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Judge Orders Hillary Clinton's Testimony In Mail Component
During his four years in President Barack Obama's office, Clinton relied on a private email account and server for his business and personal messages. This practice led to a storm of controversy that clouded his 2016 presidential candidacy and is widely believed to contribute to his ultimate defeat by Donald Trump.
In response to press questions during the campaign and in the affidavit, Clinton said she had kept the private account and the server after taking office as secretary of state in 2009 for the sake of convenience and not to avoid FOIA or other disclosure requirements. The FBI investigated, interviewed Clinton and recommended against the criminal charges, but found dozens of messages in his account which, according to officials, contained highly classified information.
However, Lamberth said in his ruling on Monday that the FBI investigation and State Department representations did not sufficiently end questions about the episode and that Clinton's testimony is necessary to address these concerns.
"To argue that the Court now has enough information to determine whether the state carried out an adequate search is absurd," wrote Lamberth, who has been intermingled with Clinton's aides for decades in a series of cases.
The judge, appointed by President Ronald Reagan, said that the fact that more Clinton emails continue to flow from the State Department raises questions about the thoroughness of the previous actions of the government to retrieve Clinton's messages.
"Even years after the FBI investigation, the slow trickle of new emails has yet to be explained," Lamberth wrote. He criticized Clinton's previous responses given in response to another judge's order as "at best incomplete, unnecessary or superficial".
Among the questions Lamberth said, Clinton has yet to answer: "How did she come to believe that her private server emails would be preserved by normal State Department processes for email retention? No response from records to FOIA requests for emails? If so, did she suspect that she had an obligation to disclose the existence of her private server to those of the processing state FOIA requests? … And why did she think the use of a private server to conduct State Department business was allowed by law in the first place? "
In addition to ordering the testimony of Clinton, Lamberth said he would demand the deposition of Clinton's former chief of staff, Cheryl Mills, although she has already been interviewed, in person and under oath by Judicial Watch on the matter in another FOIA matter. The judge also approved a subpoena to Google for any Clinton emails he may have.
Lamberth said Clinton and Mills could be specifically questioned about their knowledge of files related to the Benghazi attack, but not about their response to the assault, which killed four Americans, including the ambassador American in Libya.
Lawyers for Clinton and Mills did not immediately respond to requests for comment on the judge's order.
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