Today, the DC Circuit held the Judicial Watch and CoA Institute cases against the Secretary of State and Archivist seeking to enforce their Federal Records Act duties as they relate to Hillary Clinton’s emails are not moot.
The court held that because the statute requires the agencies to reach out to the Attorney General to seek record recovery, and because they have not done so, CoA Institute and Judicial Watch have not received everything to which they are entitled and, therefore, the cases are not moot.
CoA Institute Vice President John Vecchione -who argued the case before the circuit: “The DC circuit has reinforced the lesson that the government is bound to follow the law and that measures short of what the law requires to recover government documents can not be substituted as ‘good enough’.”