> “So, the NYPD could have an image of the laptop.”
No, NYPD has the laptop. FBI has image on DVDs of outlook emails. This is the result a procedural process would take when two law enforcement groups are joined in an investigation.
Q posted a link to JW site of FBI letters/requests of Treasury and Clinton lawyer back and forth letters to DOJ.
http://www.judicialwatch.org/wp-content/uploads/2018/08/JW-v.-DOJ-02046-Hillary-R.-Clinton-Part-24-of-24.pdf
In particular page 17 to laptop source of DVDs.
There can be arguments as to whether this is accurate but understand importantly there were TWO investigations simultaneously, one by FBI, one by NYPD.
1. FBI classified emails by former Secy of State
2. NYPD Weiner pedophilia
The Weiner laptop tied at least two criminal investigations together.
The following is the logical explanation of what must happen in such an investigation involving two law enforcement groups.
It was NYPD that was called on Weiner’s sexting and it was FBI that joined NYPD asserting jurisdiction over Hillary emails and possible classified material.
The NYPD was required to respond to Weiner’s sexting allegation, they were required to obtain a warrant and search Weiner’s devices.
Physical custody of laptop stayed with NYPD for Weiner pedophilia investigation as there was much more than emails. Joint jurisdictional custody would have been understood and made formal between NYPD and FBI.
Reporters following FBI’s role in the Weiner incident wrote FBI seized Weiner’s devices. Yes and No. FBI was called when NYPD found Hillary emails with other notable persons nationwide/worldwide, jurisdiction went beyond city/state. Reporter was writing to the higher level enforcement body which would be the FBI.
FBI left laptop with NYPD for their criminal investigation and prosecution of Weiner. FBI took CDs/DVDs of files related to Hillary emails. FBI retained authority to access and inspect laptop at any time.
NYPD had to go to complete radio silence because possible high-level classified material on Weiner laptop.
NYPD was adamant that truth about Hillary come out and threatened to go public if Comey did not reopen Hillary email investigation.
This latter statement is important. NYPD had properly ceded jurisdiction of Hillary emails to FBI. NYPD’s focus was pedophilia, child trafficking. Why then did they threaten Comey regarding Hillary emails?
One plausible answer is they weren’t threatening to go public with Hillary ‘emails’. There were other materials on the laptop involving Hillary that were incriminating that they threatened to go public with. They thought Hillary should be stopped in the election because of what they saw. They knew Comey had the Hillary emails from Weiner’s laptop and appeared to be doing nothing with them in the final two weeks before the election. FBI had ordered NYPD to keep all matters under seal.
Otherwise, why should NYPD stick their nose in matters where FBI had control and jurisdiction?
If the NYPD made no attempt to call FBI attention to the matters of Hillary, future investigations, future hearings could hold NYPD as complicit or derelict. There is required reporting, there are ethical considerations that must be addressed. Career law enforcement know there must be a document trail absolving them of failing to report, failing to investigate, failing to carry out public duty. Their call to FBI was to make a record and to put the onus and responsibility squarely on FBI.
The above is consistent with the breaking news at the time. There was a lot of chatter in the initial timeframe tied to the incident. Radio silence came soon after with orders to seal the evidence except that NYPD could brief bureaus in general meetings of some findings in relation to pedophilia and child trafficking because they had responsibility to investigate along those lines.
Do not ask me for ‘proofs’. They do not exist in the public domain. The above is based on the procedural process with a reasonable presumption that NYPD followed procedure.
If you are attempting to uncover the underlying status of the investigation, you will be frustrated. Access is locked. However, you can get copies of procedures which are in the public domain and use the procedural handbook as a guide in what NYPD was required to do. Same with FBI. Using procedures and a timeline, you will be able to pinpoint where the gaps are and you will be able to intelligently impute things that must have occurred if procedures were followed. Your investigation will then have structure and you will be quicker to ascertain and estimate logical results.
FBI left laptop with NYPD for their criminal investigation and prosecution of Weiner. FBI took CDs/DVDs of files related to Hillary emails. FBI retained authority to access and inspect laptop at any time. (Im buying this. I think the NYPD never let the FBI have the computer because "they knew the feds were corrupt") NYPD had to go to complete radio silence because possible high-level classified material on Weiner laptop.
NYPD was adamant that truth about Hillary come out and threatened to go public if Comey did not reopen Hillary email investigation.
(makes perfect sense if you think FBI is corrupt)
This latter statement is important. NYPD had properly ceded jurisdiction of Hillary emails to FBI. NYPD’s focus was pedophilia, child trafficking. Why then did they threaten Comey regarding Hillary emails?
One plausible answer is they weren’t threatening to go public with Hillary ‘emails’. There were other materials on the laptop involving Hillary that were incriminating that they threatened to go public with. They thought Hillary should be stopped in the election because of what they saw. They knew Comey had the Hillary emails from Weiner’s laptop and appeared to be doing nothing with them in the final two weeks before the election. FBI had ordered NYPD to keep all matters under seal.
Otherwise, why should NYPD stick their nose in matters where FBI had control and jurisdiction?
Great post thanks!
Thanks.
I am looking for documentation.
I have that document you provided and I could not find in it where the laptop is housed.
As far as anyone knows, the laptop is housed at the FBI NYO field office 26 Federal Plaza, NY,NY, 10278, as of 10/30/2016, per attachment A of this Fed warrant: https://www.scribd.com/document/334943811/FBI-Search-Warrant-for-Anthony-Wiener-s-Laptop.
I could find no documentation that the laptop was transferred from this site.
Also note this - The 10/30/2016 warrant is limited to the clinton emails though the agent affidavit #6 admits to finding other emails out side of scope.
Now, if those emails were the pedophile stuff (who knows with the redactions), would they have acted on to ? or refer it to NYPD ? or both ?
It could play out as you envision it, but remember: Weiner went to jail on a Federal rap for sexting with a minor . Was the laptop used in the sexting ? who knows
The warrant is always addressed to “any authorized law enforcement officer” and in this case, via Section II of attachment “A” about who is authorized to review the devices.
It would seem NYPD would be authorized.
Should be interesting. I’ll keep plugging away.
I would think if there is “high level - classified” (meaning Federal) information on that laptop, it was already seized. I can’t see the FIB’s leaving highly classified materials in the NYPD’s hands. I would think the narrative would be the reverse; the NYPD has the DVD’s with the pedo crap pertinent to their investigations but everything else is in fedzilla hands. Just an opinion; no way to back that up.
very enlightening thread.
thanx for the input.
The problem I see here are the national security laws. My experience and limited knowledge is that - if there is classified material present on paper or in an electronic device - the FBI counterintelligence division MUST take possession of that material. To leave that classified material in possession of NYPD would allow potential unauthorized access to such privileged material.
The chain of custody in any prosecution under counterintel violations could present serious problems, not to mention the chance of unauthorized access or leaks by personnel of NYPD.
Still, as I say, it is not an area of expertise for me; I am just a long-time student of intel and counter-intel issues. I do seem to remember reading [source? credibility?] that Andrew McCabe took possession of Weiner's laptop at FBI HQ and sat on it for nearly a month... apparently prompted by Jas Comey to act, perhaps due to NYPD / DoJ Southern Dist prosecutor pressure.