Judicial Watch: Draft Indictment Bears on "Mrs. Clinton's honesty, credibility, and trustworthiness ... for the position she currently seeks."
WASHINGTON, -- Judicial Watch announced today that it is asking a federal court to order the National Archives and Records Administration to release draft criminal indictments of Hillary Clinton. In its motion for summary judgment, the National Archives claimed that "the drafts involve a significant [Clinton] privacy interest that is not outweighed by any public interest...." In its March 11 opposition brief, Judicial Watch counters that allegedly "making false statements and withholding evidence from federal investigators bears on Mrs. Clinton's honesty, credibility, and trustworthiness ... for the position she currently seeks," rendering the National Archives claim "neither serious nor credible."
These developments stem from an October 20, 2015, Judicial Watch Freedom of Information Act (FOIA) lawsuit (Judicial Watch v. National Archives and Records Administration (No. 15-cv-01740)) seeking:
All versions of indictments against Hillary Rodham Clinton, including but not limited to, Versions 1, 2, and 3 in box 2250 of the Hickman Ewing Attorney Files, the "HRC/_ Draft Indictment" in box 2256 of the Hickman Ewing Attorney Files, as well as any and all versions written by Deputy Independent Counsel Hickman Ewing, Jr. prior to September of 1996.
The draft indictments relate to allegations that Clinton provided false information and withheld evidence from federal investigators to conceal her involvement with the defunct Madison Guaranty Savings & Loan, the collapse of which lead to multiple criminal convictions. Clinton provided legal representation to Madison Guaranty as an attorney at the Rose Law Firm in Little Rock, Arkansas. Clinton's Rose Law Firm billing records, long sought by prosecutors, were found in the private quarters of the White House shortly after an important statute of limitations had expired.
In its motion for summary judgment, the National Archives confirmed that it has located the Clinton draft indictments, stating, "Included among the records of Mr. Starr and his successors are drafts of a proposed indictment of Hillary Rodham Clinton." It adds, "Box 2250 contains a folder labeled 'Draft Indictment.' Box 2256 contains a folder labeled 'Hillary Rodham Clinton/Webster L. Hubbell Draft Indictment.' Multiple drafts of the proposed indictment of Mrs. Clinton were located by NARA [National Archives and Records Administration] within these folders."
The National Archives claims that Clinton's right to privacy supersedes the public interest concerning the draft indictments. It also claims that the release would violate grand jury secrecy protections and that Mrs. Clinton has "a strong interest in not being associated unwarrantedly with alleged criminal activity."
The National Archives asserts:
While there may be a scintilla of public interest in these documents since Mrs. Clinton is presently a Democratic presidential candidate, that fact alone is not a cognizable public interest under FOIA, as disclosure of the draft indictments would not shed light on what the government is up to.
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