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Judicial Watch announced recently that it filed a petition for panel rehearing and rehearing en banc in the United States Court of Appeals for the District of Columbia concerning the deposition of former Secretary of State Hillary Clinton in a Freedom of Information Act (FOIA) lawsuit relevant to her government emails (In re Hillary Rodham Clinton and Cheryl Mills (No. 20-5056)).

Judicial Watch filed its petition after an August 31, 2020, opinion by the Court of Appeals granted Clinton’s petition for mandamus relief, allowing her to avoid giving sworn testimony in Judicial Watch’s lawsuit seeking records about the Obama administration’s public statements regarding the 2012 terrorist attack on the U.S. consulate in Benghazi. The lawsuit led directly to the disclosure of Clinton’s email use (Judicial Watch v. U.S. Department of State (No. 1:14-cv-01242)).

Judicial Watch argues the appeals panel granted Clinton extraordinary relief that was specifically denied to General Flynn by the full appeals court. The full appeals court, in denying General Flynn mandamus relief, ruled that he could pursue alternative remedies for relief, such as an appeal of any adverse decision by the lower court at the end of his criminal case.

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