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re: Question for the Lawyers

Posted on 4/9/18 at 7:29 pm to
Posted by GeauxxxTigers23
TeamBunt General Manager
Member since Apr 2013
62514 posts
Posted on 4/9/18 at 7:29 pm to
So what’s the alleged violation?
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 4/9/18 at 7:29 pm to
quote:

documents that contain many other peoples private data


I think you vastly overestimate how much the government gives a shite about persona data.

Essentially though the FBI should not take anything irrelevant to the case. Then anything that may be relevant and may be privileged is handled by a clean team. Then only the non-privileged relevant material is handled to the people who are investigating the crime.
Posted by IrishTiger89
Member since May 2017
1492 posts
Posted on 4/9/18 at 7:30 pm to
quote:

Is that the bar for investigating and raiding people’s homes and businesses now? Cause if so our FBI needs more funding

No, I believe the bar requires the sign off of the Assistant AG, a Federal Attorney, and a Federal Judge.
Posted by HeyHeyHogsAllTheWay
Member since Feb 2017
12458 posts
Posted on 4/9/18 at 7:30 pm to
quote:

It does have to state probable cause, no?


No, a warrnt merely lists the location to be searched and the parameters of said search.

AN affidavit which a prosecutor must present to a judge to obtain a warrant lists whatever evidence justifies the warrant in the eyes of the government . The warrant is merely a notice from the courts that permission is granted to search X and within what parameters.

Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 4/9/18 at 7:31 pm to
The most likely crime is violations of campaign finance laws by Cohen.
Posted by Ancient Astronaut
Member since May 2015
33066 posts
Posted on 4/9/18 at 7:31 pm to
Nothing is rare lol
Posted by HeyHeyHogsAllTheWay
Member since Feb 2017
12458 posts
Posted on 4/9/18 at 7:32 pm to
quote:

Essentially though the FBI should not take anything irrelevant to the case. Then anything that may be relevant and may be privileged is handled by a clean team. Then only the non-privileged relevant material is handled to the people who are investigating the crime.


How odd did you find it that Clinton's lawyers were allowed to act as the clean team for her emails LOL I was like WTF? I've never heard of that .
Posted by Dale51
Member since Oct 2016
32378 posts
Posted on 4/9/18 at 7:32 pm to
quote:

They both look fishy and should be investigated? Crimes are bad and people should be punished for them if proven guilty in a court of law.

Is that a dodge? Your answer to my question is like..A violent car jacking is like shoplifting a pack of gum. They're both crimes..so..about the same."
Posted by IrishTiger89
Member since May 2017
1492 posts
Posted on 4/9/18 at 7:32 pm to
quote:

So what’s the alleged violation?

A warrant doesn't have to list a violation, however, it appears FEC violations & bank fraud.
Posted by HeyHeyHogsAllTheWay
Member since Feb 2017
12458 posts
Posted on 4/9/18 at 7:32 pm to
quote:

So what’s the alleged violation?


For frick sakes read the god damned thread, it's been posted at least four fricking times.
Posted by McChowder
Hammond
Member since Dec 2006
5221 posts
Posted on 4/9/18 at 7:33 pm to
quote:

Do yall even read the thread? I've explained this. Warrants do NOT list any crimes on them. They merely list the location to be searched and any limits on said search. 

The warrant application has to establish probable cause of a crime. What people are asking is "probable cause for what crime?" You cannot grant a warrant without probable cause of a crime.
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 4/9/18 at 7:34 pm to
That was strange. If you want me to give you my belief, they knew they weren’t going to charge her and therefore viewed the emails as a pro-forma step.

This is actually much more typical for an FBI raid.
Posted by Dale51
Member since Oct 2016
32378 posts
Posted on 4/9/18 at 7:34 pm to
quote:

I think you vastly overestimate how much the government gives a shite about persona data.



Except if its 30k emails about yoga?
Posted by HeyHeyHogsAllTheWay
Member since Feb 2017
12458 posts
Posted on 4/9/18 at 7:35 pm to
quote:

I see what you mean, but it seems apples to oranges when you are talking about a group of documents that contain many other peoples private data. In a case like that it would seem to require more specificity.


As Corporate Tiger explained, a clean team goes through the evidence before the investigators get a look at it, in this case that will almost certainly be a federal judge because of the sensitivity of the investigation.
Posted by IrishTiger89
Member since May 2017
1492 posts
Posted on 4/9/18 at 7:35 pm to
quote:

Is that a dodge? Your answer to my question is like..A violent car jacking is like shoplifting a pack of gum. They're both crimes..so..about the same."

I don't think that they are equal crimes (assuming the evidence is there to convict in a court of law).
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 4/9/18 at 7:36 pm to
quote:

You cannot grant a warrant without probable cause of a crime.


Jesus. The idea that Cohen’s payment could be a campaign finance violation has been in te news for weeks. Why are people pretending this is some great mystery.

That doesn’t mean they can’t use anything that they gather (assumig they do it correctly) as evidence of other crimes:
Posted by Dale51
Member since Oct 2016
32378 posts
Posted on 4/9/18 at 7:37 pm to
quote:



As Corporate Tiger explained, a clean team goes through the evidence before the investigators get a look at it,


It still seems different when dealing with other peoples private information.
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 4/9/18 at 7:37 pm to
I said my 2 cents about that above. Nothing I am saying here is a defense of HRC. People pretending this is abnormal is just absurd.
Posted by HeyHeyHogsAllTheWay
Member since Feb 2017
12458 posts
Posted on 4/9/18 at 7:38 pm to
quote:

That was strange. If you want me to give you my belief, they knew they weren’t going to charge her and therefore viewed the emails as a pro-forma step.


Absolutely agreed.

quote:

This is actually much more typical for an FBI raid.


Only more aggressive. I mean Mueller's own team was saying that Cohen and others were coopoerating with them, and yet this is the second instance of a no knock warrant we have seen. I ran a LOT of investigations in my day and yeah I served several no knock warrants , but rarely were they for anything other than simly sending a message that I wasn't fricking around LOL

I believe this was just peacocking by the FBI. They probably could have asked Cohen for his records and got them. Maybe Cheryl Mills could have culled them for him.
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 4/9/18 at 7:38 pm to
quote:


It still seems different when dealing with other peoples private information


The government has been warrantlessly spying on its citizens for years now. Do you not remember PRISM? Why do you think they are suddenly going to give a shite?
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