Hillary Clinton Email Cases Still Smolder, With Foes Eager to Spark New Investigation

She just won't go away.

Conservative transparency group Judicial Watch continued its carousel of court hearings Tuesday, seeking records relating to Hillary Clinton’s time as secretary of state, hoping to uncover evidence of wrongdoing.
The legal pursuit of the former Democratic presidential nominee remained hot inside a federal courthouse in the nation's capital, even if fewer reporters showed up than before her surprise November defeat.
At one hearing, appeals judges reviewed a request to identify all State Department employees who used personal email for work after Clinton took office. At the other, a district court judge considered the speed of redacting and releasing FBI investigative records about a cloud service backup of Clinton’s private email server.
Judicial Watch President Tom Fitton said outside the group’s second hearing that there remains an objective to the legal onslaught, even if Clinton holds no office.
Fitton wants President Donald Trump to make good on a campaign promise to appoint a special prosecutor to investigate Clinton, whose handling of classified records and interactions with family foundation donors were major election issues.
“We want the thumbs to be taken off the scale, finally,” he says, alleging the State Department and FBI may be slow-walking disclosure because they fear triggering Trump to reconsider his walk-back of the campaign pledge.
Currently a new probe of Clinton, who maintained her innocence and against whom FBI Director James Comey in July recommended no charges for mishandling classified records, does not appear likely.
After defeating her, Trump downplayed his talk about a special prosecutor, saying "I don't want to hurt the Clintons." And attorneys now facing off against Judicial Watch's Freedom of Information Act demands work for the new Trump administration.
In court Tuesday, the group sought FOIA processing priority for 785 pages of FBI investigative records -- of about 10,000 pages of FBI Clinton investigation records -- that it believes could be explosive.
The pages relate to the Datto cloud backup service, which stored data from Clinton’s private server -- something discovered to the apparent displeasure of Platte River Networks CEO Treve Suazo, whose company helped maintain Clinton's server.
“This data should not be stored in the Datto Cloud, but because the backup data exists, we cannot delete it,” Suazo wrote in a 2015 email to a Datto employee, which was released in a congressional committee investigating Clinton's email server.
Judicial Watch believes investigative records about Datto may include information about the 30,000 or so emails that Clinton's team deleted before turning over content it deemed work-related to the State Department. Many but not all of those emails were later recovered by the FBI and determined to be work-related.
Justice Department attorney Cesar Lopez-Morales said in court Tuesday that a heavy FOIA request burden prevented authorities from agreeing to Judicial Watch's request to prioritize the 785 pages.
“A lot of the Clinton investigation remains sensitive,” Lopez-Morales said, meaning “a limited number” of people can access the documents. And, he said, “there’s a risk of missing files as you’re pulling out the specific files” from folders.
Judicial Watch attorney Michael Bekesha suggested copying files rather than removing them from folders, but U.S. District Judge Randolph Moss said he was inclined to side with the administration.
Moss expressed concern it would be “inefficient and unfair” to prioritize the pages and asked rhetorically, “what happens if everyone comes in and does this?”
Lopez-Morales said the full set of FBI investigatory files are likely to be fully processed for redaction and release within about 17 months, down from the 20 months previously estimated.
The approximately 10,000 pages of FBI records are distinct from State Department documents from Clinton's tenure, including emails, being processed for release. A hearing in March is scheduled to review the pace of State Department processing, which as of November was calculated to take five years in response to lawsuits from Judicial Watch and Vice journalist Jason Leopold.
The tangle of Clinton emails cases can be difficult to follow, even for leaders of Judicial Watch, which is known as a prolific document requester and FOIA litigator. But the effort continues to see successes. In December, a federal appeals panel revived a pair of lawsuits -- one from Judicial Watch -- to force authorities to do more to compel recovery of Clinton emails. Last week, the group published 549 pages of State Department documents a judge ordered released in a different case targeting Clinton aide Huma Abedin's emails.
Fitton concedes it’s difficult to keep all of the Clinton email lawsuits straight, and Bekesha deferred to spokeswoman Jill Farrell for a precise number of active cases relating to Clinton’s emails. Farrell says the group has 13 Clinton email lawsuits currently pending.