October 7, 2015: A judge will not order an independent review of which Clinton emails are personal or work-related.

US District Court Judge Reggie Walton says that he does not believe he has the authority to order such a review. Judicial Watch has filed a Freedom of Information Act (FOIA) lawsuit seeking all of her work emails, and they want to know if there in fact are some work emails in the ones Clinton decided were personal. The issue presumes that she still has copies of the over 31,000 emails she had deleted off her private server.

Walton says, “I would order the State Department make the request of her to produce specifically any State Department-related information in her emails. I can’t in my view order that the State Department do any more than that.” Another judge has already ordered the public release of all the emails that Clinton decided were work-related. (Politico, 10/7/2015)

June 21, 2016: A judge puts a Clinton email lawsuit on hold while waiting on other cases.

Harold Koh (Credit: Jay Premack)

Harold Koh (Credit: Jay Premack)

In a civil lawsuit, Judicial Watch is trying to find out why two State Department officials didn’t search Clinton’s private email address in response to a FOIA [Freedom of Information Act] request filed in December 2012. Judicial Watch claims the two officials—Legal Advisor Harold Koh and Under Secretary for Management Patrick Kennedy—knew of the FOIA request and knew of Clinton’s email address, since both of them emailed Clinton sometimes. (Koh joined the department in mid-2013, a few months after Clinton left, but the FOIA request was still in process.)

Judicial Watch wants to be granted discovery, which means they would be able to depose the officials to question them under oath. However, US District Court Judge Reggie Walton puts the decision on hold because there are two other similar suits going on, including one in which Kennedy is due to be deposed by Judicial Watch at the end of June 2016.

Furthermore, Walton also notes a federal appeals court is currently considering a lawsuit unrelated to Clinton that tests the government’s obligation to search a private email account maintained by a department head in response to a FOIA request. (Politico, 6/21/2016) (Politico, 6/17/2016)