[Ed. – Keep in mind that DOJ, which ought to be spearheading the Hillary probe, has been hands-off in terms of activating a prosecutor and making requests to judges. What the public vaguely imagines to be going on, and what’s actually going on, are two different things. The FBI is out on a limb investigating, and it’s actually Judicial Watch and its FOIA requests that have uncovered much of what we know about the emails. It really is incredible.]
A federal judge on Tuesday ruled that top Hillary Clinton staff should be questioned under oath about her use of a private email — another potential setback to the Democratic frontrunner’s effort to leave the email controversy behind.
U.S. District Court Judge Emmet Sullivan granted a motion for discovery filed by Judicial Watch, which sued the State Department for Clinton-related documents and is now arguing there is “reasonable suspicion” that Clinton or State staff tried to thwart the Freedom of Information Act. That law requires all work emails to be archived in a government systems for public view.
Discovery in FOIA cases is relatively rare and presents political risk for Clinton: While the group has not yet called for Clinton to answer question personally, it said it may in the future as part of discovery. The process will likely entail attorneys asking questions of her top staff via deposition or written Q&A about why Clinton used a private email server in the first place and how they eventually determined what was an “official” record to be preserved.