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Judicial Watch today filed suit against the Office of the Director of National Intelligence (ODNI) and the Department of State to require them to conduct, as required by law, an assessment and prepare a report on how and whether Hillary Rodham Clinton’s email practices as U.S. Secretary of State damaged national security.
The suit, filed in the U.S. District Court for the District of Columbia, cites the requirement in Intelligence Community Directive (“ICD”) 732, issued on June 27, 2014, that a damage assessment be conducted whenever there is “an actual or suspected unauthorized disclosure or compromise of classified national intelligence that may cause damage to U.S. national security” ICD 732(D)(2) (Judicial Watch v. Office of the Director of National Intelligence et al. (No. 1:17-cv-00508)).
The suit specifically refers to FBI Director James Comey’s statement on July 5, 2016, concerning Clinton’s use of an unsecure email account while conducting official State Department business:
From the group of 30,000 e-mails returned to the State Department, 110 emails in 52 e-mail chains have been determined by the owning agency to contain classified information at the time they were sent or received. Eight of those chains contained information that was Top Secret at the time they were sent; 36 chains contained Secret information at the time; and eight contained Confidential information, which is the lowest level of classification.