Comey and FBI had - NO PROBABLE CAUSE - to search Abedin's computer!!!

[kpete]

Last edited Tue Dec 20, 2016, 06:32 PM - Edit history (8)

Comey Sent Letter Before Having a Warrant or Reading Content of Emails
http://schoenberg.com/Clinton/search%20warrant.pdf

The Subpoena That Rocked The Election Is Legal Garbage, Legal Experts Say
The warrant assumes that the mere existence of emails from or to Hillary Clinton is probable cause that a crime occurred.
http://www.huffingtonpost.com/entry/the-subpoena-that-rocked-the-election-is-legal-garbage-attorney-say_us_58597cd9e4b03904470b0633?nfwb6erkrmcth85mi




https://twitter.com/Amy_Siskind/status/811268873978867716?ref_src=twsrc%5Etfw
http://lawnewz.com/high-profile/breaking-search-warrant-unsealed-that-was-used-to-obtain-clinton-emails-during-weiner-probe/


.....today the FBI released the search warrant (PDF) used to find irrelevant emails between Huma Abedin and Hillary Clinton. There are three things of note in the search warrant:

The search warrant is nothing more than a rehash of Comey’s July press conference. You can hear the animosity of than Clinton Cash-reading agents who dreamed of indicting and perp walking Hillary Clinton but didn’t get to because of you know, laws, between the lines of the indictment.

James Comey issued his outrageous letter to Congress, which tipped the election to Donald Trump, on October 28th,

The Warrant was filed on October 30th.

This means that Comey issued his letter, which cast aspersions and judgments on Secretary Clinton, before he knew what was contained in the emails. This is remarkably unprofessional. Also, by pre-preemptively releasing a letter about a warrant which was filed under seal, Comey showed that he didn’t trust rogue agents to follow the law they swear to uphold and remain silent about items which are under seal.

http://schoenberg.com/Clinton/search%20warrant.pdf
http://www.dailykos.com/stories/2016/12/20/1613049/-Incompetent-Partisan-Hack-James-Comey-Sent-Letter-Before-Having-a-Warrant

MORE:
http://www.usatoday.com/story/news/politics/2016/12/20/fbi-warrant-gives-little-new-light-clinton-emails-comey-letter/95651778/
http://abcnews.go.com/Politics/documents-related-clinton-emails-unsealed-today/story?id=44303519
http://www.newsweek.com/lawyer-says-no-probable-cause-clinton-search-warrant-534400

And THIS!

https://twitter.com/Amy_Siskind/status/810535759157624832
https://www.facebook.com/amy.siskind/posts/10211222942594508

E. Randol Schoenberg
Follow · 2 hrs ·

I see nothing at all in the search warrant application that would give rise to probable cause, nothing that would make anyone suspect that there was anything on the laptop beyond what the FBI had already searched and determined not to be evidence of a crime, nothing to suggest that there would be anything other than routine correspondence between Secretary Clinton and her longtime aide Huma Abedin.

You will have to ask Judge Fox, or the agent in charge (whose name has been redacted), or Director Comey, why they thought they might find evidence of a crime, why they felt it necessary to inform Congress, and why they even sought this search warrant.

I am appalled.

You can view the search warrant at
http://schoenberg.com/Clinton/search%20warrant.pdf
https://www.facebook.com/photo.php?fbid=10154232284756270&set=a.37856836269.52112.718391269&type=3&theater

USA TODAY: Schoenberg said more information needs to be made public before the matter is put to rest. "The FBI agent’s name has not been disclosed, but I think that it may be appropriate to find out his/her name and determine what the motivations were,since it must have been obvious to the FBI that there was no real probable cause to believe they would find evidence of a crime," he said in a follow-up email. "It was very wrong for Director Comey to give that impression."

http://www.usatoday.com/story/news/politics/2016/12/20/fbi-warrant-gives-little-new-light-clinton-emails-comey-letter/95651778/

WAPO:
The FBI told a federal judge that it needed to search a computer to resume its investigation of Hillary Clinton’s use of a private email server because agents had found correspondence on the device between Clinton and top aide Huma Abedin — though they did not have any inkling what was being discussed, according to newly unsealed court documents.

The documents, made public Tuesday after a Los Angeles lawyer sued for their release, reinforce the impression that when the bureau revealed less than two weeks before the election that agents were again investigating Clinton, they had no new evidence of actual wrongdoing. The FBI’s revelation upended the presidential election, and to this day, Clinton and her supporters say it is at least partly to blame for her surprising loss to Donald Trump…

Brian Fallon, the Clinton campaign spokesman, said on Twitter there “was nothing in search warrant filing to controvert Comey’s statements from July and truly establish probable cause of a crime,” and that it was “salt in the wound to see FBI rationale was this flimsy.”

E. Randol Schoenberg, the lawyer who sued to have the warrant unsealed, said he saw “nothing at all in the search warrant application that would give rise to probable cause, nothing that would make anyone suspect that there was anything on the laptop beyond what the FBI had already searched and determined not to be evidence of a crime, nothing to suggest that there would be anything other than routine correspondence between Secretary Clinton and her longtime aide Huma Abedin.”

“I am appalled,” Schoenberg said.

https://www.balloon-juice.com/2016/12/20/nothingburgers-all-the-way-down/

TPM:
The following is from a former federal prosecutor with deep experience in public corruption investigations and prosecutions.

I've reviewed the redacted search warrant that the Court unsealed today.


It confirms what we assumed all along:
(1) prior to seeking the warrant and to Comey issuing his letter, the FBI had no idea whether these were new emails, or duplicates of emails they previously reviewed--all they could see was non-content header information (to and from);

(2) the FBI had no information to suggest that the emails were improperly withheld from them previously;

(3) the FBI had no facts to justify the urgency in seeking a review of the emails prior to the election. This latter point is key. Generally, DOJ policy commands that prosecutors and agents refrain from taking investigative steps (even non-public steps like seeking search warrants) within 60 days of an election in a politically sensitive matter.

http://talkingpointsmemo.com/edblog/yep-comey-s-decision-was-just-as-bad-as-you-thought

[JHan]

1. wtf

[NightWatcher]

2. Yet still nothing will be done about it.

[LaydeeBug]

25. maybe a *strongly worded letter* but that's about it. The saddest part

is that our president now won't do a thing about it, and our president incoming will only reward it.

[DK504]

41. I'm sure the butch

democrats will ask, if they would be so kind to look into this letter, but somehow I don't think any of them will do a damn thing.

Come should be up on charges, a lot of them.

[smirkymonkey]

34. I'm afraid you're right. It bothers me that I could become so cynical in

slightly over a month's time. I have just stopped believing that truth and justice will win out in the end, unfortunately.

[brooklynboy49]

45. Truth and Justice Are Not Going To Win Out

I really don't see the point of these kinds of threads. The election is over and Trumpf is going to be inaugurated on January 20. We can throw up our arms in disgust and outrage, but as a practical matter all we can do is take a page from the Republicans' playbook and make it as difficult as possible for the Republicans to implement their agenda. But the Democrats in Congress, like our president, will probably try to compromise instead of doing what the Republicans did... Obstruct, obstruct, obstruct!!

[PoliticAverse]

3. A judge disagreed apparently as the search warrent was granted. n/t

[Captain1way]

5. "A Judge disagreed"

More like a judge conspired

[MFM008]

52. yup

[meadowlark5]

6. I don't think corruption is beyond the realm of possiblity in this entire situation

Nothing will happen about this new revelation and probably assurances made to the judge that nothing would happen to them either.

This Trump presidency is run like a mafia family.

[Raster]

21. "This Trump presidency is run like a mafia family....

...and for that matter, so is today's GOP. The Republicans have demonstrated time-after-time that they are ALWAYS party before country. Always.

[WhiteTara]

4. And none dare call it Treason. nt

[pbmus]

7. Comrade Comey was given marching orders from Giuliani ...

[kpete]

8. Stay tuned!

If Trump or his team was the source of the information used by the FBI in coming up with the search warrant, it can be shown that their actions, and Comey's letter, interfered with the election.
https://www.facebook.com/amy.siskind/posts/10211222942594508

[LaydeeBug]

27. Oh, they "broke protocol" did they? They will be rewarded nt

[octoberlib]

9. I wonder if the judge was a Republican. This whole thing stinks to high heaven.

[world wide wally]

47. I would bet the farm on that

[lark]

10. Freaking Obama really pisses me off sometimes with his "niceness".

He doesn't want to rock the boat so he let this criminal take over. If the orange assface turns into Hitler, as I think he will, Obama will have a lot of bad karma he will have to overcome. Obama should have 1 - fired Comey on the spot for violating the Hatch act. He also should have publicized the information that Drumpf had major dealings with Russia and was in contact throughout his campaign with Putin. If he had done these 2 things, Clinton would be president-elect right now and the world a much safer place than with heil Drumpf and his tiny hands on the nuclear trigger.

[SammyWinstonJack]

18. You're not alone wrt Obama niceness. smh.

[First Speaker]

19. I'm hoping that Obama's legacy isn't as the second James Buchanan...

...someone who looked on passively as the country descended into hell...

[Hortensis]

22. You sound very sincere. But please note that

attacks on the liberal principles of our democracy, long-established ethics and procedures, and the rule of law are how OUR ENEMIES are threatening destruction of our republic. Somebody has to stand up for and protect them, and Obama was literally elected.

If Obama had just fired Comey, it would have been widely reported as political retribution and Comey seen as an innocent, principled victim of a partisan president determined to affect the election. In other words, the remaining 2 weeks would have been filled with criticism of Obama and Clinton, and we would have been seen as what our enemies are really.

I admit to a hope that Obama will still fire Comey as more evidence is unearthed of extreme abuse of power is gathered, but I doubt it. Some powerful people owe Comey big time. There are reasons why only one FBI director has ever been fired.

[RiverStone]

23. Sadly, why did Obama have Comey in this position at all?

Comey is GOP! Now look at what the fuck happened.

[JudyM]

33. He appears to be more interested in the pipe dream of kumbaya than he is in strategic combat.

I love him as a person and I think he really tried and had his heart in the right place, but the conservatives have gotten so virulently bad spirited that we needed someone willing to be confrontational and use all available power to get our agenda done. Same for Harry Reid, he made the whole situation far, far worse by scuttling around instead of growing a backbone. Someone different in that seat would've supported Obama to achieve far more.

[RiverStone]

37. Agreed, his heart was in the right place....but

I wish he did "take sides" in the whole Russian hacking scandal in a much more vocal and assertive way. As our Democratic president, he had a right, or even an obligation to be partisan!

[JudyM]

38. Partisanship is something he took upon himself to fight. He lost that fight bigly.

And as a result we lost a lot of ground and made less progress than we could've. But I blame Reid far more. He was "experienced" and well-connected yet just played candy-ass instead of learning from our experience with Gingrich, tea baggers and Scalia. When we have an advantage we need to capitalize on it in spite of their opposition!

And now... who knows when we might be in power like that again...

[world wide wally]

48. It seems the the "professional" thing to do is to consider the GOP our "opposition" when in fact

they are the fucking ENEMY!

[JudyM]

55. And an enemy that doesn't play by the rules, which is the worst.

[lark]

58. Exactly!

he tries to appease repugs but it never worked or even had a possibility of working,

[smirkymonkey]

35. This!

Seriously, wtf does he have to lose at this point. He could at least grow a pair and go out fighting.

[Xolodno]

11. To quote Emperor Palpatine in a really bad Star Wars movie...

"I will make it legal!"

Flip side of this, sure hope we aren't being spoon fed this stuff. This makes it even easier for a possible impeachment down the road and a Pence presidency. What's next? Leaked tax returns showing he hasn't paid taxes in years? Leaked health records showing something shocking?

I'll say it again, I don't want Trump impeached. He needs to take everyone down with him.

[woodsprite]

53. Is Gingrich playing the part of Palpatine? N/t

[jalan48]

12. If they can do this to a Presidential candidate imagine how the average citizen can be treated.

[elmac]

13. Its all partisan politics

The judge, the FBI, they any many like them, in power, have this vendetta against the Clintons in general. Maybe they are afraid of losing that power under progressive leadership. Maybe its all about big money and greed. Whatever the reason it was a conspiracy and have no doubt in coordination with sniffles.

[MadDAsHell]

14. I'm not sure I would say "NO PROBABLE CAUSE;" this Judge Fox thought so and signed it.

At this point it's a Schoenberg vs. Judge Fox disagreement. Both are legal experts qualified to have an opinion on whether the search warrant was valid or not.

Most of us are not.

[Auntie Bush]

39. 🤐☹️

[Equinox Moon]

15. This was a for-real coup d'etat

The only thing missing was a military assault (thank god!).

Please, Pres. O and DOJ do something about this!

[Coyotl]

16. Obama must tell Comey, "You're FIRED!"

And appoint a special prosecutor with broad discretion to investigate the election.

[hadEnuf]

17. Yes, Comey should be fired with prejudice.

Who cares who Trump appoints in his place? He's stacking the government with scumbags anyway.

A message needs to be sent to the fascist right that their BS is not going to be tolerated.

[calimary]

44. Welcome to DU, hadEnuf!

I am appalled, too.

There's another way to view this, though. He now has Comey on his hands. And as we've seen, James Comey is a rogue agent. He'll do whatever he thinks keeps his own ass clean.

And Comey's now proven two things:
1) He can't be trusted. He's just as likely to screw over The Donald as he was to screw over Hillary. He's a true wild card. ABSOLUTELY rogue. If its his ass or trump's, guess who wins?
2) He's a shitty manager who can't control his people. He stepped into this mess because he was afraid that other rogue agents in the FBI's New York field office, who were rabid Hillary haters and believed everything in those shit-works filled with lies and smears about Hillary individually and both Hillary and Bill, would leak the details. "Clinton Cash" I believe is the book they regarded as their "other Bible." They were ready to leak this behind Comey's back - maybe they even threatened it - because they hated her that much. And Comey knew it. So it shows these rogues are A) in business for themselves; and B) can't be controlled by the guy who's supposedly their boss.

I doubt trump has even thought that far, nor have any of his underlings who are still drunk with their newfound power and arrogance. They probably assume Comey's their boy. I seriously doubt it. Comey's got his own agenda - one that puts James Comey FIRST. Comey's working for himself.

Insubordination is an ICKY thing to have to deal with as a manager. I know from personal experience, when I had my own rogue agent in my newsroom. She was brand new to the market, thought she knew everything even though she was brand new to the business, and hellbent on getting me removed because she wanted my job (my morning-drive on-air job, not the department head job that came with it - that was dreary as hell). She was also extremely pretty and knew how to make the most of it, and directed all of that toward the program director - who could decide my fate and anybody else's on the air. I decided my best (likely only) option was to get out of range. To jump ship before I was pushed. So I found another gig at a competing station, where the ratings grew after my arrival there.

I doubt The Donald will go to that length to get out of whatever hot seat in which his recklessness and lack of impulse control will plop him. But it will likely come. And Comey won't be a reliable ally or cover. Comey isn't looking out for anybody else's ass but his own.

[world wide wally]

49. I hate to disagree, but I do believe Comey is working for Russia

[Ace Rothstein]

20. This should have happened a month ago.

[RiverStone]

24. This offers no consolation

Just feeds the rage.

Of course there was no probable cause. The only motive here was to disrupt the election...and take the heat later.

Will tRump allow President Obama's SCOTUS to go though to make it up to us?

Even if ass wipe Comey is fired, the damage has been done. And it's catastrophic

[LaydeeBug]

32. This. nt

[Baitball Blogger]

26. So, are we all thinking conspiracy?

[Jacob Boehme]

28. Could this be called a Drive-by coup d'tat?

[still_one]

29. and the television media outlets lied that the email investigation was being reopened

[still_one]

30. Fire the ass President Obama

[chillfactor]

31. i hope

comey burns in hell!!!!!!!!!!!!!

[ffr]

36. Corruption at the highest levels, the GOP's version of two hail maries.

Putting a new face on an old dead story to make it look like a new story, but it was the same old dead story with no there THERE. But more importantly covering the conspiracy up as best they can, hoping enough people won't take notice.

And Putin's background misinformation campaign against the only presidential candidate who would put up a fight against Russian interference around the globe. He had/has everything to gain from undermining America with through tRump's incompetence and everything to lose had Hillary Clinton won her predestined election victory.

And the dumbed-down undecideds bought enough of it to give both the GOP and the Russians this Russian U.S. presidential candidate, the absolute worst of the worst possible candidates for the American people.

Fcuk!!!! How do we get out of this mess? Where's a referee when you need someone to throw a flag. This should not stand!!!

[Eric J in MN]

40. Search warrants don't involve an advocate for the person losing privacy.

Law enforcement gives the judge reasons for the warrant, and there is no one who counters that those reasons are bogus.

[mcar]

42. This is infamous!

History, at least, will judge Comey very harshly. If we survive long enough for history to be recorded.

Just when I think I won't get sick and outraged about this again...

[Mc Mike]

43. If the Dem leadership is waiting for the public to beg,

then I beg the Prez, the VP, the popular vote winning candidate, the popular Senator who opposed her in the primary, and all the big named leaders in Congress and State government to stand united and say we are not going to let the orange nazi into power.

I support any thing the United Dems want to do, to preserve the America, it's Constitution, and Democracy.

[sellitman]

46. It doesn't matter any more.

He is now the law. You think I kid?

I wish I was. Laws doesn't pertain to him. You watch and tell me I'm wrong.

Shit he could shoot someone dead in the streets and he would of won.

It was rigged.

[world wide wally]

50. Comey should have been fired when he editorialized about the FBI findings back in June.

Any poker player worth his salt would have seen the "tell" in that and kicked his ass out right then and there

[PinkFloyd]

51. Well DUH!

While this is news because it points to the obvious, if anyone honestly thought there was a thin hair of a chance that Comey's actions weren't 100% politically motivated, they haven't been paying attention.

[jimlup]

54. [phone] /nt

[Loge23]

56. See how easy it is to destroy our country?

We're basically splitting hairs about this revelation as to why and what for. Of course, none of this matters anymore.
A self-styled fascist was appointed as President and nothing will change that.
Sure, he can be impeached and hopefully will, but his damage - and his VP - will carry on the destruction of as many progressive policies as they can their slimy evil hands on.
The country was hoodwinked by a red herring, pun not intended but obvious.
We're only getting started folks. Remember, the fuhrer keeps lists. Just wait until the retributions begin.
The collective intellect of this country has fallen so precipitously that a functional idiot can basically "play" President as a front for a much more sinister intent and the moronic masses eat it up.
Now that's truly "SAD!".

[Gothmog]

57. Comey is pond scum and lacks any professional or other ethics