(Washington, DC) – Judicial Watch today announced that U.S. District Judge Amy Berman Jackson has ordered the U.S. Department of State to turn over to Judicial Watch “eight identical paragraphs” of previously redact material in two September 13, 2012, Hillary Clinton emails regarding phone calls made by President Barack Obama to Egyptian and Libyan leaders immediately following the terrorist attack on the U.S. mission in Benghazi. Both emails had the subject line “Quick Summary of POTUS Calls to Presidents of Libya and Egypt” and were among the emails stored on Clinton’s unofficial email server. Judge Jackson reviewed the documents directly and rejected the government’s contention that the records had been properly withheld under the FOIA B(5) “deliberative process” exemption.
Judge Jackson ruled: “the two records, even if just barely predecisional, are not deliberative. [The State Department] has pointed to very little to support its characterization of these two records as deliberative, and the Court’s in camera review of the documents reveals that they do not fall within that category.”
The full emails may reveal what former Secretary of State Hillary Clinton and President Obama knew about the September 11, 2012, terror attack on the U.S. mission in Benghazi.
Following Judge Jackson’s March 20 ruling, the State Department asked the court to reconsider. The State Department argued that, due to an internal “mistake,” it failed to claim that the emails were classified and, therefore, exempt from production under FOIA Exemption B(1).
In response, Judicial Watch argues that the failure was not a mistake, but instead was part of a deliberate effort by the State Department to protect Clinton and the agency by avoiding identifying emails on Clinton’s unofficial, non-secure email server as classified.
“Does President Trump know his State and Justice Departments are still trying to provide cover for Hillary Clinton and Barack Obama?” said Judicial Watch President Tom Fitton. “An extraordinary court ruling that could result in key answers about the Benghazi outrage is being opposed by the Trump administration. This may well be an example of the ‘deep state’ trying to get away with a cover up – if so then the Trump administration must put a stop to it.”
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