Democratic presidential candidate Hillary Clinton violated government policies regarding her email use, according to a federal judge. Clinton used a private server for her government email account while working as secretary of state.

“We wouldn’t be here today if the employee had followed government policy,” said U.S. District Judge Emmet Sullivan. The judge made the statement during a hearing on Thursday for a Freedom of Information Act (FOIA) lawsuit against the State Department. Sullivan noted that Clinton’s server and thumb drive will be implicated in several suits related to the Clinton email scandal.

The State Department was ordered by Judge Sullivan to contact the FBI to determine whether any records related to the FOIA suit exist on Clinton’s server and thumb drive. Sullivan also questioned whether the company handling Clinton’s email server had copies of her emails. Although he wanted the State Department to ask Clinton about it, the inquiry was never officially ordered.

Clinton still refuses to address the scandal head-on and nonchalantly brushes off any question or comment about it as a joke. She’s making a mistake. The email scandal is hurting Clinton more than she realizes. She’s slipping in the polls, and Americans increasingly view her as untrustworthy.