Monday 20th March 2023

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

2019 The Wanderer Printing Co.

Twitter Feed

Biden administration pats itself on the back for shooting down China balloon - meanwhile southern border is wide open to the Chinese.

House Republicans approved 2 #ProLife measures.

The first measure would ban #Abortion on babies born alive and require the babies be given medical care and treatment. The other measure condemned a spurt of growing attacks against crisis pregnancy centers.

House Republicans Pass Pro-Life Bills

House Republicans on Jan. 11 approved two pro-life measures. The first measure passed by the House would ban abortion ...

www.theepochtimes.com

Load More...

Vatican and USCCB leave transgender policy texts unpublished

While U.S. bishops have made headlines for releasing policies addressing gender identity and pastoral ministry, guidelines on the subject have been drafted but not published by both the U.S. bishops’ conference and the Vatican’s doctrinal office, leaving diocesan bishops to…Continue Reading

Biden says Pope Francis told him to continue receiving communion, amid scrutiny over pro-abortion policies

President Biden said that Pope Francis, during their meeting Friday in Vatican City, told him that he should continue to receive communion, amid heightened scrutiny of the Catholic president’s pro-abortion policies.  The president, following the approximately 90-minute-long meeting, a key…Continue Reading

Federal judge rules in favor of Gov. DeSantis’ mask mandate ban

MIAMI (LifeSiteNews) – A federal judge this week handed Florida Republican Gov. Ron DeSantis another legal victory on his mask mandate ban for schools. On Wednesday, Judge K. Michael Moore of the Southern District of Florida denied a petition from…Continue Reading

The Eucharist should not be received unworthily, says Nigerian cardinal

Priests have a duty to remind Catholics not to receive the Eucharist in a state of serious sin and to make confession easily available, a Nigerian cardinal said at the International Eucharistic Congress on Thursday. “It is still the doctrine…Continue Reading

Donald Trump takes a swipe at Catholics and Jews who did not vote for him

Donald Trump complained about Catholics and Jews who did not vote for him in 2020. The former president made the comments in a conference call featuring religious leaders. The move could be seen to shore up his religious conservative base…Continue Reading

Y Gov. Kathy Hochul Admits Andrew Cuomo Covered Up COVID Deaths, 12,000 More Died Than Reported

When it comes to protecting people from COVID, Andrew Cuomo is already the worst governor in America. New York has the second highest death rate per capita, in part because he signed an executive order putting COVID patients in nursing…Continue Reading

Prayers For Cardinal Burke . . . U.S. Cardinal Burke says he has tested positive for COVID-19

VATICAN CITY (CNS) — U.S. Cardinal Raymond L. Burke said he has tested positive for the virus that causes COVID-19. In an Aug. 10 tweet, he wrote: “Praised be Jesus Christ! I wish to inform you that I have recently…Continue Reading

Democrats Block Amendment Banning Late-Term Abortions, Stopping Abortions Up to Birth

Senate Democrats have blocked an amendment that would ban abortions on babies older than 20 weeks. During consideration of the multi-trillion spending package, pro-life Louisiana Senator John Kennedy filed an amendment to ban late-term abortions, but Democrats steadfastly support killing…Continue Reading

Transgender student wins as U.S. Supreme Court rebuffs bathroom appeal

WASHINGTON (Reuters) -The U.S. Supreme Court on Monday handed a victory to a transgender former public high school student who waged a six-year legal battle against a Virginia county school board that had barred him from using the bathroom corresponding…Continue Reading

New York priest accused by security guard of assault confirms charges have now been dropped

NEW YORK, June 17, 2021 (LifeSiteNews) — A New York priest has made his first public statement regarding the dismissal of charges against him.  Today Father George W. Rutler reached out to LifeSiteNews and other media today with the following…Continue Reading

21,000 sign petition protesting US Catholic bishops vote on Biden, abortion

More than 21,000 people have signed a letter calling for U.S. Catholic bishops to cancel a planned vote on whether President Biden should receive communion.  Biden, a Catholic, supports abortion rights and has long come under attack from some Catholics over that…Continue Reading

Bishop Gorman seeks candidates to fill two full time AP level teaching positions for the 2021-2022 school year in the subject areas of Calculus/Statistics and Physics

Bishop Thomas K. Gorman Regional Catholic School is a college preparatory school located in Tyler, Texas. It is an educational ministry of the Catholic Diocese of Tyler led by Bishop Joseph Strickland. The sixth through twelfth grade school provides a…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

Catechism

Today . . .

">Cardinals Burke . . . SAME-SEX UNION BLESSINGS?

Longtime teacher fired after discussing God in classroom, challenging ‘evil’ LGBT school policy

(LifeSiteNews) — A longtime public school teacher in Idaho was let go earlier this month for being unafraid to mention God in the classroom and voicing his objections to a pro-LGBT policy designed to promote “transgender” ideologies among young people.  Ian O’Connell, a Catholic teacher who served as a substitute in the public institutions of Caldwell School District for over 20 years, spoke on February 13 about a proposed “gender identity and sexual orientation” policy that…Continue Reading

Murder investigation underway in shooting death of LA Auxiliary Bishop O’Connell

The shooting death of Los Angeles Auxiliary Bishop David G. O’Connell Saturday is being investigated as a homicide, authorities have confirmed. “This incident is being handled as a murder investigation,” the Los Angeles County Sheriff’s Department (LASD) said in a statement Sunday. No additional details were released. “We learned early this morning from the Los Angeles County Sheriff’s office that they have determined that the d

FBI whistleblower releases docs showing agency is surveilling ‘Radical’ Latin Mass Catholics

RICHMOND, Virginia (LifeSiteNews) — A document released by an FBI whistleblower indicates the agency plans to intensify its “assessment” and “mitigation” of “Radical Traditionalist Catholics” over the next 12 to 24 months due to alleged concerns that “white nationalists” are increasingly making common cause online with attendees of the Latin Mass.

MN Catholics Pass Radical Abortion Bill

SAINT PAUL, Minn. (ChurchMilitant.com) – Catholic legislators have been instrumental in the nation’s most radical abortion bill becoming state law.  The so-called Protect Reproductive Options Act, or PRO Act, allows for the killing of unborn babies up until birth — by any method, with no maternal age restrictions and for any reason. Minnesota’s Senate passed the lethal legislation on Saturday, following 15 hours of debate. As promised, Gov. Tim Walz, a two-term Democrat, signed the bill into law on Tuesday afternoon.  “We are enacting the most extreme bill…Continue Reading

300th Catholic Church Attacked Since 2020

(Wanderer Editor’s Note: This March 13 article is reprinted from CatholicVote.org with their permission. All rights reserved.) + + (CV News Feed) — An act of vandalism against a Catholic church in Connecticut over the weekend marked a grim milestone: The 300th known attack on a Catholic church in America since the spring of 2020.Police…Continue Reading

St. Veronica And Face-Face Human Relationships

By DONALD DeMARCO The sixth of the 14 Stations of the Cross tells us that “Veronica wipes the face of Jesus.” According to tradition, Christ left an imprint of His face on the veil (or cloth) that she used. Veronica looked upon Christ’s bloodstained face with sympathy, Christ responded with an expression of His loving…Continue Reading

Destroy The Mexican Drug Cartels

By JOSH HAMMER The tragic killing of two U.S. citizens this past week in the border town of Matamoros, Mexico, should, in a just world, refocus American attention on the glaring problem of transnational drug cartels’ de facto control of large swaths of our perilously porous southern border.That the two Americans killed may have been…Continue Reading

“God Really Intervened”. . . How A Priest Escaped From His Kidnappers In Haiti

By DIEGO LOPEZ MARINA SANTO DOMINGO (CNA) — Fr. Antoine Macaire Christian Noah, a Claretian priest from Cameroon, escaped unharmed from a crime gang that had kidnapped him in Haiti last month and has been taken to another country for his safety.On March 2, Fr. Fausto Cruz Rosa, major superior of the Antilles Delegation of…Continue Reading

Utah Legislature Passes Bill Banning All Abortion Clinics

By MICAIAH BILGER SALT LAKE CITY (LifeNews) — A bill to ban abortion facilities in Utah passed the state legislature Thursday, March 3 by an overwhelming majority.After the Utah Senate voted 22-6, the bill now heads to Gov. Spencer Cox, a pro-life Republican, who said he supports the bill, the Associated Press reports.Sponsored by State…Continue Reading

Advertisement

Our Catholic Faith (Section B of print edition)

The Glory Of The Son Of God

By FR. ROBERT ALTIER Fifth Sunday Of Lent (YR A) Readings: Ezek. 37:12-14Romans 8:8-11John 11:1-45 In the first reading today, God promises us through the Prophet Ezekiel that He will open the graves of His people and have them rise from their graves. This is the promise of the Resurrection. This needs to be made clear because in the Gospel…Continue Reading

Catholic Replies

Editor’s Note: This series on the Bible is from the book Catholicism & Scripture. Please feel free to use the series for high schoolers or adults. We will continue to welcome your questions for the column as well. Please see the contact information at the end of the column. Special Course On Catholicism And Scripture (Chapter 15) After some fifty…Continue Reading

The Rampage Of The Lawless

By FR. KEVIN M. CUSICK One supposes that the truth becomes “safe” for liars once they control the levers of power and thus can take credit for finally disseminating it, or allowing it be to spread. The power of elected office or bureaucratic privilege is instrumentalized for its own perpetuation at whim through a manipulation of the facts. We are…Continue Reading

The Conditions For Mortal Sin Are Not That Hard To Meet

By MSGR. CHARLES POPE (Editor’s Note: Msgr. Charles Pope posted this commentary on March 5 and it is reprinted here with permission. Msgr. Pope is the pastor of Holy Comforter-St. Cyprian in Washington, D.C.) + + Recent and public conversations about the nature of mortal sin, the reception of Holy Communion and worthiness to receive the Eucharist have shown how…Continue Reading

Reject Evil And Live For The Son Of God

By FR. ROBERT ALTIER Fourth Sunday Of Lent (YR A) Readings: 1 Samuel 16:1b, 6-7, 10-13Eph. 5:8-14John 9:1-41 In the first reading today, we see one of the most typical of human actions: judging by appearances. God sends Samuel to anoint the king He has chosen. Samuel does not know who the man is, but he does know that he…Continue Reading

Crushed But Unbroken . . . The Martyrdom Of St. Margaret Clitherow

By RAY CAVANAUGH The late-1500s were a tough time for Catholics in England, where the Reformation was in full gear. A 1581 law prohibited Catholic religious ceremonies. And a 1584 Act of Parliament mandated that all Catholic priests leave the country or else face execution. Some chose to remain, however, so they could continue serving the faithful.Also taking huge risks…Continue Reading

Catholic Heroes . . . St. Bernardine Of Siena (1380-1444)

By DEB PIROCH The year Siena lost its famed St. Catherine, it gained a new future saint; St. Bernardine Albizeschi, later St. Bernardine of Siena, OFM, known as the “Apostle of Italy.” He was a great friar preacher who would win souls for God.Being born in 1380 of a noble family did not protect him from heartache, but the prayers…Continue Reading

Advertisement(2)