Posted on 03/20/2015 12:57:39 PM PDT by Cincinatus' Wife
The Justice Department is defending former Secretary of State Hillary Clinton from a motion to subpoena her private emails under the Freedom of Information Act (FOIA).
“Such action is unnecessary and inappropriate under FOIA,” DOJ officials wrote in a legal briefing filed Thursday. Officials were responding to a case launched by Larry Klayman, the founder of the conservative watchdog group Freedom Watch.
Klayman is asking the U.S. Court of Appeals in Washington, D.C., to subpoena Clinton’s computer server where she housed the private email address she used while serving in the State Department.
Clinton has turned over 55,000 pages of emails that she believed could be considered official government communications, but she deleted 30,000 emails that she considered to be personal.
The Justice Department describes Klayman’s call for a subpoena as “speculation” in its brief.
“Plaintiff provides no basis, beyond sheer speculation, to believe that former Secretary Clinton withheld any work-related emails from those provided to the Department of State,” the agency says.
The filing, first reported by Politico, is the first time that the Justice Department has addressed the government’s role in accounting for Clinton’s private emails.
The agency says that the Freedom of Information Act “creates no obligation for an agency to search for and produce records that it does not possess and control.”
Justice also criticized Klayman’s motion to hold Clinton and her former State Department aide Cheryl Mills in contempt.
Klayman initially filed the suit challenging the State Department, which he claims did not adequately respond to his FOIA request for documents relating to Iran sanctions.
A district court ruled against Klayman in January, but he filed an updated appeal Clinton's use of the private email account and server surfaced. Klayman claims that by keeping her emails off of public servers, Clinton and the State Department obstructed justice.
The Justice Department said that the State Department plans to review the records Clinton turned over and will give Klayman any emails related to his request.
Down Memory Lane: "Hillary Clinton - I'm not going to have some reporters pawing through our papers. We are the president."
Why don’t they bring up Sarbanes-Oxley?
It was sheer speculation that Nixon’s 18-minute gap contained anything incriminating, too.
"It's sheer speculation she DID NOT withhold work-related emails"
I think it is a pretty safe bet that the hard drives on the server were replaced sometime after the 30,000 e-mails were deleted.
Not even the NSA will be able to recover e-mails from the small pieces of melted aluminum slag that were left over after the hard drives were incinerated.
A blind person can see how utterly corrupt the entire federal government is.
Disgusting.
So now the JD is acting as the defense attorneys for Clinton instead of the prosecuting attorneys?
This why Gowdy knew from the beginning than under this administration nothing of consequence was ever going to allow this case to go forward and be closed against Clinton.
But, Gowdy and other investigative committees can certainly make life miserable and expensive for Clinton from now until doom’s day, until we have a new Republican president.
I can’t even fathom the number of pardons that will be issued on the last days of this administration.
FFS, the crime is not that she withheld them, the crime is that they landed on her private server.
But it is NOT sheer speculation that she was in violation of the LAW -- y'know, the LAW, what the so-called Department of Justice is supposed to be concerned with?
I think it's safe to say that by mid 2017, the Baraq Obama Foundation funding will make the Clinton Global Initiative look like your kids' allowance.
WRONG! It’s “sheer speculation” that she DIDN’T! Morons!
“The agency says that the Freedom of Information Act ‘creates no obligation for an agency to search for and produce records that it does not possess and control.’”
Kind of makes Klayman’s point, doesn’t it? The Agency SHOULD possess and control the former DEPARTMENT’s Secretary’s emails. Absent that possession and control, the former Secretary of State’s server(s) and emails should be subject to subpoena and, her choosing not to give the Department possession and control in violation of federal law, should cause her and her aide be held in contempt.
Can you imagine a world without lawyers
"Bart: When I grow up, I wanna be a lawyer just like you, Mr. Hutz.
Lionel Hutz: Good for you, son. If there's one thing this world needs, it's more lawyers. Could you imagine a world without lawyers?
That’s why they want to subpoena it, dumbass. To end the speculation.
“I can’t even fathom the number of pardons that will be issued on the last days of this administration.”
BJ, the first Black President, pardoned 459, including the fugitive at large, Marc Rich.
The Fraud “only” had 61 as of the end of his first term. Of course, he simply won’t allow prosecution in the first place....
If all that is required is for Clinton to say it’s “private” well then FOIA means nothing,she can simply declare everything “private”
So it would seem. But, the Federal Government saw fit to have a legally blind employee sift through some of Lois Lerner's emails!
This was FOIA request, not the demand from Congressional oversight.
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