The lawyers and judges involved in Tuesday’s hearing did not mention Flynn by name, reports Politico, but the Clinton dispute and the Flynn case involve the legal mechanism of mandamus, defined as an order for a public agency or government body to perform an act that is required by law when it has neglected or refused to do so.
Tuesday’s arguments on Clinton’s email case went on for more than an hour and a half, with two judges suggesting that Clinton may face a tough battle, because mandamus is rarely granted.
Meanwhile, Ramona Cotca, an attorney for Judicial Watch, accused Clinton and her longtime aide Cheryl Mills of trying to “short-circuit” the process by using mandamus, the “most potent weapon in the judicial arsenal.”
Clinton’s attorney David Kendall argued, though, that Clinton and Mills turned over tens of thousands of messages and had no more left. Kendall also said Judicial Watch’s real purpose for the depositions was “harassment.”
“It’s the creation of video footage that can be used for partisan, political attack ads,” he said. “It’s social media fundraising.”
Cotca, however, said a subpoena to Google in March turned up about 260 Clinton emails dating back to 2010, showing that keeping up the hunt may turn up more documents.
The Justice Department Monday endorsed Flynn’s mandamus petition to stop his prosecution but has not responded after Clinton and Mills filed petitions to block their depositions, notes Politico.
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