Federal Court Hearing on FBI Clinton Records – Agency Wants Up to Two Years to Turn Over 35 Records

Judicial Watch

Hearing Set for Tuesday, February 7

(Washington DC) – Judicial Watch today announced a hearing will be held Tuesday, February 7, 2017, regarding Judicial Watch’s Freedom of Information Act (FOIA) lawsuit seeking records held by the FBI containing text messages and emails of former Secretary of State Hillary Clinton stored on the equipment of Datto Inc., a commercial data management company, as well as FBI records about the device and what materials were recovered on it (Judicial Watch v. U.S. Department of Justice (No. 1:16-cv-02369)).  The case is before U.S. District Court Judge Randolph D. Moss.

At the previous hearing Tuesday, January 24, 2017, Trump administration lawyers for the FBI informed Judicial Watch and the court that it located 35 FBI records that concern the Datto device and that it may take up to two years to release the records.  In addition, the FBI recovered approximately 10,000 messages from the Datto device.  The messages were turned over to the State Department to be processed and released on its website.

Tomorrow’s hearing should address whether the Trump FBI will be able to slow walk the release of these records.

Judicial Watch’s lawsuit seeks:

  • All records, including but not limited to emails or text messages (SMSs, MMSs, BBMs, iMessages, etc.), discovered, recovered, retrieved from, or found on any Datto device, equipment, or hardware connected to or used to backup or support former U.S. Secretary of State Hillary Rodham Clinton’s clintonemail.com email system.
  • All records relating to the FBI’s efforts to discover, recover, retrieve, or find emails or text messages stored on the Datto device, equipment, or hardware …

Clinton reportedly was using an online backup service called Datto Inc. to create copies of her data during a time when she and her aides were improperly handling classified material. Datto’s website company promises data is “invincible, secure, and instantly restorable at any time.

Datto announced it had turned over a “hardware device” to the FBI, along with all Clinton emails the company had in its possession, possibly including Clinton’s deleted private emails:

“With the consent of our client and their end user, and consistent with our policies regarding data privacy, yesterday, Tuesday, October 6, Datto delivered a hardware device to the FBI containing all backed up data related to Platte Rivers Networks’ client known to be in its possession,” said the company.

The court hearing is scheduled for Tuesday morning:

Date: Tuesday, February 7, 2017

Time: 10 a.m. ET

Location: Courtroom 21

U.S. District Court for the District of Columbia

333 Constitution Ave NW

Washington, DC 20001

Hillary Clinton, Top Aides Ignore Court Request to Produce Assurances about Federal Records Under Penalty of Perjury

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Judicial Watch

(Washington, DC) – Judicial Watch announced that the State Department today provided a status report as required by a July 31 federal court order requiring the State Department to request that Hillary Clinton and her top State Department aides Human Abedin and Cheryl Mills confirm, under penalty of perjury, that they have produced all government records in their possession, return any other government records immediately, and describe their use of Hillary Clinton’s email server to conduct government business.  The State Department filing shows that the agency sent the former officials the request and a copy of Judge Sullivan’s order but that both Mills and Abedin, who responded through their attorneys, ignored Judge Sullivan’s request to submit information under penalty of perjury.  The State Department reports that Mrs. Clinton has yet to respond.  Contrary to both Judge Sullivan’s order and the State Department’s request, Ms. Mills’ attorney said that she told Ms. Mills to destroy federal records in her possession on Monday, August 10. Tonight, Judicial Watch filed an urgent response informing Judge Sullivan of this plan to destroy federal records.

The State Department produced the August 5 letter it sent to Mrs. Clinton, which included a copy of Judge Sullivan’s order.

The developments come in a Judicial Watch Freedom of Information Act (FOIA) lawsuit that seeks records about the controversial employment status of Huma Abedin, the former Deputy Chief of Staff to Secretary of State Hillary Clinton (Judicial Watch v. U.S. Department of State (No. 1:13-cv-01363)). The lawsuit was reopened last month because of revelations about Hillary Clinton’s email records.

Letters produced yesterday show that, on July 31, the State Department, for the first time, demanded that Mills and Abedin “return all copies of potential federal records in your possession.”  The State Department did not provide correspondence demanding Mrs. Clinton return all copies of potential federal records.  Despite the court’s July 31 order for immediate disclosure, the State Department and its Justice Department attorneys took six days to disclose the 13 letters, which total 19 pages.

Prior to August 5 court-ordered letters, the State Department had asked no questions of Clinton, Mills, and Abedin about Mrs. Clinton’s separate email system or classified material.

“Hillary Clinton, Huma Abedin and Cheryl Mills are showing contempt for a federal court order.  And now we know that Cheryl Mills may very well destroy federal records as soon as Monday, August 10.  We just alerted Judge Sullivan to this potential destruction of records by Cheryl Mills, who serves as Mrs. Clinton’s lawyer and was her top aide at the State Department.  Why is Mrs. Clinton refusing to confirm, under penalty of perjury, to disclose facts about her email system and to confirm she isn’t withholding federal records?” said Judicial Watch President Tom Fitton.

Judge Napolitano – Hillary Clinton Is Eligible for Criminal Prosecution

Independent Sentinel

The Hillary Clinton email scandal is not simply a scandal. She broke the law and she did it more than once. Will she be prosecuted for it? Judge Napolitano was asked that question and in the end, she could be but it will depend on the prosecutor.

Former Secretary of State Hillary Clinton has given us her word that she only destroyed personal emails, but she has refused to turn over her husband’s server. She brazenly wiped the server clean when it was subpoenaed.

Information on Benghazi, the Russian reset and all the other dealings she has been involved in are lost. Communications with her aides, including Huma Abedin, are lost. Possible information about donations to her charity from foreign nations is gone. Schedule information is also gone.

She has clearly broken the law and the public was told to just trust her.

Trey Gowdy is not just trusting her.

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House Select Committee on Benghazi Chairman Trey Gowdy delivered a letter to Hillary Clinton’s lawyers on Friday demanding Clinton hand over her email server to a third party to see what email remains on it even though she said she has wiped the server clean.

“I am formally requesting Secretary Clinton make her server available to a neutral, detached and independent third-party for immediate inspection and review,” Gowdy wrote, adding that the State Department’s Office of Inspector General could be a possible third party to examine the email.

“(S)hould Secretary Clinton continue to maintain that the server and its contents are hers alone, I will inform the Speaker of the House of Representatives so that he can use the full powers of the House to take the necessary steps to protect the best interests of the American people,” Gowdy wrote, according to The Blaze.

The full powers of the House would allow them to arrest her though that is unlikely.

Fox News anchor Bill Hemmer asked Judge Andrew Napolitano Monday morning if Hillary Clinton could be in trouble legally for her recent crimes related to the destruction of her government documents/emails. Judge Napolitano said that she’s in trouble legally if there is a prosecutor who will prosecute her.

The Judge said she broke the law several times and the same laws applied to others should be applied to her.

Hillary Clinton diverted government documents from the government to her husband’s server; she admitted to putting classified information in a non-classified venue which is the same crime as General Petraeus who had them in a drawer; and she admitted to destroying subpoenaed evidence after she was notified it was under subpoena – that’s obstruction of justice.

Hillary Clinton made these judgements instead of the State Department, the Judge said.

Judge Napolitano said this case should be presented to a Grand Jury to let them decide.

Evan Bayh, former Democratic senator from Indiana, said the voter’s won’t care. Judge Napolitano said they will care because the Clintons have acted as if they were above the law for years.

[The server will probably go on fire next and when she testifies, she won’t remember a thing.]

Watch the Judge:

Remember when it was a big deal when Richard Nixon or his secretary allegedly erased 18 1/2 minutes of Watergate Tapes? The entire Watergate scandal was blown well out of proportion but how is it Hillary can erase years of government documents?

It’s so important to the left that they are still trying to retrieve the data from the tapes. Rosemary Woods said she accidentally erased five minutes of the tape.