"Here is the synopsis of the text:
The Treaty provides for a broad range of cooperation in criminal matters. Mutual assistance available under the Treaty includes obtaining the testimony or statements of persons; providing documents, records and other items; [etc., etc;] and any other form of legal assistance not prohibited by the laws of the Requested Party.
And guess who signed this treaty on Dec. 30, 1999? William J. Clinton
Im still reporting from Washington. Good day."
HA! LOVE IT!!!
"Four hostile newspapers," exclaimed Napoleon, "are more to be feared than a thousand bayonets" The newspapers stand between the governors and the governed.
In other words, this only applies to requests made by the official government, and not private individuals.
Article 3, Sections 1 & 2: 1. Each Party shall implement the provisions of this Treaty, including the making and receiving of requests, through its Central Authority.
2. For the United States of America, the Central Authority shall be the Attorney General or persons designated by the Attorney General. For the Russian Federation, the Central Authority shall be the Office of the Procurator General of the Russian Federation or persons designated by the Procurator General.
The request must be made by the Attorney General of the United States (Loretta Lynch).
Article 4, Section 1: The Central Authority of the Requested Party may deny legal assistance if:
(1) the request relates to a crime under military law that is not a crime under general criminal law;
(2) the execution of the request would prejudice the security or other essential interests of the Requested Party; or
(3) the request does not conform to the requirements of this Treaty.
Under Section 3, if the request is not made by Loretta Lynch, the Russians do not have to comply. That means any subpoena from any U. S. Court or any request from any person other than the Attorney General of the United States does not trigger the obligations of this Treaty unless attached to Ms. Lynch's written request pursuant to this Treaty.
Also, most importantly, under Section 2, the Russians can claim that production of materials they gained through the FSB or GRU "prejudices the security or essential interests of the Requested Party." Which I am sure they would claim. What country wants to disclose its intelligence assets and capabilities? Those are the very definition of "security or essential interests."
Article 4, Section 4: 4. If the Central Authority of the Requested Party denies legal assistance, it shall inform the Central Authority of the Requesting Party of the reasons for the denial.
Well, that is the interesting clause. If the Russians invoke Article 4 Section 1 (1) regarding security interests to decline any request, they will as much as admit that they have the e-mails, or some of them. Of course, they need not worry about this issue so long as Loretta Lynch is Attorney General of the United States, because she will never make that request. Nor will whoever is the AG under President Clinton.
Donald Trump's AG could make the request, but then I am pretty sure the Russians will invoke the security clause. They take their state secrets pretty seriously, and always have.
Russia doesn’t have them.
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