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GOP Leader Demands DOJ Appoint Special Counsel to Monitor Clinton Email Investigation

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Sen. John Cornyn (R., Texas) / AP
September 15, 2015

Senate Majority Whip John Cornyn (R., Tex.) is demanding Attorney General Loretta Lynch appoint a special counsel to oversee the investigation into Hillary Clinton’s personal email system.

In a letter to Lynch on Tuesday, Cornyn charged that Clinton’s exclusive use of a personal email account while serving as secretary of state in the Obama administration "limited the public accountability on which our government depends and put our national security at risk." He also accused Clinton of deliberately "keep[ing] information from the public."

"Secretary Clinton’s misconduct is evident, and her intent--since the beginning of her tenure as Secretary of State--to keep information from the public is clear. The present circumstances surrounding her use of a private email server during her tenure as Secretary of State could not be more extraordinary, nor the conflicts greater. Americans deserve the assurance that justice--and justice alone--is being pursued," Cornyn wrote.

In the letter, Cornyn, a member of the Senate Judiciary Committee, described Clinton’s claims that she never sent nor received information marked classified as "untrue." Indeed, multiple intelligence agencies have confirmed that at least two of the emails contained on Clinton’s personal system hold top secret information that was classified at the time the messages were sent.

"The Attorney General has a special duty to pursue justice even when political considerations run counter to doing so," Cornyn wrote. "Department of Justice (DOJ) regulations provide that you may appoint a Special Counsel if you believe a criminal investigation is warranted and there is a conflict of interest for the DOJ or if ‘extraordinary circumstances’ warrant the appointment."

As the FBI continues its investigation into the security of Clinton’s server, multiple congressional committees are probing the controversy surrounding Clinton’s use of private email.

The chairs of the Senate Judiciary and Homeland Security Committees are trying to question a former Clinton aide at the State Department, Brian Pagliano, who set up her private server in 2009. Pagliano was subpoenaed to testify before the House Select Committee on Benghazi earlier this month but asserted his Fifth Amendment right against self-incrimination.

Clinton herself is scheduled to appear before the Benghazi committee on Oct. 22 where she will likely succumb to inquiries about her personal email.