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I believe in the
principle of
Due Process
Picture of JALLEN
posted Hide Post
It's hard to spin in the dark, and risky, too.




Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
 
Posts: 48369 | Location: Texas hill country | Registered: July 04, 2005Report This Post
Gracie Allen is my
personal savior!
posted Hide Post
Then Hillary & Co. need to get on Lynch to get the warrant. If the FBI/DOJ absolutely have to negotiate with Abedin's lawyers (it may theoretically be easier that way in most cases, but is it absolutely necessary now?), then Hillary & Co. need to get on Abedin to give whatever consent may be needed.

After all, they've demanded the FBI act knowing that the FBI cannot do so. Doesn't it look suspicious if they don't call on Lynch and Abedin to take whatever action they have to in order to make the emails public? Razz
 
Posts: 27303 | Location: Deep in the heart of the brush country, and closing on that #&*%!?! roadrunner. Really. | Registered: February 05, 2008Report This Post
I believe in the
principle of
Due Process
Picture of JALLEN
posted Hide Post
quote:
Originally posted by Il Cattivo:
Then Hillary & Co. need to get on Lynch to get the warrant. If the FBI/DOJ absolutely have to negotiate with Abedin's lawyers (it may theoretically be easier that way in most cases, but is it absolutely necessary now?), then Hillary & Co. need to get on Abedin to give whatever consent may be needed.


Chris Wallace just announced that Bret Baier has e-mailed in that he has two sources that say that Anthony Weiner is cooperating in the investigation. No warrant may be needed.




Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
 
Posts: 48369 | Location: Texas hill country | Registered: July 04, 2005Report This Post
Gracie Allen is my
personal savior!
posted Hide Post
Nuts. It'd be fun to roast Hill over this little conundrum (for her, I'm guessing) like a chestnut in an iron skillet.
 
Posts: 27303 | Location: Deep in the heart of the brush country, and closing on that #&*%!?! roadrunner. Really. | Registered: February 05, 2008Report This Post
Tinker Sailor Soldier Pie
Picture of Balzé Halzé
posted Hide Post
The news is that Weiner has been cooperating with the investigation and willingly turned over the laptop so no warrant was necessary to view its contents.

ETA: As JALLEN pointed out.

Though Fox News Sunday was filmed much earlier this morning so this is not exactly new news.


~Alan

Acta Non Verba
NRA Life Member (Patron)
God, Family, Guns, Country

Men will fight and die to protect women... because women protect everything else. ~Andrew Klavan

 
Posts: 30927 | Location: Elv. 7,000 feet, Utah | Registered: October 29, 2012Report This Post
Gracie Allen is my
personal savior!
posted Hide Post
As JALLEN pointed out earlier, it's possible that getting Abedin to go along would obviate problems (or potential lines of defense) down the road. On the other hand, I don't ever want to hear about a negotiated interrogatory or negotiated anything in this investigation ever again.
 
Posts: 27303 | Location: Deep in the heart of the brush country, and closing on that #&*%!?! roadrunner. Really. | Registered: February 05, 2008Report This Post
Member
posted Hide Post
Don't worry Hil, WikiLeaks is going to get it all out this week. Enyoy!
 
Posts: 7672 | Registered: October 31, 2008Report This Post
Staring back
from the abyss
Picture of Gustofer
posted Hide Post
Is there some spousal privilege involved with this though?

If it was a shared computer, perhaps she has some say in whether or not it is released without a warrant.


________________________________________________________
"Great danger lies in the notion that we can reason with evil." Doug Patton.
 
Posts: 20582 | Location: Montana | Registered: November 01, 2010Report This Post
Gracie Allen is my
personal savior!
posted Hide Post
It actually works the other way as well. If both of them can use it, either can consent to give the FBI access to it. The potential problems occur if Abedin can somehow argue that this should be an exception to the rule, or if the DOJ "negotiates" away FBI access to some or all of the information on the laptop.
 
Posts: 27303 | Location: Deep in the heart of the brush country, and closing on that #&*%!?! roadrunner. Really. | Registered: February 05, 2008Report This Post
Banned
posted Hide Post
quote:
Originally posted by JALLEN:
No warrant may be needed.


That's great news! It does sound a bit familiar, though. I think someone posted that a while back in the thread. Maybe earlier today? Let me browse back through the thread and see if I can find it.

Nonetheless, it's great news.
 
Posts: 1562 | Location: Chester County, PA | Registered: February 12, 2016Report This Post
wishing we
were congress
posted Hide Post
W the CNN report, it makes it even more darker that Lynch wanted this to pass until after the election.
 
Posts: 19759 | Registered: July 21, 2002Report This Post
bigger government
= smaller citizen
Picture of Veeper
posted Hide Post
quote:
Originally posted by amals:
^^^ Keep 'em coming, JALLEN. I always appreciate your reasoned legal perspective in threads like this.


+100

I greatly appreciate JALLEN's contributions.




“The urge to save humanity is almost always only a false-face for the urge to rule it.”—H.L. Mencken
 
Posts: 9183 | Location: West Michigan | Registered: April 20, 2006Report This Post
Ammoholic
posted Hide Post
I can't help wondering if there are a few democrats out there thinking, "Oh CRUD! Wish we had Bernie instead." If this goes like we all hope and Trump buries Mrs. Clinton at the polls, I wonder if there will be an internal revolt in the Democratic Party? After all that talk about how Mr. Trump was tearing the Republican party apart, it would sure be nice to watch the Dems shred themselves in the aftermath of the election. Eek
 
Posts: 7090 | Location: Lost, but making time. | Registered: February 23, 2011Report This Post
Get on the fifty!
Picture of Andyb
posted Hide Post
Being associated with the democrats at this point is tantamount to being associated with traitors. It reflects very poorly on the person.



"Pickin' stones and pullin' teats is a hard way to make a living. But, sure as God's got sandals, it beats fightin' dudes with treasure trails."

"We've been tricked, we've been backstabbed, and we've been quite possibly, bamboozled."
 
Posts: 3625 | Location: OK | Registered: November 07, 2008Report This Post
Member
Picture of dgwiggans
posted Hide Post
quote:
Originally posted by Il Cattivo:
It actually works the other way as well. If both of them can use it, either can consent to give the FBI access to it. The potential problems occur if Abedin can somehow argue that this should be an exception to the rule, or if the DOJ "negotiates" away FBI access to some or all of the information on the laptop.


Hopefully just negotiate to lesser charges & fines rather than any get out of jail free card. I wouldn't be surprised that Ex-Mrs Weiner reaped some of the dirty pay for play monies herself, for her efforts. Mr. Weiner certainly needs to do time for his sexting exploits.
 
Posts: 1884 | Registered: July 06, 2008Report This Post
Irksome Whirling Dervish
Picture of Flashlightboy
posted Hide Post
NY Family Law question:

Is NY one of those states where either spouse holds the privilege and keep the other from talking or is it one where, if one spouse waives the other can't assert it?

Depending on the answer, it might make access to the laptop easier.
 
Posts: 4251 | Location: "You can't just go to Walmart with a gift card and get a new brother." Janice Serrano | Registered: May 03, 2005Report This Post
marinated and
bacon-wrapped

Picture of getupatree
posted Hide Post
Does the fact that State emails are in fact government property change anything warrant-wise?



 
Posts: 1835 | Location: Kentucky | Registered: February 21, 2010Report This Post
Freethinker
Picture of sigfreund
posted Hide Post
The spousal privilege question is interesting. I’m no expert, but I believe it applies only to testimony per se, and not something like reporting or handing over physical evidence. If my wife found a chopped up body in our freezer, reported it to the police, and let them in to seize the evidence, I don’t believe that would be a violation. What she couldn’t do would be testify in court that I came home one night covered in blood and said, “I killed that bastard.”

I would be interested, though, in real legal opinions.




6.4/93.6
 
Posts: 47700 | Location: 10,150 Feet Above Sea Level in Colorado | Registered: April 04, 2002Report This Post
Freethinker
Picture of sigfreund
posted Hide Post
quote:
Originally posted by getupatree:
Does the fact that State emails are in fact government property change anything warrant-wise?


I doubt it. The Fourth Amendment protection arises from the fact that they are in the suspect’s “papers” that are secure from unreasonable search. It would be no different than saying it wasn’t necessary to get a warrant to search someone’s house for stolen property—government or otherwise. By definition stolen property belongs to someone other than the possessor.




6.4/93.6
 
Posts: 47700 | Location: 10,150 Feet Above Sea Level in Colorado | Registered: April 04, 2002Report This Post
Staring back
from the abyss
Picture of Gustofer
posted Hide Post
A 208 year old quote seems fitting.

"Oh, what a tangled web we weave..."


________________________________________________________
"Great danger lies in the notion that we can reason with evil." Doug Patton.
 
Posts: 20582 | Location: Montana | Registered: November 01, 2010Report This Post
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