“This time, Hillary Clinton’s luck has run out,” declares Larry Klayman, a lawyer representing the parents of Tyrone Woods and Sean Smith. Pat Smith and Charles Woods have brought a wrongful death lawsuit against Clinton, claiming that her use of a private email server carelessly contributed to their sons’ deaths in Libya.
The suit claims that because Clinton refused to use the official email server provided by the United States government, “Islamic terrorists were able to obtain the whereabouts of Ambassador Christopher Stevens and thus the U.S. State Department.” The two sons, A U.S. Foreign Service member and a Navy Seal, died on the September 11, 2012 attack in Benghazi, Libya, when the U.S. consulate there was attacked and burned.
The parents claim that Clinton lied to them about the reasons for the attack, saying it was triggered by an anti-Muslim video. The official suit brings charges of defamation, wrongful death and intentional and negligent infliction of emotional distress.
A summons was issued to Clinton on August 9, 2016, but it was not known initially whether she received the summons or if it was properly served. Clinton has not responded to the lawsuit, even though Attorney Klayman says the summons was served. He reports that the usual 21 day extension for time has not been filed, nor a responsive pleading. He states that because of the neglect to respond, the court is “requested to enter a Default against Defendant Hillary Clinton.”
Hilary Clinton was later declared in default by the court clerk, which means that she was properly served and failed to respond to the summons. The declaration of default does not imply finding of liability in the case. The summons was later found to have been refused by Clinton’s campaign aids and Secret Service delegation.
The attorney for Pat Smith and Charles Woods questions Clinton’s motives on the matter. He states that most litigants do not allow a summons to go into default. In his opinion, the lawsuit about the loss of two sons makes little difference to Hillary Clinton.
Nick Merrill, a Clinton campaign spokesman, says that Hillary Clinton’s actions as secretary of state during the Benghazi attack have been investigated multiple times, including by a select House committee. None of the investigations found that Clinton guilty of any negligence of duty or wrongful death of the victims.
Hillary Clinton gave a statement about the parents’ public criticism of her actions concerning Benghazi on a Fox News Sunday broadcast. “My heart goes out to both of them,” She replied. She again reiterated that the families simply did not fully recall her statements to them, and that this was understandable, under the trying circumstances.
She did not refer to the wrongful death suit at that time.