Monday, October 31, 2016

A lawyer's view of the reopened FBI case

I am not a lawyer, but childhood buddy 2cents is.  He sent a series of emails with interesting background on the case, from a lawyer's perspective.  With his permission, I am posting them here.
So, in a fit of irony, Hillary now is crying for full disclosure.  She claims wants Comey to publish the new emails.  Of course, the latest reports are that Clinton hack Loretta Lynch will not allow a warrant to issue as Comey requested, so he certainly cannot publish the emails.  In fact, I believe that is why Comey wrote to congress.  His people doing the Weiner investigation saw enough that it was obvious there was strong evidence that contravened the FBI's prior conclusion in the Clinton email/sever investigation.  They brought it to Comey and he followed protocol by going to Justice to get a warrant to review everything on the laptop. And Lynch would not give it to him.  He was so appalled at the obvious contravention of the rule of law by Lynch for political ends that he did the only thing he could and wrote the letter to Congress in order to let some sunlight disinfect the rot.  The action follows a long line of instances where public servants went public instead of letting people in power block the truth from coming out.

And by the way, there is one way other than having Justice get a warrant to allow the emails to be published.  That would be if their owner, Huma Abedin, allowed it.  Instead of demanding that Comey release the information that Clinton lackey Lynch is blocking, why doesn't Clinton ask her good buddy Huma to release them.  Heck, since they apparently had all kinds of confidential info on them so maybe publication isn't a good idea, she could merely consent to the FBI's review.  Then Lynch's block of the warrant would be irrelevant. 

If the cops had a warrant to search for a hand gun, and they opened a dresser drawer where one could hide a gun, and they saw a bag of drugs, they are perfectly within their rights to use the drugs they found as a basis for a new warrant. They can't look in a little drawer for a shot gun, but they can look in a drawer that would house a hand gun. In this case, they had a warrant to search the Weiner computer. They saw "DRUGS". In other words, in searching the computer for Weiner emails, they saw emails from Hillary that had obvious issues with respect to the email/server/secure emails even though they were looking for those "Weiner" emails. The point is that Comey KNEW that the emails they have already reviewed were in contravention to the FBI's previous conclusion that no laws were broken. He found "drugs". Any suggestion that he wrote the letter based upon the mere suggestion that there may be pertinent emails, is pure bull shit. The agents were complying with and outstanding warrant when they saw the emails. They perfectly appropriately stopped at that point and asked for a warrant to review everything -- and then the justice department (Lynch) refused to go to to court to ask for it. The point is that Comey has already seen enough to KNOW that Clinton committed a crime. When Justice (Lynch) refused to get a warrant, he basically said "screw you" and told Congress what he knew, though he couldn't go forward because Justice refused to get a warrant.

And to further the analogy, if the cops were executing a warrant on my house to look for a gun, I can ALWAYS give them permission to to search every drawer. The FBI can't just release the emails, because they probably have secret information in them. That's ok, much like if I gave permission, Huma can always give permission to the FBI to review her emails. Then they wouldn't need a warrant (or the help of their lawyers at Justice to go get one). The FBI could then tell everyone what they found. So all that needs to happen is for Huma to give them permission to look for "drugs". They wouldn't need a warrant. So maybe Hillary should stop yelling at the FBI to be forthcoming and tell Her girl Huma to be forthcoming. Everyone could find out what the FBI found in a hurry.


Jonathan H said...

That assumes that Hilary Clinton really wants them published; I doubt she really does and is instead making noise to look like the victim as part of trying to salvage her campaign.

Gordon Freece said...

@Jonathan H -- right, that's his point. Hillary knows she could get the material out there herself, but she chooses not to.

Therefore, her call to release the material is disingenuous. To be nice. Or to be less nice, "she's lying again".

An easier way to reach the same conclusion is to say, "Hillary's mouth is open, and there's noise coming out". Hence, she's lying.

Either way works.

Old NFO said...

The Fibbies DID get the warrant last night.

Jason VanLanduyt said...

The FBI can't just release the emails because they are full of classified info---- oh.

matism said...

Loretta has put Clinton's best friend in charge of the "investigation":

Can you spell "treason"???

Meremortal said...

Well, yeah it's obvious that Hillary is just bluffing with the release them business.

The big question is whether the FBI will release any bombshells before next Tuesday.