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(Bill) Clinton v Jones was a landmark Supreme Court Case decision that decided that a sitting President of the United States has no immunity from civil law litigation, in federal court, against him or her, for acts done before taking office and unrelated to the office. In particular, there is no temporary immunity, so it is not required to delay all federal cases until the President leaves office.

On November 4th, 2016, just days before the 2016 Presidential Election, Souraya Faas filed a case against Hillary Clinton in the United States District Court for the Southern District of Flordia. The complaint alleges that Hillary Clinton is not eligible to be President of the United States. (Read the full complaint at the end of this article)

Due to Clinton v Jones due to the nature of the case, it was extremely important to get H. Clinton served before becoming President. On November 8th, 2016 the plaintiff attempted to serve (by proxy through a process server) Hillary Clinton at her residence in New York. The process server was denied access and told to attempt service at the Clinton Foundation.

Since this was election night and they knew the importance of this they attempted to serve H. Clinton at the Javits Center where she was set to have her election night celebration. However when she chickened out due to her unwavering loss to Donald Trump they were unable to serve her.

Faas believes that she didn’t show up due to the fact that she was notified that she would be served. Avoiding service until after you think you will win the presidency. 1st Obstruction of Justice.


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This continued on for days. On the 11th they attempted service again this time a Secret Service Agent named Michael Barbash called up to the residence and directed the server to the Clinton Foundation telling them that is where they could serve them.

The process server having been appointed by the court is an officer of the court. The server then attempted to do what he was instructed and attempted service at the Clinton Foundation.

The Clinton Foundation then told the process server that she did not work at that address and could not be served there. At this point, the Secret Service Agent has lied on behalf of Clinton to an officer of the court. 2nd Obstruction of Justice. Also making false official statements to an officer of the court.



Obstruction of Justice is defined as: “Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsified, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under Title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.”

Now, this is where it gets really interesting. The DNC then argued the case was moot because Clinton was not going to be president. However, the court then found enough evidence to believe that Secretary Clinton would run for federal office in the future and said the case was not moot and would proceed.

The lower court has dismissed the case on a technicality.  The appeals court says they will hear the case should Clinton decide to run for public office ever again.



Court Documents:

Intial Filing

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Hillary Clinton Summons

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Appeals Judgement

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