Judicial Watch Releases New Hillary Clinton Email Answers Given under Oath
October 13, 2016 News Release
(Washington, DC) – Judicial Watch today released received responses under oath from former Secretary of State Hillary Clinton concerning her email practices. Judicial Watch submitted twenty-five questions on August 30 to Clinton as ordered by U.S. District Court Judge Emmet G. Sullivan.
The court order reads:
[T] the State Department shall release all remaining documents responsive to Judicial Watch’s Freedom of Information Act request by no later than September 30, 2016; and it is FURTHER ORDERED that, consistent with Rule 33 of the Federal Rules of Civil Procedure, Judicial Watch may serve interrogatories on Secretary Clinton by no later than October 14, 2016 … Secretary Clinton’s responses are due by no later than thirty days thereafter … Judicial Watch may depose Mr. Bentel by no later than October 31, 2016.
In his opinion Judge Sullivan writes:
The Court is persuaded that Secretary Clinton’s testimony is necessary to enable her to explain on the record the purpose for the creation and operation of the clintonemail.com system for State Department business.
The new Clinton responses in the Judicial Watch Freedom of Information Act (FOIA) lawsuit before Judge Sullivan was first filed in September 2013 seeking records about the controversial employment status of Huma Abedin, former deputy chief of staff to Clinton. The lawsuit was reopened because of revelations about the clintonemail.com system (Judicial Watch v. U.S. Department of State (No. 1:13-cv-01363)).
Judicial Watch has already taken the deposition testimony of seven Clinton aides and State Department officials.
Below is text from the document filed with the court today:
NON-PARTY HILLARY RODHAM CLINTON’S RESPONSE
TO PLAINTIFF’S INTERROGATORIES
Pursuant to the Court’s August 19, 2016 order and Rule 33 of the Federal Rules of Civil Procedure, Non-Party Hillary Rodham Clinton hereby responds to Plaintiff’s Interrogatories dated August 30, 2016. The General Objections and the Objections to the Definitions set forth below are incorporated into each of the specific responses that follow. Any specific objections are in addition to the General Objections and Objections to the Definitions, and failure to reiterate a General Objection or Objection to the Definitions does not constitute a waiver of that or any other objection.
GENERAL OBJECTIONS sample of 3 of 8 general objections
- Secretary Clinton objects to the Interrogatories on the ground that any discovery of Secretary Clinton is unwarranted in this case, for the reasons set forth in Secretary Clinton’s Opposition to Plaintiff’s Motion to Depose Hillary Rodham Clinton, Clarence Finney, and John Bentel (Dkt. #102) and Surreply in Further Opposition to Plaintiff’s Motion to Depose Hillary Rodham Clinton, Clarence Finney, and John Bentel (Dkt. #109), and as stated by Secretary Clinton’s counsel during the Court hearing on July 18, 2016. Secretary Clinton will answer the Interrogatories notwithstanding this objection, subject to the other objections stated herein.
- Secretary Clinton objects to the Interrogatories insofar as they request information outside the scope of permitted discovery in this case. The Court permitted discovery of Secretary Clinton on the topics of “the purpose for the creation and operation of the clintonemail.com system for State Department business,” as well as “the State Department’s approach and practice for processing FOIA requests that potentially implicated former Secretary Clinton’s and Ms. Abedin’s e-mails and State’s processing of the FOIA request that is the subject of this action.” Dkt. #124, at 14, 19 (internal quotation marks omitted). Secretary Clinton will answer the Interrogatories insofar as they seek non-privileged information related to those topics.
- Secretary Clinton objects to the Interrogatories insofar as they request information relating to events that occurred, or actions taken by Secretary Clinton, after her tenure as Secretary of State. Such post-tenure actions or events are not within the scope of the permitted topics of discovery set forth in General Objection No. 2.
OBJECTIONS TO DEFINITIONS
- Secretary Clinton objects to the definition of “Clintonemail.com email system” insofar as it refers to e-mail system(s), server(s), provider(s), and infrastructure used to host her clintonemail.com e-mail account after her tenure as Secretary of State. Information concerning the e-mail system(s), server(s), provider(s), and infrastructure used to host her clintonemail.com account after her tenure as Secretary of State is not relevant to the purpose for the creation and operation of the clintonemail.com account during her tenure as Secretary of State, and therefore is outside the scope of the permitted discovery. In answering these Interrogatories, Secretary Clinton will construe the term “Clintonemail.com email system” to refer to the e-mail system(s), server(s), provider(s), and infrastructure used to host her clintonemail.com e-mail account during her tenure as Secretary of State.
- Secretary Clinton objects to the definition of “Clintonemail.com account” insofar as it refers to e-mail addresses used by other individuals ending in the domain name “clintonemail.com.” In answering these Interrogatories, Secretary Clinton will construe the term “Clintonemail.com account” to refer to email@example.com, which was the clintonemail.com account used by Secretary Clinton during her tenure.
RESPONSES TO INTERROGATORIES sample of the responses for 3 of the 25 questions:
- Describe the creation of the clintonemail.com system, including who decided to create the system, the date it was decided to create the system, why it was created, who set it up, and when it became operational.
Response: Secretary Clinton objects to Interrogatory No. 1 as outside the scope of permitted discovery. The clintonemail.com system, as that term is defined in the Instructions and subject to Secretary Clinton’s objection to that definition, consisted of equipment set up to host e-mail for President Clinton’s staff. Information regarding the creation of that system, including the reasons for its creation, is irrelevant to this lawsuit and outside the scope of permitted discovery. The Court permitted discovery in this case on the question of “the purpose for the creation and operation of the clintonemail.com system for State Department business.” Dkt. #124, at 17 (emphasis added). That question is the subject of Interrogatory No. 2, which is answered below.
- Describe the creation of your clintonemail.com email account, including who decided to create it, when it was created, why it was created, and, if you did not set up the account yourself, who set it up for you.
Response: In the Senate, when Secretary Clinton began using e-mail, she used a personal e-mail account for both work-related and personal e-mail. Secretary Clinton decided to transition from the account she used in her tenure at the Senate to the clintonemail.com account. She recalls that it was created in early 2009. Secretary Clinton did not set up the account. Although Secretary Clinton does not have specific knowledge of the details of the account’s creation, her best understanding is that one of President Clinton’s aides, Justin Cooper, set up the account. She decided to use a clintonemail.com account for the purpose of convenience.
- When did you decide to use a clintonemail.com email account to conduct official State Department business and whom did you consult in making this decision?
Response: Secretary Clinton recalls deciding to use a clintonemail.com e-mail account to conduct official State Department business in early 2009. She does not recall any specific consultations regarding the decision to use the clintonemail.com account for official State Department business.
Judicial Watch has taken the sworn testimony of Clinton’s top aides Cheryl Mills and Huma Abedin, as well as top State Department official Patrick Kennedy, and former State IT employee Bryan Pagliano regarding the creation and operation of Clinton’s non-government email system. Judicial Watch plans to deposeJohn Bentel, the State Department’s former Director of Information Resource Management of the Executive Secretariat (“S/ES-IRM”), the office that handles information technology for the Office of the Secretary, on October 24, 2016.
“We’re pleased that we now have a little bit more information about Hillary Clinton’s email practices,” said Judicial Watch President Tom Fitton. “Our lawyers will be reviewing the responses closely. Mrs. Clinton’s refusal to answer many of the questions in a clear and straightforward manner further reflects disdain for the rule of law.
For further information on this case, click here.
Rule 37 (b) Failure to Comply with a Court Order.
(1) Sanctions Sought in the District Where the Deposition Is Taken. If the court where the discovery is taken orders a deponent to be sworn or to answer a question and the deponent fails to obey, the failure may be treated as contempt of court. If a deposition-related motion is transferred to the court where the action is pending, and that court orders a deponent to be sworn or to answer a question and the deponent fails to obey, the failure may be treated as contempt of either the court where the discovery is taken or the court where the action is pending.
(2) Sanctions Sought in the District Where the Action Is Pending.
(A) For Not Obeying a Discovery Order. If a party or a party’s officer, director, or managing agent—or a witness designated under Rule 30(b)(6) or 31(a)(4)—fails to obey an order to provide or permit discovery, including an order under Rule 26(f), 35, or 37(a), the court where the action is pending may issue further just orders. They may include the following:
(i) directing that the matters embraced in the order or other designated facts be taken as established for purposes of the action, as the prevailing party claims;
(ii) prohibiting the disobedient party from supporting or opposing designated claims or defenses, or from introducing designated matters in evidence;
(iii) striking pleadings in whole or in part;
(iv) staying further proceedings until the order is obeyed;(v) dismissing the action or proceeding in whole or in part
(vi) rendering a default judgment against the disobedient party; or
(vii) treating as contempt of court the failure to obey any order except an order to submit to a physical or mental examination.
Frankly I think like Trump–stop worrying about political issues and do the job assigned one to the best of ability. Then get this woman to go before a court to answer for her actions. Just be sure to hold off judgement until January 20, 2017.