If Hillary Clinton loses this election, it won’t be because of Bernie Sanders. It won’t be because of Marco Rubio or Jeb Bush or Carly Fiorina. It will be because of a 1966 statute.
The Clintons are street fighters, and over their scandal-plagued years they have mastered outwitting the press, Congress, the Justice Department, even special prosecutors. But the reason Mrs. Clinton isn’t winning her latest scandal is because she faces a new opponent—one she can’t beat: the Freedom of Information Act.
Of all the Clinton email revelations this week, none compared with a filing by the State Department in federal Judge Emmet Sullivan’s court in Washington on Monday. The filing was a response to a FOIA lawsuit brought in March by conservative organization Citizens United. The group demanded documents from Mrs. Clinton’s tenure as secretary of state related to the Clinton Foundation and to the 2012 terrorist attack on the U.S. diplomatic outpost in Benghazi, Libya. What the State Department revealed was a testament to the power of FOIA.
Congressional investigators can subpoena documents, but even if after long delays they get them, the investigators must trust that the agency handed over everything. The agency usually doesn’t. Under FOIA, by contrast, the agency is required by law to provide plaintiffs with a complete inventory and broad description of every document it has that pertains to the request—but is withholding. This is known as a Vaughn index. The State Department on Monday handed over its Vaughn index to Citizens United and, boy, are these email descriptions revealing.