New push to seize Hillary's email server

A filing in U.S. District Court for the Southern District of Florida is asking the judiciary to take control of Hillary Clinton’s email server, because there could be “material evidence that is in imminent danger of being lost.”

In the motion, Larry Klayman of Freedom Watch alleges the evidence could “document the predicate acts and major crimes.”

Klayman brought the case against Bill and Hillary Clinton and the Clinton Foundation under the Racketeer Influenced and Corrupt Organization Act alleging the Clintons ran a criminal enterprise “with the objective of enriching themselves by trading U.S. government action, decisions, policy changes, influential statements, and favors in return for donations from persons, companies, and countries who benefit.”

“The plaintiff files this motion respectfully requesting that the court order the preservation of that information contained on a private computer file server (‘server’) that then Secretary of State Defendant Hillary Clinton (‘Secretary Clinton) used to conceal the U.S. government records off-site, rather than at a U.S. Department of State facility,” he wrote.

WND reported earlier when the case originally was brought by Klayman, who for years has been a Washington watchdog, having engaged Bill Clinton in court battles during his presidency. He’s also taken on terror interests and foreign influences in the United States, and just over the last year or so has won a federal court judgment against the National Security Agency’s spy-on-Americans program as well as bringing a case against Barack Obama over his amnesty-by-executive-memo strategy.

His RICO case alleges that over the last decade or so, the Clintons have participated in “acts” that constitute a “criminal enterprise” that was designed to enrich them.
According to Klayman, the Clintons, through mail and wire fraud and false statements, misappropriated documents that he was entitled to receive and possess under the Freedom of Information Act regarding Hillary Clinton’s actions, including her involvement in releasing Israeli war and cyber-warfare plans and practices.

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Hillary Clinton orchestrated this release to harm and thwart Israeli plans to pre-emptively attack Iranian nuclear sites to stop the Islamic nation’s march to producing atomic weapons, according to Klayman.

The claim also explains Klayman used the nation’s FOIA to try to get details from the State Department regarding waivers to do business with Iran – “acts [that are] alleged to be the result of the defendants selling government influence in exchange for bribes from interests which have donated to The Clinton Foundation, paid huge speaking fees to the Clintons and other means.”

WND was unable to get a response from the combined New York office for Bill Clinton and the foundation.

The current scandal over Hillary Clinton’s emails as secretary of state – she set up a private server in her home, avoiding government paths that are archived and then reportedly destroyed tens of thousands of emails without any oversight – “is alleged to cover up” evidence of crimes, Klayman explained.

News reports say she printed out thousands of pages of emails from the server that she thought belonged to the government and gave those to the State Department. Then she had the drive wiped.

There are, however, technical processes that might be able to recover whatever was on the drive.

In the new motion, Klayman “respectfully moves the court for an order of immediate seizure of property or attachment pursuant to Rule 64 of the Federal Rules of Civil Procedure, an expedited entry and production of tangible things pursuant to FRCP Rule 34(a)(1)(B).”

“Plaintiff asks that a neutral forensic expert be ordered here, as the court’s expert, to take custody and control of the private email server and reconstruct and preserve the official U.S. government records relating to the conduct of U.S. foreign policy during Defendant Secretary Clinton’s term,” he wrote.

“The private computer file server is an instrumentality used to facilitate unlawful activity,” the motion continues. “Like the ‘Special Purpose Entities’ set up by ENRON to hide transactions and liabilities off the books from auditors and shareholders, the Defendants Hillary and Bill Clinton set up their own unusual, independent, private computer email system in their personal mansion. The purpose of the private email server system was to facilitate secretive horse-trading of government actions and favors, negotiations for the sale of U.S. government services, actions, and assets to the highest bidder, and the implementation arraignments of deals struck.”

The motion charges Hillary Clinton’s “private file server would have been used to discuss, negotiate, and arrange … Hillary Clinton’s granting waivers of sanctions on companies doing business with Iran in return for donations to Defendant The Clinton Foundation and disclosing Israeli military plans against Iran in return for donations from enemies of Israel and.or friends or business partners of Iran.”

The motion claims there are 32,000 emails that Hillary Clinton declared “private.”
Those “will show, if they can still be recovered, the predicate acts of the illegal RICO enterprise,” the motion states.

Congress also has expressed a desire to learn the contents of the Clinton emails, which, Klayman alleges, should have been included in searches for pertinent information to several of his Freedom of Information Act requests.

Klayman also filed a request to amend his complaint, with the new document attached.
He explained that it adds “factual allegations” based on “new evidence that has become available since the first complaint was filed.”

Klayman’s complaint explains, “Plaintiff has filed many Freedom of Information Act requests for public records created or held by the U.S. Department of State … which records are of the public interest and importance to the citizens of the United States. … As it has now been revealed, a primary reason that the plaintiff did not receive the records to which the plaintiff is entitled by law is that Defendant Hillary Clinton – upon information and belief together with Cheryl Mills and Defendant Bill Clinton and other

Clinton ‘loyalists’ – set up a private computer file server operating a private, stand-alone electronic mail system.”

It alleges Clinton’s “off the books” plan “concealed from the plaintiff public records to which the plaintiff was entitled to under the FOIA.”

It continues, “Using those concealed communications held on the private email server, upon information and belief, the defendants negotiated, arranged and implemented the sale of influence and access to U.S. government officials and decision-makers and official acts by State and other instrumentalities of the U.S. government in return for gratuitous and illegal payments – bribes – disguised as donations to defendant The Clinton Foundation and extraordinarily high speaking fees paid to Defendant Bill Clinton and Defendant Hillary Clinton.”

It has been reported many times the millions of dollars that have been paid to the Clintons for speaking fees, and Klayman’s case estimates the Clintons have “amassed a personal fortune (outside of The Clinton Foundation) of over $105 million” from those fees.

The case charges, “defendants have misappropriated – that is, stolen – the documents which are U.S. government property under relevant records management and archive laws governing U.S. government officials.”

Klayman pointed out that Hillary Clinton “lied to the lower court” in affirming that there were “no responsive documents” to his information requests, because the private email server was not searched.

“The concealment of approximately 62,490 emails to and from the secretary of state directly harmed the plaintiff in the availability of the most relevant and the most important records of State,” Klayman wrote, adding, “Hillary Clinton destroyed the email records after many congressional subpoenas and a flurry of FOIA requests from various requesters, including plaintiff, had already been issued.”

The case seeks orders for production of records and other RICO penalties, including $5 million compensatory and $200 million punitive damages.

New push to seize Hillary's email server
Bob Unruh
Thu, 28 May 2015 00:26:56 GMT