Year End Bang on Hillary Email
In 2016, Judicial Watch established itself as the most significant public policy entity in the nation. Our work in the courts exposing the truth about the Clinton emails and the corruption of the Clinton pay-to-play scandals changed history.
The U.S. Court of Appeals for the District of Columbia Circuit made a ruling last week in a JW case that would require Secretary of State John Kerry to seek the help of the attorney general in recovering additional Hillary Clinton emails. This means that Clinton’s email issue will be squarely before the Trump administration, as I highlight in our statement to the press:
Today’s appeals court ruling rejects the Obama State Department’s excuses justifying its failure to ask the attorney general, as the law requires, to pursue the recovery of the Clinton emails. This ruling means that the Trump Justice Department will have to decide if it wants to finally enforce the rule of law and try to retrieve all the emails Clinton and her aides unlawfully took with them when they left the State Department.
The appellate ruling reverses a decision in which the District Court declared “moot” a Judicial Watch’s lawsuit challenging the failure of Secretary of State John Kerry to comply with the Federal Records Act (FRA) in seeking to recover the emails of former Secretary of State Hillary Clinton and other high level State Department officials who used non-“state.gov” email accounts to conduct official business (Judicial Watch, Inc. v. John F. Kerry (No. 16-5015)).
According to the FRA, if an agency head becomes aware of “any actual, impending, or threatened unlawful removal . . . or destruction of [agency] records,” he or she “shall notify the Archivist . . . and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of [those] records.” Kerry refused to do this, and we sued. The lower court decided Kerry had done enough. The appeals court panel disagreed:
Appellants sought the only relief provided by the Federal Records Act—an enforcement action through the Attorney General. But nothing the Department did (either before or after those complaints were filed) gave appellants what they wanted. Instead of proceeding through the Attorney General, the Department asked the former Secretary to return her emails voluntarily and similarly requested that the FBI share any records it obtained. 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.” Absent a showing that the requested enforcement action could not shake loose a few more emails, the case is not moot.
In May 2015, we filed the lawsuit after the State Department failed to take action following a letter to Kerry “notifying him of the unlawful removal of the Clinton emails and requesting that he initiate enforcement action pursuant to the FRA,” including working through the attorney general to recover the emails.
Judicial Watch’s lawsuit subsequently was consolidated with a later lawsuit filed by our friends at the Cause of Action Institute. For more on this court development, you can see our discussion over at the Wall Street Journal’s Opinion Journal. And then we also have our Facebook Live Weekly Update discussions here and on Youtube.
This Obama administration has demonstrated itself to be an agent of lawlessness and an enemy of an open and transparent republic. To start, let’s hope that President-elect Trump’s appointees at the State Department and Justice Department finally start enforcing the rule of law on the Clinton email scandal.
Pelosi Rebukes Media For Reporting on Hacked DNC Emails: ‘You Were Accomplices’
House Minority Leader Nancy
(CNSNews.com) – At her weekly briefing with journalists House Minority Leader Nancy Pelosi (D-Calif.) criticized them from reporting on the hacked emails from the Democratic National Committee (DNC), calling them ‘accomplices’ in what she said was an effort by Russia to disrupt the U.S. presidential election.
“I really say to you, my friends in the press, with all due respect for the guardians of the First Amendment that you are, that you were accomplices in this,” Pelosi said.
“It was every single day you reported that there was an email that was embarrassing to the Clinton administration without saying, ‘We know this because of disruption by a foreign power into our electoral system,’” said the House Minority Leader.
‘You knew that,” Pelosi said. “You knew it was the Russians.”
“And so did it affect the Clinton campaign?” Pelosi said in response to a reporter’s question about whether she thought the hacking affected the outcome of the election. “Of course, it did.”
“Would it have come out differently?” Pelosi said. “I don’t know because there are many factors in an election.”
The DNC emails, which were posted online for the public to read by the group Wikileaks, included revelations about DNC efforts to marginalize Socialist candidate Bernie Sanders and information about DNC leader Donna Brazile reportedly passing confidential debate questions to candidate Hillary Clinton.