Clinton Emails From Weiner Probe Are Fair Game for Possible Disclosure, Judge Says
A federal judge said Monday that emails relating to Hillary Clinton's time as secretary of state that were found during an FBI investigation of former Rep. Anthony Weiner could be subject to public disclosure as part of a pending lawsuit.
U.S. District Judge James Boasberg, presiding over a hearing one day before the presidential election between Clinton and Republican Donald Trump, scheduled a Nov. 29 hearing to discuss whether the FBI had provided the records to the State Department.
FBI Director James Comey shook the presidential race on Oct. 28 when he informed Congress that agents had recovered the emails, found on a device used by Weiner, the disgraced New York Democrat married to top Clinton aide Huma Abedin and under investigation for an online relationship with a minor.
Comey said Sunday that the FBI had reviewed the new content and that he would not change his controversial July recommendation against criminally charging Clinton with mishandling classified information by using insecure private email for official business.
At the Monday hearing, Justice Department attorney Lisa Olson said she had no personal knowledge of the contents of the emails, but she assumed they would have to be reviewed for possible disclosure if the FBI delivers them to the State Department.
Olson said the State Department believes it has a standing request to the FBI that it turn over additional Clinton-related documents that it has discovered but said that the Weiner device emails have not yet been supplied.
The judge said he could not force the FBI to give the emails to the State Department, which is the target of Freedom of Information Act lawsuits from conservative transparency group Judicial Watch, but scheduled the hearing to assess progress anyhow.