A Vast Email Conspiracy Hillary’s biggest problem isn’t Bernie. It’s the Freedom of Information Act. By Kimberley A. Strassel
http://www.wsj.com/articles/a-vast-email-conspiracy-1460069105
Hillary Clinton is good at imagining partisan plots, and to listen to her team, no less than several inspectors general, the intelligence community, and the entire Republican ecosphere are colluding to turn her home-brew email system into a fake scandal. To this conspiracy, she must now add the federal judiciary.
In recent weeks, not one, but two, esteemed federal judges have granted an outside group—Judicial Watch—the right to conduct discovery into the origins and handling of her private email system. It’s a reminder that Mrs. Clinton’s biggest problem this election isn’t Bernie Sanders or Donald Trump. Her problem is a 1966 statute known as the Freedom of Information Act, and the judges who enforce it.
The judges have taken unprecedented steps to resolve this case. It is exceedingly rare—almost unheard of—for a judge to allow discovery in a FOIA proceeding. This is a testament to how grave Mrs. Clinton’s email problem is. In the usual course of things, an outside group demands documents, a judge requires a federal department to hand them over, and the public learns something.
In this case—as we all know—the problem is that the State Department doesn’t have the documents. Or rather, it can’t confirm that it has them all, because State left it to Mrs. Clinton and her aides to possess them, and then to unilaterally decide what to hand over. To Judge Royce Lamberth, this is cut and dry “evidence of government wrong-doing and bad faith,” and the law demands a full accounting of how this situation came to be, what records exist, and where they are now.
Speaking of the judge’s words, they too are a testament to Mrs. Clinton’s mess. Judge Lamberth was unplugged in his order, calling the former secretary of state’s email set up “extraordinary,” and slamming “constantly shifting admissions by the government and former government officials” about the setup. Judge Emmet Sullivan, the first to allow discovery, referred in his own hearing to Mrs. Clinton’s “totally atypical system” and noted that it “boggles the mind that the State Department allowed this circumstance to arise in the first place. It’s just very, very, very troubling.”CONTINUE AT SITE
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