Hillary Clinton has been ordered to give a sworn deposition to Judicial Watch regarding her emails and documents related to the attack on the US consulate in Benghazi, Libya while she was Secretary of State.
The ruling is in response to the conservative legal group's lawsuit, "Judicial Watch v. U.S. Department of State" - specifically regarding "talking points or updates on the Benghazi attack."
Judicial Watch famously uncovered in 2014 that the “talking points” that provided the basis for Susan Rice’s false statements were created by the Obama White House. This Freedom of Information Act (FOIA) lawsuit led directly to the disclosure of the Clinton email system in 2015. -Judicial Watch
Discovery in the case began in December, 2018, when Judge Royce C. Lamberth allowed Judicial Watch to explore whether Clinton's use of a private email server was intended to circumvent the Freedom of Information Act (FOIA). JW also sought to determine: "whether the State Department’s intent to settle this case in late 2014 and early 2015 amounted to bad faith; and whether the State Department has adequately searched for records responsive to Judicial Watch’s request."
The court also authorized discovery into whether the Benghazi controversy motivated the cover-up of Clinton’s email. The court ruled that the Clinton email system was “one of the gravest modern offenses to government transparency.” The State and Justice Departments continued to defend Clinton’s and the agency’s email conduct. -Judicial Watch
On Monday, Judge Lamberth overruled Clinton and the State Department's objections to limited additional discovery, writing "Discovery up until this point has brought to light a noteworthy amount of relevant information, but Judicial Watch requests an additional round of discovery, and understandably so. With each passing round of discovery, the Court is left with more questions than answers."
Lamberth also said that he is troubled by the fact that both Clinton and the State Department want discovery to end.
[T]here is still more to learn. Even though many important questions remain unanswered, the Justice Department inexplicably still takes the position that the court should close discovery and rule on dispositive motions. The Court is especially troubled by this. To argue that the Court now has enough information to determine whether State conducted an adequate search is preposterous, especially when considering State’s deficient representations regarding the existence of additional Clinton emails. Instead, the Court will authorize a new round of discovery -Judge Lamberth
Furthermore, Lamberth found that Clinton's prior testimony in the case - mostly given through sworn answers, was insufficient.
The Court has considered the numerous times in which Secretary Clinton said she could not recall or remember certain details in her prior interrogatory answers. In a deposition, it is more likely that plaintiff’s counsel could use documents and other testimony to attempt to refresh her recollection. And so, to avoid the unsatisfying and inefficient outcome of multiple rounds of fruitless interrogatories and move this almost six-year-old case closer to its conclusion, Judicial Watch will be permitted to clarify and further explore Secretary Clinton’s answers in person and immediately after she gives them. The Court agrees with Judicial Watch – it is time to hear directly from Secretary Clinton. -Judge Lamberth
"Judicial Watch uncovered the Clinton email scandal and we’re pleased that the court authorized us to depose Mrs. Clinton directly on her email conduct and how it impacted the people’s ‘right to know’ under FOIA," said JW President Tom Fitton.