Rachel Maddow March /12/2015 AP sues State Department for access to Hillary Clinton records

• published: 12 Mar 2015
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— The Associated Press on Wednesday sued the State Department to force the release of email correspondence and government documents from Hillary Rodham Clinton's tenure as secretary of state. The legal action follows repeated requests filed under the U.S. Freedom of Information Act that have gone unfulfilled. They include one request the AP made five years ago and others pending since the summer of 2013. The suit in U.S. District Court comes a day after Clinton broke her silence about her use of a private email account while she was America's top diplomat. The FOIA requests and the suit seek materials related to her public and private calendars; correspondence involving aides likely to play important roles in her expected campaign for president; and Clinton-related emails about the Osama bin Laden raid and National Security Agency surveillance practices. "After careful deliberation and exhausting our other options, The Associated Press is taking the necessary legal steps to gain access to these important documents, which will shed light on actions by the State Department and former Secretary Clinton, a presumptive 2016 presidential candidate, during some of the most significant issues of our time," said Karen Kaiser, AP's general counsel. Said AP Executive Editor Kathleen Carroll: "The Freedom of Information Act exists to give citizens a clear view of what government officials are doing on their behalf. When that view is denied, the next resort is the courts." State Department spokesman Alec Gerlach declined to comment. He had previously cited the department's heavy annual load of FOIA requests — 19,000 last year — in saying that the department "does its best to meet its FOIA responsibilities." He said the department takes requests "first in, first out," but noted that timing depends on "the complexity of the request." Carroll said the AP was filing additional requests Wednesday using FOIA and other tools following the disclosure last week that Clinton had used a private email account run on a server on her property outside New York while working at the State Department. Clinton on Tuesday said she sent and received about 60,000 emails from her personal email address in her four years as President Barack Obama's secretary of state. She said roughly half were work-related, which she turned over to the State Department, while deleting tens of thousands more that were personal in nature. The department has said the emails in their possession will be posted online once a review of their contents is completed — a process that will take several months. White House spokesman Josh Earnest said Wednesday that means "it is not necessary for new FOIA requests to be filed or old FOIA requests to be reconsidered in order to get access to those records." The AP had sought Clinton-related correspondence before her use of a personal email account was publicly known, although Wednesday's court filing alleges that the State Department is responsible for including emails from that account in any public records request. "State's failure to ensure that Secretary Clinton's governmental emails were retained and preserved by the agency, and its failure timely to seek out and search those emails in response to AP's requests, indicate at the very least that State has not engaged in the diligent, good-faith search that FOIA requires," says AP's legal filing.