{"id":328407,"date":"2017-09-30T15:06:42","date_gmt":"2017-09-30T14:06:42","guid":{"rendered":"http:\/\/rinf.com\/alt-news\/newswire\/unredacted-clinton-emails-to-be-reviewed-in-court-despite-state-dept-resistance\/"},"modified":"2017-09-30T15:06:42","modified_gmt":"2017-09-30T14:06:42","slug":"unredacted-clinton-emails-to-be-reviewed-in-court-despite-state-dept-resistance","status":"publish","type":"post","link":"http:\/\/rinf.com\/alt-news\/newswire\/unredacted-clinton-emails-to-be-reviewed-in-court-despite-state-dept-resistance\/","title":{"rendered":"Unredacted Clinton emails to be reviewed in court, despite State Dept. resistance"},"content":{"rendered":"<p><img decoding=\"async\" src=\"https:\/\/cdn.rt.com\/files\/2017.09\/thumbnail\/59cf9322fc7e93ca768b456b.jpg\" \/><\/p>\n<p>        A federal judge has ordered a review of unredacted Hillary Clinton emails relating to her use of a private server while US Secretary of State. The State Department has also been ordered to argue why it shouldn\u2019t have to investigate the emails.<\/p>\n<div>\n<p>In a case brought by conservative watchdog, Judicial Watch, U.S. District Court Judge Colleen Kollar-Kotelly <a href=\"http:\/\/www.judicialwatch.org\/wp-content\/uploads\/2017\/09\/JW-v-State-Order-HRC-iPad-00646.pdf\">ordered<\/a> the personal review of redacted material from emails <em>\u201cdiscussing Secretary of State Hillary Clinton&#8217;s use of iPads and iPhones during her tenure at the State Department,&#8221;<\/em> Judicial Watch said.<\/p>\n<p>Thirteen sealed documents must be presented to the court in their entirety for a video-recorded [private] review by November 6, Judge Kollar-Kotelly said, according to court documents.<\/p>\n<p>The order stems from a lawsuit brought by Judicial Watch following the government\u2019s refusal to respond to a March 2015 Freedom Of Information Act (FOIA) request. The group has filed multiple FOIA requests and lawsuits in its investigation into Clinton\u2019s use of a private email server during her time as secretary of state.<\/p>\n<p>According to a press release, Judicial Watch has <a href=\"http:\/\/www.judicialwatch.org\/press-room\/press-releases\/judicial-watch-court-will-review-clinton-emails-objections-tillerson-state-department-sessions-justice-department\/\">requested<\/a>, <em>\u201cAll records of requests by former Secretary of State Hillary Rodham Clinton or her staff to the State Department Office Security Technology seeking approval for the use of an iPad or iPhone for official government business.\u201d<\/em><\/p>\n<p>It also demands, <em>\u201cAll communications within or between the Office of the Secretary of State, the Executive Secretariat, and the Office of the Secretary and the Office of Security Technology concerning, regarding, or related to the use of unauthorized electronic devices for official government business.\u201d<\/em><\/p>\n<p>Judicial Watch argues the redactions should not be covered by deliberative process privilege (the principle that internal government processes are immune from FOIA requests) because there is a <em>\u201cgovernment misconduct\u201d<\/em> exception.<\/p>\n<p><em>\u201cGiven the difficulty of adjudicating the applicability of the government misconduct exception in the abstract\u2014assuming such an exception exists at all\u2014and the practical reality that this litigation has reduced to relatively small portions of thirteen documents, the Court shall order in camera review of the contested materials,\u201d<\/em> Judge Kollar-Kotelly <a href=\"http:\/\/www.judicialwatch.org\/wp-content\/uploads\/2017\/09\/JW-v-State-Order-HRC-iPad-00646.pdf\">wrote<\/a>. \u00a0<\/p>\n<p>The court order also details how Judicial Watch wants the State Department to <em>\u201cbe required to conduct a supplemental search of certain additional emails allegedly recovered by the Federal Bureau of Investigation on October 28, 2016.\u201d<\/em><\/p>\n<p>The State Department has said it\u2019s not required to search theses materials, as they<em> \u201care not yet in State\u2019s possession, nor is there any indication when they will be.\u201d<\/em><\/p>\n<p>According to Judge Kollar-Kotelly, <em>\u201cwhile it may be true\u201d<\/em> that the materials weren\u2019t in the Department\u2019s control at the time the FOIA request was made, <em>\u201cthe Court cannot rely on Defendant\u2019s bald assertion to that effect in a legal brief.\u201d<\/em><\/p>\n<p>The State Department has been ordered to present <em>\u201can affidavit addressing the agency\u2019s control of these materials\u201d<\/em> by November 6.<\/p>\n<p><em>\u201cIt is frankly outrageous that Secretary Tillerson and Attorney General Sessions allow their agencies to cover up for and defend Hillary Clinton\u2019s scandalous and potentially criminal conduct,\u201d<\/em> Judicial Watch <a href=\"http:\/\/www.judicialwatch.org\/press-room\/weekly-updates\/weekly-update-court-victory\/\">said<\/a> in a statement.<em> \u201cJW will keep the battles up in court and will continue to educate Americans about the lack of action by these Trump agencies.\u201d<\/em><\/p>\n<p>Kollar-Kotelly is a former presiding judge of the Foreign Intelligence Surveillance Court (FISA).<\/p>\n<\/div>\n<p>Via <a href=\"https:\/\/www.rt.com\/usa\/405120-unredacted-clinton-emails-judge-state-dept\/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=RSS\">RT<\/a>. This piece was reprinted by <a href=\"http:\/\/rinf.com\">RINF Alternative News<\/a> with permission or license.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A federal judge has ordered a review of unredacted Hillary Clinton emails relating to her use of a private server while US Secretary of State. The State Department has also been ordered to argue why it shouldn\u2019t have to investigate the emails. In a case brought by conservative watchdog, Judicial Watch, U.S. District Court Judge [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":328408,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[519],"tags":[],"class_list":{"0":"post-328407","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-newswire"},"_links":{"self":[{"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/posts\/328407","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/comments?post=328407"}],"version-history":[{"count":0,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/posts\/328407\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/media\/328408"}],"wp:attachment":[{"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/media?parent=328407"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/categories?post=328407"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/tags?post=328407"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}