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pnwmom

(108,976 posts)
Thu Dec 15, 2016, 09:06 PM Dec 2016

The other shoe drops. Huma Abedin says was NEVER SERVED the warrant

the FBI claims to have gotten -- to dive into her emails on Weiner's computer -- and neither was Weiner.

Karen Dunn, Abedin's lawyer, says the law required Abedin to be served a warrant.

So what happened?

ON EDIT: The only copy of Dunn's letter that I could see was on the public FB page of E. Randol Schoenberg, the attorney.

http://www.foxnews.com/politics/2016/12/15/abedin-claims-never-received-fbi-warrant-for-weiner-emails.html

Hillary Clinton aide Huma Abedin told a Manhattan federal judge in a court filing Thursday that neither she nor Anthony Weiner ever received FBI search warrants for emails found on her estranged husband’s computer — raising questions about whether FBI warrants for the emails were ever issued, and if so to whom.

In the letter, Abedin’s lawyer said she is unable to comment on a Los Angeles lawyer’s request for FBI warrants tied to her emails, because “the government has never provided her with a copy of the warrant it reportedly obtained to search certain emails.”

“We understand that Mr. Weiner has likewise not been provided with a copy of the material,” said the letter from lawyer Karen Dunn.

Abedin’s letter is tied to a request by E. Randol Schoenberg, a genealogist and lawyer based in LA, who has asked a Manhattan federal judge to help him get to the bottom of FBI Director Jim Comey’s late-October surprise announcement that emails tied to the agency’s probe into Clinton’s email server were found on Anthony Weiner’s computer during the FBI’s probe into his sexting with an underage teen.

http://nypost.com/2016/12/15/huma-says-she-never-received-fbi-warrants-for-email-searches/

Dunn’s letter Thursday cites law that states an officer executing the warrant “must give a copy of the warrant and a receipt or the property taken to the person from whom, or from whose premise, the property was taken.”

Dunn also requests copies of the warrant and warrant application “so Ms. Abedin may formulate her position” on Schoenberg’s request.

The FBI did not immediately return a request for comment.

Reports at the time said the Justice Department was required to obtain separate warrants because Abedin’s emails were not related to the probe into Weiner’s sexting.

Judge Castel suggested at a hearing on Tuesday that he was inclined to release any warrants tied to the investigation, but said he wanted to hear first from the parties that had been served.

85 replies = new reply since forum marked as read
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The other shoe drops. Huma Abedin says was NEVER SERVED the warrant (Original Post) pnwmom Dec 2016 OP
Huma weighing in now flamingdem Dec 2016 #1
Comey did something partisan and illegal which cost Hillary Clinton milestogo Dec 2016 #2
The downside is if you fire him, he gets replaced by somebody Trump chooses Johnathan146 Dec 2016 #3
Right. He'll pick some Gambino family lawyer. n/t pnwmom Dec 2016 #5
Given that Trump just picks all the people he's seen on FOX NEWS, he will probably pick TrollBuster9090 Dec 2016 #38
LOL. Or maybe Judge Judy. n/t pnwmom Dec 2016 #43
Only if she wears a mini-skirt, and they replace the Supreme Court bench TrollBuster9090 Dec 2016 #45
Would trust her over Comey! JCMach1 Dec 2016 #80
Judge Napolitano has the worst hair dye job I've ever seen. n/t Calista241 Dec 2016 #52
And a disturbingly small forehead. n/t FATNED Dec 2016 #75
Isn't everybody about to get replaced by somebody Trump chooses? milestogo Dec 2016 #6
Comeys job is a 10 year term stillcool Dec 2016 #9
The FBI Director can be fired by the President at any time... PoliticAverse Dec 2016 #18
yes he can. stillcool Dec 2016 #21
It's to remove politics from the equation ... aggiesal Dec 2016 #23
And how has that worked out so far ... mazzarro Dec 2016 #78
Too bad J Edgar Hoover did not expire at the end of ten years Kolesar Dec 2016 #85
True. But I still think James Comey must be held accountable. sueh Dec 2016 #8
What's The Diff? Me. Dec 2016 #41
Not sure. Hell trump could try to give the job to Joe Arpaio Johnathan146 Dec 2016 #44
Hello, Me. H2O Man Dec 2016 #70
OMG Me. Dec 2016 #81
easy solution forjusticethunders Dec 2016 #66
Clint Eastwood has Law Enforcement and dod a stint as itsrobert Dec 2016 #72
We already know that Comey is a dangerous political hack. Fire the bum! Nitram Dec 2016 #82
I'm not necesarly opposed to Johnathan146 Dec 2016 #83
My breath just whooped out of my lungs. DK504 Dec 2016 #17
It's been clear for quite some time that .. ananda Dec 2016 #19
It's function is to f' us over. CentralMass Dec 2016 #32
The last thing we need right now is some knee-jerk reaction. Mr. Evil Dec 2016 #29
Lock Him Up, Lock Him Up Chasstev365 Dec 2016 #26
WTF. Are we suspending the 4th Amendment for HRC and her team now? nt Maven Dec 2016 #4
For all Democrats. milestogo Dec 2016 #11
oh dear. stillcool Dec 2016 #7
It's just wrong Freeman0311 Dec 2016 #10
no warrant no intent to do anything with Comey's letter but hurt Hillary Takket Dec 2016 #12
Was this a personally-owned computer? HeartachesNhangovers Dec 2016 #13
It has been described as Weiner's computer, so the State Dept pnwmom Dec 2016 #14
This message was self-deleted by its author Botany Dec 2016 #16
Similarly if Weiner was the owner of the computer why would they need to show Abedin a warrant? n/t PoliticAverse Dec 2016 #20
You missed where the lawyer says they don't believe Weiner pnwmom Dec 2016 #22
But so what? jberryhill Dec 2016 #63
Because it is the right thing to do scscholar Dec 2016 #76
welcome to du niyad Dec 2016 #25
Thank you! HeartachesNhangovers Dec 2016 #50
I have the same restrictions Wiseman32218 Dec 2016 #40
If that we're the case then wouldn't the one warrant prev. issued to the owner cover the computer? herding cats Dec 2016 #55
Unfortunately, all I know about search warrants HeartachesNhangovers Dec 2016 #74
Did Comey get the information straight from the Russians? Botany Dec 2016 #15
If it goes to trial, Comney (or whever is prosecuted) will be killed by a "Liberal Extremest." briv1016 Dec 2016 #24
yes. that order will come right from putin. probably executed by a KGB agent. Takket Dec 2016 #28
No, he will be pardoned by Trump, as will Rudy and the rest. nt LaydeeBug Dec 2016 #36
Not worth the political capital and would make him look even more guilty. briv1016 Dec 2016 #37
Do you think he gives a rat's ass what he LOOKS LIKE?? nt LaydeeBug Dec 2016 #39
He may not care what he looks like but the people around him sure do. briv1016 Dec 2016 #49
Maybe there was no warrant because the FBI LuckyLib Dec 2016 #27
In which case they already knew what was in them when Comey dropped pnwmom Dec 2016 #30
Comey was doing a stompy-foot A Round Tuit Dec 2016 #33
Oh I think he realized full well what the consequences were going to be. LisaL Dec 2016 #47
I thought that it was the NYPD that discovered that there were Huma emails on the computer? FarCenter Dec 2016 #31
The FBI announced they were getting a search warrant. pnwmom Dec 2016 #34
It started as a mundane sex crimes case - I doubt that the FBI was very involved FarCenter Dec 2016 #61
Well, well, well. blue neen Dec 2016 #35
Why is nobody asking? creeksneakers2 Dec 2016 #42
He was allegedly sexting with a minor. Which is a crime. LisaL Dec 2016 #46
Is it a federal crime? creeksneakers2 Dec 2016 #48
I believe the alleged minor lived out of state. LisaL Dec 2016 #51
Weiner was in New York. The alleged minor was in Virginia. jberryhill Dec 2016 #65
Weiner got into a little trouble Mike B Dec 2016 #57
I don't believe Weiner received any pornographic images creeksneakers2 Dec 2016 #58
Thanks... Mike B Dec 2016 #59
Sent them? notdeplorable Dec 2016 #71
Wiener strikes again. Thanks man. Calista241 Dec 2016 #53
Does this mean that Weiner is innocent? HoneyBadger Dec 2016 #60
It means "thanks for fucking us all over! Wiener! Again!" Calista241 Dec 2016 #73
Oops Yo_Mama_Been_Loggin Dec 2016 #54
Would you repost this triron Dec 2016 #56
A couple of obvious questions... jberryhill Dec 2016 #62
You're right, I haven't found a clear statement of what exactly they're searching; pnwmom Dec 2016 #79
its the stored emails on Yahoo, Gmail and clintonmail accounts and Justice Dec 2016 #84
IF true, she needs to sue the FBI - nt rumdude Dec 2016 #64
Anthony is such a Weiner, it's not Huma's or Hillary's fault IronLionZion Dec 2016 #67
Wouldn't a FISA warrant be secret? Coyotl Dec 2016 #68
These were Huma's emails, not Hillary's. But don't you think this would have come up pnwmom Dec 2016 #77
James Comey ffr Dec 2016 #69

milestogo

(16,829 posts)
2. Comey did something partisan and illegal which cost Hillary Clinton
Thu Dec 15, 2016, 09:09 PM
Dec 2016

the presidency, and he still has his fucking job.

Thanks, Obama.

 

Johnathan146

(141 posts)
3. The downside is if you fire him, he gets replaced by somebody Trump chooses
Thu Dec 15, 2016, 09:22 PM
Dec 2016

Who the hell knows who trump would choose.

TrollBuster9090

(5,954 posts)
38. Given that Trump just picks all the people he's seen on FOX NEWS, he will probably pick
Fri Dec 16, 2016, 12:00 AM
Dec 2016
Fox's resident ex-FBI reactionary Fascist asshol JAMES KALLSTROM to run the FBI.



Right after he appoints Andrew Napolitano to the Supreme Court.

?itok=j6agBV3N

TrollBuster9090

(5,954 posts)
45. Only if she wears a mini-skirt, and they replace the Supreme Court bench
Fri Dec 16, 2016, 12:14 AM
Dec 2016

with one of those glass desks they use on Fox News.

PoliticAverse

(26,366 posts)
18. The FBI Director can be fired by the President at any time...
Thu Dec 15, 2016, 10:09 PM
Dec 2016
There are no statutory conditions on the President’s authority to remove the FBI Director.

See: https://fas.org/sgp/crs/misc/R41850.pdf

stillcool

(32,626 posts)
21. yes he can.
Thu Dec 15, 2016, 10:21 PM
Dec 2016

that doesn't mean a new director is appointed with each incoming President. The purpose of the 10 year term is continuity, is it not?

aggiesal

(8,910 posts)
23. It's to remove politics from the equation ...
Thu Dec 15, 2016, 10:29 PM
Dec 2016

That way no one president can force their will on the FBI.

I don't know how that would work if the Director gets fired
or what constitutes a fire-able offense.

mazzarro

(3,450 posts)
78. And how has that worked out so far ...
Fri Dec 16, 2016, 01:42 PM
Dec 2016

Considering Louis Free and Comey - both of which have been reThug agents at the head of FBI?

The fact is that in practice these reThugs tend to be partisan when it is necessary for the reThuglican party's benefit. Same goes for USC.

Kolesar

(31,182 posts)
85. Too bad J Edgar Hoover did not expire at the end of ten years
Sat Dec 17, 2016, 09:09 AM
Dec 2016

Instead he ran a Stalinesque police state.
Ok, I overstated that by five percent.

 

Johnathan146

(141 posts)
44. Not sure. Hell trump could try to give the job to Joe Arpaio
Fri Dec 16, 2016, 12:09 AM
Dec 2016

I dont really know who we would choose. Im just not sure abybody he chooses will be an improvement.

 

forjusticethunders

(1,151 posts)
66. easy solution
Fri Dec 16, 2016, 12:08 PM
Dec 2016

1: amass enough evidence for 30-35 GOP electors to flip to Hillary
2: Hillary fires Comey January 20th, 2017
3: ????
4: Profit

a man can dream

itsrobert

(14,157 posts)
72. Clint Eastwood has Law Enforcement and dod a stint as
Fri Dec 16, 2016, 01:05 PM
Dec 2016

Last edited Fri Dec 16, 2016, 02:39 PM - Edit history (1)

Secret Service Agent.


He also works well with an ohrangutang.

 

Johnathan146

(141 posts)
83. I'm not necesarly opposed to
Fri Dec 16, 2016, 06:40 PM
Dec 2016

But he could be replaced with Joe Arpaio.

Granted, even if we don't fire him, he still could be replaced by Arpaio. There is no guarantee.

DK504

(3,847 posts)
17. My breath just whooped out of my lungs.
Thu Dec 15, 2016, 10:09 PM
Dec 2016

Why hasn't ANY fucking thing been done to Comey??? WHY????? Where the hell is the AG? Where the hell is the president, the vice-president the Senators? The Representatives? Where are they?

ananda

(28,858 posts)
19. It's been clear for quite some time that ..
Thu Dec 15, 2016, 10:14 PM
Dec 2016

we have a non-functioning or very dysfunctional justice department.

Mr. Evil

(2,839 posts)
29. The last thing we need right now is some knee-jerk reaction.
Thu Dec 15, 2016, 11:04 PM
Dec 2016

I'm hoping dozens of people in the Obama Administration are gathering facts and are diligently putting in proper place the pieces of the puzzle. Hopefully they'll be quick about it and let the shitstorm begin.

Also, the judge stated that he wanted to hear from those that were served before releasing any info regarding the warrant. If Weiner and Abedin were never served then what is he waiting for? He should release everything available now.

Takket

(21,558 posts)
12. no warrant no intent to do anything with Comey's letter but hurt Hillary
Thu Dec 15, 2016, 10:00 PM
Dec 2016

Comey interfered for no reason other than affecting the election. he's a criminal. we can't jail putin, but nailing the #2 guy is almost as good.

13. Was this a personally-owned computer?
Thu Dec 15, 2016, 10:01 PM
Dec 2016

I just re-read some of the news stories about the seized computer and it's not clear who actually owns it. Most of the stories say that Ms. Abedin and Mr. Weiner "shared it", but never say who actually owned it. The reason I bring this up is that IF the computer actually belonged to the State Dept or some other entity, then a warrant to a representative of that entity may have been sufficient. At my last workplace (a government agency), our IT policy was explicit that we didn't own the devices issued to us and that we should have no expectation of privacy with regard to their contents. If a warrant had been issued against my agency for any of my devices, they would have been entitled to turn them over without my consent or notification.

pnwmom

(108,976 posts)
14. It has been described as Weiner's computer, so the State Dept
Thu Dec 15, 2016, 10:03 PM
Dec 2016

would have nothing to do with it.

And his Wiki entry says he has been working as a "consultant" -- which means he is most likely using his own computer.

Response to HeartachesNhangovers (Reply #13)

pnwmom

(108,976 posts)
22. You missed where the lawyer says they don't believe Weiner
Thu Dec 15, 2016, 10:24 PM
Dec 2016

got a subpoena either.

Also, Huma's emails belonged to her, no matter what device they were found (or planted) on. That's why they said they had to get a new subpoena -- because the original subpoena was only for Weiner related material.

 

jberryhill

(62,444 posts)
63. But so what?
Fri Dec 16, 2016, 11:13 AM
Dec 2016

If they had a digital copy of the drive from that computer, then the search warrant would have been directed to that copy, which was not in Abedin or Weiner's custody.

Here's the thing... let's say you are driving down the road and you get pulled over for whatever. The police develop a reasonable suspicion that you are transporting drugs, and they ask you to open the trunk. You refuse permission to open the trunk. They can seize the car, tow it down to the yard, and then go before a judge to get a warrant to search the trunk. That warrant isn't going to be served on you - it's going to be served on the guy at the impound lot who is in possession of the car at the time.

So, let's back up a sec. What is it that was directed to be searched by the warrant? The computer, or a digital copy of the drive of the computer that was already in FBI custody? Do you know?
 

scscholar

(2,902 posts)
76. Because it is the right thing to do
Fri Dec 16, 2016, 01:32 PM
Dec 2016

They should notify every owner of property before making the decision to steal it.

Wiseman32218

(291 posts)
40. I have the same restrictions
Fri Dec 16, 2016, 12:03 AM
Dec 2016

I work for the Dept of Education, they can do what ever they want to any device issued or that we use to access any information. Most devices have the USB ports blocked and there are many foreign countries a Gvmt issued device can be taken to.

herding cats

(19,563 posts)
55. If that we're the case then wouldn't the one warrant prev. issued to the owner cover the computer?
Fri Dec 16, 2016, 01:09 AM
Dec 2016

Also, it was said to be a computer, "belonging to Anthony Weiner" which they had shared. Not one used by him, but belonging to him.

74. Unfortunately, all I know about search warrants
Fri Dec 16, 2016, 01:18 PM
Dec 2016

is what I've seen on TV. But I think that the FBI is smart enough to ask questions like: "Who legally owns this device? What's the easiest way to legally grab and inspect this thing."

briv1016

(1,570 posts)
24. If it goes to trial, Comney (or whever is prosecuted) will be killed by a "Liberal Extremest."
Thu Dec 15, 2016, 10:33 PM
Dec 2016

Can't have this story in the news for months on end.

briv1016

(1,570 posts)
37. Not worth the political capital and would make him look even more guilty.
Thu Dec 15, 2016, 11:59 PM
Dec 2016

Not to mention it would keep the story in the news cycle and leave open the possibility of a tell-all book in the future. Much better to blame it on the actions of liberal extremest "before all the facts where known."

briv1016

(1,570 posts)
49. He may not care what he looks like but the people around him sure do.
Fri Dec 16, 2016, 12:22 AM
Dec 2016

He has to get re-elected for them to hold power, in order to make money.

pnwmom

(108,976 posts)
30. In which case they already knew what was in them when Comey dropped
Thu Dec 15, 2016, 11:04 PM
Dec 2016

the first letter bomb. And that they contained nothing of import.

 

A Round Tuit

(88 posts)
33. Comey was doing a stompy-foot
Thu Dec 15, 2016, 11:33 PM
Dec 2016

when he sent the letter prior to the election.

His feeling were hurt after the intense criticism he received from the right, when he cleared (for want of a better word) Hillary during the hearings.

He was butt-hurt enough to do a "I'll show them" and probably did not realize or even care, for that matter, the consequences of the letter he later wrote to Congress.

If his sensibilities are that close to the surface, I hope Trump does replace him...because Trump will learn to play him like a fiddle and we'll see the most partisan FBI since Hoover.

Loretta Lynch will be gone, without argument...she'll probably have her letter of resignation on Trumps desk before the last word of the oath of office is issued on Inauguration Day...and whoever Trump puts in will also play Comey...to the detriment of the Department of Justice and the FBI.

The left loses all the way around on this one, and without a majority in the Senate or the House, we have little oversight.

It will take 2+ plus years for this to play out, unless Comey is so butt-hurt by Trump, that he trumps up another scheme.

No pun intended.

pnwmom

(108,976 posts)
34. The FBI announced they were getting a search warrant.
Thu Dec 15, 2016, 11:42 PM
Dec 2016

They already had the computer because of the Weiner investigation, but they couldn't search for Huma's emails because the original search warrant only covered Weiner.

http://www.politico.com/blogs/under-the-radar/2016/11/huma-abedin-clinton-emails-fbi-231931

Shortly before the election, the FBI found new messages to and from Abedin, while examining Weiner's laptop as part of an unrelated investigation. FBI Director James Comey disclosed that discovery to Congress, generating renewed press and public attention to Clinton's email controversy — attention many Democrats blame for Clinton's loss in the presidential race earlier this month. Comey told Congress on the Sunday before the election that the new emails didn't change the FBI's conclusion that Clinton should not be prosecuted.

 

FarCenter

(19,429 posts)
61. It started as a mundane sex crimes case - I doubt that the FBI was very involved
Fri Dec 16, 2016, 10:09 AM
Dec 2016
Anthony Weiner’s cellphone records subpoenaed by U.S. Attorney investigating his alleged sexts to 15-year-old

Anthony Weiner's latest round of sick sexting has attracted the attention of the city’s top sex crimes cops and the Federal Bureau of Investigation, the Daily News has learned.

The Manhattan U.S. Attorney’s office issued a subpoena for Weiner’s cell phone and other records, CNN reported Thursday.

...

The Manhattan Special Victims Squad and the Manhattan District Attorney's office are also examining the latest allegations against Weiner.

“Detectives are looking into the incident,” an NYPD spokesman told The News.


http://www.nydailynews.com/news/national/anthony-weiner-latest-sexting-scandal-probed-nypd-article-1.2802042

It was after NYPD detectives looked in a folder named "insurance" and found Huma's emails that they alerted the FBI to the fact.

creeksneakers2

(7,473 posts)
42. Why is nobody asking?
Fri Dec 16, 2016, 12:05 AM
Dec 2016

What was the FBI doing investigating Weiner in the first place? I doubt sexting is a federal crime. Its not on the list of areas the FBI investigates.

https://www.justice.gov/usam/organization-and-functions-manual-9-fbi-organizational-structure-and-investigative-jurisdiction

I wondered if somehow sexting could be twisted into a civil rights violation but that requires somebody to have color of law, to be working for a federal, state or local government.

https://www.fbi.gov/investigate/civil-rights

It appears the FBI had no business investigating Weiner in the first place. They exceeded their authority on a wild goose chase to get something on Hillary. This probably came from the New York office members who were out to get Hillary.

Shouldn't somebody be asking about this?

LisaL

(44,973 posts)
51. I believe the alleged minor lived out of state.
Fri Dec 16, 2016, 12:22 AM
Dec 2016

If minor lives in a different state then it could become a federal issue.

 

Mike B

(19 posts)
57. Weiner got into a little trouble
Fri Dec 16, 2016, 01:38 AM
Dec 2016

Anthony Weiner was being investigated for sending and receiving pornographic images and messages for several months with a 15 year-old girl. Investigators felt that some elements of the crime satisfied the requirements to make the case a federal one.

As far as warrants...there is no legal requirement that law enforcement agencies give you a copy of a search warrant, nor any requirement to even show you the warrant, especially since some warrants are obtained after discovery of evidence, or warrants that are called-in and do net yet exist in physical form. As long as the warrant is valid and was executed properly, then there is no issue. The only thing Huma Abedin's attorneys can do is ensure that all rules of the Electronic Communications Privacy Act were followed.

Personally, I believe they only did it to influence the election in favor of the Great Orange One.

creeksneakers2

(7,473 posts)
58. I don't believe Weiner received any pornographic images
Fri Dec 16, 2016, 01:47 AM
Dec 2016

If he had child pornography that is definitely a federal crime. However, from what I've read, Weiner sent images but didn't receive any. Obviously, investigators claimed that there was a crime there, or they wouldn't have investigated. I don't know which one though. I don't see anything illegal about it except some state charge about corrupting the morals of a minor or something similar. If you know something about this, could you please tell me the law they claim was violated?

http://www.criminaldefenselawyer.com/resources/is-sexting-a-federal-offense.htm

Welcome to DU

 

Mike B

(19 posts)
59. Thanks...
Fri Dec 16, 2016, 02:13 AM
Dec 2016

...for the welcome

As far as the investigation, there have been no formal charges so far, but I would be willing to bet that they are wanting to prosecute under the 'Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act' to get a heavier sentence. It is a federal crime when a computer is used, as well as the fact that the girl claims that he directed her to perform acts on herself. The DOJ claims it is a crime to; “persuade, induce, entice, or coerce a minor to engage in sexually explicit conduct for purposes of producing visual depictions of that conduct.”

notdeplorable

(36 posts)
71. Sent them?
Fri Dec 16, 2016, 12:49 PM
Dec 2016

Is it child porn to pose with an erection next to your sleeping son? That's how this started, right? Or was it something more?

 

jberryhill

(62,444 posts)
62. A couple of obvious questions...
Fri Dec 16, 2016, 11:09 AM
Dec 2016

First off, what is it, exactly, that was searched?

Was it the physical devices, presumably already in custody to be searched, or were they digital images of the storage devices on those devices which had been made when they were initially seized in the Weiner investigation.

This news article is really hazy on the procedural details of the actual proceeding in which the letters were submitted.

Here's the thing... Let's say that two people, A and B, share a computer. A is suspected of doing something illegal on that computer. In the ordinary course, a warrant will issue for the computer and the investigators will make a copy of the drive - a complete image of everything stored on it. The physical computer at that point is irrelevant. The image can be searched for everything related to person A.

Then, if there is reason to believe that person B has done something illegal, or that person B's use of that computer is believed to have produced evidence of activity relevant to an investigation, in order to search the image for stuff that person B did, the investigators can get a warrant to search that image for person B's stuff. However, that warrant doesn't need to be served on person B - the investigators already have possession of the digital image pursuant to the warrant that was used to seize the computer in the course of investigating person A.

If you recall, this was the scheme that the NSA was working on at one point to capture vast swaths of digital communications on the internet and store it at a facility in Utah. Then, whenever there was a reason to look for something in particular, they could obtain a warrant and search that stored data for whatever in particular they were looking for. In other words, the stored data itself would only be searched pursuant to a warrant.

What seems to be going on here, and this news article is a trainwreck in terms of relating the actual proceeding in question, is that pursuant to a motion that the article doesn't even describe, the court is considering a request to unseal documents in the Weiner investigation. Hence, the court has sought input from parties that might have interests affected by unsealing those documents as to whether or not they should be unsealed in whole or in part.

But this part here doesn't strike me as all that relevant to anything:

“must give a copy of the warrant and a receipt or the property taken to the person from whom, or from whose premise, the property was taken.”

Presumably that already happened when the computer was seized in the first place. Otherwise, why on earth would anyone have handed it over.

But if the warrant to search Abedin's emails was in relation to a digital copy of the drive of that computer, then that digital copy was not "taken" from Abedin or Abedin's premises.

This article needs a lot more detail fleshed out in order to reach any kind of conclusion about WTF is going on. However, it is instead written in a sensationalistic style without any clue as to the relevant procedural circumstances.

pnwmom

(108,976 posts)
79. You're right, I haven't found a clear statement of what exactly they're searching;
Fri Dec 16, 2016, 01:43 PM
Dec 2016

whether it's Weiner's laptop itself or a digital image.

But this court proceeding is not about Weiner's case.

It's about attorney E. Randol Schoenberg's lawsuit asking that the warrant used to examine Huma's emails in Weiner's device be unsealed. (First he filed a FOIA act request that the FBI ignored, and then he filed this lawsuit.)

There had never been an earlier warrant with regard to Huma's emails; she had turned them over voluntarily, and wasn't aware there were some on Weiner's laptop.

Justice

(7,185 posts)
84. its the stored emails on Yahoo, Gmail and clintonmail accounts and
Fri Dec 16, 2016, 06:49 PM
Dec 2016

any that were on PC because they were printed from PC on home computer.

IronLionZion

(45,427 posts)
67. Anthony is such a Weiner, it's not Huma's or Hillary's fault
Fri Dec 16, 2016, 12:10 PM
Dec 2016

And millions of people voted on the belief that Hillary must have done something wrong with those damn emails.

The continued existence of that Weiner is proof that the Clintons probably don't kill people who are problems.

the dude is definitely a strange one. It's a shame because he used to be a good liberal fighting the good fight

 

Coyotl

(15,262 posts)
68. Wouldn't a FISA warrant be secret?
Fri Dec 16, 2016, 12:19 PM
Dec 2016

Maybe there was a national security reason for any warrant to examine the SoS's possibly classified material be a FISA warrant???

pnwmom

(108,976 posts)
77. These were Huma's emails, not Hillary's. But don't you think this would have come up
Fri Dec 16, 2016, 01:33 PM
Dec 2016

in the initial hearing before the judge? Wouldn't they tell the judge -- hands off, this is FISA?

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