Judicial Watch released new State Department documents including a declaration from FBI Special Agent E.W. Priestap, the supervisor of the agency’s investigation into Hillary Clinton’s email activities, stating that the former secretary of state was the subject of a grand jury investigation related to her BlackBerry email accounts.
Judicial reports that the declaration was produced in response to Judicial Watch’s lawsuit seeking to force Secretary of State Rex Tillerson to take steps to “recover emails of former Secretary of State Hillary Clinton” and other U.S. Department of State employees (Judicial Watch, Inc. v. Rex Tillerson (No. 1:15-cv-00785)). The lawsuit was originally filed against then-Secretary of State John Kerry. The Trump State Department filing includes details of the agency’s continuing refusal to refer the Clinton email issue to the Justice Department, as the law requires.
In the filing Priestap declares under penalty of perjury that the FBI “obtained Grand Jury subpoenas related to the Blackberry e-mail accounts, which produced no responsive materials, as the requested data was outside the retention time utilized by those providers.”
On April 30, 2015, Judicial Watch sued Kerry after the State Department failed to take action on a letter sent to Kerry “notifying him of the unlawful removal of the Clinton emails and requesting that he initiate enforcement action pursuant to the [Federal Records Act],” including working through the Attorney General to recover the emails.
After initially being dismissed by the district court, Judicial Watch’s lawsuit was revived on appeal by a decision of the U.S. Court of Appeals for the District of Columbia Circuit on December 27, 2016.
While at the State Department, former Secretary of State Hillary Clinton conducted official government business using unsecured email server and email accounts. Her top aides and advisors also used non-“state.gov” email accounts to conduct official business. Clinton left office February 1, 2013.
“The FBI convened a grand jury to investigate Hillary Clinton in 2016. Why is this information being released only now?” said Judicial Watch President Tom Fitton. “And it is disturbing that the State Department, Justice Department and FBI are still trying to protect Hillary Clinton. President Trump needs to clean house at all these agencies.”