Fattah Case: Congressional Gmail Subject to Subpoena

Disir

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Sep 30, 2011
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On Wednesday, a federal appeals court opinion shed light on Rep. Chaka Fattah’s fight to squash a search warrant seeking data from his Gmail account. The Pennsylvania Democrat, indicted July 29 for alleged racketeering conspiracy, bribery and wire fraud, objected to turning over some emails sought in a grand jury subpoena, arguing disclosure would violate his constitutional protections.

Several months later, a judge has issued a search warrant authorizing the FBI to dig for evidence of criminal activity dating back to Jan. 1, 2008.

Fattah claimed he used his Gmail account to communicate with fellow members of Congress about legislative business, send schedules and agendas for committee meetings and to communicate with his staff regarding congressional matters. Fattah also claimed he used the Gmail account to interact with his lawyers.

But the U.S. District Court for the Eastern District of Pennsylvania rejected his argument that handing over the emails would violate the Speech or Debate Clause, or violate attorney-client privilege. It also denied a request from House attorneys that the court modify the warrant and allow Fattah access to the requested records.
http://blogs.rollcall.com/hill-blotter/fattah-case-congressional-gmail-subject-to-subpeona/?dcz=

And there you have it. Not just no. A big NO.
 

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