A bid to block her deposition shares legal tactic with Michael Flynn’s move to shut down his prosecution.
As a federal appeals court grappled on Tuesday with a politically charged dispute that long ago faded from the headlines, one of the most urgent and politically polarizing legal fights of the moment seemed to lurk just below the surface.
None of the lawyers or judges explicitly mentioned Flynn on Tuesday, but as the participants jousted over Clinton’s request, at least some seemed to be offering arguments shaped by the blockbuster fight over the attempt to unwind the guilty plea that Flynn offered to special counsel Robert Mueller’s prosecutors more than two years ago.
Justice Department attorney Mark Freeman was vague on Tuesday about exactly why it wasn’t backing Clinton’s move, but suggested that the rare rebuke to a judge was appropriate only in truly exceptional cases. In a court filing in April, Freeman offered a bit more explanation about why the Justice Department wasn’t coming to Clinton’s rescue as it had for Trump, Commerce Secretary Wilbur Ross and, earlier, Cheney.
“Mandamus is an extraordinary remedy,” said Judge Nina Pillard, an appointee of President Barack Obama. Beyond the mechanism of the appeal, there are other tangled connections between the Clinton and Flynn cases. The jurist at the center of the Flynn showdown, Judge Emmet Sullivan, memorably excoriated Clinton over her use of the private email account and ordered earlier depositions on the issue, including one given by Mills in May 2016 in the midst of the presidential campaign.
“The real purpose of the depositions is harassment,” Kendall said. “It’s the creation of video footage that can be used for partisan, political attack ads. It’s social media fundraising.” Of the three judges, Wilkins sounded weariest of the Clinton email saga and most eager to bring it to a close.
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