September 4, 2015: Justice Department lawyers oppose a search for Clinton’s deleted emails.

Judicial Watch asks a federal judge to order the State Department to take steps to determine whether any of the 31,830 emails deleted by Clinton still exist. They argue that Clinton’s emails are essentially government property that she should not have been allowed to take when she left the State Department.

However, Justice Department lawyers acting on behalf of the State Department oppose the request. They argue that personal emails are not federal records and don’t need to be preserved. One such government lawyer asserts, “There is no question that former Secretary Clinton had authority to delete personal emails without agency supervision—she appropriately could have done so even if she were working on a government server.”

Others have noted that at least some of the deleted emails have been found and were work-related. (The Washington Post, 9/12/2015)