Judge Lamberth also criticized the State Department’s handling and production of Clinton’s emails in this case stating, “There is no FOIA [Freedom of Information Act] exemption for political expedience, nor is there one for bureaucratic incompetence.”
In the beginning of their oral arguments, lawyers for the State Department wrongfully stated that Judicial Watch could no longer continue their discovery. The court stopped their arguments saying that Judicial Watch can continue to find more evidence in this case:
STATE DEPARTMENT: … it is, of course, Judicial Watch’s burden to explain to Your Honor why there has been good cause to reopen discovery now that discovery has closed in this case.
THE COURT: Well, I didn’t close discovery. So your premise is wrong.
STATE DEPARTMENT: Fair enough, Your Honor. Whether you want to call it closed or not, it is still —
THE COURT: I didn’t close it. I said I would have a status after they took this initial discovery, and that’s what I’m doing today. I didn’t close discovery.
STATE DEPARTMENT: That’s right, Your Honor, but it is still Judicial Watch’s —
THE COURT: So they don’t need any good cause —
STATE DEPARTMENT: Whether
THE COURT: — Today the good cause continues from whether or not State was acting in good faith, and I’ll tell you everything they’ve discovered in this period raises serious questions about what the hell the State Department’s doing here.