Thanks to forensic software, investigators usually do not need to seize all of the data on a computer and can instead selectively copy portions for later analysis and use at trial. This raises the question: did the FBI violate the Fourth Amendment in seizing Huma Abedin’s emails instead of confining the seizure to Anthony Weiner’s communications?
Latest in Campaign 2016
There’s an elephant in the room alongside all these DOJ officials who are clucking about the FBI director’s having gone rogue: Attorney General Lynch, having been consulted ahead of time, let James Comey do it.
Answers to eighteen questions on the subject of the campaign, the email investigation, and the actions taken by Comey and the FBI.
The relevance of this letter is probably not that explosive new evidence of Clinton criminality has suddenly emerged. It is that Comey made a set of representations to Congress that have been complicated by new information, and he's informing Congress of that fact before the election.
We need an insurance policy against the unthinkable: Donald Trump's actually winning the Presidency.
As Lawfare readers surely know by now, during Wednesday's third presidential debate there was this exchange (Transcript via New York Times):
State-Sponsored Doxing and Manipulation of the U.S. Election: How Should the U.S. Government Respond?
As Thomas Rid explains in this terrific piece in Esquire, the Russian government has developed a remarkable capacity for blending the fruits of espionage with information operations designed to manipulate public opinion abroad. It has deployed this capacity in the past in various contexts without generating much discussion in U.S. circles, but recent activities apparently designed to impact the U.S.
The third and final presidential debate between Donald Trump and Hillary Clinton took place at the University of Nevada Las Vegas last night, with Chris Wallace moderating.
Like many of you, I find myself unable to resist watching the debate this evening despite the fact that the last one actually left me felling physically ill. But I'm hoping to lighten the experience a bit this time around, with help from my students. I am teaching "Law of the Intelligence Community" this semester, and during a prior debate we had a good laugh talking about whether the words "702" might be uttered. So, today, we spent an entirely-inappropriate amount of time constructing a full-fledged bingo card for tonight's debate.
The recent revelations about Donald Trump reveal in stark terms the deficiencies in the current vetting process for presidential candidates.