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Judge refuses to disclose State records on Clinton’s private email system

A federal judge ruled on Tuesday that a conservative group cannot get State Department records about Hillary Clinton’s use of a private server during her tenure as Secretary of State because those documents don’t show evidence of government “malfeasance.”

“The Court….concludes that Judicial Watch has not provided a sufficient basis to believe that the information withheld by the State Department would shed light on any government misconduct,” U.S. District Judge James E. Boasberg wrote after privately reviewing the 30 records in dispute.

Details about the government’s internal deliberative process are typically exempt from disclosure under the Freedom of Information Act, but Judicial Watch said the records were part of an illicit effort to cover up Clinton’s violation of record-keeping laws and policies.

“A document sheds light on misconduct when it ‘reflects any governmental impropriety,’ but not when it merely reflects a ‘part of the legitimate government process intended to be protected by Exemption 5,’” Boasberg wrote.

The judge’s decision concludes that none of the redacted emails contained “hints of nefarious government action or motive in responding to that conduct.”

The memorandum also mentions that most of the emails in question — which were not messages from Clinton’s server—reflected internal communication among State employees to “ensure that the agency appropriately responded to the news swirling around Clinton’s emails.”

Judicial Watch president Tom Fitton said the organization is happy the court took the step to review the requested documents. He also said the group is “evaluating the opinion and considering” moving on with an appeal.

“We remain curious about the documents,” Fitton said. “The PR effort remains troubling and something that we think is in the public’s interest to know.”

Fitton assured the watchdog organization will want the Department of Justice under President Donald Trump to take a second look at their request.

“We expect the Trump administration to be more transparent on this issue, since the last administration was completely lawless on this issue,” Fitton added.