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Appeals court revives lawsuits over Hillary Clinton’s emails

December 27, 2016

 If Hillary Clinton thought her email woes died alongside her Presidential aspirations she was sadly mistaken because today the DC Court of Appeals (yes, the DC Court of Appeals) has revived lawsuits by Judicial Watch and Cause of Action seeking to force the Federal government to sue the former Secretary of State.

  Here is more:

A federal appeals court has revived a pair of lawsuits seeking to force the federal government to sue former Democratic presidential candidate Hillary Clinton in a quest to try to recover more emails from the private server she used while secretary of state.

A three-judge panel of the District of Columbia Circuit Court of Appeals ruled unanimously Tuesday that a lower court judge erred when he threw out the cases as moot after the State Department received tens of thousands of emails from Clinton and more from the FBI following the criminal investigation it conducted.

Watchdog groups Judicial Watch and Cause of Action filed separate suits in 2015, asking that Secretary of State John Kerry and the head of the National Archives, Archivist David Ferriero, be required to refer the Clinton email issue to the Justice Department to consider filing a civil suit to get missing federal records back.

  And here is more about the opinion:

D.C. Circuit Judge Stephen Williams said State’s requests to Clinton and the FBI for copies of Clinton’s emails were not necessarily enough to fulfill State’s obligation to pursue any missing messages.

“Even though those efforts bore some fruit, the Department has not explained why shaking the tree harder — e.g., by following the statutory mandate to seek action by the Attorney General — might not bear more still. It is therefore abundantly clear that, in terms of assuring government recovery of emails, appellants have not ‘been given everything [they] asked for,'” Williams wrote in the court’s opinion, joined by Judges Brett Kavanaugh and Robert Wilkins. “Absent a showing that the requested enforcement action could not shake loose a few more emails, the case is not moot.”

“While the case might well … be moot if a referral were pointless (e.g., because no imaginable enforcement action by the Attorney General could lead to recovery of the missing emails), the record here provides no factual support for finding mootness on that basis,” Williams wrote.

  According to the above-linked article the decision stops short of referring the case to the Justice Department and honestly I do not think this is going to go anywhere. I think we should probably be content with the knowledge that Hillary Clinton is not the President-elect and her email woes probably played a big part in it.

 malo periculosam libertatem quam quietum servitium

9 Comments leave one →
  1. December 27, 2016 9:07 pm

    Me thinks that Sessions may have an acquired taste for going after the Clintons. This is good news just thinking about the Appeals decision. Maybe stacking the D.C. court was about as effective as the Bush’s court picks.

    Liked by 2 people

    • December 28, 2016 6:26 am

      Yeah, stacking the court did not seem to work so well this time. 😉 It will be interesting to see what Sessions does because Trump has already said he wouldn’t pursue Hillary. Will he act on his own or will he follow the wishes of the President?

      Liked by 2 people

  2. Brittius permalink
    December 27, 2016 9:39 pm

    Reblogged this on Brittius.

    Liked by 1 person

  3. December 28, 2016 2:22 am

    According to an article in the AGD Sessions is required to be involved in the case.

    “The [State] department has not explained why shaking the tree harder—e.g., by following the statutory mandate to seek action by the Attorney General—might not bear more still. Absent a showing that the requested enforcement action could not shake loose a few more emails, the case is not moot.”

    Come Jan 10 the Senate will either approve AGD Sessions or face a public firestorm. It will be Sen Chuck vs Sen Mitch. Will POTUS Trump have to step in to stiffen Mitch’s spine?

    Liked by 2 people

    • December 28, 2016 6:28 am

      It is going to be interesting to watch this play out, with any luck justice will still be served.


  4. petermac3 permalink
    December 28, 2016 11:57 pm

    So it remains to be seen if Huma will be making conjugal visits after all …and not to Weiner but to grandma. Now excuse me while I visit the vomitorium.

    Liked by 1 person

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