Federal Appeals Court Reinstates Hillary Email Lawsuits

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Just because the election is over doesn’t mean the lawsuits are going away.

A federal appeals court has ordered the lawsuits forcing the government to recover and reveal Hillary Clinton’s missing email to go on, reversing a lower court’s dismissal.

After they determined that Secretary of State John Kerry was not taking “all lawful measures” required to recover Clinton’s emails, Judicial watch and a group called “Cause of Action” brought separate lawsuits trying to force Attorney General Loretta Lynch to launch her own investigation.

Those suits were tossed out by a judge for the District of Columbia, but last week, a three-judge appeals court reversed the order, calling on the lower court to re-start proceedings of the lawsuit, Breitbart reports.

“The Federal Records Act governs the creation, management and disposal of federal records,” Senior Judge Stephen Williams wrote for the court, quoting a previous case. “Due to the importance of maintaining federal records (which are generally accessible to the public through the Freedom of Information Act), the act strictly limits the circumstances under which records can be removed from fed When a Cabinet officer becomes aware that the removal or destruction of federal records has happened or is imminent, he must notify the head of the National Archives, and then “initiate action through the Attorney General” to recover those records. Despite the Federal Records Act’s clear and unambiguous language, Kerry never did so.

The Federal Records Act compels cabinet secretaries and the archivist to pursue claims of destroyed or missing records, and does not provide any “discretion” to do so. Another law, the Administrative Procedure Act, allows a person to sue over non-performance of a federal agency action that was required. That is how the lawsuit by Judicial Watch and Cause of Action came to fruition.

“In terms of assuring government recovery of emails, appellants have not been given everything they asked for,” the court concluded. “Absent a showing that the requested enforcement action could not shake loose a few more emails, the case is not moot.”

Hence, Hillary Clinton’s email issues are not over yet.



Robert Gehl

About Robert Gehl

Robert Gehl is a college professor in Phoenix, Arizona. He has over 15 years journalism experience, including two Associated Press awards. He lives in Glendale with his wife and two young children.

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