Federal court clears path for Trump AG to pursue Hillary email case

CourtroomA federal appeals court in the nation’s capital has cleared the way for future President Donald Trump’s U.S. Attorney General Jeff Sessions, if confirmed, to once again open a criminal investigation of Hillary Clinton’s admitted use of an unsecured, private Internet server and email system in her New York State home which she had used for classified information as shown by the FBI.  This ruling reverses a lower court decision that had dismissed the case.

The ruling by the U.S. Court of Appeals for the District of Columbia went as far as saying the law requires a Department of Justice investigation. The ruling was the result of a watchdog group’s lawsuit that is seeking to retrieve emails that were still held back by the Secretary of State John Kerry and State Department officials.

The watchdog group, Judicial Watch, released a statement from its President Tom Fitton regarding the ruling by the U.S. Court of Appeals in a case that now requires outgoing Secretary of State John Kerry to seek the help of the attorney general in recovering more of Hillary Clinton emails.

According to Mr. Fitton, “The courts seem to be fed up with the Obama administration’s refusal to enforce the rule of law on the Clinton emails. [This] appeals court ruling rejects the Obama State Department’s excuses justifying its failure to ask [Attorney General Loretta Lynch], as the law requires, to pursue the recovery of the Clinton emails.”

President-elect Donald Trump has selected GOP Sen. Jeff Sessions as the nation's next Attorney General.
President-elect Donald Trump has selected GOP Sen. Jeff Sessions as the nation’s next Attorney General.

Should the current officials in the Obama administration fail to perform their court-mandated duties, this ruling puts the ball in the Trump Justice Department’s court. Trump and Sessions “will have to decide if it wants to finally enforce the rule of law and try to retrieve all the emails Clinton and her aides unlawfully took with them when they left the State Department,” Fitton noted.

Judicial Watch’s press statement declared: The appellate ruling reverses a decision in which the District Court declared “moot” a Judicial Watch’s lawsuit challenging the failure of Secretary of State John Kerry to comply with the Federal Records Act (FRA) in seeking to recover the emails of former Secretary of State Hillary Clinton and other high level State Department officials who used non-“state.gov” email accounts to conduct official business. According to the FRA, if an agency head becomes aware of “any actual, impending, or threatened unlawful removal . . . or destruction of [agency] records,” he or she “shall notify the Archivist . . . and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of [those] records.”

An appellate court ruled:  Appellants [Judicial Watch] sought the only relief provided by the Federal Records Act—an enforcement action through the Attorney General. But nothing the Department did (either before or after those complaints were filed) gave appellants what they wanted. Instead of proceeding through the Attorney General, the Department asked the former Secretary [Hillary Clinton] to return her emails voluntarily and similarly requested that the FBI share any records it obtained.  Even though those efforts bore some fruit, the Department has not explained why shaking the tree harder—e.g., by following the statutory mandate to seek action by the Attorney General—might not bear more still. It is therefore abundantly clear that, in terms of assuring government recovery of emails, appellants have not “been given everything [they] asked for.”  Absent a showing that the requested enforcement action could not shake loose a few more emails, the case is not moot.

“Secretary Kerry is in cover-up mode for Hillary Clinton. While John Kerry may have replaced Hillary Clinton at the State Department, he has proven that when it comes to complying with federal records and disclosure laws, he and Clinton are cut from the same corrupted cloth,” stated Tom Fitton, Judicial Watch president, as a result of the lower court decision in May 2015.  “Secretary Kerry is in a position to provide the transparency and accountability his predecessor so casually dismissed. However, those in the Obama administration will do whatever they can, including ignoring the law, to protect Clinton, her ‘legacy’ and her presidential prospects. What a sad state of affairs it is when we must petition the courts to remind our leaders what the law is and that they are obligated to follow it.”

Jim-Kouri

Jim Kouri, CPP, is founder and CEO of Kouri Associates, a homeland security, public safety and political consulting firm. He's formerly Fifth Vice-President, now a Board Member of the National Association of Chiefs of Police, a columnist, and a contributor to the nationally syndicated talk-radio program, the Chuck Wilder Show.. He's former chief of police at a New York City housing project in Washington Heights nicknamed "Crack City" by reporters covering the drug war in the 1980s. In addition, he served as director of public safety at St. Peter's University and director of security for several major organizations. He's also served on the National Drug Task Force and trained police and security officers throughout the country.

4 thoughts on “Federal court clears path for Trump AG to pursue Hillary email case

  • December 30, 2016 at 11:30 pm
    Permalink

    TREASON:
    So here’s the REAL story. Amb. Stevens was sent to Benghazi post haste in order to retrieve US made Stinger missiles supplied to Ansar al Sharia without Congressional oversight or permission. Hillary brokered the deal through Stevens and a private arms dealer named Marc Turi. Then some of the shoulder fired missiles ended up in Afghanistan used against our own military. It was July 25th, 2012 when a Chinook helicopter was taken down by one of our own Stingers, but the idiot Taliban didn’t arm the missile and the Chinook didn’t explode, but had to land anyway. An ordnance team recovered the serial number off the missile which led back to a cache of Stingers being kept in Qatar by the CIA. Obama and Hillary were now in full panic mode and Stevens was sent in to retrieve the rest of the Stingers. This was a “do-or-die” mission, which explains the stand down orders given to multiple commando teams. It was the State Dept, not the CIA that supplied them to our sworn enemies, because Petraeus wouldn’t supply these deadly weapons due to their potential use on commercial aircraft. Then, Obama threw Gen. Petraeus under the bus after he refused to testify that he OK’d the BS talking points about a spontaneous uprising due to a Youtube video. Obama and Hillary committed treason…and THIS is what the investigation is all about, why she had a private server, (in order to delete the digital evidence), and why Obama, two weeks after the attack, told the UN that the attack was because of a Youtube video, even though everyone knew it was not. Further…the Taliban knew that this administration aided and abetted the enemy without Congressional approval when Boehner created the Select Cmte, and the Taliban began pushing the Obama Administration for the release of 5 Taliban Generals. Bowe Bergdahl was just a pawn…everyone KNEW he was a traitor. So we have a traitor as POTUS that is not only corrupt, but compromised…and a woman that is a serial liar, perjured herself multiple times at the Hearing whom is running for POTUS. Only the Dems, with their hands out, palms up, will support her. Perhaps this is why no military aircraft was called in…because the administration knew our enemies had Stingers.
    Please copy & paste this so everyone knows the Truth.

    Reply
  • December 31, 2016 at 1:29 am
    Permalink

    TREASON:
    So here’s the REAL story. Amb. Stevens was sent to Benghazi post haste in order to retrieve US made Stinger missiles supplied to Ansar al Sharia without Congressional oversight or permission. Hillary brokered the deal through Stevens and a private arms dealer named Marc Turi. Then some of the shoulder fired missiles ended up in Afghanistan used against our own military. It was July 25th, 2012 when a Chinook helicopter was taken down by one of our own Stingers, but the idiot Taliban didn’t arm the missile and the Chinook didn’t explode, but had to land anyway. An ordnance team recovered the serial number off the missile which led back to a cache of Stingers being kept in Qatar by the CIA. Obama and Hillary were now in full panic mode and Stevens was sent in to retrieve the rest of the Stingers. This was a “do-or-die” mission, which explains the stand down orders given to multiple commando teams. It was the State Dept, not the CIA that supplied them to our sworn enemies, because Petraeus wouldn’t supply these deadly weapons due to their potential use on commercial aircraft. Then, Obama threw Gen. Petraeus under the bus after he refused to testify that he OK’d the BS talking points about a spontaneous uprising due to a Youtube video. Obama and Hillary committed treason…and THIS is what the investigation is all about, why she had a private server, (in order to delete the digital evidence), and why Obama, two weeks after the attack, told the UN that the attack was because of a Youtube video, even though everyone knew it was not. Further…the Taliban knew that this administration aided and abetted the enemy without Congressional approval when Boehner created the Select Cmte, and the Taliban began pushing the Obama Administration for the release of 5 Taliban Generals. Bowe Bergdahl was just a pawn…everyone KNEW he was a traitor. So we have a traitor as POTUS that is not only corrupt, but compromised…and a woman that is a serial liar, perjured herself multiple times at the Hearing whom is running for POTUS. Only the Dems, with their hands out, palms up, will support her. Perhaps this is why no military aircraft was called in…because the administration knew our enemies had Stingers.
    Please copy & paste this so everyone knows the Truth.

    Reply
  • December 31, 2016 at 10:06 pm
    Permalink

    Now we get the part omitted by duh media!

    Reply

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