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Judge says Hillary Clinton's private emails violated policy, orders State to review Clinton's server for responsive records
Posted by: Judge Emmet Sullivan ()
Date: August 20, 2015 05:45PM

Judge says Hillary Clinton's private emails violated policy

By JOSH GERSTEIN 8/20/15 3:17 PM EDT Updated 8/20/15 5:29 PM EDT

A federal judge indicated Thursday that he believes Hillary Clinton violated government policy by storing official emails on a private server when she worked as secretary of state.

During a hearing on a Freedom of Information Act case, U.S. District Judge Emmet Sullivan said the actions had complicated the State Department’s ability to respond to requests for the agency’s records on various topics.

“We wouldn’t be here today if this employee had followed government policy,” Sullivan said, apparently referring to Clinton.

After Justice Department lawyer Peter Wechsler argued that FOIA normally doesn’t allow for searches of government officials’ private accounts, the judge said he viewed it as an unusual situation because “there was a violation of government policy.”

“We’re not talking about a search of anyone’s random email,” Sullivan added.

The judge expressed irritation Wednesday when Wechsler — a Justice Department attorney — said he did not know whether the FBI, a Justice Department agency — was actually in possession of Clinton’s server or thumb drives on which her attorney stored copies of her emails.

Sullivan ordered the State Department to contact the FBI to see if any records responsive to the FOIA lawsuit may exist on the server or thumb drives.

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