An Obama-appointed federal judge tossed out a lawsuit against Hillary Clinton that alleged negligence in her email security was the cause of two Americans’ deaths in the 2012 attack on the U.S. diplomatic compound in Benghazi, Libya.
U.S. District Court Judge Amy Berman Jackson, appointed by former President Obama in 2010, concluded that Clinton used her email in the course of her official duties and dismissed the wrongful death portion of the suit on technical grounds, according to a report by Politico.
Lawyer Larry Klayman filed the lawsuit last August on behalf of the Smith and Woods families against Mrs. Clinton last August in D.C. federal court alleging she caused their sons’ deaths, Sean Smith and Tyrone Woods, by discussing sensitive State Dept. matters over an insecure, nongovernmental email system while secretary of state, supposedly providing terrorists with information used to plot the Sept. 11, 2012 ambush, according to the lawsuit. They claimed Clinton lied when she allegedly told them it was a YouTube video that prompted the consulate attack.
“The untimely death of plaintiffs’ sons is tragic, and the court does not mean to minimize the unspeakable loss that plaintiffs have suffered in any way,” Judge Jackson said.
At the same time, “Secretary Clinton was acting in her official capacity when she used her private email server to communicate with State Department personnel about State Department business,” Said Judge Jackson.
Jackson ruled the parents didn’t sufficiently challenge that Clinton wasn’t acting in her official capacity when she used the private server, and that the families didn’t put forward appropriate claims that Clinton defamed them or put them in a false light.
Jackson also dismissed defamation claims made in the lawsuit.
“Secretary Clinton did not refer to plaintiffs as liars,” Jackson noted. “Plaintiffs may find the candidate’s statements in her own defense to be ‘unpleasant or offensive,’ but Secretary Clinton did not portray plaintiffs as ‘odious, infamous, or ridiculous….’ To the contrary, the statements portray plaintiffs as normal parents, grieving over the tragic loss of their loved ones.”
A lawyer for the plaintiffs did not immediately react to the ruling, and an attorney for Mrs. Clinton declined to comment, Politico reported Friday.
Both parents have been outspoken against Hillary Clinton.
Smith said during the Republican National Convention in July, “I blame Hillary Clinton personally for the death of my son.”
Four Americans in total were killed on Sept. 11, 2012 after terrorists stormed the U.S. consulate in Libya, including CIA operative Glen Doherty and U.S. Ambassador Christopher Stevens in addition to Smith and Woods.