis for Judicial Watch motion for
status conference that the State Department conducting limited, extremely inadequate
search and withholding material information bad faith, not that the State Department has
located limited number responsive documents. Def. Opp. Pltf. Mot. for Status
Conference Def. Opp.
The State Department has yet demonstrate how satisfying its obligations under
FOIA light recent revelations that Secretary Clinton emails were not being properly
managed, retained and produced.
This also applies emails received sent other officials employees within the Secretary office conduct government business who used
non- state.gov email addresses. determine the adequacy the State Department search,
both Judicial Watch and the Court should informed the Department directly the details
surrounding the retention agency emails within the Office the Secretary and the extent
the Department ability search, request and retrieve those records. status conference
Case 1:14-cv-01242-RCL Document Filed 03/23/15 Page
necessary because the State Department has been anything but upfront and transparent this
regard.
Too much time has been wasted what appears gamesmanship the
government.
Contrary the Department allegations that voluntarily informed Judicial Watch
directly, and without being prompted, about issue with emails received sent Secretary
Clinton and her staff, the record demonstrates otherwise.
Def. Opp.
Had Judicial
Watch not challenged the State Department search, this case would most likely have been
dismissed before any public revelations were made about the unlawful arrangement relating
the State Department handling agency emails during Secretary Clinton tenure the State
Department.
Plf. Mot. for Status Conference Plf. Mot. 3-6; 8-10; 12.
The State
Department argument that did not have the emails its custody when completed its initial
search irrelevant.
The relevant issue that the State Department did not inform Judicial
Watch that the agency emails were apparently Secretary Clinton server and that the search
did not include those agency records.
The State Department has conducted itself bad faith
when failed records-manage its agency records and again when failed disclose such
pertinent information Judicial Watch and the Court.
Further, Judicial Watch prior request that the State Department confirm whether its
supplemental search includes the 55,000 pages went unanswered until Judicial Watch requested
consent for status conference. See Ex. Plf. Mot. (ECF No. 12-3). today filing,
the State Department has still not responded Judicial Watch request confirm whether its
supplemental search includes all non- state.gov email addresses used other officials
employees within the Secretary office for government business.
Id.
Based information
Case 1:14-cv-01242-RCL Document Filed 03/23/15 Page
available through public accounts, the supplemental search should also include these other email
addresses, well the remaining agency emails Secretary Clinton not turned over. the
extent that Secretary Clinton used her non- state.gov email address communicate with State
Department employees outside her office who used state.gov email addresses, the State
Department would also have conduct agency wide searches respond properly Judicial
Watch FOIA request.
The State Department relies the Court ruling Kissinger Reporters Comm. For
Freedom the Press argue that matters raised Judicial Watch motion are outside the
scope FOIA, but does not address the relevant part the Court opinion this case.
U.S. 136 (1980).
445 need not decide whether this standard might displaced the event
that was shown that agency official purposefully routed document out agency
possession order circumvent FOIA request. Id., such cases, this Court has
already found that discovery was appropriate where was designed explore the extent
which [the Department Commerce DOC illegally destroyed and discarded responsive
information, and possible methods for recovering whatever responsive information still exists
outside the DOC possession. Judicial Watch, Inc. U.S. Dept. Commerce, Supp.
2.d 18, (D.D.C. 1998); see, e.g., Landmark Legal Found. EPA, 272 Supp. 59,
(D.D.C. 2003) (noting that earlier litigation the court had held the EPA contempt and
ordered pay plaintiff costs and fees caused EPA contumacious conduct, namely,
destroying potentially responsive material contained hard drives and email backup tapes
Secretary Clinton was the head the agency and the State Department cannot claim was
unaware the State Department failure records-manage agency emails from the Office
Case 1:14-cv-01242-RCL Document Filed 03/23/15 Page
the Secretary. fact, the Statement from the Office Former Secretary Clinton states that
[h]er usage [of non- state.gov email for State Department business] was widely known the
over 100 Department and U.S. government colleagues she emailed.
Time the essence this case. The statement former Secretary Clinton during
press conference that she did not preserve approximately 30,000 emails she sent received
through her non- state.gov email address she used exclusively conduct government business matter public record not conjecture. Plf. Mot. 13; Def. Opp.
Only last
week, the State Department publically disclosed that was unable automatically archive the
emails most its senior officials until last month.
not conjecture.
This also matter public record
The State Department has still not informed the Court Judicial Watch
whether has undertaken any efforts retrieve agency emails from non- state.gov email
addresses used other officials employees within the Office the Secretary during the
relevant time period from other employees within the agency.
The State Department needs request these agency records immediately light the Department history poor
records-management and preservation agency records.
WHEREFORE, Judicial Watch, Inc. respectfully requests status conference soon
possible for the Court and the parties address the issues raised Plaintiff motion and reply support thereof, and for any other relief the Court deems just and proper.
Hillary Clinton, Statement from the Office Former Secretary Clinton (Mar. 10, 2015), available http://insider.
foxnews.com/2015/03/10/read-hillary-clintons-office-releases-qa-email-controversy.
httpp://www.washingtonpost.com/world/national-security/state-dept-most-official-email-not-auto-archiveduntil-feb/2015/03/13/71e689f0-c9e6-11e4-bea5-b893e7ac3fb3_story.html
Case 1:14-cv-01242-RCL Document Filed 03/23/15 Page
Dated:
March 23, 2015
Respectfully submitted,
JUDICIAL WATCH, INC.
/S/ Ramona Cotca
Ramona Cotca, D.C. Bar No. 501159
Judicial Watch, Inc.
425 Third Street, SW, Suite 800
Washington, 20024
(202) 646-5172
Attorneys for Plaintiff