Wrongful death lawsuit dismissed against Hillary Clinton

SAN DIEGO (KUSI) — A federal judge has dismissed a lawsuit against former Secretary of State Hillary Clinton in connection with the 2012 attack on a diplomatic compound in Libya.

Four Americans were killed, including State Department Employee Sean Smith, who grew up in Clairemont.

Hillary Clinton’s use of a private email server was brought up again as part of this lawsuit brought by two grieving parents who lost their songs in the Benghazi attack.

It’s been almost five years since a mob of extremist Islamic militants attacked the U.S. Diplomatic Outpost in Libya, killing Pat Smith’s 34-year-old son Sean, an informant specialist for the state department.

Three other Americans, Glen Doherty and Tyrone Woods, CIA contractors, and Ambassador Christopher Stephens were also killed in the fiery attack.

Since then, the mother of Sean Smith has not held her fire, or her words, about the person she holds responsible for the death of her son.

The lawsuit filed last year by Pat Smith and the father of Tyrone Woods claims that then Secretary of State Clinton caused the deaths in Benghazi by her use of a private email server. The suit said that allowed sensitive information to be exposed to terrorists.

On Friday, U.S. District Judge Amy Berman Jackson dismissed the lawsuit. Although she described the loss of their sons as tragic, the judge said the parents did not present sufficient facts to show that Clinton was not acting within the scope of her duties as Secretary of State. 

In another claim, the parents said they were defamed by Mrs. Clinton in statements she made as secretary and on the 2016 campaign trail.

Pat Smith said there’s no doubt in her mind that Clinton tried to portray her as a liar, but the judge concluded that Mrs. Clinton’s public statements that the families were wrong about the motivation for the attack did not meet the legal standards of defamation.

Smith, who held the national spotlight at last summer’s Republican National Convention is not backing down.

On this holiday of remembrance, she said she remains true to the memory of her son, a man who took pride in his job and loved the country he served.

In her written opinion, the judge made it very clear she was not making any determination about the private email server and whether it was used legally or not.

The inquiry centered strictly on whether Mrs. Clinton’s email communications fell within her official duties. The attorney for Pat Smith and Charles Wood blasted the decision as, "simply dishonest and an outrage." 

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