All versions of indictments against Hillary Rodham Clinton, including but not limited to, Versions 1, 2, and 3 in box 2250 of the Hickman Ewing Attorney Files, the “HRC/_ Draft Indictment” in box 2256 of the Hickman Ewing Attorney Files, as well as any and all versions written by Deputy Independent Counsel Hickman Ewing, Jr. prior to September of 1996.
While there may be a scintilla of public interest in these documents since Mrs. Clinton is presently a Democratic presidential candidate, that fact alone is not a cognizable public interest under FOIA, as disclosure of the draft indictments would not shed light on what the government is up to.
[A]t the time Mrs. Clinton was being investigated by the independent counsel for making false statements and withholding evidence from federal investigators, she was First Lady of the United States. The alleged false statements and withholding of evidence also allegedly occurred while Mrs. Clinton was First Lady of the United States. The D.C. Circuit has found that, as First Lady of the United States, Mrs. Clinton was an officer of the United States, at least for purposes of the Federal Advisory Committee Act….
Obviously, making false statements and withholding evidence from federal investigators bears on Mrs. Clinton’s honesty, credibility, and trustworthiness, not only as First Lady, but also in her subsequent government service as a U.S. Senator and U.S. Secretary of State and for the position she currently seeks … The Archives’ assertions to the contrary are neither serious nor credible.
Finally, enormous amounts of grand jury information about the independent counsel’s investigation of the First Lady have already been made public and are widely available. The relevant section of the January 5, 2001 Final Report [by the independent counsel] – which, again, the D.C. Circuit approved for publication and which is readily available on the Government Publishing Office’s website – cites to, references, or quotes testimony from at least 25 grand jury appearances by 21 witnesses between 1995 and 1998… Once published, independent counsel reports effectively eliminate grand jury secrecy. Similarly, the 206-page “Summary of Evidence” produced by the Archives to Judicial Watch pursuant to a separate FOIA request also discloses even more grand jury information.