new york second federal judge take rare step allow group sue record hillary clinton time u.s. secretary state seek swear testimony officials say evidence government wrong-doing bad faith language judge royce lamberth order undercut democratic presidential contender assertion allow set private email server home work country top diplomat arrangement particularly unusual describe clinton email arrangement extraordinary order file tuesday federal district court washington refer state department clinton clinton aid say constantly shift admissions government former government officials spokesmen clinton immediately respond request comment case civil matter order add legal uncertainty overshadow clinton campaign democratic nominee nov. presidential election fbi also conduct criminal inquiry arrangement emerge classify government secrets end clinton unsecured email account clinton say think charge crime lamberth order grant request judicial watch conservative watchdog group sue department open record laws gather evidence include swear testimony group file several lawsuits include one seek record 2012 attack benghazi libya kill u.s. ambassador christopher stevens three americans evidence government wrong-doing bad faith limit discovery appropriate even though exceedingly rare foia freedom-of-information case lamberth note order government normally give benefit doubt properly search produce record since email arrangement come public knowledge year ago state department find defend clinton score lawsuits group individuals news outlets say wrongly deny access clinton federal record clinton leave department 2013 return email record government nearly two years late last month judge emmet sullivan oversee separate judicial watch lawsuit clinton-related record allow similar motion discovery story refiles fix date presidential election paragraph second judge say clinton email setup may 'bad faith