By Thomas Lifson
Happy New Year, Hillary Clinton. I hope you enjoy being the subject of a probe by A.G.-designate Jeff Sessions, and whatever grand jury probes and subpoenas he sees fit to use in seeking recovery of all those emails you deleted and BleachBitted in an effort to eradicate any evidence of their contents.
You can now plan out your 2017 calendar with time left for grand jury testimony, thanks to a ruling from D.C. Court of Appeals judge Stephen Williams. His ruling reversed a lower court decision that halted FOIA lawsuits by Judicial Watch and Cause of Action that had sought Justice Department probes into the possible existence of records of the deleted emails. A Reuters dispatc explains:
While the State Department and National Archives took steps to recover the emails from Clinton's tenure, they did not ask the U.S. attorney general to take enforcement action. Two conservative groups filed lawsuits to force their hand.
A district judge in January ruled the suits brought by Judicial Watch and Cause of Action moot, saying State and the National Archives made a "sustained effort" to recover and preserve Clinton's records.
But Williams said the two agencies should have done more, according to the ruling in the U.S. Court of Appeals for the District of Columbia Circuit. Since the agencies neither asked the attorney general for help nor showed such enforcement action could not uncover new emails, the case was not moot.
"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," Williams wrote. "Absent a showing that the requested enforcement action could not shake loose a few more emails, the case is not moot."
This formal action of declaring the case not moot thus opens the door, just in time for the Trump administration Justice Department, to formal law enforcement investigation of the hiding of Hillary’s email.
Happy New Year! You can look forward to a busy and exciting time ahead. And there is still time to binge-watch Orange is the New Black. You lucky girl.