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Lost FBI Texts Could Form Basis for Motion to Dismiss in Trump Team Fight Against Russia Probe
lawandcrime.com ^ | 10:09 am, January 22nd, 2018 | by Rachel Stockman & Ronn Blitzer

Posted on 01/22/2018 10:09:53 AM PST by Red Badger

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To: Red Badger

NSA are the white hats. and they have the texts and they are coming out.


21 posted on 01/22/2018 10:40:04 AM PST by stockpirate (TYRANNY IS THY NAME REBELLION IS OUR ANSWER. HANG THEM ALL!)
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To: stockpirate

Then they should send them to Wikileaks, asap...........


22 posted on 01/22/2018 10:40:45 AM PST by Red Badger (Wanna surprise? Google your own name. Wanna have fun? Google your friends names......)
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To: HombreSecreto; Red Badger; Lakeshark

IIRC, the Rosenstein letter to Mueller did not order him to start a new investigation starting May 17, 2016. He was to continue the already started investigation which was going on well before May 17 and during the period of the missing texts and probably the fisa abuse.

We know, then, that the entire 1st stage of the investigation was corrupt and that this 2nd stage was built on it.

Therefore, the entire investigation is the fruit of the poisoned tree.


23 posted on 01/22/2018 10:47:19 AM PST by xzins (Retired US Army chaplain. Support our troops by praying for their victory.)
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To: Red Badger

Spoliation evidence is just about the worst thing a trial lawyer wants to be accused of.

It’s almost an automatic lose I think. Or dismissal. Would be nice to know of some cases where the prosecutor spoliated evidence and went on to win the case anyway.


24 posted on 01/22/2018 10:57:03 AM PST by Fhios (1987 - Where's Waldo. 2017 - Where's Jeff Sessions?)
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To: Red Badger; stockpirate

Of course the NSA still has these Text messages, but NSA data is barred from use in Domestic law enforcement/court proceedings.

So the Government can subpoena the records from the commercial carrier, but that will take time, allowing Mueller more time for mischief. Also, the commercial carrier might only have metadata, not content.


25 posted on 01/22/2018 11:00:14 AM PST by BeauBo
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To: Fhios

DESTRUCTION OF EVIDENCE IS A CRIME.....................


26 posted on 01/22/2018 11:01:54 AM PST by Red Badger (Wanna surprise? Google your own name. Wanna have fun? Google your friends names......)
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To: the_Watchman

“It wouldn’t be a court which would dismiss the special counsel.”

It would be the guy who appointed the Special Counsel - Rod Rosenstein. If he gets fired over the new four page memo, his replacement can make Mueller dance like an organ grinder’s monkey, or dismiss him on day one.


27 posted on 01/22/2018 11:03:06 AM PST by BeauBo
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To: Alberta's Child
Federal law mandates that emails and digital communications be retained as government records. There is no discretion or "depends" in this matter.

The emails are either retained and preserved or they are not.

If they are not, that is a violation of federal law.

28 posted on 01/22/2018 11:04:42 AM PST by HotHunt
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To: Red Badger

Bttt.

5.56mm


29 posted on 01/22/2018 11:05:16 AM PST by M Kehoe
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To: Jeff Chandler

Devin Nunes should call in sick with a cold today, then release all the evidence he can on Tuesday.

Turnabout is fair play


30 posted on 01/22/2018 11:07:18 AM PST by confederatecarpetbag
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To: Repealthe17thAmendment
This stinks to high heaven.

These five months worth of emails between key players in this "let's get Trump" scheme, have not been lost.

There is a server somewhere that has them on it.

Now for sure there is someone "obstructing justice" and it ain't our man Trump.

31 posted on 01/22/2018 11:10:20 AM PST by HotHunt
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To: Red Badger
The damning part is that five full months of text messages (not email, they work differently) are missing and nobody noticed. Naturally the next question is whose text messages were lost, or more accurately, not retained. Because if it turns out to be just the two individuals involved, the court will bounce this one to the moon. If it's more than that, the cover story is slightly, only slightly, more plausible, and the next question is who in the IT department is responsible for records retention, because that individual or team should be fired for gross dereliction of duty.

I've worked in industry and for both federal and state institutions and you don't just "lose" this stuff, and it isn't just "backups". There are very strict legal requirements for retention that are codified by institutional Counsel, and you don't treat them as suggestions or recommendations. There is an infuriating tendency for the ignorant - I'm talking about you, Hillary - to dismiss this sort of thing as a "glitch" and pretend that it doesn't matter, that it happens all the time. Five months of data? Nobody did any QA on software "upgrades" for five months? Nobody tested records retention for five months?

Sorry, not buying it. This isn't some Mom and Pop auto parts store, this is the FBI. Whether these text messages were processed entirely internally is unknown, but generally a cell phone carrier is involved, who has its own set of records retention policies. Whether the NSA collects this is also unknown, which is one difference between this and Hillary's email scandal. But it's very obviously official business, and if it's being conducted on private personal cell phones or on private personal servers, it's not legal.

32 posted on 01/22/2018 11:22:30 AM PST by Billthedrill
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To: Red Badger; Whenifhow; null and void; aragorn; EnigmaticAnomaly; kalee; Kale; 2ndDivisionVet; ...

p


33 posted on 01/22/2018 11:26:23 AM PST by bitt (We dont need an electric chair, we need electric bleachers.)
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To: bitt; LucyT; Whenifhow
(title):" Lost FBI Texts Could Form Basis for Motion to Dismiss in Trump Team Fight Against Russia Probe "

Quite True !
The "lost information" should be provided at 'Discovery'.
It was just such an issue, among others, that resulted in dismissal of Federal charges against the Bundy family.
Since the texts are 'lost', the FBI would have had time to 'find' them.
Could this be one of the false flag incidents that 'Q' spoke of a few days ago ?

34 posted on 01/22/2018 11:36:33 AM PST by Tilted Irish Kilt
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To: stockpirate
The NSA has all 500 pages of missing text messages and just may accidentally release them.

lol. You think the NSA isn't the deepest part of the deep state?

Or, do you think they really care about terrorism?

35 posted on 01/22/2018 12:00:03 PM PST by Fido969 (In!)
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To: Red Badger

Unless your name is Hillary Clinton


36 posted on 01/22/2018 12:10:08 PM PST by hoosiermama (When you open your heart to patriotism, there is no room for prejudice.DJT)
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To: stockpirate
The NSA has all 500 pages of missing text messages and just may accidentally release them.

Depends on who's in charge of the NSA. If it's a deep state Obama holdover, they'll likely lose their copies too.

37 posted on 01/22/2018 12:12:19 PM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: HombreSecreto

https://www.google.com/imgres?imgurl=https%3A%2F%2Fupload.wikimedia.org%2Fwikipedia%2Fcommons%2Fthumb%2F9%2F92%2FRose_Mary_Woods.jpg%2F496px-Rose_Mary_Woods.jpg&imgrefurl=https%3A%2F%2Fen.wikipedia.org%2Fwiki%2FRose_Mary_Woods&docid=OHRC2mP7LbU14M&tbnid=lICDP1VEgDXDzM%3A&vet=10ahUKEwis_abIsOzYAhUMXK0KHTUWCF8QMwg_KAAwAA..i&w=496&h=330&bih=769&biw=1600&q=rosemary%20woods%20photo&ved=0ahUKEwis_abIsOzYAhUMXK0KHTUWCF8QMwg_KAAwAA&iact=mrc&uact=8


38 posted on 01/22/2018 12:16:19 PM PST by hardspunned
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To: Red Badger
The "missing" text messages are in the hands of the telephone companies.

They all have standard retention periods of at least two years for such items. In some cases they hold them longer.

All it takes is a court order to retrieve them.

Logs of all phone calls are also retained by the phone companies for varying periods of time. There are supposedly records preserved of long-distance calls that date back to the early 1960's or late 1950's.

Most likely the NSA already has a complete collection (illegally) of the "missing" text messages.

39 posted on 01/22/2018 12:28:43 PM PST by flamberge (What next?)
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To: hardspunned
Here, I will help. I know HTML formatting:

Woods demonstrates the "Rose Mary Stretch", which purportedly led to the erasure of 18-plus minutes of the Watergate tapes.

40 posted on 01/22/2018 12:29:05 PM PST by jonrick46 (Trump continues to have all the right enemies.)
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