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

[JakeStarkey]

^^^ whiny

 

[Hutch Starskey]

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.

^ Loser.


Try some substance. If you can muster any, that is.

 

[Reasonable]

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.​

Still butt over your child molester losing I see.
Meanwhile you jump up and down and hold your breath over Bob Mueller while he ignores the right wing hissy fits and continues doing his job.

 

[Reasonable]

Snowflakes cheer when the government violates the rights of Americans. That's what distinguishes you creeps as Stalinists.

Does the government need a search warrant to search a soldiers footlocker? Of course hot, they don't even need a reason.

When you use government property, they own it, and can do anything they want with it.

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

Yet he got them anyway and there’s not a damn thing you can do about it.
Won’t it be ironic if there’s a smoking gun found in those emails and your criminal president walks the blank.
Somewhere in the background you can hear Hillary laughing.

 

[Reasonable]

The emails were lawfully obtained, folks: just the way the law works.

That so pisses off the Trump cult because above all other things they don’t want to know if their president is a crook.

 

[Reasonable]

The incompetence of this administration almost rivals it inherent commitment to criminality.

The guy is dying from cancer, so no one thinks to follow up to make sure he did what he was supposed to do?

Yeah, that's 1000 times worse then allowing ISIS to takeover the entire Middle East.

 

[Steve_McGarrett]

The Trump Transition Team emails illegally taken by Mueller MUST contain many Attorney-Client privileged communications between Trump and his legal team. It's apparent the FISA warrant was 'Fruit from a Poisonous Tree'.

 

[bripat9643]

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.

The only "appropriate criminal process" is a search warrant. He didn't do that.

 

[Fort Fun Indiana]

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.​

Being a paid Breitbart shill is one thing...successfully arguing tjese points in court is quite another. As it turns out, there are strong arguments on the other side as well. And Mueller will dump these emails on the floor for all to see, if his investigation is truncated by any of this. Don't expect the GOP or Trump's lawyers to pursue this.

 

[CowboyTed]

A dumb loserterian that sided with Putin in 2016 is talking about law? How funny.

Strange, I don't recall ever siding with Putin. Can you quote where I did that?

I think you're admitting that you can't dispute the facts presented in the article.

Mewler is fucked.

Dude you are so far up Putin's piehole you one of those dolls....

When did you become a traitor? Why did you sell out your country to the enemy....

 

[bripat9643]

Snowflakes cheer when the government violates the rights of Americans. That's what distinguishes you creeps as Stalinists.

Does the government need a search warrant to search a soldiers footlocker? Of course hot, they don't even need a reason.

When you use government property, they own it, and can do anything they want with it.

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

Yet he got them anyway and there’s not a damn thing you can do about it.
Won’t it be ironic if there’s a smoking gun found in those emails and your criminal president walks the blank.
Somewhere in the background you can hear Hillary laughing.

In other words, you don't give a fuck about following the law or respecting the Bill of Rights.

 

[bripat9643]

A dumb loserterian that sided with Putin in 2016 is talking about law? How funny.

Strange, I don't recall ever siding with Putin. Can you quote where I did that?

I think you're admitting that you can't dispute the facts presented in the article.

Mewler is fucked.

Dude you are so far up Putin's piehole you one of those dolls....

When did you become a traitor? Why did you sell out your country to the enemy....

Please post a quote that shows I'm "up Putin's piehole."

 

[CowboyTed]

The incompetence of this administration almost rivals it inherent commitment to criminality.

The guy is dying from cancer, so no one thinks to follow up to make sure he did what he was supposed to do?

Yeah, that's 1000 times worse then allowing ISIS to takeover the entire Middle East.

Comrade, After they get Trump I say they might have to come after the traitors... Is that why you are worried... Selling out your country to the Russians... Your children must be so proud.

 

[CowboyTed]

A dumb loserterian that sided with Putin in 2016 is talking about law? How funny.

Strange, I don't recall ever siding with Putin. Can you quote where I did that?

I think you're admitting that you can't dispute the facts presented in the article.

Mewler is fucked.

Dude you are so far up Putin's piehole you one of those dolls....

When did you become a traitor? Why did you sell out your country to the enemy....

Please post a quote that shows I'm "up Putin's piehole."

You are doing everything you can to defend the guy who willfully admits to obstructing the FBI in investigating their interference into their actions.

You are now spreading propaganda about lawful acquiring emails by Mueller... You are just trying to discredit and investigation...

You are a servant of Putin, he must be laughing, spend Billions on the arms race and he had to do is leverage traitors like you....

 

[CowboyTed]

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.

Read Article, full of shit... Propaganda piece... It was written for idiots who don't know the basic law...

 

[CowboyTed]

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.

You know you arguing with a traitor, I would call him an idiot but traitor is probably more appropriate...

 

[bripat9643]

A dumb loserterian that sided with Putin in 2016 is talking about law? How funny.

Strange, I don't recall ever siding with Putin. Can you quote where I did that?

I think you're admitting that you can't dispute the facts presented in the article.

Mewler is fucked.

Dude you are so far up Putin's piehole you one of those dolls....

When did you become a traitor? Why did you sell out your country to the enemy....

Please post a quote that shows I'm "up Putin's piehole."

You are doing everything you can to defend the guy who willfully admits to obstructing the FBI in investigating their interference into their actions.

You are now spreading propaganda about lawful acquiring emails by Mueller... You are just trying to discredit and investigation...

You are a servant of Putin, he must be laughing, spend Billions on the arms race and he had to do is leverage traitors like you....

In other words, I'm "up Putin's piehole" because I dispute your idiotic understanding of the facts?

 

[CowboyTed]

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.

Lads,

Let's explain it this way. When you go to work for McDonald's every day and flip burgers, guess what? your manager can ask to look in the burger you about to serve to see if you spit in it. He doesn't need a warrant, he works for McDonald's, so do you and the burger belongs to McDonald's...

See FBI are in the Government and the emails are on government servers... Got it...

 

[CowboyTed]

A dumb loserterian that sided with Putin in 2016 is talking about law? How funny.

Strange, I don't recall ever siding with Putin. Can you quote where I did that?

I think you're admitting that you can't dispute the facts presented in the article.

Mewler is fucked.

Dude you are so far up Putin's piehole you one of those dolls....

When did you become a traitor? Why did you sell out your country to the enemy....

Please post a quote that shows I'm "up Putin's piehole."

You are doing everything you can to defend the guy who willfully admits to obstructing the FBI in investigating their interference into their actions.

You are now spreading propaganda about lawful acquiring emails by Mueller... You are just trying to discredit and investigation...

You are a servant of Putin, he must be laughing, spend Billions on the arms race and he had to do is leverage traitors like you....

In other words, I'm "up Putin's piehole" because I dispute your idiotic understanding of the facts?

I understand that you don't want know or clearly lying about the law... It has been explained plenty of time to you...

But lets put it this way... Mueller's team are some of the best investigators in the US with a long track record of investigating areas of this nature and bringing criminals to justice.

You are a biased poster on the web that I have no recall of ever showing any balance in your posts. You are effectively useless in any discussion as you usually start with unsubstantiated claims and when found out, resort to insults after a couple of posts.... Your only use is a shill for Trump and Putin, you just want to create noise...

Who do I believe?

 

[radical right]

But lets put it this way... Mueller's team are some of the best investigators in the US with a long track record of investigating areas of this nature and bringing criminals to justice.

Muellers team collectively have thousands of criminal convictions. They have centuries of experience in federal law. Trumps lawyers came from real estate and civil litigation.