http://www.breitbart.com/big-government/2015/03/11/obscure-court-filing-explodes-hillary-clinton-email-scandal/


OBSCURE’ COURT FILING EXPLODES HILLARY CLINTON EMAIL SCANDAL

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[image: AP Photo/The Canadian Press, John Woods]

AP Photo/The Canadian Press, John Woods
<http://www.apimages.com/metadata/Index/Hillary-Rodham-Clinton-/0c3519e1d15644b481a4193bc8042579/9/0>

*by* TOM FITTON <http://www.breitbart.com/author/tom-fitton/>11 Mar
2015Washington, DC*122*
<http://www.breitbart.com/big-government/2015/03/11/obscure-court-filing-explodes-hillary-clinton-email-scandal/#disqus_thread>
What some in the media describe as “an obscure court filing” has exploded
onto the national scene in the form of a growing scandal over Hillary
Clinton’s use of a private email account to conduct government business.

Revelations that then-Secretary of State Clinton conducted all of her
official business on a personal email account have dominated national
headlines recently, and Judicial Watch is once again in the center of the
storm.  I have no doubt that it was Judicial Watch’s focused Freedom of
Information lawsuits, the disclosures from which led to the creation of the
House Select Committee on Benghazi, which led to the uncovering of a
scandal that could have criminal ramifications for Mrs. Clinton.

We knew something was up.  And we had gotten hints in our blockbuster
litigation that uncovered the smoking-gun documents
<http://www.judicialwatch.org/press-room/press-releases/documents-obtained-judicial-watch-reveal-top-hillary-clinton-advisers-knew-immediately-assault-benghazi-armed-attack/>
showing
Hillary’s top aides at State knew that the Benghazi terrorist attack had
nothing to do with “demonstrations” or Internet videos.  AsPolitico
<http://www.politico.com/story/2015/03/hillary-clinton-email-legal-115737.html#ixzz3Te6sp3rU>
noted
recently, there is no doubt JW’s litigation was front and center as the
seven-year cover-up of Hillary’s secret emails was unraveling:

The first public sign of the email imbroglio now enveloping former
Secretary of State Hillary Clinton may have come more than a month ago in
an obscure court filing in a lawsuit demanding details of Clinton’s
response to the attacks on U.S. facilities in Benghazi, Libya.

Last year, government lawyers handling the case brought by the conservative
group Judicial Watch told a federal judge that the agency had searched its
files and had no more records to produce.

They changed their tune on February 2.

“In the course of preparing additional information to provide to Plaintiff
for purposes of settlement discussions, Defendant has discovered that
additional searches for documents potentially responsive to the FOIA must
be conducted,” the attorneys wrote.

The scandal may impact at least 10 Freedom of Information Act lawsuits now
active in federal courts as well as about 160 Freedom of Information
requests we’ve filed with the Obama State Department.

As with what happened when Judicial Watch forced the disclosure of the
“missing” IRS emails, and as Politico seems to acknowledge, these emails
would never have been disclosed but for our FOIA lawsuits that broke open
the Benghazi scandal and first exposed the scandal of her and Bill Clinton
raising money illicitly while she was Secretary of State. JW also has good
reason to suspect that the Obama administration withheld material
information while purposefully misleading us, as well as at least one
federal court about these emails.  In fact, we are reviewing at least 10
FOIA lawsuits that have been dismissed to see if this scandal might warrant
their reopening in federal court.

The State Department’s early response to the scandal has not been
encouraging.  While new records will be searched in response to future FOIA
requests, there are no plans
<http://www.politico.com/story/2015/03/hillary-clinton-email-legal-115737.html>
to
go back and review the accuracy of what has already been produced in
response to FOIA, Mari Harf, a State Department spokeswoman, has said.
That’s a problem.

Clinton apologists from within and outside of the State Department have
made the point that by turning over 55,000 pages of emails to department
officials, critics should be placated. So then in order to diffuse the
controversy, why doesn’t Clinton simply release the records she already
turned over? To do so “would highlight the fact that Clinton’s own aides
and lawyers determined which records were work-related,” Politico
surmises.  That is putting it charitably.

There seems to be an assumption that the account(s) at issue are her
“personal” accounts.  On the contrary, these accounts, which were set up by
the Secretary of State to conduct government business, are alias government
accounts and should be treated as such.  No third party reviews, as some
are suggesting, are necessary if State follows the law and treats the
account(s) as it would any other State.gov account. The State Department is
obligated to secure the accounts as soon as possible to protect classified
materials, retrieve any lost data, protect other federal records, and
search records as required by court orders in our various FOIA lawsuits,
and in response to congressional subpoenas, etc.

Rather than her private lawyers/campaign advisers reviewing the accounts
and releasing material to the government, the agency should assert its
ownership, secure the material, and prohibit private parties from illicitly
reviewing potentially classified and other sensitive material.

There’s also the question of national security.  During a State Department
briefing
<http://thehill.com/policy/technology/234484-no-classified-emails-sent-through-clintons-personal-account>,
Harf put off questions from the press asking if the account Clinton used
had any kind of encryption as a safeguard against hackers. Moreover, based
upon available information there’s no way for us to know if Clinton
discussed classified material in her private account.

To be clear, there is potential criminal liability for Mrs. Clinton and
others for concealing these government records, stealing these government
records, and mishandling any classified information.  To start, you can
read this (this title says it all), “Did Hillary Commit a Felony?
<http://www.nationalreview.com/article/414835/did-hillary-commit-felony-shannen-coffin>
”

Even the Obama White House has tried to avoid accountability by trying to
pretend that, ultimately, it was Hillary Clinton’s responsibility to ensure
she followed the law.  This is absurd on its face, and the defense is
falling apart even as I am writing.

Reports
<http://www.politico.com/story/2015/03/hillary-clinton-emails-delays-115824.html?ml=po>
confirm
that the White House supposedly knew in August of last year about these
secret accounts but covered it up.  You can see why this scandal is not
about Hillary Clinton only, it is about her boss Barack Obama and any other
top administration officials who knew or should have known that Clinton was
breaking the law from the day she became Secretary of State.

We are on the case.  Our lawyers placed the Department of Justice and the
State Department on notice that we expect all secret State Department email
accounts, including those of Hillary Clinton, to be secured and searched as
the law requires. We are prepared to seek court action as the next step. In
addition, we filed a new lawsuit that demands Hillary Clinton’s emails on a
key foreign policy issue (see below).

And we sent out Wednesday three new Freedom of Information requests that
show that we are dead serious on getting access to all this material.  We
demanded:

   - The 55,000 pages of emails
   
<http://www.judicialwatch.org/document-archive/foia-request-hillary-clintons-55000-pages/>
received
   by the Department of State from former Secretary of State Hillary Rodham
   Clinton: from October 1, 2014, to present.
   - Any and all emails
   
<http://www.judicialwatch.org/document-archive/foia-request-hillary-clintons-emails-2009-2013/>sent
   or received by former Secretary of State Hillary Rodham Clinton in her
   official capacity as Secretary of State during her tenure: from February 2,
   2009, to January 31, 2013.
   - Any and all emails
   
<http://www.judicialwatch.org/document-archive/foia-request-hillary-clintons-emails-2012-benghazi-attacks/>
of
   former Secretary of State Hillary Rodham Clinton concerning, regarding or
   relating to the September 11, 2012, attack on the U.S. Consulate in
   Benghazi, Libya: from September 11, 2012, to January 31, 2013

The State Department lawfully must provide these documents, or a
justification for withholding them, to Judicial Watch within 20 working
days, or be subject to federal lawsuits under FOIA.  Four more requests for
information just went out.

We are tired of the Obama/Clinton shell games and will sue as soon as the
law allows if this administration continues to unlawfully withhold this
material from the American people.

Meanwhile, the House Select Committee on Benghazi
<http://benghazi.house.gov/>, chaired by Rep. Trey Gowdy (R-SC), issued
subpoenas for “all communications” from Clinton “related to Libya” and to
the State Department “for other individuals who have information pertinent
to the investigation,” according to a statement
<http://benghazi.house.gov/news/press-releases/statement-from-the-communications-director-on-subpoena-issuance>
from
the committee’s communications director.

There are 18 lawsuits, ten of which are active in federal court, as well as
about 160 Judicial Watch FOIA requests that could be affected by Mrs.
Clinton and her staff’s use of secret email accounts to conduct official
government business.   In Judicial Watch’s various FOIA lawsuits, lawyers
for Judicial Watch have informed attorneys for the Obama administration
that Hillary Clinton’s and any other secret accounts used by State
employees should be secured, recovered, and searched.




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