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FOIA News: Parties dispute whether Clinton's server constitutes government system

FOIA News (2015-16)Allan BlutsteinComment

Court weighs whether Clinton email was official records system

By Sarah Westwood, The Washington Times, Oct. 6, 2015

A federal court is weighing whether Hillary Clinton's private server network should be treated as a State Department records system and therefore searched in its entirety by the agency.

Lawyers for Judicial Watch, a conservative watchdog group, pressed Judge Emmet Sullivan Tuesday to allow the court to question Patrick Kennedy, the State Department's top records official. They suggested Kennedy could certify whether the agency authorized Clinton's use of a private server.

Judicial Watch's legal team argued against "relying on former employees' apparently personal attorneys to decide" which emails should be considered official records in a Freedom of Information Act hearing Tuesday in district court.

State Department attorneys said the argument that Clinton's email domain should be treated as an official records system was "an incredibly novel legal theory" and discouraged the court from immediately allowing a review of the argument.

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