Friday 20th April 2018

Home » Frontpage » Currently Reading:

Can The FBI Get Away With Getting Trump Team Emails?

December 27, 2017 Frontpage No Comments

By ANDREW P. NAPOLITANO

Within hours of his victory in last year’s presidential election, Donald Trump dispatched his lawyers to establish a nonprofit corporation to manage his transition from private life to the presidency. This was done pursuant to a federal statute that provides for taxpayer-funded assistance to the newly elected — but not yet inaugurated — president. The statutory term for the corporation is the presidential transition team, or PTT.
In addition to paying the PTT’s bills, the General Services Administration, which manages all nonmilitary federal property, provided the PTT with government computers, software and a computer service provider. During the course of the PTT’s existence, the folks who worked for it sent or received tens of thousands of emails. The PTT ceased to exist upon Trump’s inauguration, and a receiver was hired to wind it down.
Last weekend, a lawyer for the receiver revealed a letter he sent to Congress complaining that special counsel Robert Mueller — who is investigating whether there was any agreement between the Trump campaign and the Kremlin that resulted in the now-well-known efforts by Russian intelligence to affect the outcome of the 2016 presidential election — dispatched FBI agents to the GSA looking for copies of all the PTT’s emails and that the GSA surrendered them.
How did this happen?
When the FBI is looking for documents or tangible things, it has several legal tools available. They range in their disruptive nature from a simple request to a grand jury subpoena to a judicially authorized search warrant.
The FBI request is the easiest for the government, and if FBI agents ask you for something and you give it to them, you cannot later be heard to complain that your privacy rights regarding the things you surrendered were violated. If they seize your documents pursuant to a subpoena or a warrant, they normally get to use what they have seized.
The issue becomes more complex when the FBI comes calling for documents of yours that are legally in the hands of a custodian — such as your physician, lawyer, banker or accountant. In the case of Trump’s PTT and Mueller’s wish for all PTT emails, the sought-after data — the electronic copies of all the PTT’s emails — were in custody of the GSA.
Anyone who has ever used a GSA computer is familiar with the warning that appears on the screen at the time of each use. It says that there is no right to privacy in the communications sent or received, as the electronic versions of those communications are the property of the federal government. This, no doubt, is the reason Hillary Clinton infamously used her husband’s computer servers during her four years at the State Department rather than the government’s.
We do not know whether Mueller’s FBI agents merely requested the electronic data from the GSA or his prosecutors obtained a grand jury subpoena. If it was a simple FBI request and if the GSA simply complied, that was a lawful acquisition by the FBI of the PTT emails, yet in that case, the GSA violated its fiduciary duty to inform the PTT of the request before it complied with it.
If the FBI came calling on the GSA with a grand jury subpoena, that means Mueller’s team must have presented evidence under oath to a grand jury and demonstrated that the sought-after items would more likely than not be helpful to the investigation. When a grand jury issues a subpoena to a custodian of records — no matter who the custodian is — it is the moral and fiduciary duty of the custodian, not the government, to inform the owner of the subpoenaed items that a subpoena has been received.
In some cases, it is also the legal duty of the custodian to inform the owner, but it apparently was not in this case. As far as we can tell, there was no written agreement between the GSA and the PTT requiring the GSA to inform the PTT of any document requests or subpoenas. Had such a request been revealed, the lawyer for the receiver of the PTT would have had an opportunity to challenge the government before a judge. Without that notice, there is no time for the challenge.
Until 1986, it was the duty of the government when seeking documents or tangible things from a custodian to inform the owner, as well as the custodian, of its intent. That fair procedure gave the owner of the records time to challenge the government before a judge. But the Electronic Communications Privacy Act of 1986 (which has nothing whatsoever to do with protecting privacy), enacted at the dawn of the digital age, did away with that requirement.
Now if the custodian remains silent in the face of an FBI request or a grand jury subpoena, the owner of the documents loses his opportunity to keep them from the government. That is what happened here.
But there is more.
The practical effect of Mueller’s acquisition of the transition emails could be devastating to White House staff who once worked for the transition. Many of them have been interviewed by the FBI while no doubt being ignorant of the fact that the FBI had read their emails. Stated differently, the FBI was in a position to lead Trump White House staff members into a lying trap — just as it did with retired Lt. Gen. Michael Flynn — by asking them questions to which the FBI already had the answers.
Lying traps are reprehensible, but they’re lawful. And they are not unique to Mueller’s practices; it is the way the feds work today. Can the FBI get away with getting the Trump team’s emails? In a word: yes. This investigation is not going away soon.

Share Button

2017 The Wanderer Printing Co.

Priests are performing exorcisms over the phone, cardinal claims

Priests have been carrying out exorcisms over the phone as demand continues to rise, a Cardinal has said. Speaking at the Vatican’s annual exorcist training conference in Rome, Cardinal Ernest Simoni said priests are delivering prayers of liberation, part of…Continue Reading

Twitter suspends right-wing commentator Mark Dice for saying transsexualism is a mental illness

April 16, 2018 (LifeSiteNews.com) – Right-wing commentator Mark Dice, famous for YouTube video interviews with random passers-by in public spaces, says that his Twitter account was suspended Thursday of last week after he implied that transgenderism is a mental illness.…Continue Reading

Pope: ‘Troubled’ over Syria, praying for Alfie Evans

At the Regina Caeli, Pope Francis calls for greater commitment from the international community for a joint action for peace in Syria. He also asks that Alfie, who is suffering from a degenerative disease and whom doctors want to deny…Continue Reading

There’s no ‘bridge’ between modernism and faithful Catholicism

April 13, 2018 (LifeSiteNews) – The Catholic Church today is suffering greatly from a split among the faithful.  This split is evident in matters pertaining to the liturgy, doctrine, social teaching, morality, theology, and even in how the Faithful view…Continue Reading

Trump Unleashes Military Strikes on Syria Over Chemical Attack

President Donald Trump said he had approved military strikes on Syria in retaliation for an apparent chemical attack by the regime of Bashar al-Assad on a rebel town. “A short time ago I ordered the United States armed forces to…Continue Reading

Full text of Pope Francis’ letter to Chilean bishops

Vatican City, Apr 11, 2018 / 04:16 pm (CNA/EWTN News).- In a letter addressed to Chile’s bishops, Pope Francis admitted to making “serious mistakes” in handling the nation’s massive sex abuse crisis and asked for forgiveness. The pope summoned Chile’s…Continue Reading

Citing growing interest in Traditional Latin Mass, Archbishop Chaput creates quasi-parish

Philadelphia, Pa., Apr 12, 2018 / 12:49 am (CNA/EWTN News).- A new quasi-parish for Catholics interested in the Traditional Latin Mass will open in the Archdiocese of Philadelphia at a church that had been part of a 2014 parish merger.…Continue Reading

Cecile Richards speaking at Catholic university in SF Archdiocese

Cecile Richards, a national leader for women’s rights and social and economic justice, has been added to the Institute for Leadership Studies (ILS) 2018 Spring Leadership Lecture Series at Dominican University of California. The series is presented by Dominican in…Continue Reading

Pope Francis releases exhortation on holiness

VATICAN CITY — God calls all Christians to be saints — not plastic statues of saints, but real people who make time for prayer and who show loving care for others in the simplest gestures, Pope Francis said in his…Continue Reading

Cuomo Loots A Catholic Charity

Gov. Andrew Cuomo has a disturbing new way to raise revenue: using government muscle to squeeze private organizations into “voluntarily” writing billion-dollar checks. That’s what he did to Fidelis Care, a nonprofit health plan affiliated with the Catholic Church, and…Continue Reading

Chappaquiddick And Us

Ah, you can always predict The New York Times;  from covering up the crimes of Stalin, courtesy of their Pulitzer Prize winning reporter Walter Duranty, their goal is to ever protect the left.  Thus, it is unsurprising that they published a hit…Continue Reading

Catholic morality has been replaced by a destructive sexuality

During the course of his journalistic and literary career, Cork writer Seán O’Faoláin (1900-1991) was fond of lists, often with a view to lampooning the excessive strictures of his era. He was 20-years-old and a university student before he learned…Continue Reading

Untitled 5 Untitled 2

Attention Readers:

  Welcome to our website. Readers who are familiar with The Wanderer know we have been providing Catholic news and orthodox commentary for 150 years in our weekly print edition.


  Our daily version offers only some of what we publish weekly in print. To take advantage of everything The Wanderer publishes, we encourage you to su
bscribe to our flagship weekly print edition, which is mailed every Friday or, if you want to view it in its entirety online, you can subscribe to the E-edition, which is a replica of the print edition.
 
  Our daily edition includes: a selection of material from recent issues of our print edition, news stories updated daily from renowned news sources, access to archives from The Wanderer from the past 10 years, available at a minimum charge (this will be expanded as time goes on). Also: regularly updated features where we go back in time and highlight various columns and news items covered in The Wanderer over the past 150 years. And: a comments section in which your remarks are encouraged, both good and bad, including suggestions.
 
  We encourage you to become a daily visitor to our site. If you appreciate our site, tell your friends. As Catholics we must band together to rediscover our faith and share it with the world if we are to effectively counter a society whose moral culture seems to have no boundaries and a government whose rapidly extending reach threatens to extinguish the rights of people of faith to practice their religion (witness the HHS mandate). Now more than ever, vehicles like The Wanderer are needed for clarification and guidance on the issues of the day.

Catholic, conservative, orthodox, and loyal to the Magisterium have been this journal’s hallmarks for five generations. God willing, our message will continue well into this century and beyond.

Joseph Matt
President, The Wanderer Printing Co.

Untitled 1

Interview With Cardinal Burke . . . Discriminating Mercy: Defending Christ And His Church With True Love

Cburke3

  By DON FIER (Editor’s Note: His Eminence Raymond Leo Cardinal Burke, Patron of the Sovereign Military Order of Malta and Founder of the Shrine of Our Lady of Guadalupe in La Crosse, Wis., graciously took time out of his busy schedule to grant The Wanderer a wide-ranging interview during a recent visit to the Shrine. Included among the topics…Continue Reading

Developing Lives Of Peace After The Heart Of Mary

By RAYMOND LEO CARDINAL BURKE (Editor’s Note: His Eminence Raymond Leo Cardinal Burke delivered the address below at the 32nd Annual Church Teaches Forum, “The Message of Fatima: Peace for the World,” Galt House, Louisville, Ky., July 22, 2017. The address is reprinted here with the kind permission of Cardinal Burke. All rights reserved. This is part one of the…Continue Reading

Catechism

Today . . .

The surprising reason why LGBT and abortion activists have been close allies from the beginning

CLEVELAND, Ohio, April 17, 2018 (LifeSiteNews) – The pro-abortion and LGBT movements are linked spiritually, ideologically and politically, a Christian pro-family advocate says. Because of this, it has become more important than ever before for pro-life and family advocates to unite against these enemies of life and the family. Former abortion volunteer and Christian convert Linda Harvey explained to a recent pro-life conference how the LGBT and abortion movements have the common elements of rejecting God’s…Continue Reading

A plea for mercy: Thomas Evans asks Pope Francis to save little Alfie

ROME, April 16, 2018 (LifeSiteNews) — Alfie Evans’ father has said he is knocking “on the Church’s door” asking for help to save his son from being euthanized, and is pleading that his “voice be brought to the Holy Father” so that Alfie can be transferred to “the Pope’s hospital” in Rome. In a letter sent on Sunday to the archbishop of Liverpool, Thomas Evans also confirmed that he and Alfie are both

Syrian patriarchs condemn ‘unjust aggression’ of Friday allied airstrikes, ask for prayers

Damascus, Syria, Apr 15, 2018 / 03:12 am (CNA/EWTN News).- The airstrikes carried out by the United States, the United Kingdom and France against Syria on Friday constituted “unjust” and “brutal” aggression, the patriarchs of the major Christian Churches in Syria have said in a joint statement. President Donald Trump ordered the airstrikes along with the U.K. and France in a joint show of military force following the suspected use of chemical warfare by the…Continue Reading

FULL TEXT: Cardinal Burke’s talk on the limits of papal power

ROME, April 13, 2018 (LifeSiteNews) — What is the extent of papal power? Are there any limits, and if so how is the violation of those limits judged and corrected? These and other questions were addressed by Cardinal Raymond Burke last Saturday, April 7, at a conference in Rome titled ‘Catholic Church: Where are you heading?’ The afternoon symposium, sponsored by the ‘Frie

Trump supporters slam decision to launch strikes against Syria

Prominent supporters of President Trump are expressing skepticism over his decision to launch airstrikes against Syria, slamming the move as overly aggressive and unnecessary. Fox News hosts Tucker Carlson and Laura Ingraham both questioned Trump’s decision Friday to launch strikes in retaliation for a chemical weapons attack last weekend that the U.S. has attributed to the Syrian government. Carlson noted the move was inconsistent with the president’s message during his 2016 campaign, and Ingraham said

Advertisement(2)

A Book Review… Edith Stein’s Love Of Wisdom

By MITCHELL KALPAKGIAN Edith Stein: The Life and Legacy of St. Teresa Benedicta of the Cross, by Maria Ruiz Scaperlanda (Sophia Institute Press: Manchester, NH, 2017), 221 pp.; paperback $15.95. Available from www.SophiaInstitute.com or 1-800-888-9344. An engaging, comprehensive introduction to the life, writings, thought, and martyrdom of a Jewish convert to the Catholic faith beatified…Continue Reading

Neither Left Nor Right, But Catholic… The Illusion Of Independent Thinking

By STEPHEN M. KRASON (Editor’s Note: Stephen M. Krason’s “Neither Left nor Right, but Catholic” column appears monthly [sometimes bimonthly]. He is professor of political science and legal studies and associate director of the Veritas Center for Ethics in Public Life at Franciscan University of Steubenville. He is also co-founder and president of the Society…Continue Reading

A Book Review… The Interruption Of A Catholic Renaissance

By JUDE DOUGHERTY Douthat, Ross. To Change the Church: Pope Francis and the Future of Catholicism. New York: Simon and Schuster, 2018. xvii + 234 pp. Available at Amazon.com. (Editor’s Note: Please also see James K. Fitzpatrick’s review of the Douthat book in The Wanderer, March 1, 2018, p. 1.) + + + The Archdiocese…Continue Reading

The Incredible Enlarging Child

By DONALD DeMARCO Psychologists who study perception tell us that we interpret things against a background. We notice what is called the figure, but we interpret the figure in relation to a background which we do not notice. A candle is holy when set on an altar, romantic on a piano, eerie in a jack-o-lantern,…Continue Reading

Has The War Party Hooked Trump?

By PATRICK J. BUCHANAN With his Sunday, April 8 tweet that Bashar Assad, “Animal Assad,” ordered a gas attack on Syrian civilians, and Vladimir Putin was morally complicit in the atrocity, President Donald Trump just painted himself and us into a corner. “Many dead, including women and children, in mindless chemical attack in Syria,” tweeted…Continue Reading

Advertisement

Our Catholic Faith (Section B of print edition)

Raymond Cardinal Burke… Pope Francis Is “Increasing The Confusion”

(Editor’s Note: Below is the full text of an April 5 interview Raymond Cardinal Burke granted to an Italian Catholic publication, La Nuova Bussola Quotidiana. LifeSiteNews reprinted that interview with permission of Riccardo Cascioli, La Nuova Bussola Quotidiana’s editor, and we provide it here. All rights reserved. (Diane Montagna did the translation for LifeSiteNews.) + + + ROME (LifeSiteNews) —…Continue Reading

The Sheep Of The Lord’s Flock

By FR. ROBERT ALTIER Fourth Sunday Of Easter (YR B) Readings: Acts 4:8-12 1 John 3:1-2 John 10:11-18 Our faith is one of mystery and what might appear to some as contradictions. Of course, there are no contradictions; paradox would probably be the better word to describe it. Our readings today describe several paradoxes for our consideration. First, we hear…Continue Reading

A Leaven In The World… Confusion, Straw Men Mar Papal Document

By FR. KEVIN M. CUSICK Pope Francis gets high marks in his latest apostolic exhortation on personal holiness, Gaudete et Exsultate (GE), for defending solid teaching on at least one embattled doctrinal truth: “Jesus wanted us to conclude by asking the Father to ‘deliver us from evil.’ That final word does not refer to evil in the abstract; a more…Continue Reading

The Sacraments Instituted By Christ… Christ Is The Fulfillment Of The Sacrifices Of The Old Law

By RAYMOND DE SOUZA, KM Part 24 In the two previous articles, we considered the three most important ceremonies of the Old Law, namely, the Sacrifice of the Covenant, the Pasch, and the Day of Atonement. In the New Testament, the Sacrifice of Calvary is closely connected to those three central Jewish sacrifices. In this article, we will see how…Continue Reading

Overview Of The Eight Beatitudes

By DON FIER The dignity of the human person, as we saw last week, “is rooted in his creation in the image and likeness of God” (Catechism of the Catholic Church [CCC], n. 1700). Precisely because he is “endowed with a spiritual soul, with intellect and with free will, the human person is from his very conception ordered to God…Continue Reading

Catholic Heroes… St. Pedro Calungsod

By CAROLE BRESLIN Guam, a small island about 1,600 miles east of the Philippines, is an unincorporated territory of the United States. This small island, which has played an important role in U.S. military activities in Southeast Asia since the early twenty-first century, was recently a pawn in the political chess game with North Korea. The Jesuits first came to…Continue Reading

Catholic Heroes… St. Agnes Of Montepulciano

By CAROLE BRESLIN When St. Therese of Lisieux was only 15 years old, she begged her father to let her enter a convent. Her parents, Saints Louis Martin and Marie-Azélie Guérin, were faithful Catholics and raised their children to cherish the religious life. About six hundred years before St. Therese was born, another saint had the same ambition: to join…Continue Reading