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Court Orders Government To Explain The Holdup With 7,000 Clinton Emails

Former Secretary of State Hillary Clinton reacts to an argument between the chairman and co-chairman of the House Select Committee on Benghazi during her testimony at a hearing last year.
Melina Mara / The Washington Post via Getty Images
Former Secretary of State Hillary Clinton reacts to an argument between the chairman and co-chairman of the House Select Committee on Benghazi during her testimony at a hearing last year.

A federal judge has ordered the Justice Department to file court briefs by Wednesday explaining why some portion of the remaining Hillary Clinton emails, subject to a Freedom of Information Act lawsuit by Vice News, cannot be produced by Feb. 18.

U.S. District Judge Rudolph Contreras said after a 30-minute hearing in federal court in Washington, D.C., that the government “has put me between a rock and a hard place” with respect to 7,000 pages of yet-to-be-released Clinton emails from her tenure at the State Department.

“To state the obvious, these documents have a lot of public interest and the timing is important for the reasons stated by the plaintiff,” the judge said.

Vice has argued the emails should come out soon given the primary election voting calendar. The State Department has said it will release all the remaining documents by Feb. 29, shortly before the Super Tuesday votes. That’s the day when most states vote on any single day in this 2016 election, but is after the key contests in South Carolina and Nevada.

State said it was forced to delay recently, in part, because the big snowstorm in Washington made consulting with intelligence agencies too difficult.

Contreras asked Tuesday for authorities to prepare “a detailed explanation of why this problem arose, what caused it and why it wasn’t noticed until recently.”

Clinton has landed in controversy over the past year and had difficulty explaining her use of a private email server instead of a State Department email address. Several emails have been retroactively classified.

The State Department has released tens of thousands of pages of emails that Clinton and her lawyers have turned over to State. Those emails have come, by court order, in batches in the thousands at the end of every month for almost the past year. Clinton said she has turned over some 30,000 emails totaling 55,000 pages.

Copyright 2023 NPR. To see more, visit https://www.npr.org. utm

Carrie Johnson is NPR's National Justice Correspondent.

She covers a wide variety of stories about justice issues, law enforcement, and legal affairs for NPR's flagship programs Morning Edition and All Things Considered. Johnson regularly appears on the NPR Politics Podcast.

Prior to coming to NPR in 2010, Johnson worked at the Washington Post for 10 years. Earlier in her career, she wrote about courts for the weekly publication Legal Times.

Her work has been honored with awards from the Robert F. Kennedy Center for Justice and Human Rights, the Society for Professional Journalists, and SABEW. She served as a fellow at the Nieman Foundation for Journalism at Harvard University from 2019-2020. In 2021, the National Association of Criminal Defense Lawyers honored Johnson with a rarely-bestowed Champion of Justice award for her journalism work.

She has been a finalist for the Loeb Award for financial journalism and for the Pulitzer Prize in breaking news for team coverage of the massacre at Fort Hood, Texas.

Johnson is a graduate of the University of Wisconsin-Madison and Benedictine University in Illinois. She sits on the advisory board for the Center for Journalism Ethics at UW-M and the Historical Society of the D.C. Circuit.

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