http://www.politico.com/story/2015/09/hillary-clinton-fbi-emails-2016-213998 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.
By Josh Gerstein and Rachael Bade
09/23/15, 08:43 PM EDT
Updated 09/23/15, 10:22 PM EDT
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.
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http://www.politico.com/story/2015/09/hillary-clinton-fbi-emails-2016-213998#ixzz3mgPYJJmc
