Quote:"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," Carr said.
Let's parse this claim, eh?
1. They claim to be conducting a "criminal investigation," which seeks evidence of a crime.
2. The was no warrant sought or issued when the FBI extracted all emails of every kind pertaining to the Trump transition team. Therefore any reference to the "appropriate criminal process" does not, and cannot, apply here.
3. That leaves "the account owner's consent" as the purported basis for their fishing expedition.
I'll go back to the landlord/tenant analogy I made previously. I may be, as a landlord, the owner of public record of a particular house. But that does NOT give me (or anyone else) the right to either (a) search the property to my heart's content or (b) give permission to law enforcement officials to do so when the use of the property has been given to a tenant. The tenant's belongings are not mine, even if the real estate itself is. HIS consent is required, not mine.
Any claim that the GSA "owns" the records of private, non-governmental persons just because they may "own" the equipment the records are contained in is absolutely bogus. Likewise, the frivolous claim that only the consent of the "account owner" is required to confiscate the private communications of persons allowed to use that account is ridiculous.
Trump's attorneys are absolutely correct when they claim that the emails belong to (are "owned by") their creators and NOT by the GSA. The GSA has no authority to "consent" to the FBI's fishing expedition. That they did so puts them at jeopardy of legal liability.
I will now await the onslaught of cheese-eaters who will insist that this kind of soviet-state invasion of privacy is both legal and desirable.