According to published reports from the Washington Post, Special Counsel Robert Mueller engaged in a mass seizure of all emails of the Trump transition team without a warrant or a subpoena and is there for in violation of the fourth amendment says Law and Crime.

Robert Barnes is a California-based trial attorney and he says the real question is, “was there a reason for the individuals communicating by email, including with their lawyers, to believe their communications were private or privileged? Or, did the individuals forever waive or “implicitly consent” to any future search or seizure of their emails?”

The Supreme Court in 2010 “counsels caution” before too soon defining “the existence, and extent, of privacy expectations enjoyed by employees when using employer-provided communication devices” until popular use of the technology used, was better developed socially.

Essentially, what needs to be answered in this case, is whether or not people expect privacy in that use of technology to communicate, or do they assume it is equivalent to talking in an open office where anyone from the public could possibly hear.

The court made clear a government search was not reasonable if not “justified at its inception” or “excessively intrusive” or “not reasonably related to the objectives of the search.”

Barnes says that the use of a government server, like the use of an employer’s server, does not control the privilege or privacy analysis. He says it essentially boils down to “whether a person in the individual’s shoes would have had no reasonable expectation of privacy in their email communications.”

One case that Barnes goes into to prove that Mueller was violating the law is City of Ontario, Cal. V. Quon, 560 U.S. 746 (2010), a Supreme Court case.

Barnes lays out the four factors that go into a four-factor test that shows whether the government can look at a private company’s files or not.

But a fifth factor is relevant when talking about the fourth amendment is that whether the government gave an individual notice and the individual had knowledge of the right to refuse to give consent to the future search of their email.  Which in this case, Trump and his legal team were not given the proper knowledge to give consent to a search on their email.

“‘The Mueller search runs afoul of many of these established court precedents and Fourth Amendment privacy and privilege principles. First, it appears Mueller searched and seized every email, without any kind of categorical or keyword search. This is exactly the kind of search the Supreme Court made clear was not allowed under the Fourth Amendment. This means Mueller can only prevail if he didn’t seize a single email of a single individual that the individual could have any expectation of either personal privacy or attorney-client privilege in,’ said Barnes.”

According to a practiced attorney what Mueller and his team did was illegal and should be taken to the courts to figure this mess of an investigation out.

Reference Tags
LIKE us to get conservative news:
  • donl

    Everything about this “investigation” stinks!! How long has this been going on? How much is this costing the tax payers? IS George Soros in on this? Is Mueller milking the system? Sounds like it!

    • elmcqueen3

      You hit the nail squarely on it’s head.

      • Hit the nail squarely on Soreass’s coffin.

    • Tar Heel58

      What hasn’t George got his sticky little fingers in when it comes to dismantling the US Constitution and removal of President Trump? He should be arrested and deported or charged and jailed. We already now he’s guilty by Assocation with Clinton and Obama. The FBI and CIA didn’t become rouge without money to make it worth their efforts. A good dose of brain washing as well. Who woulda thunk?

      • jobird

        I would really be happy to see G.S.meet his maker. He has been evil since his birth.

      • Percy the undertaker has been waiting for him for a long time now. Hopefully he won’t have to wait much longer.

    • Gerry Costa

      donl — answer is “D” — all of the above.

  • elmcqueen3

    SC Robert Mueller doesn’t care about our US Constitution…Mueller believes he has the power of the “Gestapo”…and that is how he will lead his investigation…The Republicans are far too stupid to see what Mueller is doing…and the Democrats just want to empower him even more than Mueller already has with an investigative teams stacked full of Clinton lawyers and attorneys, Clinton “big bucks” donors, and Clinton “connected” supporters…Talk about a “Kangeroo” court…this is one if there ever was one…Mueller believes he should be delivered a “Seig Heil” for his endeavors to bring Trump down…The Democrats applaud his above the law “Gestapo” ways.

    • elmcqueen3

      You hit the nail squarely on the head.

    • Pete

      What’s interesting is the the Democrats are creating a new standard. If they get away with this then the president has been set and the Republican party has a green light to lock and load all the democrats emails, records both private and public. Seems the Democrats have forgotten the old saying. What goes around comes around!

  • Jmanjo

    Mueller’s investigation should be halted by the Dept of Justice as he has clearly broke laws and rules, expressed bias, and hired thugs related to the Clinton and Obama cabal to unseat the president. They should be investigated and prosecuted for their actions and plotting.

    • prm2012

      I agree, Muller should be tried, and if convicted lock him up.
      Also make him give back all the taxpayers money, he has filled his pockets from we the people of these United States of America. He should be in prison NOW.PERIOD

    • jackw97224

      Because government is corporate, there is no “System of Checks and Balances”; it is a myth. So, while Mueller is wicked, I doubt he will be removed; it would be damaging to his commie/socialist DemonKrait pals.

  • Les Gulledge

    Herr Mueller has been diligently bringing himself down legally as well as in the eyes of the people – except DUBMOCRAPS who believe they have the right and power to do anything and everything possible to subvert the Presidency. Herr Mueller and co should in time be charged with Treason.

  • jackw97224

    Mueller should be terminated for cause; he is a perp, a criminal. But government is corporate and it protects itself; I don’t expect much to come of Mueller’s transgressions. Mueller is a commie/socialist DemonKraits and the DemonKrait cadre will not permit one of their own to go down as it would cast a giant shadow on them.

  • btb

    Typical obama bullshit ask later

  • June Gagnon

    If the “mule” and his team of lackeys is “honest and ethical” (both of which I find questionable) wouldn’t you think they would be issuing subpoenas and search warrants for rotten clintons’ (both of them) emails, properties, foundation, campaign workers, staff members, laptops, etc. to find “real” criminality and hard evidence of collusion – -not “just” with Russia, but with China, Saudia Arabia, Haiti and several dozen other places? Of course they won’t do that, because they do NOT WANT TO FIND the “real” criminals- – because they, themselves, are part of the cabal.

    • June Gagnon

      Oh and what about Benghazi, Libya Sept. 11, 2012?

  • Richard I Ellis

    MUELLER SHOULD BE ARRESTED FOR ” OBSTRUCTING JUSTICE ” IN THE URANIUM ONE ” DEAL WITH HOLDING EVIDENCE OF CORRUPTION WITH RUSSIA IN 2009!

  • Morgan23

    ‘there for”? I think ”therefore”…..”or hence”. So why hasn’t someone filed suit?