Judge Lamberth Orders Schedule for Discovery Within Ten Days
(Washington, DC) – Judicial Watch announced today that, in a ruling excoriating both the U.S. Departments of State and Justice, U.S. District Court Judge Royce C. Lamberth has ordered both agencies to join Judicial Watch in submitting a proposed schedule for discovery into whether Hillary Clinton sought to evade the Freedom of Information Act (FOIA) by using a private email system and whether the State Department acted in “bad faith” by failing to disclose knowledge of the email system. The decision comes in a FOIA lawsuit related to the Benghazi terrorist attack.
Specially, Lamberth ruled:
… the Court ORDERS the parties to meet and confer to plan discovery into (a) whether Hillary Clinton’s use of a private email while Secretary of State was an intentional attempt to evade FOIA; (b) whether the State Department’s attempts to settle this case in late 2014 and early 2015 amounted to bad faith; and (c) whether State has adequately searched for records responsive to Judicial Watch’s requests.
Terming Clinton’s use of her private email system, “one of the gravest modern offenses to government transparency,” Lamberth wrote in his MEMORANDUM OPINION:
… his [President Barack Obama’s] State and Justice Departments fell far short. So far short that the court questions, even now, whether they are acting in good faith. Did Hillary Clinton use her private email as Secretary of State to thwart this lofty goal [Obama announced standard for transparency]? Was the State Department’s attempt to settle this FOIA case in 2014 an effort to avoid searching – and disclosing the existence of – Clinton’s missing emails? And has State ever adequately searched for records in this case?
Court Excoriates Obama State Department/Justice Department for Possibly Acting in “Bad Faith” and Colluding “to Scuttle Public Scrutiny” of Clinton Private Email Server
At best, State’s attempt to pass-off its deficient search as legally adequate during settlement negotiations was negligence born out of incompetence. At worst, career employees in the State and Justice Departments colluded to scuttle public scrutiny of Clinton, skirt FOIA, and hoodwink this Court.
Turning his attention to the Department of Justice, Lamberth wrote:
The current Justice Department made things worse. When the government last appeared before the Court, counsel claimed, ‘it is not true to say we misled either Judicial Watch or the Court.’ When accused of ‘doublespeak,’ counsel denied vehemently, feigned offense, and averred complete candor. When asked why State masked the inadequacy of its initial search, counsel claimed that the officials who initially responded to Judicial Watch’s request didn’t realize Clinton’s emails were missing and that it took them two months to ‘figure  out what was going on’… Counsel’s responses strain credulity. [citations omitted]
The Court granted discovery because the government’s response to the Judicial Watch Benghazi FOIA request for Clinton emails “smacks of outrageous conduct.”
Citing an email (uncovered as a result of Judicial Watch’s lawsuit) that Hillary Clinton acknowledged that Benghazi was a terrorist attack immediately after it happened, Judge Lamberth asked: “Did State know Clinton deemed the Benghazi attack terrorism hours after it happened, contradicting the Obama Administration’s subsequent claim of a protest-gone-awry?”
Did the Department merely fear what might be found? Or was State’s bungling just the unfortunate result of bureaucratic red tape and a failure to communicate? To preserve the Department’s integrity, and to reassure the American people their government remains committed to transparency and the rule of law, this suspicion cannot be allowed to fester.
“The historic court ruling raises concerns about the Hillary Clinton email scandal and government corruption that millions of Americans share,” stated Judicial Watch Tom Fitton. “Judicial Watch looks forward to conducting careful discovery into the Clinton email issue and we hope the Justice Department and State Department recognize Judge Lamberth’s criticism and help, rather than obstruct, this court-ordered discovery.”