U.S. judge to review FBI's Clinton emails
search warrant
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[December 14, 2016]
By Nate Raymond
NEW YORK (Reuters) - A U.S. judge on
Tuesday directed federal prosecutors to show him the search warrant
application used to enable the FBI to access emails related to Hillary
Clinton's private server that were discovered shortly before the Nov. 8
presidential election.
U.S. District Judge Kevin Castel in Manhattan ordered prosecutors by
Thursday to turn over the application, which investigators obtained
shortly after FBI Director James Comey informed Congress of newly
discovered emails on Oct. 28, 11 days before the election won by her
Republican opponent Donald Trump.
Castel made the order as he considered whether any portion of the search
warrant materials could be made public in response to a lawsuit filed by
Randol Schoenberg, a Los Angeles-based lawyer who specializes in cases
to recover artwork stolen by the Nazis, seeking to force the release of
the documents.
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In court papers, Schoenberg said the public had a "strong interest" in
the disclosure of the search warrant materials, saying transparency was
"crucial" given the potential influence the probe had on the election's
outcome.
The search warrant was obtained after Comey issued a letter to top U.S.
lawmakers disclosing that emails potentially related to the Clinton
server probe had been discovered in an "unrelated case." Comey's Oct. 28
announcement roiled the campaign and drew new attention to a damaging
issue for Clinton.
Clinton, the Democratic presidential nominee, used the server while she
was secretary of state from 2009 to 2013. Comey in July had recommended
to the Justice Department that no criminal charges be brought against
Clinton over her handing of classified information in the emails.
Only two days before the election, Comey disclosed that the newly
reviewed emails did nothing to change his earlier recommendation after
all.
Clinton days after her loss blamed Comey's letter, so close to the
election, as a reason she lost to Trump.
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Hillary Clinton speaks to the Children’s Defense Fund in Washington.
REUTERS/Joshua Roberts
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Sources close to the investigation have said the emails were
discovered during an unrelated probe into former Democratic U.S.
congressman Anthony Weiner, the estranged husband of top Clinton
aide Huma Abedin.
In court, Castel said he would not be surprised if prosecutors, in
submitting the materials to him, cited the presence of an ongoing
probe in a case unrelated to Clinton as a reason to keep the search
warrant application confidential.
"It could be potentially terribly unfair to a person who ultimately
winds up not being charged," Castel said, apparently referring to
Weiner.
Castel said it was possible information unrelated to the Clinton
email probe could be redacted, and noted that in Clinton's case,
Comey later indicated in a subsequent letter that the server probe
was closed.
Castel invited prosecutors to propose redactions in case he decides
to release the search warrant application.
(Reporting by Nate Raymond in New York; Editing by Will Dunham)
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