Campaign 2016

Latest in Campaign 2016

Campaign 2016

Pre-Election Disclosures: How Does, and Should, DOJ Analyze Edge Cases?

Remember how harshly Attorney General Eric Holder was criticized for not disclosing the FBI’s discovery of then CIA Director David Petraeus’s extramarital affair and improper communications with Paula Broadwell until just after the 2012 presidential election? That incident and this one should remind us it's not accurate or helpful to deny that the DOJ, and in this case the FBI, gets some discretion when it comes to deciding whether to make pre-election disclosures about ongoing investigations. The question is not whether they have discretion but what makes for reasonable exercise of that discretion.

Criminal Law: Procedural

Did the Fourth Amendment Require the FBI to Selectively Seize Weiner’s Emails?

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?

Subscribe to Lawfare

EmailRSSKindle