{"id":61702,"date":"2016-12-29T17:40:08","date_gmt":"2016-12-29T21:40:08","guid":{"rendered":"https:\/\/stateofthenation2012.com\/?p=61702"},"modified":"2016-12-29T17:40:08","modified_gmt":"2016-12-29T21:40:08","slug":"bombshell-court-rules-trump-required-by-law-to-pursue-clinton","status":"publish","type":"post","link":"https:\/\/stateofthenation2012.com\/?p=61702","title":{"rendered":"Bombshell: Court Rules Trump \u2018Required By Law\u2019 To Pursue Clinton"},"content":{"rendered":"

by Baxter Dmitry
\n<\/a>YourNewsWire.com<\/span><\/p>\n

<\/a><\/p>\n

A federal appeals court has ruled that Donald Trump\u2019s U.S. attorney general, which will be Sen. Jeff Sessions, R-Ala., will be required by law to intervene in the case of Hillary Clinton\u2019s use of an unsecured, private computer server in her home for classified information.<\/strong><\/p>\n

The decision from the U.S. Court of Appeals for the District of Columbia<\/a>\u00a0states clearly that\u00a0the law requires it,\u00a0rejecting the Obama State Department\u2019s excuses for failing to ask the attorney general, as the law requires, to pursue the recovery of the Clinton emails.<\/p>\n

The conclusion came in a lawsuit brought by Judicial Watc<\/a>h, operating with the slogan \u201cnobody is above the law\u201d, that is seeking to retrieve Clinton emails that were not released to the public.<\/p>\n

Judicial Watch President Tom Fitton said the courts \u201cseem to be fed up with the Obama administration\u2019s refusal to enforce the rule of law on the Clinton emails<\/i>.\u201d<\/p>\n

\u201cToday\u2019s appeals court ruling rejects the Obama State Department\u2019s excuses justifying its failure to ask the attorney general, as the law requires, to pursue the recovery of the Clinton emails<\/i>,\u201d he said. \u201cThis ruling means that the Trump Justice Department 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<\/i>.\u201d<\/p>\n

WND\u00a0reports<\/a>:<\/p>\n

A lower court had said the dispute was moot, even though the current secretary of state, John Kerry, failed to comply with the Federal Records Act in trying to recover the Clinton emails.<\/p>\n

Judicial Watch explained that according to the law, \u201cIf an agency head becomes aware of \u2018any actual, impending, or threatened unlawful removal \u2026 or destruction of records,\u2019 he or she \u2018shall notify the Archivist \u2026 and with the assistance of the Archivist shall initiate action through the attorney general for the recovery of records.<\/i>\u2018\u201d<\/p>\n

The appeals court ruled: \u201cAppellants sought the only relief provided by the Federal Records Act \u2013 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 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 \u2013 e.g., by following the statutory mandate to seek action by the attorney general \u2013 might not bear more still. It is therefore abundantly clear that, in terms of assuring government recovery of emails, appellants have not \u2018been given everything [they] asked for.\u2019 Absent a showing that the requested enforcement action could not shake loose a few more emails, the case is not moot<\/i>.\u201d<\/p>\n

Judicial Watch brought the case in May 2015 when the State Department refused to take action after Kerry was notified of the \u201cunlawful<\/i>\u201d removal of the Clinton emails.<\/p>\n

The appeals court decision reverses a lower court\u2019s decision to dismiss the case and sends it back for further work.<\/p>\n

The Daily Caller pointed out <\/a>that the decision is \u201coffering President-elect Donald Trump an opportunity to intervene in the controversial case.<\/i>\u201d<\/p>\n

\u201cThe court provides a new opening to Trump and his attorney general designate, Alabama Republican Sen. Jeff Sessions. A congressional vote confirming Sessions could occur as early as Jan. 10, but Senate Democrats indicated they will put up a stiff fight to defeat the nomination.\u201d<\/p>\n

Kerry had simply refused to refer the case to the attorney general \u201cas federal law requires,\u201d the report said.<\/p>\n

\u201cInstead, he allowed State Department officials to pick and choose which emails could be withheld and released to the public<\/i>.\u201d<\/p>\n

After suggesting during the presidential debates that Clinton would end up in jail over her behavior, Trump stated that prosecuting her for the email scandal was not a priority.<\/p>\n

However, he didn\u2019t rule out legal steps that would be recommended by the Department of Justice.<\/p>\n

The three judges on the appeals court panel were Robert Wilkens, Stephen Williams and Brett Kavanaugh.<\/p>\n

It was also reported only weeks ago that Judicial Watch was asking a court to rule that the State Department should release a number of emails it specifically has withheld because they pertain to government \u201cmisconduct.\u201d<\/p>\n

There are about 30 known emails being withheld for various reasons, including \u201cdeliberative process\u201d and \u201cwork product,\u201d which are exemptions to requirements that public records be available.<\/p>\n

Judicial Watch argues the emails should be released because \u201cClinton\u2019s email practices at the State Department constitute misconduct.\u201d<\/p>\n

The original FBI investigation into Clinton\u2019s email scandal concluded in July without charges, even though FBI chief James Comey said Clinton had been \u201cextremely careless,\u201d sending national security information through an unsecured private email server.<\/p>\n

A little more than one week before the election, emails were found on a laptop computer to which both Hillary Clinton aide Huma Abedin and her estranged husband, former Rep. Anthony Weiner, who was being investigated in a sexting case, had access.<\/p>\n

Comey informed Republican members of Congress he needed to time review the new information, but two days before Election Day he announced the conclusion he reached in July had not changed.<\/p>\n

___
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