New: Trump officials demand Mueller return thousands of emails

[Mrs. Overall]

(Just posted on Axios: https://www.axios.com/new-trump-officials-demand-mueller-return-thousands-of-emails-2518147669.html)

Officials of President Trump's transition team plan to ask Special Counsel Robert Mueller to return "many tens of thousands" of transition emails they contend were unlawfully provided to him. But the prosecutor's office says emails being used in the investigation were properly obtained.

What's new: A source close to Trump's transition, which still exists as a legal entity so it can shut down what was once a 1,000-person operation, said the transition will send a letter to Mueller informing him that some of the emails are privileged, and asking for their return. The transition says it is willing to provide Mueller with vetted emails.

The source told me: "What they did is totally illegal, and they need to fix it." But Peter Carr, spokesman for the Special Counsel's Office, told Axios early this morning: "When we have obtained emails in the course of our ongoing criminal investigation, we have secured either the account owner's consent or appropriate criminal process."

Be smart: Republicans, who have been raising increasing questions about Mueller's office, are prepared to argue that if emails were obtained by questionable means, that could taint or undermine the investigation.

[treestar]

1. If there is a privilege argument

They can make it to the trial judge. At the trial.

[tazkcmo]

4. Exactly.

Mueller to Shitgibbon: "Sue me."

[hlthe2b]

14. Prior to inauguration Trump was NOT President--hence NO PRIVILEGE

[treestar]

21. That too

How does the Orange Disaster manage to hire so many people who know nothing of the legal system or how it works even if they've passed the bar exam?

[Cary]

51. What else can they say?

They defend the indefensible.

[Mr.Bill]

55. The incompetance of the people he has hired

is a reflection of how good, qualified people knew better than to sign on to this disaster from the start. The ones that did sign on were either incompetent or corrupted by their greed.

I believe it's why some like Giulliani, Christie and Romney said thanks, but no thanks. I don't like any of them, but they are not stupid or greedy enough to risk their careers on this disaster in the making.

I know the feeling. Even in my simple blue collar career I have turned down lucrative job offers because I saw something illegal or unethical going on. I walked out on a good job in a printing/publishing company because they were printing the union logo on things and they were not a union shop. Leaving that job was a setback financially for me but a leap forward ethically. I don't regret it.

[onenote]

23. I think they're claiming lawyer-client privilege, not executive privilege

[hlthe2b]

24. Yes... maybe. But sounds like Mueller has this locked down.

[samnsara]

61. good point!

[onenote]

30. The burden arguably is on Mueller to go to court immediately if he wants to use the material

If in fact a claim of privilege is being made, Mueller, upon receipt of a demand that specifically identifies the material alleged to be privileged and the basis of that claim, is required to promptly return, sequester, or destroy the specified information and may not use or disclose the information until a court resolves the issue.

[getagrip_already]

43. unless of course...

he had a subpoena for the documents and he has a claim that no privilege exists.

From a constitutional standpoint, trump - and his entire court of jesters - was a private citizen until he took the oathe of office. He was not an executive of the US gov't, and he wasn't even an employee of the us gov't.

The only privilege that could have existed would originate from obama.

He can proceed until a federal court stops him, but that burden will be on the transition team, not muehler.

[onenote]

47. Federal rules of criminal procedure refer back to FR of Civil Procedure 26

That rule states:

If information produced in discovery is subject to a claim of privilege or of protection as trial-preparation material, the party making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. The producing party must preserve the information until the claim is resolved.

[triron]

56. I think other legalities override this rule in this case.

Guess we will see.

[kentuck]

57. But wouldn't the emails belong to the government, rather than the individuals?

Wouldn't the GSA have to be the party making the request for them to be returned? A court would probably have to rule on it?

[Irish_Dem]

2. The emails must be quite damaging to them. nt

[sunonmars]

3. Good luck with that, arguing emails are priviliged.....oh the irony.

[Egnever]

25. What will be truly amazing

Is the whiplash their base gets now trying to defend hiding emails.

[sunonmars]

32. its incredulous isnt it....

[avebury]

5. Do they really want to down a

rabbit hole that might possibly indicate an invalid election win and certify Trump as an illegitimate president? Trump's team really does no tend to think things through.

[Fred Sanders]

6. GSA Deputy Counsel Lowentritt has written proof Trump has zero argument to make:

BuzzFeed reports:

"Loewentritt read to BuzzFeed News a series of agreements that anyone had to agree to when using GSA materials during the transition, including that there could be monitoring and auditing of devices and that, “Therefore, no expectation of privacy can be assumed.”

https://thinkprogress.org/trump-attack-on-mueller-not-going-well-9ec582859e39/

[Thrill]

7. If theyve done nothing wrong

Why do they care?

[Drahthaardogs]

8. LOL. There is a fucking CONSENT BANNER on all .gov accounts

Specifically stating you have NO expectation of privacy

[sofa king]

9. I'd send an intern straight over with a USB drive.

"You, um, asked for the emails back? Here's your copy."

[sunonmars]

10. Yeah, Muellers seen everything, no putting that rabbit back in the box.

[sofa king]

22. Then there's that weird thing...

... where going way back into last year, Trump and his people seem to have a weird misconception that emails are actual individual things... that need to be printed out to exist, or something? Does anyone remember that weird nonsense where it was clear that Trump didn't actually know what an email was?

Is it actually possible that Trump's uninformed authority extended so deep that he ordered the emails to be sifted before they were turned over to the SI? And someone did it? I mean, the stupid is piling up fast in this story but that... that goes straight from Russian-influenced to Groucho Marxist.

[Deb]

31. "Groucho Marxist"

I've been wondering the same about paper vs electronic mail in the eyes of the disturbed.

[fescuerescue]

67. It's a legal move

Treating email as physical objects.

Hillary's team actually did the same. When she (initially) handed over her emails to the FBI, she did so in printed form....all 55,000 printed pages.

The law governing physical objects is far far far more established, than the law governing virtual objects. Plus it buries opposing counsel in literal paperwork.

[enough]

19. Exactly. They're so funny. NT

[hlthe2b]

11. Before inauguration, he was NOT President... thus NO privilege

[Sophia4]

13. atttorney-client privilege most likely.

[hlthe2b]

17. still weak case- using GSA, especially with the written agreement in place with the transition.

[struggle4progress]

71. That privilege fails when there is no reasonable expectation of privacy

[Sophia4]

72. Yes.

[Sophia4]

12. The Supreme Irony of it.

I can't believe that the Trump team have the nerve to question law enforcement getting the e-mails.

After all, Mueller can categorize them and subpoena them.

What a laugh!!!!!

It's to STEAL the e-mails of the DNC and of Podesta, but not to obtain the e-mails from the GSA if they belong to the Trump team.

This is too, too, too, too much.

I recall hearing Trump ASK RUSSIA IN A DEBATE TO PUBLISH HILLARY'S MISSING E-MAILS.

This is beyond delicious.

[njhoneybadger]

33. Right, I think even deplorables will question this

[groundloop]

49. No they won't, that 33% will just be outraged whenever they're told to be

[Orrex]

15. How can he claim executive privilege about stuff he did before he was inaugurated?

[DeminPennswoods]

16. The phrase "appropriate criminal process"

ought to scare the bejeebers out of Trump's lawyers.

[emulatorloo]

28. +1

[Cheviteau]

52. My Take

Trump: You stole my emails. I want them back. Do not read them.

Mueller: I'm conducting a counter-intelligence operation. Here's my FISA warrant signed by a Federal judge. You have my permission to read it.
Oh...and eat shit.

[uppityperson]

18. They are doing this to help the investigation?

argue that if emails were obtained by questionable means, that could taint or undermine the investigation.

[pnwmom]

20. This article omits the Mueller team response, which is that the emails were obtained LEGALLY

either through a criminal process or from the owner of the emails.

If they wanted to have private emails, they shouldn't have been using the GSA system.

[emulatorloo]

26. Demand away, highly-paid liars.

[JDC]

27. So ironic. Emails....

[WhiteTara]

29. bwahahahaha

what a bunch of fools. What made them think they could commit treason on government email addresses and not be caught? I guess they thought they were totally above the law and that we are so stupid no one would care. Oops.

[2naSalit]

34. ...

[Me.]

35. Too Late Boys

The cat's already out of the bag.

[.99center]

36. The GOP is just going to stand by

As Trump try's to bleach and smash government emails?

[keithbvadu2]

44. Bleach

http://embed.crooksandliars.com/embed/9L4d44vb#extendedmode=true

[spanone]

37. BWahahahahahahaaaa...why didn't Hillary think of that

[Nevernose]

38. Mueller got the owners consent

If those emails were sent and received on .gov accounts, then Mueller has all the consent he needs. They consented when they signed up for it.

And there’s no privilege if it’s in public, which is what a .gov account is.

[Miigwech]

39. So, repubs think that Mueller should have gotten the emails from Russia?

In that case, they would be legal?

[IluvPitties]

40. What are you hiding, bastards?

[jalan48]

41. Part of the Constitutional crisis Trump is forcing. I think our fate ultimately lies with the SCOTUS

[SeaDoo77]

42. Whatcha Hiding Trump Traitors?

Hummmmm?

[Kablooie]

45. What part of "NO EXPECTATION OF PRIVACY GRANTED OR IMPLIED" did you not understand?

This is what you agree to when you sign up for a .gov account.

If they used .gov for attorney/client emails they have voluntarily waived their attorney/client privileges by using a non-private system.

[NBachers]

46. "Hey! Gimme back that bicycle I stole from you!"

This is their Hail Mary to pretend that Muller has done something illegal so they can get rid of him.

[lpbk2713]

48. This is the asshole who tells all in private meetings with the Russians.

What more would he have to hide?





/snap ... Anything that would send him to prison.

[Nitram]

50. Ha, ha, ha, ha, ha, ha...

Now they're scared and desperate.

[BSdetect]

53. The game is up for now. Expecting some real criminal effort by drumph now.

He's gotten away with so much already.

[safeinOhio]

54. Man the life boats.

In the next few weeks a hoard of rats will be jumping ship.

[Downtown Hound]

58. Oh the irony.

To think that after all this, it comes down to their emails. LOL. I'm actually starting to believe in Karma.

[Baitball Blogger]

59. Mueller should send them copies through email.

That would make it accessible to everyone with a FOIA.

[GoCubsGo]

65. Those idiots don't even seem to understand that Mueller can make copies of them.

And, don't they have their own copies of them? They are so mind-bogglingly stupid.

[L. Coyote]

60. Can't they just call Vlad, demand he hack them back?

[KewlKat]

64. good one.................

[Historic NY]

62. Are these people dumb-asses or what. Thats why its called an investigation

What are you hiding? Screw it Mueller should just make photo copies and send them back.

[KewlKat]

63. So, what gems are hidden within these "thousands" of emails? What did the Mueller team find?

I hope it brings the muthers down to their knees and lands them in an orange suit and loss of all the things they've stolen.

To say they would provide "vetted" emails is a crock. Why do they think we have to have this investigation....because they aren't truthful about anything and the team has to dig it out. May DEMOCRACY survive these beasts!

[trueblue2007]

66. BUT, Their emails, their emails!! I hope Russia can find "THEIR" 30,000 emails, The media will be

soooooooooooooooooo happy if their emails are found!!!

Isn't that what horrible Trump kept saying???? Mueller got their emails fair and square. He would not do anything illegal.

Trump is the one who is doing the illegal stuff.

[DoctorJoJo]

68. The Repukes Should Change ...

... their Party symbol from an Elephant to a Hippo, to represent Hippocrites!

[lindysalsagal]

69. ...Because giving them back erases all memory of the contents??? Like, returning a dinner you just

ate?

Like, sending back the last meatball and demanding your money back?????

[SummerSnow]

70. Hell-to-the-no

[Wounded Bear]

73. Sure, no problem...

we'll give them back right after the trial.