BREAKING: Search warrant used to obtain Clinton emails during Weiner probe unsealed
Source: LawNewz
The Department of Justice on Tuesday released portions of search warrant obtained by the Federal Bureau of Investigation after its agents found emails pertinent to the Hillary Clinton investigation during the Bureaus Anthony Weiner probe. We are currently going through the warrant, and have posted a copy below. We will update this article as we find more details out from the warrant.
As LawNewz.com reported on Monday, a federal judge ordered the release of the materials after high-profile, Los Angeles attorney E. Randol Schoenberg filed a Freedom of Information Act the demanded the release of the materials.
At the heart of the case was whether Clinton has a privacy interest considering she was never charged with a crime. On that matter, the judge found, Clinton had little remaining privacy interest in the release of documents identifying her as the subject of the investigation because Director FBI Director James Comey held a public press conference this summer and Clinton herself spoke about the case.
Read more: http://lawnewz.com/high-profile/breaking-search-warrant-unsealed-that-was-used-to-obtain-clinton-emails-during-weiner-probe/
There is a link to the 21 page warrant.
The attorney who filed the lawsuit is named E. Randol Schoenberg. This is his comment on his public Facebook page:
https://www.facebook.com/randols?frefts
"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."
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And this is a piece from the WA Post on October 30 that discusses the legal issues involved.
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/10/30/was-it-legal-for-the-fbi-to-expand-the-weiner-email-search-to-target-hillary-clintons-emails/?utm_term.d0e847a5b7eb
A second issue is whether the FBI was permitted to seize the Abedin emails, which were outside the scope of the warrant, and to use them to reopen the investigation into Clintons email server. I think this is the bigger legal issue for the FBI. Most courts have treated this as a matter of the plain view exception. If the government is searching a computer, and it comes across files that are outside its warrant but are clear evidence of second unrelated crime, the usual government practice is to take those files and use them to get a second warrant to search the computer for the second crime. Thats what the FBI appears to be doing here. They are getting a second warrant after discovering Abedins emails because what was likely a first warrant for Weiners emails wouldnt justify the second and broader search. See, e.g., United States v. Carey, 172 F.3d 1268 (10th Cir. 1999).
But if thats true, theres a problem: The plain view exception does not allow evidence to be seized outside a warrant unless it is immediately apparent upon viewing it that it is evidence of another crime. Just looking quickly at the new evidence, there needs to be probable cause that it is evidence of a second crime to justify its seizure, which would presumably be necessary to apply for the second warrant. See Arizona v. Hicks, 480 U.S. 321 (1987); United States v. Williams, 592 F. 3d 511, 522 (4th Cir. 2010).
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So, in other words, even though they found nothing prosecutable in the searches that ended in the summer, they asked the judge to let them do another search of another device, just in case. And he said okay.
= new reply since forum marked as read
There ain't a damn thing there indicating any substantive change in the status of the FBI investigation of possible emails and the original conclusion - not for a candidate eleven days out from a national election. 
...that Robert Hanssan wasn't the only Russian contact in the FBI! If he was that good of an asset, why would the Russians leave him out in the cold...unless they already had other assets within of the FBI?
And now it was time for those senior agents to give something back to Mother Russia...just a theory!
