Payton, however, is increasingly coming under fire for the rationale she has come up with to explain the loss of the emails.
CREW filed a federal court motion earlier this month asking that Payton be held in civil contempt for knowingly submitting false, misleading and incomplete testimony in an earlier affidavit filed with a federal court on Jan. 15.
In that affidavit, Payton said she was unaware whether e-mails were properly archived.
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