The FBI submitted a classified declaration to a federal court judge late Friday explaining details about the bureau's "pending investigation" into the use of a private email server by Democratic presidential frontrunner Hillary Clinton. The declaration addresses why the FBI can't publicly release any records about its probe in response to a Freedom of Information Act (FOIA) lawsuit filed by VICE News.
In a separate public declaration, David Hardy, the chief of the FBI's FOIA office, said there are a number of documents exchanged between the FBI and the State Department relating to the FBI's ongoing investigation of Clinton's use of a private email server, which stored all of the official government emails Clinton sent and received during her tenure as Secretary of State. But the FBI, which consulted with attorneys within its Office of General Counsel "who are providing legal support to the pending investigation," cannot divulge any of them without "adversely affecting" the integrity of its investigation.
Some of the documents at issue concern "server equipment and related devices obtained from former Secretary Clinton," Hardy said. The documents "consist of memoranda from the FBI to the Department of State regarding evidence. The purpose of these communications with the Department of State was to solicit assistance in furtherance of the FBI's investigation."
The FBI has asked the judge to dismiss VICE News' FOIA lawsuit on grounds that the documents it has about Clinton's private email server are located in files pertaining to a pending investigation that is exempt from disclosure because their release would interfere with active law enforcement proceedings.