FOIA Advisor

FOIA News: Clinton email lawsuit on hold

FOIA News (2015-16)Allan BlutsteinComment

Judge halts Clinton email lawsuit, for now

By Josh Gerstein, Politico, June 21, 2016

A federal judge has put on hold a lawsuit related to Hillary Clinton's private email server, rejecting both the Justice Department's bid to resolve the case in the government's favor and a conservative group's demand to force the State Department to turn over more information about the issue.

In staying the Freedom of Information Act suit Tuesday, U.S. District Court Judge Reggie Walton cited ongoing discovery in two other cases filed by the watchdog group Judicial Watch.  In one of those cases, several top aides to Clinton have given depositions or are scheduled to give depositions before the end of this month.

In the suit Walton halted Tuesday, Judicial Watch had sought details on why Undersecretary of State for Management Patrick Kennedy and former State Department Legal Adviser Harold Koh corresponded with Clinton at her private address, but apparently did not ensure her emails were searched in response to pending FOIA requests.

The judge didn't rule out allowing the group to inquire into that issue via written questions or depositions of State officials, but he said it appeared those questions were within the ambit of the fact-finding process already underway in other litigation.

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