A Next Move for Judicial Watch with Clinton, Herself?

Time is quickly running out, but those of you who have followed my posts saw me speculate that JW may be likely to push back on the answers they received in the interrogatories from the Clinton attorneys (I don't for a minute believe Clinton put pen to paper other than to sign the thing) and from their deposition with John Bentel where the ONLY answer he gave to ANYTHING was that he wasn't saying squat. In the Clinton interrogatories, she claimed she didn't recall 20 times and refused to answer questions based on rules her team set as parameters (including no discussion of cyber security and no mention of anything which transpired after she left office, leaving out of bounds the State Department request to have her emails turned over to them).

Yesterday, we saw that Judicial Watch filled a Motion To Compel Bental to answer at least some of the questions.

Today, they've posted in their Press Room web page a link to an article from Circa indicating that a leaked email shows Clinton lied not in the interrogatories but when she made a statement in August 2015 about what she had turned over to the State Department (so, I was correct about Bentel, and off about the Clinton prediction...)

At this point, Judicial Watch will not be able to call for an in-person deposition ahead of Election Day, but, it does appear that JW may have grounds to keep the issue alive after voting is complete:

A leaked email raises questions about Hillary Clinton’s veracity in sworn court document

On the same day Hillary Clinton swore to a judge that she believed all of her State Department emails had been turned over in a federal lawsuit, her private attorney wrote to the presidential candidate's inner circle acknowledging the possible existence of additional messages that had not yet been produced, according to a leaked email message.

The Aug. 8, 2015 late-night email message from attorney David Kendall could have implications in a federal open records lawsuit that is still pending.

snip

The Kendall email was written just hours after Clinton sought to convince a federal judge in a carefully worded sworn declaration that the thousands of State Department-related emails she turned over in late 2014 from her personal email account covering the period March 18, 2009 through Feb. 1, 2013 were all she could produce to the court overseeing a FOIA case brought by the conservative group Judicial Watch.

Here is the statement Clinton made on 8/8/15 (pdf 2 pages):

Declaration

The date used in the Circa piece doesn't quite match this one, but this is the text they use (they have a space for a link to a Wikileaks email, but someone forgot to insert the link, it appears), so I believe this is the email they rely upon:

From:DKendall@wc.com
To: hsamuelson@cdmillsgroup.com, jpalmieri@hillaryclinton.com, cheryl.mills@gmail.com, bfallon@hillaryclinton.com, ha16@hillaryclinton.com, KTurner@wc.com more
Date: 2015-08-09 00:24
Subject: Re: Updated Website Factsheet

Two things:

1) As to the server turn over, I think we decided to say something like "the server that was used during her tenure as Secretary of State."

2) I would prefer not to use the "March 18, 2009" date, because we know there were other emails using the her clintonemail.com address prior to that date. Could we make this more vague, like "early in her term as SOS"? Or would this change provide a "gotcha" target--if so, not worth it, since this is the date of the earliest email in the PST of her emails, as I understand it.

(Kendall is responding to an email from Heather Samuelson who has been spinning a tale of how new revelations about the emails are not inconsistent with previous statements from the Clinton camp - for those interested in digging, there are a flurry of emails on this subject over several days.)

So, again from Circa, here's where it gets tricky for the Clinton camp:

the FBI reported in June that Clinton and her legal team never turned over any emails prior to March 18 2009.

So, she swore to have turned over 'all the emails in my custody" while they are speaking in private about early emails not being produced. Looks like we've got another question about what the definition of 'is' is. Lovely. My Clinton fatigue is getting quite thick. Stay tuned for Judicial Watch's next moves...

The Daily Caller takes this theme in an additional direction:

Clinton Aides: ‘Definitely’ Not Releasing Some HRC Emails

A senior adviser to Democratic nominee Hillary Clinton’s presidential campaign told top aides there were “definitely” emails not being released as part of the 55,000 pages initially handed over to the Department of State.

“If there is a release of the 55K, are there others that are not being released?” Clinton adviser Jim Margolis wrote to top aides on March 4, 2015, to which Clinton’s chief strategist Joel Benenson replied, “Definitely.”

The email chain came two days after The New York Times broke news the House panel investigating Clinton’s handling of Benghazi discovered she was using a personal email server to conduct government business.

Same story as told by Fox News:

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Not Henry Kissinger's picture

Forget the server. It's all about the thumb drive.

On July 24, 2015 Kendal writes:

It goes on to say that its own IC IG review of the 55,000 pages
>determined that at least 4 of these emails should have been classified
> “secret” on account of them containing IC information subject to such
> classification and that a thumb drive containing these emails is presently
> in the possession of David Kendall (that would be me) at Williams & Connolly.

On July 29, 2015 Podesta says Hillary talked to Feinstein about the thumb drive, which means she was aware of its existence:

> [Feinstein] wants to be a surrogate on Benghazi. Senate Intel did a bipartisan report while she was chair finding no wrongdoing. She also talked to IC IG yesterday who repeated no criminal referral but said he was still concerned about classified info on the thumb drive and possibly the server. Diane later talked to HRC and reiterated offer to help

On August 7, 2015, Kendall writes:

) I can see why you might not want to *say* who the turnover
>>>>>> was to, but it seems to me omitting this may be misinterpreted and
>>>>>> certainly will trigger another round of questioning. This may defeat the
>>>>>> whole point of the exercise. The statement could be read to imply we
>>>>>> turned over the thumb drive and server to the State Department—which we
>>>>>> didn’t
(“There they go again—misleading, devious, non-transparent, tricky
>>>>>> etc.”). I would recommend saying “to the Department of Justice.

So they didn't turn over the thumb drive to State but to Justice?
If so, this would appear to implicate the DoJ directly in the suppression of evidence.

It also means that a copy of all of the emails should still be somewhere, either with Kendall and/or at DoJ.

Somebody really needs to ask Lynch a few questions about all of this.

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The current working assumption appears to be that our Shroedinger's Cat system is still alive. But what if we all suspect it's not, and the real problem is we just can't bring ourselves to open the box?

MsGrin's picture

so everyone sees it - that's head-explodingly frustrating stuff!

Hasn't Lynch already started refusing to answer questions?

I'll never be a Trump supporter, but that 'drain the swamp' bit sure is sounding more reasonable every day.

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'What we are left with is an agency mandated to ensure transparency and disclosure that is actually working to keep the public in the dark' - Ann M. Ravel, former FEC member

Alphalop's picture

But those that seek the truth, regardless of motive, are worthy of consideration and at least a modicum of respect.

I may not like their reasons for doing what they do, but I appreciate the pursuit of truth even if it is for disingenuous reasons or goals.

They can get the info, they can use it for their purposes.

But we can use it for ours too.

Just because a well is tainted doesn't mean that it doesn't contain real water, you just gotta filter it first before consuming it.

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"I used to vote Republican & Democrat, I also used to shit my pants. Eventually I got smart enough to stop doing both things." -Me

right v. left oriented.

The "left of the left" doesn't have the numbers it needs to be effective on its own. We are going to have join forces with the right, with Hillbots, with Libertarians, with whomever, issue by issue, goal by goal. If you were in Flint, you wouldn't care if a RWer or a LWer got the water cleaned up. I think that is the way we have to think.

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Alphalop's picture

sides of the "Aisle" the more I realize that we share a remarkable amount of the same goals.

I would estimate around 80% or even more. (Sometimes we agree even on the remaining 20%, but disagree on the scope or level of response required or the form that it should take, but still agree that it is a problem worthy of being addressed.)

This left/right bullshit is just like the black/white bullshit.

A useful tool to keep the peons focused on fighting each other rather than those that really are the actual enemy.

There is a war going on for sure, but it's not a race war, or a political "teams" war, it's a class war.

And we are getting our asses handed to us.

A major offensive on the part of the people is way overdue and the longer we go without a course correction the worse and more devastating the process will be when it comes to a head.

And come to a head it will. Anyone that has studied the history of the collapse of societies and governments cannot help but see massive parallels between our current situation and those of other failed empires.

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"I used to vote Republican & Democrat, I also used to shit my pants. Eventually I got smart enough to stop doing both things." -Me

MsGrin's picture

and have been evaluating things based on what appears to be adequate journalism. Wikileaks has helped considerably since they've provided hard sources for what's been speculated about. The sources I used to consider reliable have been making up crap and passing along propaganda. It's a very disorienting time.

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'What we are left with is an agency mandated to ensure transparency and disclosure that is actually working to keep the public in the dark' - Ann M. Ravel, former FEC member

I saw this email in the send to list:

hsamuelson@cdmillsgroup.com

That was puzzling since Samuelson was supposed to be working for State, I thought. So I tried to go to cdmillsgroup.com and wound up on GoDaddy's domain parking site. So that email is not being used currently.

Those Clintons are such a sneaky bunch. I wonder what was up with that domain name.

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MsGrin's picture

some time ago from another email.

That said, remember the timeline - this exchange is from 2015, years after Clinton stepped down. My chronological conception of Samuelson is nebulous. I believe she worked on the 2008 campaign. She worked for the White House and was a liaison to State, but I can't recall if that was before or after (or both) Clinton's tenure at State. I have not seen any reference to her working for State under Kerry. And I'm pretty sure she's back working for the campaign now (for one thing, they'd want her close by since she's played a somewhat central role). I don't think I've bumped into her working for the Foundation, but I'm not sure she did not get paid by the Bill Clinton after-presidency fund from GSA. I don't know who was paying her while she was printing/culling the State emails.

The earliest reporting on Samuelson I've bumped into was by Rachel Bade at Politico in the early fall of 2015 (I only bumped into that this summer, and it may be from that reporting that I saw the other email address - the only other place which comes to mind for having bumped into it would have been the FBI notes released over the summer).

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'What we are left with is an agency mandated to ensure transparency and disclosure that is actually working to keep the public in the dark' - Ann M. Ravel, former FEC member

ZimInSeattle's picture

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"Those who make peaceful revolution impossible will make violent revolution inevitable." - JFK | "The more I see of the moneyed peoples, the more I understand the guillotine." - G. B. Shaw Bernie/Tulsi 2020

Citizen Of Earth's picture

So yeah. I think it's a strong possibility.

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Donnie The #ShitHole Douchebag. Fake Friend to the Working Class. Real Asshole.

Just need personal membership: http://research.domaintools.com/research/whois-history/search/?q=cdmills...

Registration info was last changed on 5/24/2015
Created on 5/23/2012

List of addresses in cdmillsgroup.com domain in wikileaks releases:
Joanne Laszczych jlaszczych@cdmillsgroup.com
Cheryl Mills cmills@cdmillsGroup.com
Heather Samuelson hsamuelson@cdmillsgroup.com

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“The first duty of a man is to think for himself”

http://www.judicialwatch.org/press-room/press-releases/judicial-watch-ne...

The emails, obtained under a court order in a Freedom of Information Act (FOIA) lawsuit, reference the logo design for the “cdmillsGroup,” a private company set up by Mills on January 3, 2013, a month before she left her job at the State Department. The Mills “cdmillsGroup” logo discussion includes another government employee, Jean-Louis Warnholz, then-State Department senior advisor to Hillary Clinton. (Warnholz would go on to be a business partner with Ms. Mills in another company.)

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“The first duty of a man is to think for himself”

ZimInSeattle's picture

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"Those who make peaceful revolution impossible will make violent revolution inevitable." - JFK | "The more I see of the moneyed peoples, the more I understand the guillotine." - G. B. Shaw Bernie/Tulsi 2020

Sedna's picture

the thumb drive in possession of David Kendall is the big insurance for Her Heinous that protects her from perjury charges since in her Declaration she uses the term "in my custody". She can likely state that she couldn't remember what was on the thumb drive and had no access to them since Kendal had the drive. Of course the question is when did Kendall take possession of it?

And of course this was all carefully choreographed with the full intention of deceit - she's a professional thug.

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"So it goes."
Kurt Vonnegut