State Department provided ‘clearly false’ statements to derail requests for Clinton docs, ‘shocked’ federal judge says

In a combative exchange at a hearing Friday in Washington, D.C., a federal judge unabashedly accused career State Department officials of lying and signing “clearly false” affidavits to derail a series of lawsuits seeking information about former Secretary of State Hillary Clinton’s private email server and her handling of the 2012 terrorist attack on the U.S. Consulate in Benghazi, Libya.

U.S. District Court Judge Royce Lamberth said he was “shocked” and “dumbfounded” when he learned that FBI had granted immunity to former Clinton chief of staff Cheryl Millsduring its investigation into the use of Clinton’s server, according to a court transcript of his remarks.

“I had myself found that Cheryl Mills had committed perjury and lied under oath in a published opinion I had issued in a Judicial Watch case where I found her unworthy of belief, and I was quite shocked to find out she had been given immunity in — by the Justice Department in the Hillary Clinton email case,” Lamberth said during Friday’s hearing.

The Department of Justice’s Inspector General (IG), Michael Horowitz, noted in a bombshell report in June that it was “inconsistent with typical investigative strategy” for the FBI to allow Mills to sit in during the agency’s interview of Clinton during the email probe, given that classified information traveled through Mills’ personal email account. “[T]here are serious potential ramifications when one witness attends another witness’ interview,” the IG wrote.

SEVEN HIGHLIGHTS FROM THE DOJ WATCHDOG’S REPORT INTO FBI, DOJ CONDUCT DURING CLINTON PROBE

On Friday, Lamberth, who was appointed to the bench by President Ronald Reagan, said he did not know Mills had been granted immunity until he “read the IG report and learned that and that she had accompanied [Clinton] to her interview.”

“I was actually dumbfounded when I found out … that Cheryl Mills had been given immunity.”

— U.S. District Court Judge Royce Lamberth

The transparency group Judicial Watch initially sued the State Department in 2014, seeking information about the response to the Benghazi attack after the government didn’t respond to a Freedom of Information Act (FOIA) request. Other parallel lawsuits by Judicial Watch are probing issues like Clinton’s server, whose existence was revealed during the course of the litigation.

The State Department had immediately moved to dismiss Judicial Watch’s first lawsuit on a motion for summary judgment, saying in an affidavit that it had conducted a search of all potentially relevant emails in its possession and provided them. The affidavit noted that some more documents and emails could be forthcoming.

But Lamberth denied the request to dismiss the lawsuit at the time — and on Friday, he said he was happy he did, charging that State Department officials had intentionally misled him because other key documents, including those on Clinton’s email server, had not in fact been produced.

“It was clear to me that at the time that I ruled initially, that false statements were made to me by career State Department officials, and it became more clear through discovery that the information that I was provided was clearly false regarding the adequacy of the search and this – what we now know turned out to be the Secretary’s email system,” Lamberth said Friday.

He continued: “I don’t know the details of what kind of IG inquiry there was into why these career officials at the State Department would have filed false affidavits with me. I don’t know the details of why the Justice Department lawyers did not know false affidavits were being filed with me, but I was very relieved that I did not accept them and that I allowed limited discovery into what had happened.”

During a tense exchange with Justice Department lawyer Robert Prince, Lamberth pressed the issue, accusing Prince of using “doublespeak” and “playing the same word games [Clinton] played.”

That “was not true,” the judge said, referring to the State Department’s assurances in a sworn declaration that it had searched all relevant documents. “It was a lie.”

But Prince pushed back sharply, saying he took the judge’s accusations “extremely seriously.”

“It might be that our search could be found to be inadequate, but that declaration was absolutely true,” he said.

“Now, it’s been made clear in rulings by various courts that, basically, the courts are going to expect us to search items that come in afterward in this instance, and that’s understandable, but at the time, that was not at all clear, you know?” Prince continued. “I understand if Your Honor thinks that the searches that were done up to the motion for summary judgment were inadequate, but being wrong about the search being adequate does not make it a false affidavit.”

Lamberth ultimately conceded that he had “misremembered” some details on the issue.

Read More
%d bloggers like this: