State Department attorneys argued in court documents filed Friday that Hillary Clinton should not have to submit for a deposition about her private email use and pushed for a delay in the judge's decision on whether the former secretary of state should be questioned.
The motion marked the second time this week lawyers have pushed back against a request by conservative group Judicial Watch to interview Clinton under oath. Judicial Watch brought the suit after the agency stonewalled a Freedom of Information Act request for personnel files related to Huma Abedin, one of Clinton's top aides.
State Department lawyers said Clinton did not set up the controversial email network that landed her and a handful of her top staffers under investigation by the FBI.
Instead, the attorneys argued former President Bill Clinton was responsible for the server and noted Clinton was simply added to it.
"[F]ormer Secretary Clinton did not create a server or email system but instead simply received an account on the existing system of her husband's office," the agency said in court documents. "The details and circumstances of his office's creation of the server and email system are irrelevant to whether former Secretary Clinton or the State Department intended to deliberately thwart FOIA."
A federal court is set to hear arguments in the case Monday. A judge left the door open in May for Clinton to be compelled into a deposition if the six aides Judicial Watch was permitted to interview initially did not shed light on the origins of the server system.