Hillary Clinton’s lawyers will appear before a federal judge on Monday morning in hopes of keeping the presumptive Democratic nominee from being forced into a sworn, videotaped testimony about her private email server. But Clinton’s lawyers are treading carefully so as to keep her options open if things don’t go as planned.
The former secretary of state’s legal team has already laid the foundation for a potential appeal that may allow Clinton to delay a deposition for weeks, months or even after November’s election.
In a filing to District Court Judge Emmet Sullivan, David Kendall, Clinton’s lawyer, wrote, “For the sake of preserving any and all rights, counsel to Secretary Clinton respectfully submit that discovery is unwarranted in this case as a general matter.”
Kendall’s language is meant to keep Clinton’s options open, so that she may attempt to block a U.S. Court of Appeals deposition if Sullivan orders one.
While legal experts say Kendall’s move is a smart one, it also infers that her legal counsel isn’t completely confident the argument would prevail.
Sullivan, who was appointed by former President Bill Clinton, has been very critical of the presumptive Democratic nominee’s handling of her emails. He approved depositions for several of Clinton’s aides in May, and last August, said it was her “violation of government policy” that led to the email scandal.