Posted on 10/29/2016 6:28:46 PM PDT by hotsteppa
“As of Saturday night, the FBI had still not gotten approval from the Justice Department for a warrant that would allow agency officials to read any of the newly discovered Abedin emails”
Need FReeper legal experts: Why is the DoJ (executive branch) approving search warrants, and not the judicial branch?
That sounds about right.
Agree. In some respects the FBI “investigation” is a sideshow. Wikileaks is the main act and the curtain is about to open.
The devices were taken by the NYPD in the sexting case of Wiener!!! NYPD alerted FBI of the emails on wieners computer!!!
A Good Thing actually: it means whoever has possession of the evidence will be able make and certify a copy of it before Comey has a chance to order it destroyed.
two words-— “Special Prosecutor”
It’s relatively simple. The NYPD/FBI seized the computer in conjunction with the sexting scandal. While going through the computer, they (NYPD/FBI) started seeing emails from either Hillary to Huma or Huma to Huma (for the purpose of printing hard copies).
Since the original search warrant only covered emails related to the sexting case, the new emails technically cannot be read (no exigent circumstances) unless a search warrant covering the emails is obtained.
One could argue “inevitable discovery” but a search warrant would be better and would have the power of the court behind it (probable cause).
DOJ would be involved as they actually draft the search warrant for the FBI and I assume they were brought into the picture as soon as the new emails surfaced.
I think this isn’t a case of obstruction as much as a situation of how to proceed to make sure the new emails are admissible if there is ever a criminal proceeding.
It’s like a cop stopping someone for speeding and asks to look in the trunk. The driver opens the trunk and the cop discovers a dead body. Illegal search, body not admissible and unless there is independent evidence that ties the driver to the murder NOT DEVELOPED FROM THE DISCOVERY OF THE BODY, the driver walks.
The only exception is if the “fruits” of the crime are in plain view and since this is a sexting investigation any email with a header of Huma Abedin or Hillary Clinton would be outside the scope of the original search warrant.
Make sense now?
A judge will have to issue the warrant. The request for a warrant is made by DOJ lawyers, not by law enforcement officers.
I think at this point Comey is more concerned about Comey than protecting her Heinous.
They don’t need a warrant for the *addresses* of Huma’s emails.
And that’s what is pertinent.
.gov and hrc.com would be seen under a ‘sexting’ warrant.
There is a good faith exception from SCOTUS to the example you gave; decided in the last two years, I believe.
If it was Weiner’s computer, he can give permission. He is likely willing to make a deal.
Loretta Lynch will never allow the FBI to get that warrant.
...
Which would ensure a win for Trump. I think the delay is because they are going over tactics concerning the warrant that will benefit Hillary.
U.S. Attorney Preet Bhara already had a subpoena to review Weiner’s devices. Pretty sure the cat’s already out of the bag and the emails have already been reviewed by NYPD as well as FBI agents.
Since the first investigation was not closed, wouldn’t that warrant be good still?
Since the FBI does not know the contents, and Hillary has demanded they release all of the information, who needs the justice department?
Why not just follow the instructions of the perp, (Hillary) and release it.
If any of it is classified, no foul on the FBI, she has authorized its release and they assume it all to be unclassified, like she said.
If not, charge her ass!
I have hope that the NYPD made backups of the hard drive, just in case
Huma’s computer “disappears”.
“The DOJ doesn’t issue warrants. A judge signs off based on testimony by the FBI.”
This. They should already have a warrant.
Completely. In your opinion, does the fact that he doesn’t know the content help hillary or not?
I’m no concern troll.
Just dont want her and the msm to use the victim card in full force.
WE know the justice dept didn’t want him to report it to congress and are busing his b.lls.
I’m concerned about my dimwitted fellow citizens buying the witch hunt scenario she and the msm are going to run with. .
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.