Judicial Watch Submits Plan to Depose Top Ranking @StateDept Officials and 30 (b)(6) Witnesses

Posted: 1:54 pm EDT
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On February 23, Judge Emmet Sullivan of the District Court of the District of Columbia granted Judicial Watch’s (JW) motion for discovery related to the use of the clintonemail.com system by the former secretary of state and at least one other former State Department employee. The case is Judicial Watch vs. U.S. Department of State (Civil Action No. 13-cv-1363 (EGS)). Court records indicate that that JW need to submit a Discovery Plan To Court and Counsel by 3/15/2016 (see Court Grants Request to Interview Clinton Aides and @StateDept Officials Under Oath Over Email Saga).

In its court filing of March 15, JW submitted its plan to seek testimony from the following former and current officials of the State Department. Names and descriptions are as listed by JW:

Stephen D. Mull (Executive Secretary of the State Department from June 2009 to October 2012 and suggested that Mrs. Clinton be issued a State Department BlackBerry, which would protect her identity and would also be subject to FOIA requests);

Lewis A. Lukens (Executive Director of the Executive Secretariat from 2008 to 2011 and emailed with Patrick Kennedy and Cheryl Smith about setting up a computer for Mrs. Clinton to check her clintonemail.com email account);

Patrick F. Kennedy (Under Secretary for Management since 2007 and the Secretary’s principal advisor on management issues, including technology and information services);

Donald R. Reid (Senior Coordinator for Security Infrastructure, Bureau of Diplomatic Security since 2003 and was involved in early discussions about Mrs. Clinton using her BlackBerry and other devices to conduct official State Department business);

30(b)(6) deposition(s) of Defendant [designated witness(es) for the State Department] regarding the processing of FOIA requests, including Plaintiff’s FOIA request, for emails of Mrs. Clinton and Ms. Abedin both during Mrs. Clinton’s tenure as Secretary of State and after;

Cheryl D. Mills (Mrs. Clinton’s Chief of Staff throughout her four years as Secretary of State);

Huma Abedin (Mrs. Clinton’s Deputy Chief of Staff and a senior advisor to Mrs. Clinton throughout her four years as Secretary of State and also had an email account on clintonemail.com); and

Bryan Pagliano (State Department Schedule C employee who has been reported to have serviced and maintained the server that hosted the “clintonemail.com” system during Mrs. Clinton’s tenure as Secretary of State).

And here’s one we won’t know possibly until after the judge’s expected ruling on April 15 — Judicial Watch also seeks testimony from 30 (b)(6) witness or witnesses who can provide testimony on behalf of the State Department on the following issues:

  • the creation or establishment of the clintonemail.com system as well as any maintenance, service, or support provided by the State Department of that system;
  • the knowledge or awareness of State Department officials and employees about the existence and use of the clintonemail.com system;
  • any instructions or directions given to State Department officials and employees about communicating with Mrs. Clinton and Ms. Abedin via email;
  • any inquiries into Mrs. Clinton’s use of the clintonemail.com system as well as any discussions about responding to such inquiries or publicly revealing the existence and use of the clintonemail.com system to the public; and
  • the inventorying or other accounting of Mrs. Clinton’s and Ms. Abedin’s email upon their departure from the State Department.

The (b)(6) is in reference to the FOIA exemption which protects information about individuals in “personnel and medical files and similar files” when the disclosure of such information “would constitute a clearly unwarranted invasion of personal privacy.”

Judge Sullivan’s February 23 ruling required the State Department to respond by 4/5/2016.

The plan submitted to the court is available to read here (PDF).

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