LEGAL ANALYSIS: Why Mueller’s Seizure of Transition Emails Likely Violated the Law

[bripat9643]

Read the article, dumbass. It details why Mueler wasn't entitled to those emails without a warrant.

I read the law. If its on a government server, its government property. The government doesnt need a warrant to read it's own property.

See the government computer warning, it tells every user they're using a government server, and they have no expectation of privacy. In short, by putting it onto a government server, it's subject to FOIA, so can be released to anyone for any reason.

I said "read the article," numskull.

 

[bripat9643]

FOIA.gov - Freedom of Information Act: Frequently Asked Questions (FAQ)

Since 1967, the Freedom of Information Act (FOIA) has provided the public the right to request access to records from any federal agency. It is often described as the law that keeps citizens in the know about their government. Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions which protect interests such as personal privacy, national security, and law enforcement.

What does that have to do with Mewler? He's not the public. He's the government.

 

[radical right]

I said "read the article," numskull.

I read the law, and I read Fish V Kobach, they both say there is no privilege or privacy of those government records. The government computer warning specifically tells the user those records can be disclosed to any government agency.

 

[radical right]

FOIA.gov - Freedom of Information Act: Frequently Asked Questions (FAQ)

Since 1967, the Freedom of Information Act (FOIA) has provided the public the right to request access to records from any federal agency. It is often described as the law that keeps citizens in the know about their government. Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions which protect interests such as personal privacy, national security, and law enforcement.

What does that have to do with Mewler? He's not the public. He's the government.

It means the public can get those emails without a warrant. So certainly Mueller as a government agency can do the same.

 

[Lakhota]

All Mueller had to do was ask the GSA for Trump's transition emails.

 

[radical right]

Your argument is that the government needs a search warrant for records it releases to the public.

That's an epic fail.

 

[radical right]

All Mueller had to do was ask the GSA for Trump's transition emails.

Comey got Clintons state department emails just by asking for them.

 

[Freewill]

Despite what the snowflake Mewler apologists claim, he's still fucked because of his email seizure:

LEGAL ANALYSIS: Why Mueller’s Seizure of Transition Emails Likely Violated the Law

The Mueller search runs afoul of many of these established court precedents and Fourth Amendment privacy and privilege principles. First, it appears Mueller searched and seized every email, without any kind of categorical or keyword search. This is exactly the kind of search the Supreme Court made clear was not allowed under the Fourth Amendment. This means Mueller can only prevail if he didn’t seize a single email of a single individual that the individual could have any expectation of either personal privacy or attorney client privilege in.

The primary excuses proffered so far for the broad seizure is the faulty assumption the use of a government server waived all privacy and all privilege of every email ever made over that server. As identified above, that has never been the law. The security and efficacy of government-owned servers for transition employees are not intended as a trap for the unwary to forever forfeit their privacy and privilege rights in their communications. Indeed, doing so would undermine use of such communications, and invite Hillary Clinton type bathroom closet email servers for everybody.

Mueller’s problem here is these were not even government employee emails; they were the emails of private individuals stored temporarily on a government server, and publicly declared to be “private materials” as a matter of custom, practice and the public policy of the National Archives. As Professor Jonathan Turley identifies, the National Archives recognize transition email records “are not federal or presidential records, but considered private materials.”

The only “notice” evidence otherwise given publicly is that an agreement between the GSA and the transition team identified the possibility of technical and maintenance audits, with some claiming this as a “waiver” of all privacy and privilege rights in the emails forever. Here again, the law does not support such a claim; even cases with much more specific notices and much less invasive searches, found privacy and privilege objections persisted. So far, a striking lack of arguments and evidence has been mounted for claiming every single email lacked any privacy or privilege.

It appears to me, Mueller deliberately skipped the court, the grand jury, and the government-imposed limits on investigative inquiries into worker conduct under Supreme Court precedent; he might have done so because he wanted a tactical edge, and was walling to ignore the Fourth Amendment restrictions on him to do so. Mueller may come to regret his choice.​

Only problem, when you are part of the establishment, you can not brake the law. Even if he did it illegally the ends justify the means to the lawless liberal left.

 

[Freewill]

All Mueller had to do was ask the GSA for Trump's transition emails.

Comey got Clintons state department emails just by asking for them.

Except for the 30,000 he didn't.

 

[radical right]

LEGAL ANALYSIS: Why Mueller’s Seizure of Transition Emails Likely Violated the Law

Mueller’s problem here is these were not even government employee emails; they were the emails of private individuals stored temporarily on a government server, and publicly declared to be “private materials” as a matter of custom, practice and the public policy of the National Archives..​

​

This is just like the sign when you enter federal property, it says clearly that all vehicles are subject to search. When you park on government property, you give up any expectation of privacy. They do not need a warrant or even a reason to search your car.

 

[radical right]

All Mueller had to do was ask the GSA for Trump's transition emails.

Comey got Clintons state department emails just by asking for them.

Except for the 30,000 he didn't.

Were they on a government server?

 

[JoeB131]

Despite what the snowflake Mewler apologists claim, he's still fucked because of his email seizure:

right... so now Trump is acting like the drug perp who claims the cops didn't have a right to look in his trunk. Interesting.

 

[radical right]

Despite what the snowflake Mewler apologists claim, he's still fucked because of his email seizure:

right... so now Trump is acting like the drug perp who claims the cops didn't have a right to look in his trunk. Interesting.

Applicability (41 CFR 101-20.300) These rules and regulations apply to all property under the charge and control of the General Services Administration and to all persons entering in or on such property

Inspection (41 CFR 102-20.301). Packages, briefcases, and other containers in the immediate possession of visitors, employees, or other persons arriving on, working at, visiting, or departing from Federal property are subject to inspection.

 

[JoeB131]

Despite what the snowflake Mewler apologists claim, he's still fucked because of his email seizure:

right... so now Trump is acting like the drug perp who claims the cops didn't have a right to look in his trunk. Interesting.

Applicability (41 CFR 101-20.300) These rules and regulations apply to all property under the charge and control of the General Services Administration and to all persons entering in or on such property

Inspection (41 CFR 102-20.301). Packages, briefcases, and other containers in the immediate possession of visitors, employees, or other persons arriving on, working at, visiting, or departing from Federal property are subject to inspection.

good point. If it's a government email, then it's subject to inspection. This is what they spent two years trying to get Hillary on, it would hilarious if they nailed Trump on it.

 

[sealybobo]

Dot.gov makes it all legal.

There must be something to this investigation if now they are arguing about the man or in which mueller conducted his investigation.

Trump has the best lawyers. Like oj’s lawyers made it about fuhrman

 

[radical right]

Trump has the best lawyers. Like oj’s lawyers made it about fuhrman

They caught Fuhrman lying, which impeached his credibility

Trumps lawyers are arguing losing causes, like claiming executive privilege, which no court or statute has recognized for anybody except for a sitting president. Their argument of privacy on a government computer system that clearly states users have no expectation of privacy.

If they think Mueller broke the law, take him to court, but instead Trumps lawyers ran to congress who have no direct control over Mueller. Meaning they're seeking political redress, since the law is clearly on Muellers side.

 

[Hutch Starskey]

Despite what the snowflake Mewler apologists claim, he's still fucked because of his email seizure:

LEGAL ANALYSIS: Why Mueller’s Seizure of Transition Emails Likely Violated the Law

The Mueller search runs afoul of many of these established court precedents and Fourth Amendment privacy and privilege principles. First, it appears Mueller searched and seized every email, without any kind of categorical or keyword search. This is exactly the kind of search the Supreme Court made clear was not allowed under the Fourth Amendment. This means Mueller can only prevail if he didn’t seize a single email of a single individual that the individual could have any expectation of either personal privacy or attorney client privilege in.

The primary excuses proffered so far for the broad seizure is the faulty assumption the use of a government server waived all privacy and all privilege of every email ever made over that server. As identified above, that has never been the law. The security and efficacy of government-owned servers for transition employees are not intended as a trap for the unwary to forever forfeit their privacy and privilege rights in their communications. Indeed, doing so would undermine use of such communications, and invite Hillary Clinton type bathroom closet email servers for everybody.

Mueller’s problem here is these were not even government employee emails; they were the emails of private individuals stored temporarily on a government server, and publicly declared to be “private materials” as a matter of custom, practice and the public policy of the National Archives. As Professor Jonathan Turley identifies, the National Archives recognize transition email records “are not federal or presidential records, but considered private materials.”

The only “notice” evidence otherwise given publicly is that an agreement between the GSA and the transition team identified the possibility of technical and maintenance audits, with some claiming this as a “waiver” of all privacy and privilege rights in the emails forever. Here again, the law does not support such a claim; even cases with much more specific notices and much less invasive searches, found privacy and privilege objections persisted. So far, a striking lack of arguments and evidence has been mounted for claiming every single email lacked any privacy or privilege.

It appears to me, Mueller deliberately skipped the court, the grand jury, and the government-imposed limits on investigative inquiries into worker conduct under Supreme Court precedent; he might have done so because he wanted a tactical edge, and was walling to ignore the Fourth Amendment restrictions on him to do so. Mueller may come to regret his choice.​

One question, dope.

Do you own your emails on your employer's mail server?

 

[Hutch Starskey]

Despite what the snowflake Mewler apologists claim, he's still fucked because of his email seizure:

LEGAL ANALYSIS: Why Mueller’s Seizure of Transition Emails Likely Violated the Law

The Mueller search runs afoul of many of these established court precedents and Fourth Amendment privacy and privilege principles. First, it appears Mueller searched and seized every email, without any kind of categorical or keyword search. This is exactly the kind of search the Supreme Court made clear was not allowed under the Fourth Amendment. This means Mueller can only prevail if he didn’t seize a single email of a single individual that the individual could have any expectation of either personal privacy or attorney client privilege in.

The primary excuses proffered so far for the broad seizure is the faulty assumption the use of a government server waived all privacy and all privilege of every email ever made over that server. As identified above, that has never been the law. The security and efficacy of government-owned servers for transition employees are not intended as a trap for the unwary to forever forfeit their privacy and privilege rights in their communications. Indeed, doing so would undermine use of such communications, and invite Hillary Clinton type bathroom closet email servers for everybody.

Mueller’s problem here is these were not even government employee emails; they were the emails of private individuals stored temporarily on a government server, and publicly declared to be “private materials” as a matter of custom, practice and the public policy of the National Archives. As Professor Jonathan Turley identifies, the National Archives recognize transition email records “are not federal or presidential records, but considered private materials.”

The only “notice” evidence otherwise given publicly is that an agreement between the GSA and the transition team identified the possibility of technical and maintenance audits, with some claiming this as a “waiver” of all privacy and privilege rights in the emails forever. Here again, the law does not support such a claim; even cases with much more specific notices and much less invasive searches, found privacy and privilege objections persisted. So far, a striking lack of arguments and evidence has been mounted for claiming every single email lacked any privacy or privilege.

It appears to me, Mueller deliberately skipped the court, the grand jury, and the government-imposed limits on investigative inquiries into worker conduct under Supreme Court precedent; he might have done so because he wanted a tactical edge, and was walling to ignore the Fourth Amendment restrictions on him to do so. Mueller may come to regret his choice.​

Mueller team defends obtaining Trump transition emails

"When we have obtained emails in the course of our ongoing criminal investigation, we have secured either the account owner's consent or appropriate criminal process," Peter Carr, a spokesman for the special counsel's office, said in a statement to The Hill.





Loser.

 

[JakeStarkey]

The President looks mighty suspicious.

 

[Freewill]

Simply amazing, I get censored for personal attack. That is pretty much all that is in this thread and what I posted was more a joke than an attack. Wow. Posting picture of a man about to be raped, OK, make fun of an imaginary name, censored. Interesting set of rules.