The Russia Connection

Mueller, the GSA and the Trump Transition

By Paul Rosenzweig
Monday, December 18, 2017, 6:28 PM

The other day I posted a tweetstorm on the issues raised by the Trump transition's letter to Congress relating to the Special Counsel's access to transition data stored at GSA. The TL;DR summary: Not much there, there. I thought the entire text might be of interest to Lawfare readers:

Since I published the storm a couple of points have been made that are worth noting. First, the law REQUIRES the transition teams to use the GSA. This may mitigate, somewhat, the attorney-client waiver analysis. Second as Orin Kerr pointed out, the third party content doctrine may no longer be good law -- but the other reasons for thinking there is no Fourth Amendment violation remain sound.