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.
CREW said Payton’s responses in her affidavit are “false and appear designed to mislead the court into believing that both discovery and any additional interim relief are unnecessary.”
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