MAY 16, 2016
Submits Proposed Witness List, Discovery Plan to Federal Court
(Washington, DC) – Judicial Watch announced today that it has filed a proposed order for discovery with a federal court that seeks the testimony of Hillary Clinton about her use of non-state.gov email account(s) for official State Department business. Judicial Watch’s discovery plan also seeks the testimony of Cheryl Mills, Clinton’s former chief of staff; and Jacob “Jake” Sullivan, former senior advisor and deputy chief of staff, as well as other current and former State Department officials. Judicial Watch proposes the testimony take place over 12 weeks.
Today’s filing comes in a July 2014 Freedom of Information (FOIA) lawsuit seeking records and communications in the Secretary’s Office related to the since discredited talking points used by then-U.N. Ambassador Susan Rice to describe the nature of the September 11, 2012 Benghazi attack (Judicial Watch v. U.S. Department of State (No. 1:14-cv-01242)).
Clinton’s proposed testimony would cover the search in response to Judicial Watch’s FOIA request and, according to the filing:
- searches of the Office of the Secretary for emails relating to the September 12, 2012 Benghazi attack and its aftermath, including searches for the Accountability Review Board, congressional inquiries, other FOIA requests, and the preparation of Secretary Clinton’s testimony before Congress on January 23, 2013;
- the State Department’s policies, practices, procedures and/or actions (or lack thereof) to secure, inventory, and/or account for all records, including emails, of Secretary Clinton, prior to [her] termination of employment with the State Department; and
- the use of non-state.gov email account(s) to conduct official State Department business by Secretary Clinton and other officials and staff in the Office of the Secretary;
Judicial Watch’s other proposed witnesses include:
- Cheryl Mills
- Jacob Sullivan
- Lauren Jiloty, former special assistant to Clinton
- Monica Hanley, former Clinton aide
- Clarence Finney, State Department records management official
- 30(b)(6) witness(es) (designated State Department witness(es) who testify on behalf of the agency)
Judicial Watch also seeks documents about the State Department’s Benghazi document responses and the handling of non-State.gov emails of Clinton and other top State officials, in particular:
- All documents that concern or relate to the processing of any and all searches of the Office of the Secretary for emails relating to the September 11, 2012 Benghazi attack and its aftermath, including but not limited to:
- searches for records for the Accountability Review Board;
- searches in response to congressional inquiries (including requests from the House Committee on Oversight and Government Reform dated September 20, 2012, October 2, 2012, October 29, 2012, and November 1, 2012);
- searches in preparation of Secretary Clinton’s testimony before Congress on January 23, 2013; and
- searches in response to FOIA requests, including but not limited to the FOIA request submitted by Plaintiff in this case.
Such documents would include the tasking, tracking and reporting records for such searches. Forms DS-1748 and any “search slips,” “search tasker,” “search details,” shall also be considered responsive.
- All communications that concern or relate to the processing of all searches referenced in Document Request No. 1 above, including directions or guidance about how and where to conduct the searches, whether and how to search Secretary Clinton’s email, and issues, problems, or questions concerning the searches and/or search results.
- All records that concern or relate to the State Department’s policies, practices, procedures and/or actions (or lack thereof) to secure, inventory, and/or account for all records, including emails, of Secretary Clinton, Cheryl Mills, Huma Abedin and Jacob Sullivan prior to their termination of employment with the State Department.
U.S. District Court Judge Royce Lamberth ruled on March 29 that “where there is evidence of government wrong-doing and bad faith, as here, limited discovery is appropriate, even though it is exceedingly rare in FOIA cases.”
In a separate Judicial Watch lawsuit, U.S. District Court Judge Emmett Sullivan noted in his May 4, 2016, order that “based on information learned during discovery, the deposition of Mrs. Clinton may be necessary.” Judge Sullivan’s order also authorized that Judicial Watch can take the testimony of Cheryl Mills, Huma Abedin, Bryan Pagliano, Patrick Kennedy and other State Department witnesses.
“Mrs. Clinton’s testimony will help the courts determine whether her email practices thwarted the Freedom of Information Act,” said Tom Fitton, Judicial Watch president.
For full case history on the Benghazi talking points lawsuit, click here.
MAY 17, 2016 AT 11:45 AM
First Witness to Testify Wednesday
(Washington, DC) – Judicial Watch announced today that it has scheduled the depositions of former Secretary of State Hillary Clinton’s top aides Cheryl Mills and Huma Abedin, as well as top State Department official Patrick Kennedy, and former State IT employee Bryan Pagliano regarding the creation and operation of Clinton’s non-government email system. The first witness, Lewis A. Lukens, will be deposed on Wednesday, May 18.
U.S. District Court Judge Emmet G. Sullivan granted “discovery” to Judicial Watch into former Secretary of State Hillary Clinton’s email system. The court noted that “based on information learned during discovery, the deposition of Mrs. Clinton may be necessary.” The discovery arises in a Judicial Watch Freedom of Information Act (FOIA) lawsuit that seeks records about the controversial employment status of Huma Abedin, former Deputy Chief of Staff to Clinton. The lawsuit, which seeks records regarding the authorization for Abedin to engage in outside employment while employed by the Department of State, was reopened because of revelations about the clintonemail.com system (Judicial Watch v. U.S. Department of State (No. 1:13-cv-01363)).
The Clinton email witnesses are scheduled to be deposed by Judicial Watch attorneys for as long as seven hours:
May 18 – Lewis A. Lukens, deputy assistant secretary of state and executive director of the State Department’s Executive Secretariat from 2008 to 2011, who emailed with Patrick Kennedy and Cheryl Mills about setting up a computer for Clinton to check her clintonemail.com email account.
May 27 – Cheryl D. Mills, Clinton’s chief of staff throughout her four years as secretary of state.
June 3 – Stephen D. Mull, executive secretary of the State Department from June 2009 to October 2012, who suggested that Clinton be issued a State Department BlackBerry, which would protect her identity and would also be subject to FOIA requests.
June 6 – Bryan Pagliano, State Department Schedule C employee who has been reported to have serviced and maintained the server that hosted the “clintonemail.com” system during Clinton’s tenure as secretary of state.
June 8 – 30(b)(6) deposition(s) of the State Department regarding the processing of FOIA requests, including Judicial Watch’s FOIA request, for emails of Clinton and Abedin both during Clinton’s tenure as secretary of state and after.
June 28 – Huma Abedin, Clinton’s deputy chief of staff and a senior advisor to Clinton throughout her four years as secretary of state and also had an email account on clintonemail.com.
June 29 – Patrick F. Kennedy, undersecretary for management since 2007 and the secretary of state’s principal advisor on management issues, including technology and information services.
In a separate FOIA lawsuit concerning Hillary Clinton and the Benghazi terrorist attack, U.S. District Court Judge Royce Lamberth ruled Judicial Watch can conduct discovery into the email practices of Clinton and her top aides. Judge Lamberth ordered Judicial Watch to follow up with his court once Judge Sullivan issued his discovery order:
When Judge Sullivan issues a discovery order, the plaintiff shall — within ten days thereafter–file its specific proposed order detailing what additional proposed discovery, tailored to this case, it seeks to have this Court order. Defendant shall respond ten days after plaintiff’s submission.
Judicial Watch filed its discovery plan yesterday with Judge Lamberth.
“This court-order testimony could finally reveal new truths about how Hillary Clinton and the Obama State Department subverted the Freedom of the Information Act,” stated Judicial Watch president Tom Fitton.
For full case history on the Abedin employment lawsuit, click here.