Hillary Clinton Defaults in Benghazi Wrongful Death Lawsuit

New Orleans Federal Court

Ehline Law at court in NO

Hillary Clinton declared in default for the wrongful death claim made by Benghazi parents, said a court clerk Friday. The presidential nominee has not answered the suit since served. Although she is not qualified to hold a low-level security clearance, or serve in the U.S. military for violating the terms and conditions of her State Department NonDisclosure Agreement here, the DOJ has green-lighted her to continue running for president. But this was after a secret meeting between Bill Clinton, and the U.S. Attorney General.

Although the FBI admitted that Hillary lied to the American people over her private server and subjecting state secrets and lives to death, the FBI decided she did not break the law. Unfortunately, obstruction of justice charges over deleting Benghazi and other emails were not getting investigated. Hence, the FBI will not even be reviewing those charges till after the election. FBI Director Comey said:

“To be clear, this is not to suggest that in similar circumstances, a person who engaged in this activity would face no consequences,” “To the contrary, those individuals are often subject to security or administrative sanctions. But that is not what we are deciding now.”

How convenient is that?

At issue now is the civil claim called a wrongful death lawsuit related to the families of the Benghazi victims. Also at issue are claims for defamation, since Hillary accused the parents of lying when they merely repeated to the press what Hillary told them. Hillary told them the death was due to a Youtube Video. Furthermore, it is known that U.S. Marines and Navy Seals were on the way to rescue those Americans, but they were forced to turn back so as not to offend Muslims in Libya. (Sources 1, 2, 3). Hillary then blamed the attack on a Youtube video. Emails prove that Hillary knew it was not video but was instead a premeditated terrorist attack. When confronted about this lie, Mrs. Clinton said:

“What Difference Does, at this point does it make?”

Summons Refused

Court documents show the Secret Service agents and her aides declined to take the summons for the suit. However, she is legally served as a matter of law. Hence, by law, she had to file an answer. An answer if how a defendant responds to a lawsuit in a court case. Failing to abide by the law by responding, means the court can enter a judgement against the non-complying defendant. Of course, this is not the first time Hillary has refused to obey the law. But so far, she is so politically connected she has escaped justice. Let’s see if the judge lets her off.

The Wrongful Death and Defamation Complaint

Two parents filed the lawsuit who lost sons in Benghazi during the 2012 terrorist attack. Patricia Smith and Charles Woods say their children died in the attack. During this time Clinton used a private email server. The lawsuit said the use of the private email server was dangerous. The server

“was directly and proximately caused, at a minimum.”

When talking about the deaths, the court document continues with:

“As a direct result of Defendant Clinton’s reckless handling of this classified, sensitive information, Islamic terrorists were able to obtain the whereabouts of Ambassador Christopher Stevens.”

It goes on to say:

“U.S. State Department and covert and other government operations in Benghazi, Libya. And subsequently, orchestrate plan, and execute the now infamous September 11, 2012, attack.”

Sean Smith and Tyrone Woods died with other men in Benghazi along with the American ambassador. Smith and Wood’s parents have been outspoken about their son’s deaths.

“I blame Hillary Clinton for the death of my son”

Smith said when she gave a speech at the Republican convention.

Wrongful Death is Defined Here in this video. It involves an unjustified negligent killing of another.

Defamation is discussed in this video here:

Legal Representation

Conservative watchdog groups Freedom Watch and Judicial Watch founder Larry Klayman said people do not allow a lawsuit to default. He said Clinton doesn’t care about their clients. He said this is saying:

“What difference does this lawsuit make?”

Smith and Woods seek unspecified damages from Clinton in the lawsuit. The suit also asks for a jury trial. The Clinton’s lawyers could seek an extension. This would delay the suit until after the election. Clinton still needs to answer the lawsuit. Otherwise, she could risk the judge a ruling in favor of Smith and Woods. The default can be set aside or the case dismissed with Clinton’s lawyer’s argument.

Clinton’s Statement

Clinton’s spokesman Nick Merrill made a statement.

“While no one can imagine the pain of the families of the brave Americans we lost at Benghazi. There have been nine different investigations into this attack. None found any evidence whatsoever of any wrongdoing on the part of Hillary Clinton.”

The case is before Senior U.S. District Judge Royce Lamberth. The case filed in relation to a federal records lawsuit. The other suit filed by Judicial Watch about Clinton’s private email server. Clinton’s lawyers can contest the wrongful death lawsuit. Since it is related to the Judicial Watch server case.

The court waits for a motion from either party. So far, the action has no immediate penalty. Klayman said the case is not for political reasons. The case won’t be decided until after the election, he said. Don’t we wish we were above the law like Hillary?

About Author

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Ehline Michael
Michael Ehline is a prolific blogger on California and international tort law. He has been a guest on CNN, discussed in major news publications like Forbes, Circle of Legal Trust, Personal Injury Warriors, and International Cruise Victims. He has lobbied congress on behalf of injured consumers, served as a United States Marine, and won millions of dollars for his clients. This blog discusses Ehline's insights and musings on all aspects of negligence law as it relates to all things "accidents." Ehline can be reached at (213) 596-9642.