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Democratic Congressman: Judge Should Decide Which Clinton Emails Are Public & Which Are Private

"I think there is a fair question when you used the bulk of your time on a private email server to have some neutral observer ... some individual judge that everyone trusts or something ... make a determination [as] to what is and what is not appropriately subject to public scrutiny."

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A Democratic congressman from Massachusetts said Tuesday that Hillary Clinton's emails should be sorted through by a "neutral observer," possibly a judge, to determine which are matters of public record and which are private.

Mike Capuano, speaking with local radio Tuesday morning, said he had "concerns" about Clinton's exclusive use of a personal email address during her tenure as the former Secretary of State.

"I have some concerns," Capuano told Boston Herald Radio, adding he didn't know all the details.

"We are talking about national issues and I think there is a fair question when you used the bulk of your time on a private email server to have some neutral observer -- not the U.S. Congress that's clearly going after a political witch hunt here -- but I don't know some individual judge that everyone trusts or something go through them and make a determination [as] to what is and what is not appropriately subject to public scrutiny," Capuano said.

Clinton turned over 55,000 pages of emails to the State Department in December of 2014 at the department's request. Clinton's office decided which emails were official records and which were personal in nature and turned over the official ones for preservation. Clinton's personal server was then wiped clean, her lawyer recently told the Benghazi Committee.

"I'm not interested in her personal life or the life between her and her husband, but that was her choice," added Capuano, saying his public email was all in one place.

"I use my campaign email for campaign related purposes. First of all the law requires it, and second of all it's appropriate. I know that my email, I actually don't know how public it is but I assume it is and therefore my email is used for me and my staff and that's really about it. As I have two offices obviously and I have to keep in communication with everybody. And that's really about it. At some point if somebody needed to see what I was doing officially for some sort of legal requirement, it's all in one place."

Andrew Kaczynski is a political reporter for BuzzFeed News and is based in New York.

Contact Andrew Kaczynski at andrew.kaczynski@buzzfeed.com.

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