Court Rules State Department Must Release Clinton Emails Detailing Obama Response to Benghazi

 

This would seriously be payback, if Trump’s Justice Department under Jeff Sessions, assigns attorneys to put both Hillary and Obama under oath.

 

What makes anyone think they would tell the truth?

They are both serial perjurers and would likely lie even under oath.

Telling lies can be tricky if one expects to lie their way out of them when being deposed or in a court of law.

Both have lied so frequently that they may well slip up, ending with both receiving justice at last.

 

 

                      Ode to Poet

 

I have some good news on bad news on getting more answers on the Benghazi outrage.

First the good news. 

Judicial Watch

Tom Fritton

May 5th, 2017

 

U.S. District Judge Amy Berman Jackson

We put out word this morning that on March 20, 2017, U.S. District Judge Amy Berman Jackson ordered the U.S. Department of State to turn over to Judicial Watch.

 

An Obama appointee, Amy Berman Jackson was appointed as a United States District Judge in March of 2011.

Prior to joining the Court, she was engaged in private practice in Washington, D.C. as a member of Trout Cacheris, where she specialized in complex criminal and civil trials and appeals.

Earlier, she was a partner at Venable, Baetjer, Howard, and Civiletti.

She began her career as a law clerk for the Hon. Harrison L. Winter on the United States Court of Appeals for the 4th Circuit, and she served as an Assistant United States Attorney for the District of Columbia, where she received Department of Justice Special Achievement Awards for her work on murder and sexual assault cases.

She began her career as a law clerk for the Hon. Harrison L. Winter on the United States Court of Appeals for the 4th Circuit, and she served as an Assistant United States Attorney for the District of Columbia, where she received Department of Justice Special Achievement Awards for her work on murder and sexual assault cases.

Judge Jackson received her J.D. cum laude from Harvard Law School and her A.B. cum laude from Harvard College. (Source)

The identical paragraph of previously redacted material in two September 13, 2012, Hillary Clinton emails.

The emails regarded phone calls made by President Barack Obama to Egyptian and Libyan leaders immediately following the terrorist attack on the U.S. mission in Benghazi. 

Both emails had the subject line Quick Summary of POTUS Calls to Presidents of Libya and Egypt and were among the emails stored on Clinton’s unofficial email server. 

Judge Jackson reviewed the documents directly and rejected the government’s contention that the records had been properly withheld under the FOIA B(5)  exemption.

Both emails had the subject line “Quick Summary of POTUS Calls to Presidents of Libya and Egypt†and were among the emails stored on Clinton’s unofficial email server. 

Judge Jackson reviewed the documents directly and rejected the governmentâ’s contention that the records had been properly withheld under the FOIA B(5) deliberative process exemption.

 

 

 

The emails regarded phone calls made by President Barack Obama to Egyptian and Libyan leaders immediately following the terrorist attack on the U.S. mission in Benghazi.

Both emails had the subject line quick Summary of POTUS Calls to Presidents of Libya and Egypt and were among the emails stored on Clinton’s unofficial email server.

Judge Jackson reviewed the documents directly and rejected the government’s contention that the records had been properly withheld under the FOIA B(5)   exemption.

 

Judge Jackson ruled:  “the two records, even if just barely pre -decisional, are not deliberative. [The State Department] has pointed to very little to support its characterization of these two records as deliberative, and the Court’s in camera review of the documents reveals that they do not fall within that category.â€

The full emails may reveal what former Secretary of State Hillary Clinton and President Obama knew about the September 11, 2012, terror attack on the U.S. mission in Benghazi.

Now the bad news!

Immediately following Judge Jackson’s March 20 ruling, the State Department asked the court to reconsider.  The State Department argued that, due to an internal “mistake,†it failed to claim that the emails were classified and, therefore, exempt from production under FOIA Exemption B(1).

You won’t be surprised to learn our attorney team went back to court to oppose this gambit.  Our brief argues that the failure was not a mistake, but instead was part of a deliberate effort by the State Department to protect Clinton and the agency by avoiding identifying emails on Clinton’s unofficial, non-secure email server as classified.

Our filing cites an interview of an FBI employee who told federal investigators that top State Department official Patrick Kennedy pressured the FBI to keep Clinton’s emails unclassified.  The employee told the FBI he “believes STATE ha[d] an agenda which involves minimizing the classified nature of the CLINTON emails in order to protect STATE interests and those of CLINTON.â€

We also cite to an interview of a State Department employee who told the FBI that the State Department’s Office of Legal Counsel interfered with the FOIA processing of email from Secretary Clinton’s server, instructing reviewers to use Exemption B(5) (deliberative process exemption) instead of Exemption B(1) (classified information exemption).  According to the FBI interview:

STATE’s Near East Affairs Bureau upgraded several of CLINTON’s emails to a classified level with a B(1) release exemption. [Redacted], along with [Redacted] attorney, Office of Legal Counsel, called STATE’s Near East Affairs Bureau and told them they could use a B(5) exemption on an upgraded email to protect it instead of the B(1) exemption. However, the use of the B(5) exemption, which is usually used for executive privilege-related information, was incorrect as the information actually was classified and related to national security, which would be a B(1) exemption.

Judicial Watch argues:

An agency’s deliberate withholding of an FOIA claim, either to gain a tactical advantage or, as appears to be the case here, to protect the agency’s interests and those of its former head, is “a motive undoubtedly inconsistent with FOIA’s broad remedial purpose …†It “counsels denying the Government’s request.â€

The emails in question were sent to then-top administration officials, including Clinton, Deputy Secretary of State William Burns, Under Secretary of State Wendy Sherman, Clinton Deputy Chief of Staff Jacob Sullivan, Special Assistant Robert Russo, and Deputy National Security Advisor Denis McDonough.

I’m sure you share my concern that this potentially historic Benghazi material may never see the light of day thanks to some within the Trump administration. Does President Trump know his State and Justice Departments are still trying to provide cover for Hillary Clinton and Barack Obama?â€

I can’t believe this extraordinary court ruling that could result in key answers about the Benghazi outrage is being opposed by the Trump administration.

This may well be an example of the “deep state†trying to get away with a cover-up. If so, then the Trump administration must put a stop to it.

We fought the Obama administration in court repeatedly to uncover the truth about Benghazi that even Congress couldn’t  get.

Let’s hope the Trump administration appointees understand the stakes and stop fighting us in court (and wasting taxpayer dollars) to defend the indefensible.

 

Until next week…
Tom Fitton

 

 

THE END

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