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FOIA News: Appeals court looks set to revive suit aimed at recovering Clinton emails

FOIA News (2015-16)Kevin SchmidtComment

Appeals court looks set to revive suit aimed at recovering Clinton emails

By Josh Gerstein, Politico, Nov. 4, 2016

A federal appeals court appears poised to revive a lawsuit demanding that the State Department set in motion a process that could trigger government-backed litigation to recover additional emails sent or received by Hillary Clinton during her tenure as secretary of state.

The D.C. Circuit Court of Appeals heard arguments Friday on a pair of lawsuits seeking to force Secretary of State John Kerry to formally notify the National Archives that Clinton's emails were unlawfully removed from government custody. Such a move could lead to a Justice Department lawsuit under the Federal Records Act, seeking to force Clinton and her aides to return any government records in their possession.

During roughly 40 minutes of arguments, two judges on the D.C. Circuit panel, Stephen Williams and Brett Kavanuagh seemed inclined to revive at least one of the suits: a complaint brought by the conservative group Judicial Watch.

The third appellate judge at Friday's hearing, Robert Wilkins, sounded supportive of the district court's ruling tossing the cases out as moot.

Read more here.

Listen to the oral argument here.