July 5, 2016: A US Court of Appeals rules that work-related emails stored privately are still subject to Freedom of Information Act (FOIA) requests.

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Dr. John Holdren (Credit: public domain)

One of the judges, David Sentelle, writes, “It would make as much sense to say that the department head could deprive requestors of hard-copy documents by leaving them in a file at his daughter’s house and then claiming that they are under her control.”

The case involves the private email account of Dr. John Holdren, an official working for the Office of Science and Technology Policy, a branch of the White House. It overturns a March 2015 lower court ruling that said his privately stored emails were not subject to FOIA searches.

While the case doesn’t directly involve Clinton, it has obvious implications for her since the issue of Clinton storing her emails on her private server is so similar. For instance, in June 2016, a federal judge put a FOIA lawsuit related to Clinton’s privately held emails on hold, saying it would be “wise” to wait for this court’s ruling before proceeding with the suit. (The Washington Post, 7/6/2016) (The Associated Press, 7/5/2016)