The FBI has refused to comply with an order from Judge Emmet Sullivan that the agency work with the State Department to determine what, if any, emails could be discovered on Hillary Clinton’s private email server.
In a statement issue by FBI general counsel James Baker, the Justice Department refused to acknowledge the status on the ongoing investigation into the email server scandal.
Critics pointed out that the FBI’s stonewalling includes even the whereabouts of the server, which Hillary turned over to the government weeks ago.
The refusal sets up a potential three-way battle among the federal judiciary, the House Select Committee on Benghazi and the Obama administration in which the limits of constitutional power could be tested.