The Departments of State and Justice will not investigate themselves we now know, and of course we can’t expect any more efforts in the House of Representatives to get to the bottom of Hillary Clinton’s fraudulent behavior in high office.

But Judicial Watch and some courts won’t be intimidated from asking tough questions.

Judicial Watch has submitted a court-ordered discovery plan for the depositions of several top former government officials involved in the Clinton email scandal, including Obama administration senior officials Susan Rice, Ben Rhodes, Jacob Sullivan, and FBI official E.W. Priestap.

In it we say that Judicial Watch intends “to update the Court regarding the depositions of Hillary Clinton and Cheryl Mills at the conclusion of the 16-week discovery period, unless the Court believes such notice is not necessary.”

The plan for discovery is the latest development in the July 2014 FOIA lawsuit Judicial Watch filed after the U.S. Department of State failed to respond to our May 13, 2014 FOIA request (Judicial Watch v. U.S. Department of State (No. 1:14-cv-01242)). We were seeking:

This lawsuit led directly to the disclosure of the Clinton email system in 2015.

Judicial Watch’s discovery plan is a response to a December 6, 2018, ruling by Judge Royce C. Lamberth ordering the State Department and Department of Justice to join them in submitting discovery in three distinct areas:

A. Whether Secretary Clinton’s use of a private email server was intended to stymie FOIA; B. Whether the State Department’s intent to settle the case in late 2014 and early 2015 amounted to bad faith; C. Whether the State Department has adequately searched for records responsive to our request.

In his ruling, Lamberth called Clinton’s use of the private email server “one of the gravest modern offenses to government transparency.”
Judicial Watch is seeking the depositions of former U.N. Ambassador Susan Rice and former White House Deputy Strategic Communications Adviser Ben Rhodes about the creation and dissemination of the infamous Benghazi talking points because: “No one other than these individuals know better who they were communicating with and where records might be located.”

They also argue for “direct, unfiltered access to [additional] key witnesses with firsthand knowledge and the opportunity to ask follow-up questions” about the illicit Clinton email system. In its pursuit of answers as to whether former Secretary Clinton’s use of a private email server was intended to stymie FOIA, Judicial Watch wants to conduct the following depositions:

Judicial Watch argue that, “as the Court has already recognized, understanding the context of the preparation and dissemination of the [Benghazi] talking points is central” to the Clinton email scandal. For instance, did the State Department know that Clinton “deemed the Benghazi attack terrorism hours after it happened, contradicting the Obama Administration’s subsequent claim of a protest-gone-awry?” Was the State Department aware that “Clinton sent or received top-secret information through her private email?”

Incredibly, Justice Department attorneys admit in a filing opposing Judicial Watch’s limited discovery that “Counsel for State contacted the counsel of some third parties that Plaintiff originally included in its draft discovery proposal to obtain their client’s position on being deposed.” This collusion occurred despite criticism from the Court that the DOJ engaged in “chicanery” to cover up misconduct and that career employees in the State and Justice Departments may have “colluded to scuttle public scrutiny of Clinton, skirt FOIA, and hoodwink this Court.”

Judicial Watch countered that “[t]he government’s proposal, which is really nothing more than an opposition to [Judicial Watch’s] plan, demonstrates that it continues to reject any impropriety on its part and that it seeks to block any meaningful inquiry into its ‘outrageous misconduct.’”

President Trump, frankly, should demand to know why his State and Justice Departments are colluding with Clinton allies and trying to protect Hillary Clinton and themselves from court-ordered questions on the Clinton email scandal. But a federal court wants answers – and their discovery plan is a key step to uncovering whether and how Hillary Clinton email misconduct stymied the Freedom of Information Act.