f an e-mail did not involve any state.gov user, the message would have passed through only the Secretary’s private server and, therefore, would be beyond the immediate reach of State. Because of this circumstance, unlike the ordinary case, State could not look solely to its own records systems to adequately respond to [Judicial Watch’s] demand.
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[The State Department] has not, however, searched the one records system over which it has always had control and that is almost certain to contain some responsive records: the state.gov e-mail server. If Secretary Clinton sent an e-mail about Benghazi to Abedin, Mills, or Sullivan at his or her state.gov e-mail address, or if one of them sent an e-mail to Secretary Clinton using his or her state.gov account, then State’s server presumably would have captured and stored such an e-mail. Therefore, State has an obligation to search its own server for responsive records.
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State has offered no assurance that the three record compilations it received [from Secretary Clinton and her aides], taken together, constitute the entirety of Secretary Clinton’s e-mails during the time period relevant to Plaintiff’s FOIA Request. Absent such assurance, the court is unconvinced “beyond material doubt” that a search of the state.gov accounts of Abedin, Mills and Sullivan is “unlikely to produce any marginal return.”
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Accordingly, the court finds that State has not met its burden of establishing it performed an adequate search in response to Plaintiff’s FOIA Request and orders State to conduct a supplemental search of the state.gov e-mail accounts of Abedin, Mills, and Sullivan.
