Judge Royce C. Lamberth

May 06, 2019 – Former Asst. Sec. of State for Diplomatic Security testifies under oath that he warned Hillary Clinton twice about unsecure BlackBerrys and personal emails

Eric Boswell (Credit: CSpan)

Judicial Watch released the deposition transcript of Eric Boswell, the former Assistant Secretary of State for Diplomatic Security during Hillary Clinton’s tenure as Secretary of State, in which he reveals that Hillary Clinton was warned twice against using unsecure BlackBerrys and personal emails to transmit classified material. A full transcript of the deposition is available here.

Boswell, who was responsible for securing classified and national security information, stated that Clinton and her staff were “wedded to their BlackBerrys.” Additionally, he stated that he and other former State Department employees “were surprised” that Clinton used clintonemail.com to conduct official government business.

In his deposition, Ambassador Boswell stated:

  • Hillary Clinton and other Senior State Department officials were warned in 2009 that “any unclassified Blackberry is highly vulnerable in any setting to remotely and covertly monitoring conversations, retrieving emails and exploiting calendars.”
  • Clinton was warned again in 2011 that “We also urge Department users to minimize the use of personal web email for business, as some compromised home systems have been reconfigured by these actors to automatically forward copies of all composed emails to an undisclosed recipient.”
  • Clinton assured him that she “gets it” when he informed her about dangers of Blackberries.
  • Clinton and her staff were “wedded to their blackberries” and wanted to continue using them in secure areas even after warning because it was a “convenience issue” to them.
  • He and other former State Department employees “were surprised” to learn that Clinton used clintonemail.com to conduct official government business.  Boswell claimed that they were not aware of such activity while still employed by the government.

Boswell was deposed as part of the discovery granted to Judicial Watch by U.S. District Court Judge Royce C. Lamberth in response to its Freedom of Information Act (FOIA) lawsuit involving former Secretary of State Hillary Clinton’s unsecured, non-government email system (Judicial Watch v. U.S. Department of State (No. 1:14-cv-01242)). (Read more: Judicial Watch, 5/29/2019)

April 23, 2019 – FBI official, Bill Priestap, admits Hillary Clinton’s emails were found in Obama White House

Bill Priestap (Credit: Tom Williams/CQ Roll Call/Getty Images)

Judicial Watch announced today that a senior FBI official admitted, in writing and under oath, that the agency found Clinton email records in the Obama White House, specifically, the Executive Office of the President. The FBI also admitted nearly 49,000 Clinton server emails were reviewed as result of a search warrant for her material on the laptop of Anthony Weiner.

E.W. (Bill) Priestap, assistant director of the FBI Counterintelligence Division, made the disclosure to Judicial Watch as part of court-ordered discovery into the Clinton email issue.

Priestap was asked by Judicial Watch to identify representatives of Hillary Clinton, her former staff, and government agencies from which “email repositories were obtained.” Priestap responded with the following non-exhaustive list:

  • Bryan Pagliano
  • Cheryl Mills
  • Executive Office of the President [Emphasis added]
  • Heather Samuelson
  • Jacob Sullivan
  • Justin Cooper
  • United States Department of State
  • United States Secret Service
  • Williams & Connolly LLP

Priestap also testifies that 48,982 emails were reviewed as a result of a warrant for Clinton email account information from the laptop of Anthony Weiner, who had been married to top Clinton aide Huma Abedin.

A complete copy of Priestap’s interrogatory responses is available here. Priestap, is serving as assistant director of the FBI’s counterintelligence division and helped oversee both the Clinton email and the 2016 presidential campaign investigations. Priestap testified in a separate lawsuit that Clinton was the subject of a grand jury investigation related to her BlackBerry email accounts.

“This astonishing confirmation, made under oath by the FBI, shows that the Obama FBI had to go to President Obama’s White House office to find emails that Hillary Clinton tried to destroy or hide from the American people.” said Judicial Watch President Tom Fitton. “No wonder Hillary Clinton has thus far skated – Barack Obama is implicated in her email scheme.”

Priestap was ordered to answer the written questions by United States District Court Judge Royce C. Lamberth when he ruled in January that Judicial Watch’s discovery could begin in Hillary Clinton’s email scandal. This action came in Judicial Watch’s July 2014 FOIA lawsuit for:

Copies of any updates and/or talking points given to Ambassador Rice by the White House or any federal agency concerning, regarding, or related to the September 11, 2012 attack on the U.S. consulate in Benghazi, Libya.

Any and all records or communications concerning, regarding, or relating to talking points or updates on the Benghazi attack given to Ambassador Rice by the White House or any federal agency. (Read more: Judicial Watch, 4/23/2019)

January 17, 2019 – Charles Ortel Opinion: The ‘Benghazi’ scandal likely involves national security offenses, money laundering, campaign-finance crimes, charity fraud, and public corruption

Hillary Clinton and Barack Obama (Credit: Manuel Balce Ceneta/The Associated Press)

“The recent ruling by US District Judge Royce C. Lamberth may become a breakthrough in the 5-year long Clinton email scandal, Wall Street analyst Charles Ortel told Sputnik, asking how it happened that the Obama administration, the CIA and FBI had apparently overlooked “one of the gravest modern offenses to government transparency.”

“The ‘Benghazi’ scandal likely involves national security offenses, money-laundering, campaign-finance crimes, charity fraud, and public corruption”, says Wall Street analyst and investigative journalist Charles Ortel, commenting on a US federal judge ordering former Obama officials to answer the conservative watchdog Judicial Watch’s (JW) questions on Hillary Clinton’s private email issue and the Benghazi scandal.

On 15 January, US District Judge Royce C. Lamberth ruled that former national security adviser Susan Rice, former deputy national security adviser Ben Rhodes, fmr. secretary of state Clinton’s former senior advisor and deputy chief of staff Jacob Sullivan, and FBI official E.W. Priestap must answer the watchdog’s written questions about the State Department’s response to the deadly 2012 terror attack in Benghazi, Libya.

BREAKING: Citing government shutdown, DOJ/State seek to stall court-ordered discovery ordered to begin yesterday on Clinton Email, Benghazi Scandal: Top Obama-Clinton Officials, Susan Rice, and Ben Rhodes to Respond to @JudicialWatch Questions Under Oath https://t.co/kka1QCEWtG pic.twitter.com/WYHLLTFP0G

— Tom Fitton (@TomFitton)

​”In time, historians will likely document that the Clintons and Obamas entered office in January 2009 with a grand plan to transform America’s relations with key powers, especially in the Middle East,” Ortel said. “This plan involved toppling national leaders in many nations by fomenting local uprisings using clandestine resources, in actions that were not likely validly authorized by Congress, as is certainly required under US laws.” (Read more: Sputnik News, 1/17/2019)

January 15, 2019 – Federal Court orders discovery on Clinton Email, Benghazi scandal

Judge Royce Lamberth (Credit: Diego M. Radzinschi/Legal Times)

“Judicial Watch announced today that United States District Judge Royce C. Lamberth ruled that discovery can begin in Hillary Clinton’s email scandal. Obama administration senior State Department officials, lawyers, and Clinton aides will now be deposed under oath. Senior officials — including Susan Rice, Ben Rhodes, Jacob Sullivan, and FBI official E.W. Priestap — will now have to answer Judicial Watch’s written questions under oath. The court rejected the DOJ and State Department’s objections to Judicial Watch’s court-ordered discovery plan. (The court, in ordering a discovery plan last month, ruled that the Clinton email system was “one of the gravest modern offenses to government transparency.”)

Judicial Watch’s discovery will seek answers to:

  • Whether Clinton intentionally attempted to evade the Freedom of Information Act (FOIA) by using a non-government email system;
  • whether the State Department’s efforts to settle this case beginning in late 2014 amounted to bad faith; and
  • whether the State Department adequately searched for records responsive to Judicial Watch’s FOIA request.

Discovery is scheduled to be completed within 120 days. The court will hold a post-discovery hearing to determine if Judicial Watch may also depose additional witnesses, including Clinton and her former Chief of Staff Cheryl Mills.

Judge Lamberth ordered written responses under oath to Judicial Watch’s questions from Obama administration senior officials Rice, Rhodes and Sullivan, and former FBI official Priestap. Rice and Rhodes will answer interrogatories under oath on the Benghazi scandal. Rejecting the State and Justice Department objections to discovery on the infamous Benghazi talking points, Judge Lamberth reiterated:

Yet Rice’s talking points and State’s understanding of the attack play an unavoidably central role in this case: information about the points’ development and content, as well as their discussion and dissemination before and after Rice’s appearances could reveal unsearched, relevant records; State’s role in the points’ content and development could shed light on Clinton’s motives for shielding her emails from FOIA requesters or on State’s reluctance to search her emails.

Judicial Watch also may serve interrogatories on Monica Hanley, a former staff member in the State Department’s Office of the Secretary, and on Lauren Jiloty, Clinton’s former special assistant.

Eric Boswell (Credit: public domain)

According to Lamberth’s order, regarding whether Clinton’s private email use while Secretary of State was an intentional attempt to evade FOIA, Judicial Watch may depose:

  1. Eric Boswell, the former Assistant Secretary for Diplomatic Security.… Boswell’s March 2009 memo to Mills … discusses security risks Clinton’s Blackberry use posed more generally. And Boswell personally discussed the memo with Clinton. So, he plainly has relevant information about that conversation and about his general knowledge of Clinton’s email use. Judicial Watch may depose Boswell.
  2. Justin Cooper. the Clinton Foundation employee who created the clintonemail.com server. In its proposal, Judicial Watch noted Cooper’s prior congressional testimony “appears to contradict portions of the testimony provided by Huma Abedin in the case before Judge Sullivan.” … Cooper repeatedly told Congress that Abedin helped set-up the Clintons’ private server, e.g., Examining Preservation of State Department Federal Records: [before a Congressional hearing] Abedin testified under oath she did not know about the server until six years later.… Judicial Watch may depose Cooper.
  3. Clarence Finney, the former deputy director of State’s Executive Secretariat staff…. [T]his case’s questions hinge on what specific State employees knew and when they knew it. As the principal advisor and records management expert responsible for controlling Clinton’s official correspondence and records, Finney’s knowledge is particularly relevant. And especially given the concerns about government misconduct that prompted this discovery, Judicial Watch’s ability to take his direct testimony and ask follow-up questions is critical.” (Read more: Judicial Watch, 1/15/2019)

January 10, 2019 – Judicial Watch to depose former top officials involved in the Clinton email scandal

Judicial Watch announced today that it submitted a court-ordered discovery plan for the depositions of several top former government officials involved in the Clinton email scandal, including Obama administration senior officials Susan Rice, Ben Rhodes, Jacob Sullivan, and FBI official E.W. Priestap.

Judicial Watch “intends to update the Court regarding the depositions of Hillary Clinton and Cheryl Mills at the conclusion of the 16-week discovery period, unless the Court believes such notice is not necessary.” The plan for discovery is the latest development in Judicial Watch’s July 2014 FOIA lawsuit filed after the U.S. Department of State failed to respond to a May 13, 2014 FOIA request (Judicial Watch v. U.S. Department of State (No. 1:14-cv-01242)). Read the discovery plan here:

December 6, 2018 – Federal Judge Royce C. Lamberth opens discovery into Clinton email usage

Judge Royce C. Lambert (Credit: public domain)

“Judicial Watch announced today that, in a ruling excoriating both the U.S. Departments of State and Justice, U.S. District Court Judge Royce C. Lamberth has ordered both agencies to join Judicial Watch in submitting a proposed schedule for discovery into whether Hillary Clinton sought to evade the Freedom of Information Act (FOIA) by using a private email system and whether the State Department acted in “bad faith” by failing to disclose knowledge of the email system.  The decision comes in a FOIA lawsuit related to the Benghazi terrorist attack.

Lamberth ruled:

“… the Court ORDERS the parties to meet and confer to plan discovery into (a) whether Hillary Clinton’s use of a private email while Secretary of State was an intentional attempt to evade FOIA; (b) whether the State Department’s attempts to settle this case in late 2014 and early 2015 amounted to bad faith; and (c) whether State has adequately searched for records responsive to Judicial Watch’s requests.”

Terming Clinton’s use of her private email system, “one of the gravest modern offenses to government transparency,” Lamberth wrote in his MEMORANDUM OPINION:

“… his [President Barack Obama’s] State and Justice Departments fell far short. So far short that the court questions, even now, whether they are acting in good faith. Did Hillary Clinton use her private email as Secretary of State to thwart this lofty goal [Obama announced standard for transparency]? Was the State Department’s attempt to settle this FOIA case in 2014 an effort to avoid searching – and disclosing the existence of – Clinton’s missing emails? And has State ever adequately searched for records in this case?”

***

At best, State’s attempt to pass-off its deficient search as legally adequate during settlement negotiations was negligence born out of incompetence. At worst, career employees in the State and Justice Departments colluded to scuttle public scrutiny of Clinton, skirt FOIA, and hoodwink this Court.

Turning his attention to the Department of Justice, Lamberth wrote:

“The current Justice Department made things worse. When the government last appeared before the Court, counsel claimed, ‘it is not true to say we misled either Judicial Watch or the Court.’ When accused of ‘doublespeak,’ counsel denied vehemently, feigned offense, and averred complete candor. When asked why State masked the inadequacy of its initial search, counsel claimed that the officials who initially responded to Judicial Watch’s request didn’t realize Clinton’s emails were missing, and that it took them two months to ‘figure [ ] out what was going on’… Counsel’s responses strain credulity.” [citations omitted]

The Court granted discovery because the government’s response to the Judicial Watch Benghazi FOIA request for Clinton emails “smacks of outrageous conduct.”

Citing an email (uncovered as a result of Judicial Watch’s lawsuit) that Hillary Clinton acknowledged that Benghazi was a terrorist attack immediately after it happened, Judge Lamberth asked:

Did State know Clinton deemed the Benghazi attack terrorism hours after it happened, contradicting the Obama Administration’s subsequent claim of a protest-gone-awry?”

(Read more: Judicial Watch, 12/06/2018)

October 12, 2018 – Federal judge Royce Lamberth is ‘shocked’ Clinton aide Cheryl Mills was granted immunity by the Justice Department

Judge Royce C. Lamberth (Credit: Charles Dharapak/The Associated Press)

“Judicial Watch announced today that in his opening remarks at a Friday, October 12 hearing, U.S. District Court Judge Royce C. Lamberth strongly criticized the U.S. Department of State, stating, “The information that I was provided was clearly false regarding the adequacy of the [Clinton email] search and… what we now know turned out to be the Secretary’s email system.”

Turning his attention to the Department of Justice, Judge Lamberth said that he was “dumbfounded” by the agency’s Inspector General report revealing that Cheryl Mills had been given immunity and was allowed to accompany former Secretary of State Hillary Clinton to her FBI interview:

I had myself found that Cheryl Mills had committed perjury and lied under oath in a published opinion I had issued in a Judicial Watch case where I found her unworthy of belief, and I was quite shocked to find out she had been given immunity in — by the Justice Department in the Hillary Clinton email case. So I did not know that until I read the IG report and learned that and that she had accompanied the Secretary to her interview.

(In an April 28, 2008 ruling relating to Mills’ conduct as a White House official in responding to concerns about lost White House email records, Judge Lamberth called Mills’ participation in the matter “loathsome.” He further stated Mills was responsible for “the most critical error made in this entire fiasco … Mills’ actions were totally inadequate to address the problem.”)

Lamberth also complained that the Justice Department attorney representing the State Department was using “doublespeak,” and playing “word games.”

The hearing had been ordered by Judge Lamberth regarding a request from Judicial Watch for testimony under oath from Clinton, Mills and several other State Department officials regarding the State Department’s processing of Judicial Watch’s FOIA request and Clinton’s emails. The State Department still opposes all of Judicial Watch’s requests for additional discovery into the Clinton email scandal.

Judge Lamberth said he was relieved that he did not allow the case to be shut down prematurely, as the State Department had requested.

The case started with a motion for summary judgment [seeking to close the case] here and which I denied and allowed limited discovery because it was clear to me that at the time that I ruled initially, that false statements were made to me by career State Department officials and it became more clear through discovery that the information that I was provided was clearly false regarding the adequacy of the search and this – what we now know turned out to be the Secretary’s email system.

I don’t know the details of what kind of IG inquiry there was into why these career officials at the State Department would have filed false affidavits with me. I don’t know the details of why the Justice Department lawyers did not know false affidavits were being filed with me, but I was very relieved that I did not accept them and that I allowed limited discovery into what had happened.

Judge Lamberth also said the State Department was using “doublespeak” and word games. (Read more: Judicial Watch, 10/12/2018)

October 3, 2018 – James Baker testimony reveals he met with Larry Klayman regarding CIA/NSA whistleblower, Dennis Montgomery, and played a role in his immunity deal

Larry Klayman (l) and Dennis Montgomery (Credit: public domain)

On the same day House Intelligence Committee chairman Devin Nunes gave a press conference disclosing that President Trump had been under “incidental surveillance,” attorney and FreedomWatch chairman, Larry Klayman, sent a letter to the same committee, imploring them to pursue the claims and evidence presented under oath at a Washington DC FBI Field Office by his client, CIA/NSA whistleblower Dennis Montgomery, who Klayman claims “holds the keys to disproving the false claims that there is no evidence that the president and his men were wiretapped.”

When Montgomery attempted to deliver this information through the appropriate channels, he was met with closed doors.

In a March 2017 Newsmax article, Klayman writes:

(…) “Montgomery left the NSA and CIA with 47 hard drives and over 600 million pages of information, much of which is classified, and sought to come forward legally as a whistleblower to appropriate government entities, including congressional intelligence committees, to expose that the spy agencies were engaged for years in systematic illegal surveillance on prominent Americans, including the chief justice of the Supreme Court, other justices, 156 judges, prominent businessmen such as Donald Trump, and even yours truly. Working side by side with Obama’s former Director of National Intelligence (DIA), James Clapper, and Obama’s former Director of the CIA, John Brennan, Montgomery witnessed “up close and personal” this “Orwellian Big Brother” intrusion on privacy, likely for potential coercion, blackmail or other nefarious purposes.” 

(…) “After Montgomery was turned away as a whistleblower, he came to me at Freedom Watch. With the aid of the Honorable Royce C. Lamberth of the U.S. District Court for the District of Columbia, who I had come to respect and trust over the years of my public interest advocacy, we brought Montgomery forward to FBI Director James Comey, through his General Counsel James Baker. Under grants of immunity, which I obtained through Assistant U.S. Attorney Deborah Curtis, Montgomery produced the hard drives and later was interviewed under oath in a secure room at the FBI Field Office in the District of Columbia. There he laid out how persons like then-businessman Donald Trump were illegally spied upon by Clapper, Brennan, and the spy agencies of the Obama administration. He even claimed that these spy agencies had manipulated voting in Florida during the 2008 presidential election, which illegal tampering resulted in helping Obama to win the White House.

This interview, conducted and videoed by Special FBI Agents Walter Giardina and William Barnett, occurred almost two years ago, and nothing that I know of has happened since. It would appear that the FBI’s investigation was buried by Comey, perhaps because the FBI itself collaborates with the spy agencies to conduct illegal surveillance. In landmark court cases which I filed after the revelations of Edward Snowden, the Honorable Richard Leon, a colleague of Judge Lamberth, had ruled that this type of surveillance constituted a gross violation of the Fourth Amendment to the Constitution.

Deborah Curtis, the DoJ attorney who helped Montgomery receive a grant of immunity, also served on Robert Mueller’s Special Counsel investigation team.

Here is the relevant testimony in James Baker’s transcript release: