Federal Appeals Court Revives Hillary Email Case Leaving Key Decision To Trump's Attorney General

Tyler Durden's picture

A federal appeals court for the District of Columbia has breathed new life into the Hillary email-gate scandal which will be music to the ears of Trump's "lock her up" supporters.  The case was filed by watchdog groups Judicial Watch and Cause of Action seeking to force the State Department to instruct the Department of Justice to file a federal records suit to recover Hillary's missing emails.  A lower court had previously ruled that the State Department's efforts to recover Hillary's emails were sufficient and threw the cases out.  But D.C. Circuit Judge Stephen Williams, a Ronald Reagan appointee, had a different view.  Per The Hill:

U.S. District Court Judge James Boasberg had previously ruled that state’s efforts to recover the documents — tens of thousands of which Clinton turned over voluntarily in 2014 — were sufficient and threw out the cases.


But the three-judge appeals court panel on Tuesday said that State had not done enough.


"Even though those efforts bore some fruit, the Department has not explained why shaking the tree harder — e.g., by following the statutory mandate to seek action by the Attorney General — might not bear more still,” D.C. Circuit Judge Stephen Williams, a Ronald Reagan appointee, wrote in the court’s opinion. “It is therefore abundantly clear that, in terms of assuring government recovery of emails, appellants have not 'been given everything [they] asked for.”


“Absent a showing that the requested enforcement action could not shake loose a few more emails, the case is not moot.”



While the new opinion acknowledges that DOJ involvement would be rendered moot if the defendants could provide definitive proof that additional efforts wouldn't result in the recovery of additional emails, it also highlights that no such "factual support" has been presented to date.

Tuesday’s ruling does not order the State Department to make the referral to the DOJ — nor does it obligate DOJ to sue Clinton if presented with a referral.


But the language of the ruling does appear to suggest that the court considers the possibility that the DOJ’s involvement could uncover more emails.


“While the case might well also be moot if a referral were pointless (e.g., because no imaginable enforcement action by the Attorney General could lead to recovery of the missing emails), the record here provides no factual support for finding mootness on that basis,” Williams wrote.

Judicial Watch president Tom Fitton praised the ruling saying that it is now up to the Trump administration to determine whether they would like to "finally enforce the rule of law and try to retrieve all the emails Clinton and her aides unlawfully took with them when they left the State Department."

“The courts seem to be fed up with the Obama administration’s refusal to enforce the rule of law on the Clinton emails,” Judicial Watch president Tom Fitton said in a statement.


“This ruling means that the Trump Justice Department will have to decide if it wants to finally enforce the rule of law and try to retrieve all the emails Clinton and her aides unlawfully took with them when they left the State Department.”

Of course, Trump has waffled on the issue of pursuing Hillary's latest scandal any further.  After once telling her during a debate that she'd "be in jail" if he were President, Trump has since said that he has no interest in hurting the Clintons...a stance that we suspect may anger some of his supporters.

Lock Her Up

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Looney's picture


“The jury will retire to the whores' rooms and begin deliberations.” - Al Swearengen

Looney   ;-)

jcaz's picture

The hangman is warming up......

PAPA ROACH's picture

Stupid timing really, Barack is still in office and can blanket pardon. STFU and wait until he's gone.

BaBaBouy's picture

Trump is waiting until the 20th to Give Us the Answer ~~~

LowerSlowerDelaware_LSD's picture
LowerSlowerDelaware_LSD (not verified) BaBaBouy Dec 28, 2016 3:17 PM

Holy shit! This is too good.

Trump's Atty General should wait until around June to announce. First get people confirmed, economy destroying executive orders undone, and the nightmare known as Obamacare repealed. Then indict Hillary, setting off a firestorm like has never been seen before from micro-aggression triggered, safe space violated, special snowflakes.

Ghost of Porky's picture

She'll plead guilty in exchange for house arrest on Epstein's Pedo Island.

froze25's picture

@Porky, "Think of the Children" #PizzaGate
A sacrifice must be made to maintain the order of things, sorry Hillary you must be brought to Justice, the people demand it! In other words, Hang the Bitsh!

Words cannot describe the ill will I have for that Criminal Witch!

Pure Evil's picture

Ehh, that cunt probably has multiple passports and plans to relocate to a non-extradition country.

The Saint's picture
The Saint (not verified) Pure Evil Dec 28, 2016 6:41 PM

NEWS FLASH January 19, 2017

President Obama grants sweeping pardons for Hillary Clinton and himself for any and all criminal acts they may have committed in the last 100 years.


That's All Folks.

Draybin Deffercon III's picture
Draybin Deffercon III (not verified) The Saint Dec 28, 2016 6:53 PM

Don't worry... emails are "not real". Some moron on Zerohedge said so.

nmewn's picture

New SCOTUS rules 5-4 no President can preemptively pardon anyone not yet convicted in a court of law for a crime.

Setting a brand new precedent that will be debated for decades ;-)

SoDamnMad's picture

The only place I can think of that could resist the extradition by Navy Seals is... Russia.  NOT

Never One Roach's picture

Oddly, Judicial Watch is not on the list of foundations you can contribute to when you buy on Ebay or Amazon.

It's one of my favorites.

ArgentDawn's picture

Just checked my smile amazon charity thingy, Judicial watch is there now, switch to it 

JRobby's picture

Her brain tumor growth will accelerate with this new stress.

Life is like that.

HalinCA's picture

tactics ... timing ... very important ...

lew1024's picture

Trump will be consumed with economic and budget problems from his first day in office.

The world economy is so close to a world-wide Greater Depression, all the inevitabilities so long ignored are arriving at once, large flocks of black swans :


LowerSlowerDelaware_LSD's picture
LowerSlowerDelaware_LSD (not verified) PAPA ROACH Dec 28, 2016 3:23 PM

"Stupid timing really, Barack is still in office and can blanket pardon."

Cankles won't allow or accept that. It will leave her marked for life as a felon who needed a pre-pardon from the president. Her ego will insist on no pardon.

Scuba Steve's picture

Good, then a Public Hanging on C-Span it is ... you know, for the ego and the children.

LowerSlowerDelaware_LSD's picture
LowerSlowerDelaware_LSD (not verified) Scuba Steve Dec 28, 2016 5:56 PM

That works!  Where does one buy tickets to be in the live audience?!

techpriest's picture

We could use the proceeds to pay down the national debt. Have a special HD live stream + Pay-per-View.

SoDamnMad's picture

Half time at the 2017 Super Bowl. Best entertainment ever.

IntTheLight's picture

I'd prefer a stoning. More in alignment with our Muslim masters.

Blankone's picture

There is no need.  Trump has already stated that Clinton(s) have suffered enough and that he will not pursue prosecution.  Some try to make it sound like that only pertains to "new" investigations but that is not the case.


LowerSlowerDelaware_LSD's picture
LowerSlowerDelaware_LSD (not verified) Blankone Dec 28, 2016 5:58 PM

Hopefully Trump understands that it's not his decision to persue or not persue.  Although he does know the extreme backlash that he'll get from every special snowflake out there.

drendebe10's picture

Get outta jail free criminal cunton is "good people"

DosZap's picture

Bingo, why now?,exactly for that reason.

truthseeker47's picture

The problem with that for Hillary is that the Supremes ruled long ago that a pardon must be accepted to be in effect, and if accepting a pardon one is admitting guilt.  As I recall in that case, the person pardoned refused to admit guilt, so did not accept the pardon.

Tijuana Donkey Show's picture

To be pardoned is an admission of guilt, and will shove a stake into her heart forever. Sounds like a win-win. She will never see jail. She would start snitchin on other people, and would die in a "nailgun" suicide.


chubbar's picture

If Hillary takes a pardon, they can still investigate the foundation and hang Chelsea and Bill. Plus Huma and Mills are still on the hook. This might get interesting come pardon time.

francis_the_wonder_hamster's picture

How do you pardon a FOIA request?

ultraticum's picture

They should just get it all over with now, and clear the Clinton Foundation and all the other high crimes and treason along with the email issue.  Then, the Donald can focus 100% on Israel First.

Libtard's picture

Nothing will happen. Remember the Donald has affirmed the Clintons are "great people!"

Holy hand grenade of Antioch's picture
Holy hand grenade of Antioch (not verified) Libtard Dec 28, 2016 3:06 PM

Trump has already proved that he's in the 'jew bag of tricks'...


My 'hopes' for Clinton prosecution have dropped to zero...


The SADDEST part of this, is that child molestation & trafficking will go on unabated...

Mass_hysteria's picture

True that...last couple of days has been real ugly. The true agenda of a Trump admin has showed itself. Destroying traditional values & the family even further.


All for that j*wish STATE israhell.

Holy hand grenade of Antioch's picture
Holy hand grenade of Antioch (not verified) Mass_hysteria Dec 28, 2016 3:15 PM

There are already TWO dnc members &/or paid jew shills <above>, that appear to be OK with child molestation & sex trafficking...


Maybe Trump's son in law?

stormsailor's picture

mattel made better toys than hasbara

Arnold's picture

Napoleon was good people, exiled twice, the son of a bitch would just not stay down.

And a Corsican carpet bagger.

Holy hand grenade of Antioch's picture
Holy hand grenade of Antioch (not verified) Arnold Dec 28, 2016 5:17 PM

Let's put it this way...


I'm 100% happy that HRC lost the election...


But I was practically the first person on these boards to warn the MAGA crowd about Kushner (way back in April)...

Blankone's picture

His son in law (jew) does appear very feminine.

See here - Pregnant Ivanka Trump shares a kiss with husband Jared Kushner outside New York apartment | Daily Mail Online

Then there is this - Ivanka Trump Was Born A Man - Proof Of Fake Pregnancy & Childbirth - YouTube

there are several videos and articles about her being a transgender as is Michele Obama

Then there is this - Jared Kushner Quotes. QuotesGram

No way Iran(ka) is that huge with big floppy tits (other photos of her show unnatrual tits, implants) and still has such skinny ankles, neck, arms and face.  Fake

Donald Trump is even in the process of getting his younger daughter (this one born a female) to another jew.  The Trump family even gave him an internship in the family business. 

Ned Zeppelin's picture

You are a looney tune, dude.

Blankone's picture

Just using the exact same logic used to show Michael Obama is a transgender/male.  Especially the finger lengths.  You cannot say it is science just for Michael but does not apply to others.  Now can you.

Got The Wrong No's picture

Moosechelle played linebacker in High School.

Blankone's picture

Michael Obama is still intack for a reason.  Obama is a lower.

I suspect Obama is a little bi and that is why Michael goes balistic when Obama flirts with pretty women at times.

humbly_narcissistic's picture

She gone and she won't go alone. 

Mass_hysteria's picture
Mass_hysteria (not verified) Dec 28, 2016 3:06 PM

Prediction: Trump will not prosecute.



c2nnib2l's picture

of coruse he won't 


but his Attorney General got different views :D

wacky47's picture

Praying for the AG already! Drain the swamp! Take no prisoners!

Clara Tardis's picture

Maybe someone could check the actual researchers out here in fakenewsland, they have already done all the research to lock up; HRC, patraeus, about 5 generals, blumenthal, comey, kennedy, lowrenta, you need to watch and send this to anyone who isn't corrupt.
Yes, that rules out: elected officials, fbi, cia, and especially the AG. Okay so just watch.