(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 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
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.
Secretary Clinton objects to the Interrogatories insofar as they request information about Secretary Clinton’s use of her clintonemail.com account to send and receive e-mails that were personal in nature, as such use is not within the scope of the permitted topics set forth in General Objection No. 2. Secretary Clinton will construe the Interrogatories to ask only about her use of her clintonemail.com account to send and receive e-mails related to State Department business.
Secretary Clinton objects to the Interrogatories insofar as they request information about management, retention, and/or preservation of federal records. This action arises under FOIA, which does not govern management, retention, or preservation of federal records. See Kissinger v. Reporters Committee for Freedom of the Press, 445 U.S. 136, 152 (1980). Accordingly, management, retention, and/or preservation of federal records are not within the scope of the permitted topics of discovery set forth in General Objection No. 2.
Secretary Clinton objects to Instruction No. 1 insofar as it purports to require Secretary Clinton to provide information that is not within her personal knowledge. The purpose of the limited discovery permitted by the Court is to obtain Secretary Clinton’s “personal knowledge of her purpose in using the [clintonemail.com] system.” Dkt. #124, at 16; see also id. at (directing Plaintiff “to propound questions that are relevant to Secretary Clinton’s unique first-hand knowledge”). Secretary Clinton is answering these Interrogatories based on her direct personal knowledge. She is not undertaking to provide information known only to other persons, including but not limited to her attorneys, representatives, persons acting under, by, or through her, or subject to her control or supervision, or other persons acting on her behalf.
Secretary Clinton objects to these Interrogatories to the extent that they call for the production of information that is privileged or otherwise protected from discovery by the attorney-client privilege, the work product doctrine, or any other applicable privilege, protection, or immunity. Secretary Clinton will respond only to the extent privileged or otherwise protected information is not required and to the extent that the Interrogatory is not otherwise objectionable.