DOJ Lawyers Fight To Protect Clinton Email Server

Kevin Daley | Supreme Court Reporter

Department of Justice lawyers asked U.S. District Court Judge Randolph Moss Monday to review a sealed update on the investigation into former Secretary of State Hillary Clinton’s private email server.

The sealed update will take the form of an ex parte brief, in which the DOJ explains its refusal to release certain items requested by Vice News reporter Jason Leopold, who submitted a Freedom of Information Act request in 2015. Leopold seeks the release of all records pertaining to the agency’s investigation of the former secretary of state, including the contents of Clinton’s emails.

Department of Justice lawyers submitted materials in a secret filing in March, but withheld a number of requested items under FOIA exceptions.

Leopold’s lawyers objected, and asked that a redacted version of the filing be released to the public. DOJ lawyers said they could not further defend their action without compromising the security of the FOIA exempt contents — they filed an ex parte brief to Moss explaining their action.

The judge will review the brief in the near future, and promised to do his best to issue a ruling based on the public contents of the case. It is not clear when a final ruling will be issued.

Leopold regularly releases court documents from the FOIA suit here.

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