Author Archives: Denise Simon

Germany Leadership Knew About VW Cheating Emissions

Posted on by

The Volkswagen CEO resigned and Germany’s Angela Merkel knew about the cheating but ignored it. Many more details here. Additionally, VW received U.S. subsidies for emissions.

German ministers were reportedly warned of VW test-beating software

FNC: German government ministers reportedly turned a blind eye to Volkswagen installing cheat devices to fool U.S. diesel emissions tests, raising the possibility that the mushrooming scandal could cause embarrassment for Chancellor Angela Merkel.

Britain’s Daily Telegraph, citing a German parliamentary answer, reports that German ministers were warned months ago of “defeat device” software installed on Volkswagen’s diesel cars. The transport ministry answered a parliamentary question about the country’s car industry on July 28 saying, “The federal government is award of (defeat devices), which have the goal of (test) cycle detection,” according to The Telegraph.

The paper reported that while the government’s statement did not specifically mention Volkswagen, the question that precipitated it, from a member of the country’s Green Party, implied that the carmaker engaged in such practices.

“The government told us in July that it knew about this software, which has been used in the U.S.A.,” Green Party Deputy Leader Oliver Krischer told Germany’s N24 television Wednesday. “It’s clear they knew the software was widely in use.”

Meanwhile, Reuters reported that Volkswagen sent recall letters to California owners of its diesel-powered cars this past April, telling them to take their cars to a dealer for new software that the company said would ensure emissions were “optimized and operating efficiently.”

Reuters reported that the company had sent the letters in an effort to fend off suspicious U.S. regulators who investigating discrepancies between the company’s laboratory emissions test results and the amount of real-world pollution emitted by the cars.

The California Air Resources Board (CARB) confirmed to Reuters that the letters were part of a voluntary recall that the state agency, the EPA, and Volkswagen had agreed to in December of last year. At the time, the car maker insisted that the discrepancy stemmed from a simple technical glitch.

“This is one of the fixes they presented to us as a potential solution.”  CARB spokesman Dave Clegern told Reuters. “It didn’t work.”

Volkswagen CEO Martin Winterkorn resigned on Wednesday under intense pressure following the EPA’s disclosure Friday that stealth software makes VW’s 2009-2015 model cars powered by 2.0-liter diesel engines run cleaner during emissions tests than in actual driving. The EPA has said that Volkswagen could be subject to fines of as much as $18 billion.

Early Thursday, member of Volkswagen’s supervisory board said he expected further resignations at the German automaker.

Olaf Lies, economy and transport minister of VW’s home state Lower-Saxony, which holds a 20 percent stake in the company, told rbb-Inforadio Thursday that “there must be people responsible for allowing the manipulation of emission levels to happen.”

The EPA accused VW of installing the so-called “defeat device” in 482,000 cars sold in the U.S. VW later acknowledged that similar software exists in 11 million diesel cars worldwide and was setting aside 6.5 billion euros to cover the costs of the scandal.

“As CEO I accept responsibility for the irregularities that have been found in diesel engines and have therefore requested the Supervisory Board to agree on terminating my function as CEO of the Volkswagen Group,” Winterkorn said in an announcement. “I am doing this in the interests of the company even though I am not aware of any wrongdoing on my part.”

The U.S. Justice Department has opened a criminal investigation into the scandal, while Other governments from Europe to South Korea have begun their own inquiries, and law firms have already filed class-action suits on behalf of customers. Volkswagen revealed plans on Wednesday to voluntarily submit a complaint to the state prosecutors’ office in Brunswick, Germany. Late Wednesday, VW filed a criminal complaint with German prosecutors seeking to identify those responsible for any illegal actions in connection with the scandal.

For the U.S. market, Volkswagen has yet to reveal a plan to fix its vehicles. The company has said it is working to “eliminate these (emissions) deviations through technical measures.”

The Hajj Horror in Saudi Arabia

Posted on by

One of the 5 pillars of Islam requires those that can make to journey to do so. It is a 5 day event with rituals attached.

There is a stoning ceremony and the whole annual event cost Saudi Arabia over a billion dollars to the bridge to the pilgrims for the stoning ceremony.

Hajj stampede

FNC: Saudi Arabian authorities said Thursday that at least 717 people were killed and hundreds of others were injured in a stampede near the Muslim holy city of Mecca, where an estimated 2 million people are undertaking the traditional hajj pilgrimage.

Reuters, citing Saudi state television, reported that the stampede took place in Mina, a tent city located approximately three miles east of Mecca itself. The area is on the main road from the center of Mecca to the Hill of Arafat, revered by Muslims as the place where Muhammad gave his farewell sermon to Muslims who had accompanied him to Mecca near the end of his life.

Photos released by the Saudi civil defense directorate on its official Twitter account showed rescue workers in orange and yellow vests helping the wounded onto stretchers and loading them onto ambulances near some of the white tents.

The circumstances of the stampede were not immediately clear. However, Thursday marked the Muslim holiday of Eid al-Adha, which is traditionally the most dangerous day of the pilgrimage because so many people attempt to perform rituals in the same place simultaneously.

There has been a history of crowd tragedies during the hajj, which every Muslim is required to complete at least once in their life.

In 2006, 364 pilgrims were killed in a stampede at the entrance to a bridge leading to the site in Mina where pilgrims carry out a symbolic stoning of the devil by throwing pebbles against three stone walls. In 2004, 244 people were trampled to death on the final day of the hajj ceremonies.

In the lead-up to this year’s hajj, at least 111 people are killed and scores wounded when a crane collapsed in bad weather and crashed onto the Grand Mosque in Mecca, Islam’s holiest site.

However, none of these tragedies comes close to matching the deadliest recorded accident during a hajj. That happened in 1990, when 1,426 were trampled or suffocated in a stampede in an overcrowded pedestrian tunnel leading to Mecca’s holy sites.

Obama Admin uses Corrupt Brookings Inst. as Foreign Lobby

Posted on by

There is some questionable history of the Brookings Institute:

Brookings had a cameo role in the Watergate saga. President Nixon reportedly told aides to rifle through the office of Brookings fellow Leslie Gelb, who had been a Department of Defense analyst with Daniel Ellsberg, who leaked the “Pentagon Papers” to the New York Times and the Washington Post. One version of events says the break-in was foiled when a Brookings security guard, Roderick Warrick, stopped two men with attaché cases who were trying to sneak into the building on a summer evening in 1971. Additionally, the President of Brookings and a board member is Strobe Talbott. 

Stobe has an interesting history that includes Russian spies, a long friendship with the Clintons and…. Bill Clinton and Strobe Talbott;
 The former president lived with the former deputy secretary of state and journalist when Clinton was a Rhodes scholar at Oxford University.

talbott clinton

Disclosure: Brookings Takes Millions from Foreign Governments
Documents reveal contributions from Qatar, UAE

FreeBeacon, Adam Kredo: The Brookings Institution, one of the country’s top left-leaning think tanks, has for the first time admitted to Congress that it receives millions of dollars every year from foreign governments, including Qatar and the United Arab Emirates, according to official disclosure forms obtained by the Washington Free Beacon.

The disclosure of these figures comes as a result of a recently implemented federal law mandating that those who testify before Congress reveal any potential conflicts created as a result of funding by foreign entities.

Brookings has come under intense scrutiny by reporters and others for not fully disclosing the large amounts of cash it receives from Middle Eastern governments.

The practice has led some to accuse Brookings and its most prominent scholars of pushing biased analyses aimed at making these foreign governments look good. The think tank’s relationship with Qatar has received particular attention due to the Middle Eastern country’s close relationship with the terrorist group Hamas and its ongoing funding of various terrorist entities.

The disclosure form, which is presented to Congress before an individual testifies, reveals that Brookings received nearly $15 million from the Embassy of Qatar between 2013 and 2015. Brookings also maintains a facility in the Qatari capital of Doha, where Hamas is known to operate freely.

The think tank received another $1,920,000 from the Embassy of the United Arab Emirates between those same years.

Several million dollars also have been donated over those years by the Norwegian and Swedish governments. U.S. Central Command (CENTCOM) also donated more than $250,000 to Brookings.

These disclosures came as a result of a Sept. 17 congressional hearing at which Suzanne Maloney, a Brookings senior fellow, offered testimony on Iran’s relationship with the terrorist group Hezbollah.

The forms further reveal that, in addition to the millions in foreign donations, Brookings has received federal grants.

Both the foreign donations and federal grants “were for independent research and analysis related to an number of subject matters,” according to Maloney. A “portion” of these funds may have been “related to the hearing,” which discussed the ways in which Hezbollah stands to profit from Iran in the wake of the recent nuclear deal.

When questioned about the foreign donations by the New York Times last year, Martin Indyk, a Brookings scholar who has also worked with the Obama administration, defended the practice and maintained that it does not bias his views.

“Our business is to influence policy with scholarly, independent research, based on objective criteria, and to be policy-relevant, we need to engage policy makers,” said Indyk, who reportedly received a $14.8 million check from Qatar.

Many experts have refuted Indyk’s claim and accused Brookings and Indyk of ignoring a clear conflict of interest.

“When an American think tank like Brookings accepts money from Middle Eastern regimes that sharply restrict free speech, it is saying it doesn’t care that its scholarship on the Middle East might at least appear to be compromised,” said Lee Smith, a senior fellow at the Hudson Institute who has reported on Brookings’ funding. “It is saying it doesn’t care that there is at least the appearance if not the reality of a very obvious conflict of interest.”

This appearance of a conflict became acute when Indyk was selected by the Obama administration to mediate peace between Israel and the Palestinians, Smith said.

“The problem was further compounded when the Obama White House named Martin Indyk to serve as envoy to a peace process between two actors, Israel and the Palestinian Authority, that are both at war with Hamas—a terrorist organization that, like Brookings, is funded by Qatar,” Smith said. “That neither Indyk nor Brookings nor the White House ever saw this as a conflict of interest is evidence of an arrogance beyond compare.”

Josh Block, CEO of the Israel Project, said the new disclosure rules are necessary for transparency.

“The reason we supported this rule change is because the American people deserve to know what foreign governments are paying to influence U.S. policy by funding these ‘independent experts’ to the tune of millions of dollars—especially countries like Russia or Qatar with  long, sordid records of mischief or supporting terrorism against Americans and our allies and of rank hostility toward Israel,” Block said.

“Until now, the potential foreign financial conflicts of interests and the motives of those funding the experts testifying was totally hidden from view,” Block said. “This kind of transparency is good governance. We applaud those in Congress who adopted this rule for matters of foreign affairs and national security and would like to see its expanded use in other committees in both the House and Senate.”

Brookings did not respond to a request for comment on its foreign funding.

Secret Iran Nuclear Inspections, a Proven Fraud

Posted on by

The lies began in the White House with regard to the anytime any location inspections.

John Kerry is defending the IAEA and Iran fraud on the Parchin inspection that occurred last week.

Washington (CNN) The Obama administration is acknowledging that Iranians would be involved in inspections of the sensitive Parchin military site under a draft arrangement with the U.N., but officials are stressing that they are not the only ones who would be investigating the Iranian location long believed to have hosted covert militarized nuclear activity.

A senior State Department official said that the U.N. nuclear watchdog, the International Atomic Energy Agency, or IAEA, would have “total oversight” of sampling and inspections of Parchin under the agreement between the agency and Iran over access to the site.

“Iran is not self-inspecting,” the official said, though this official would not deny that Iranian inspectors will “play a role.”

It seems likely that IAEA staff would either be present or watching via video camera when the Iranians take samples from the site, a practice that the international nuclear agency has used in previous inspections agreements.

A senior administration official, meanwhile, said that while Iranians may be taking the samples at Parchin, individuals from other countries will be a part of their analysis. The official noted that the arrangement satisfies the demands of the IAEA. More details here.

What the secret nuclear inspection accord between Iran and the UN says _ and what others say

By GEORGE JAHN, Associated Press

VIENNA (AP) — An AP report has revealed that the U.N. International Atomic Energy Agency has agreed with Iran that Iranian experts and equipment will be used to inspect Iran’s Parchin military site, located not far from Tehran, where Iran is suspected of conducting covert nuclear weapons activity more than a decade ago.

Here are some questions and answers about the document, and what it means for the larger deal between Iran, the United States and five other world powers to limit Iran’s nuclear activities in exchange for easing sanctions against Iran.

WHAT HAVE IRAN AND THE IAEA AGREED?

According to a draft document viewed by AP, Iran has agreed to cooperate with the U.N. in answering longstanding allegations about possible past work to develop nuclear weapons at its Parchin plant — but only with the Iranians conducting the inspections themselves. Iran would collect its own environmental samples on the site and carry out other work usually done by IAEA experts. The IAEA will be able to review the Iranians’ work after the fact. The deal on Parchin was between the IAEA and Iran. The Obama Administration was not a direct party to the agreement, but apparently was aware of it.

___

WHAT DO OPPONENTS OF THE DEAL SAY?

Opponents of the broader deal are seizing an opportunity to say the entire exercise of negotiating with Iran is flawed, that it relies too much on trust of the Iranian government.

___

WHAT DOES THE OBAMA ADMINISTRATION SAY?

The Obama administration and other supporters say the wider agreement say it is focused on the future, with ample inspections, and that the side accord between Iran and the IAEA is focused on Iran’s activities in the past and therefore is not central to the overall deal.

___

HOW UNUSUAL IS THE AGREEMENT ON PARCHIN?

Any IAEA inspection of a country suspected of nuclear irregularities is usually carried out by agency experts. They may take swipes of residue on equipment, sample the air or take soil samples in attempts to look for signs of clandestine work on atomic arms or other potentially dangerous unreported activity.

The document on Parchin, however, will let the Iranians themselves look for signs of the very activity they deny — past work on nuclear weapons. It says “Iran will provide” the agency with environmental samples. It restricts the number of samples at the suspect site to seven and to an unspecified number “outside of the Parchin complex” at a site that still needs to be decided.

The U.N. agency will take possession of the samples for testing, as usual. Iran will also provide photos and video of locations to be inspected. But the document suggests that areas of sensitive military activity remain out of bounds. The draft says the IAEA will “ensure the technical authenticity of the activities” carried out by the Iranians — but it does not say how.

In contrast, the main nuclear deal with Iran gives IAEA experts greatly expanded authority compared to what it has now to monitor Iranian nuclear activities as it works to ensure that Tehran is hewing to its commitments; reducing the scope and output of programs that Iran says it needs to generate energy but which can also be turned to making the fissile core of atomic weapons.

___

WHY IS THE PARCHIN AGREEMENT IMPORTANT?

Any indication that the IAEA is diverging from established inspection rules could weaken the agency, the world’s nuclear watchdog with 164 members, and feed suspicions that it is ready to overly compromise in hopes of winding up a probe that has essentially been stalemated for more than a decade.

Politically, the arrangement has been grist for American opponents of the broader separate agreement to limit Iran’s future nuclear programs, signed by the Obama administration, Iran and five world powers in July. Critics have complained that the wider deal is built on trust of the Iranians, while the administration has insisted it depends on reliable inspections.

The separate agreement on past nuclear activities does not affect the broader deal signed in July. And it doesn’t appear yet that the revelation will change any votes in Congress for or against a resolution of disapproval, which President Barack Obama is expected to veto if it passes.

___

HOW DID THIS AGREEMENT HAPPEN?

It could be a matter of priorities.

The Obama administration’s main focus in the broader Iran deal — signed by the U.S., Iran, Britain, France, Germany, Russia and China — is crimping Iran’s present nuclear activities so they cannot be used in the future toward making a bomb. Faced with more than a decade of Iranian resistance to IAEA attempts to probe the allegations of past weapons work at Parchin, there may be a willingness to settle for an agency report that is less than definitive — and methods that deviate from usual practices.

The IAEA also appears to have recognized that Iran will continue to insist the allegations are lies, based on false U.S., Israeli and other intelligence. After a decade of stalemate it wants to close the books on the issue and allow the U.N. Security Council to do so as well.

The alternative might well have been no inspection at Parchin any kind.

___

WHAT DOES THE IAEA SAY?

Director General Yukiya Amano says, “The arrangements are technically sound and consistent with our long-established practices. They do not compromise our … standards in any way.” He says agreements with Iran on clearing up the nuclear arms allegations “are confidential and I have a legal obligation not to make them public – the same obligation I have for hundreds of such arrangements made with other IAEA member states.”

___

WHAT DO OTHERS SAY?

Ned Price, spokesman for the National Security Council at the White House: “We are confident in the agency’s technical plans for investigating the possible military dimensions of Iran’s former program, issues that in some cases date back more than a decade. Just as importantly, the IAEA is comfortable with the arrangements, which are unique to the agency’s investigation of Iran’s historical activities.”

Olli Heinonen, in charge of the Iran investigation as IAEA deputy director general from 2005 through 2010, says he can think of no similar arrangement — a country essentially allowed to carry out much of the probe of suspicions against it.

___

HOW CRUCIAL IS PARCHIN TO THE OVERALL DEAL?

U.S. intelligence officials do not consider the Parchin inspections a critical part of the broader deal, according to one official, commenting only on condition of anonymity because he was not authorized to be quoted. The U.S. believes most weapons work occurred there in 2003, the official says, and the site has been thoroughly cleaned up since then.

___

AP Intelligence Writer Ken Dilanian contributed to this report.

Why No Search Warrant for Hillary’s Mobile Devices?

Posted on by

The revelation that Hillary had her own email server was a shocker. Then the forced and scheduled production of those emails was another shocker as they were produced. The Trey Gowdy House Benghazi Committee being stonewalled by the Clinton camp and by the State Department was another shocker as compared with Hillary’s own false pledges of cooperation. Several outside organizations have been forced to file FOIA requests and then were forced to file lawsuits for production of those FOIA requests. This is coupled with the subpoenas from the Gowdy commission.

We hear about the server and the emails, but to date, it seems any request for search warrants has been nil. We cannot overlook the fact that Hillary also had and may still have 3 mobile devices, a Blackberry, and iPhone and an iPad. What about the electronic data on those devices or the meta-data trail to either back up the server data or perhaps in addition to that cache the FBI is investigating?

To date, the general conclusion is the FBI is protecting Hillary at the behest of the Justice Department, which hardly seems to be the case. The FBI has assigned their ‘A’ team to this mission and they have a multi-track objective that includes global cyber- espionage, hacking and a meticulous investigation to determine just how many laws were broken beyond the scope of the one or two prevailing violations of protecting classified material. It must be mentioned here that the FBI was also a recipient from the normal intelligence distribution list, so the FBI has their own record of transmissions that went to Hillary and other intelligence or national security personnel.

It would also be a good time as well to include the fact that the Chinese hacked the Office of Personnel management and was able to capture files of all security clearance employees which included Hillary. It is estimate that the OPM hack was determined to have occurred in June of 2014, a year or so after Hillary left her position as Secretary of State, but that OPM hack date is an estimate. Further the depths of the stolen electronic files are still being realized and those numbers are growing exponentially. Were they other known foreign hacks the FBI has open case files on, beyond the OPM intrusion?

This is an important and perhaps a top concern for the FBI, the NSA and associated cyber agencies to determine other possible foreign hacks into Hillary’s electronic files and those of her inner circle personnel. This could in fact be the single reason why the White House or the Obama National Security Council has chosen to defer answers and comments on the Hillary server-gate scandal to either the Department of Justice or the FBI. There is a high probability of a deeper and more threatening security condition of classified material. There could be the likelihood of other cyber intrusions being investigated by the FBI that have not been made public for which Hillary and her team may have been victims.

Anyway, this is hardly a matter that will be solved soon, yet it is a sure bet that almost daily more will bubble to the surface. Meanwhile, Politico has published a fairly good summary as to why Hillary and her lawyers are white knuckled and in panic mode at this moment.

One also cannot omit the entire notion that violations on behalf of Hillary, Bill, Jake Sullivan, Huma Abedin, Cheryl Mills and others at the Clinton Foundation or at the State Department could add to the building nightmares for those mentioned or for the Hillary legal team headed by David Kendall. Mixing government business with a private and global foundation where big big money moved back and forth could be the cherry on the banana split for this building scandal.

Hillary’s FBI nightmare

If the feds have Clinton’s personal emails, too, some of them are bound to come out — exactly as she feared.

The next question in the Hillary Clinton email matter is who will force the FBI to release any documents it may have retrieved from the 2016 presidential candidate’s homemade server — Congress or the courts?

The answer: A federal judge may decide to get aggressive and order the law enforcement agency to turn over any newly discovered records or at least preserve them pending further court action. But don’t expect congressional subpoenas to fly — or FBI director James Comey to get hauled to Capitol Hill anytime soon.

Key congressional committees investigating Clinton’s emails argue that the courts are better suited to force the release of federal documents. One GOP source familiar with the investigations said a congressional committee could “theoretically subpoena the FBI” to demand the contents of Clinton’s server, but judges are likely to wade into the issue first.

“I think the court is better positioned right now because of where the cases are in litigation,” the source said.

Court action, however, depends on the aggressiveness of federal judges who are now managing more than 30 Freedom of Information Act cases involving emails on accounts maintained by Clinton or her top aides.

The FBI has already rebuffed one judge’s effort to obtain messages the agency has recovered from Clinton’s server, prompting a stinging attack from Iowa Sen. Chuck Grassley, the Republican chairman of the Senate Judiciary Committee.

On Wednesday, key members of Capitol Hill expressed reluctance to dive in after a report surfaced that the FBI has successfully retrieved messages left on Clinton’s server. The FBI declined to confirm the Bloomberg report Wednesday.

House Benghazi Committee Chairman Trey Gowdy — a former federal prosecutor — made clear through a spokesman that he has no intention to cross swords with the FBI.

“Chairman Gowdy has not asked the FBI about its investigation into Secretary Clinton’s unusual and unprecedented email arrangement, nor has the Bureau offered a briefing to the committee,” Benghazi panel spokesman Jamal Ware said.

“The chairman believes the FBI is the nation’s premier law enforcement agency and he is not willing to comment on its ongoing investigation into the mishandling of classified information in connection with Secretary Clinton’s server.”

Grassley said he was concerned by anonymous leaks cited in the Bloomberg story, noting that the FBI has not responded to congressional inquiries about the investigation.

“You know it is getting a little absurd when someone at the Justice Department is apparently leaking details to the press about an investigation that the department officially refuses to admit to Congress that it is conducting,” Grassley said.

“In light of the details reported in the media, the committee will be seeking more information about the State Department’s attempts to regain possession of the email records that should have remained at the State Department in the first place. The FBI should also provide clarity on how it will handle the emails now that they have been recovered from the server.”

Senate Homeland Security and Government Affairs Committee Chairman Ron Johnson (R-Wis.) said he was “hopeful” that the results of the FBI inquiry will be made public. He promised to press his own inquiry but offered no specifics.

Regardless of what Congress decides to do, Hillary Clinton’s decision to have a tech firm she hired turn the server over to the FBI last month at its request greatly raises the potential that messages she has claimed to be private will eventually make it into the public domain, lawyers tracking the case said. Clinton has said that she had tens of thousands of emails deleted after determining that they contained personal information, but now the FBI appears to have at least some of those in its possession.

“This is enormously significant,” said Dan Metcalfe, a former top Justice Department official handling disclosure issues. “It’s one thing for the bureau to have taken control of the server itself, and when you add to that their technical capabilities to glean information from it, if there is information there that transcends what [Clinton] furnished to State, I think the odds are exceedingly high that that at least some if not all of that information will ultimately enter the public domain.”

While State and the National Archives have determined that about 1,500 of the 30,000 emails Clinton turned over last December are entirely personal records, that determination won’t render those messages or others entirely and indefinitely off limits under the Freedom of Information Act if they turn up in the FBI’s files after being extracted from Clinton’s server, Metcalfe said.

“Those are no longer merely personal records,” said Metcalfe, a former director of Justice’s Office of Information & Privacy who now teaches law at American University. “Anything that the bureau pulls off that server, old messages, new messages, Hillary’s allegedly personal messages, Hillary’s admittedly official records is now an agency record of the bureau’s law enforcement activities.”

Metcalfe said those records could be withheld by the FBI, but once its investigation ends, the documents would have to be processed if requested. That could lead to messages State viewed as entirely personal being published at least in part, he added.

Meanwhile, action continues in the courts. On Monday, the FBI turned down U.S. District Court Judge Emmet Sullivan’s invitation to explain where its investigation stands. The response led Grassley to blast the FBI for “behaving like it’s above the law.”

Sullivan has not yet signaled what other steps he will take, if any. The plaintiff in the case, the conservative group Judicial Watch, could ask the judge to issue a subpoena to the FBI for relevant records. It would be an unusual step and likely lead to legal fireworks.

“A subpoena served upon the FBI will be resisted by the U.S. attorney’s office,” predicted former federal magistrate John Facciola.

At a hearing earlier this month in another case, U.S. District Court Judge Reggie Walton seemed uncomfortable with the idea that Clinton and her attorneys had the final call in determining that over 31,000 emails from her private account were purely personal.

“We’re not sure exactly what type of evaluation was made of that 31,000 messages,” the judge said.

Clinton’s lawyers have argued that government employees generally have the right to determine whether emails or other records are personal and delete them. The Justice Department backed Clinton — to a point — in a recent legal brief, while stopping short of saying that a former government employee such as Clinton has the right to independently make such a determination nearly two years after leaving the government.

Walton said the scenario that played out doesn’t really fit others the courts have previously addressed.

“This is sort of a unique situation,” the judge said. “The State Department never had possession of these records.”

Still, not all judges may be interested in delving into any Clinton files now in the possession of the FBI, particularly if it appears Congress is punting the issue to the courts.

“Congress has different and more powerful ways to obtain information from the State Department than a FOIA plaintiff,” Judge Rosemary Collyer wrote in an order Monday rejecting one group’s arguments that it needed prompt access to Clinton-related emails to aid Congress in getting to the bottom of the Benghazi attacks.

Another challenge for Congress is that it could be disturbing precedent by trying to bring in an outside party to verify that Clinton has turned over all her official emails or even those relevant to the Benghazi attacks. Usually, the recipient of a subpoena turns over what he or she deems responsive, not a broader set of records for someone else to review. “The way we’ve always had is a process of self-production,” Facciola said.

In cases involving search warrants for electronic records, courts have sometimes appointed magistrates to go through the records and sift out what law enforcement really needs. But the question these days is more often about how the computer that does the sorting should be programmed and who gets to decide that.

“That’s the real battle going on,” Facciola said. “Oftentimes, the technicians who create these programs don’t even agree on one methodology. … How do you separate the wheat from the chaff?”