2016 Postmortem

portlander23

(2,078 posts) Fri Oct 9, 2015, 08:32 AM Oct 2015

Politico: Court Says Clinton Private Server Defeats FOIA

Politico: Judge says he can't order Clinton on emails

The legal campaign to pressure Hillary Clinton over her use of a private server as secretary of state suffered a setback Wednesday as a federal judge declared that he did not believe he had the authority to order an independent review of tens of thousands of emails Clinton’s attorneys determined were personal.

“I would order the State Department make the request of her to produce specifically any State Department-related information in her emails,” Walton said. “I can’t in my view order that the State Department do any more than that.”

At a couple points during the hearing, the judge suggested that if Clinton created emails on her server while she was on government property, the records might be considered official. However, he later focused on whether Clinton used government equipment to create the messages.

“I think it would be prudent for the State Department to request of Mrs. Clinton that any information that is business-related be provided to the State Department. I don’t think I can order her to do it,” the judge said.

“It’s unfortunate that this occurred,” the judge said. “I’ve got to deal with the circumstances as they exist.”

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Politico: Court Says Clinton Private Server Defeats FOIA (Original Post) portlander23 Oct 2015 OP

What Judge Walton is saying is that he can't order the records produced for FOIA. A subpoena leveymg Oct 2015 #1

Actually, I think this makes it look even worse on her part. Erich Bloodaxe BSN Oct 2015 #2

Certainly makes more sense than her can't carry 2 phones defense. leveymg Oct 2015 #3

Not really. Adrahil Oct 2015 #4

Eh, the problem here Erich Bloodaxe BSN Oct 2015 #6

What? No thumb drives, dancing girls, or mysterious boxes in her garage? Tierra_y_Libertad Oct 2015 #5

leveymg

(36,418 posts)

1. What Judge Walton is saying is that he can't order the records produced for FOIA. A subpoena

Reply to portlander23 (Original post)

Fri Oct 9, 2015, 08:40 AM

Oct 2015

from a government agency or committee falls under a different set of standards and precedents. If defeating FOIA was her purpose, she got away with it, under this ruling. The Judge did not say what her purpose was.

Altogether, a pyrrhic victory for Clinton's lawyers.

Erich Bloodaxe BSN

(14,733 posts)

2. Actually, I think this makes it look even worse on her part.

Reply to leveymg (Reply #1)

Fri Oct 9, 2015, 09:52 AM

Oct 2015

Since it shows that her use of a 'personal server' defeats FOIA, and that that may very well have been the reason for such a server. It certainly makes a much better reason than her simply feeling no need to actually fix the actual State Department server in the years she was in charge.

leveymg

(36,418 posts)

3. Certainly makes more sense than her can't carry 2 phones defense.

Reply to Erich Bloodaxe BSN (Reply #2)

Fri Oct 9, 2015, 08:29 PM

Oct 2015

Remember that one from the UN press gallery and how weak the initial skepticism by the MSM was to that one? We've come a long way, actually.

Adrahil

(13,340 posts)

4. Not really.

Reply to Erich Bloodaxe BSN (Reply #2)

Fri Oct 9, 2015, 08:55 PM

Oct 2015

The ruling was that FOIA cannot be used to demand public release of PERSONAL emails. Guess what? I did government work, and the the government cannot insist that I turn in personal emails on my own computer for a FOIA request.

Erich Bloodaxe BSN

(14,733 posts)

6. Eh, the problem here

Reply to Adrahil (Reply #4)

Sat Oct 10, 2015, 07:33 AM

Oct 2015

is 'who decides what's personal'. Nobody important really wants her truly personal emails. Who gives a crap what TV shows she likes to watch? But unless you get to see them all, you don't know which ones are personal and which are work related. And if she gets to tell you which is which, she's free to label 'personal' anything that would be a political negative.

Tierra_y_Libertad

(50,414 posts)

5. What? No thumb drives, dancing girls, or mysterious boxes in her garage?

Reply to portlander23 (Original post)

Fri Oct 9, 2015, 09:03 PM

Oct 2015

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