On April 30, 2015, Judicial Watch sued former Secretary John Kerry after the State Department failed to take action on a letter sent to Kerry “notifying him of the unlawful removal of the Clinton emails and requesting that he initiate enforcement action pursuant to the [Federal Records Act],” including working through the Attorney General to recover the emails. After initially being dismissed by the district court, Judicial Watch’s lawsuit was revived on appeal by the U.S. Court of Appeals for the District of Columbia Circuit on December 27, 2016. The Federal Records Act states that an agency head “shall” initiate an action through the Attorney General when he becomes aware of any unlawful removal of agency records. |
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