KIMBERLEY STRASSEL: A Vast Email Conspiracy.
In recent weeks, not one, but two, esteemed federal judges have granted an outside group—Judicial Watch—the right to conduct discovery into the origins and handling of her private email system. It’s a reminder that Mrs. Clinton’s biggest problem this election isn’t Bernie Sanders or Donald Trump. Her problem is a 1966 statute known as the Freedom of Information Act, and the judges who enforce it.
The judges have taken unprecedented steps to resolve this case. It is exceedingly rare—almost unheard of—for a judge to allow discovery in a FOIA proceeding. This is a testament to how grave Mrs. Clinton’s email problem is. In the usual course of things, an outside group demands documents, a judge requires a federal department to hand them over, and the public learns something.
In this case—as we all know—the problem is that the State Department doesn’t have the documents. Or rather, it can’t confirm that it has them all, because State left it to Mrs. Clinton and her aides to possess them, and then to unilaterally decide what to hand over.
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