"It looks increasingly likely that because someone snuck a peek into Jim Comey's privileged communications - or, because Tyler Lemons cares enough about his bar license that he disclosed that someone snuck a peek into Comey's privileged communications - Comey may get a ruling that the government violated his Fourth Amendment rights, throwing out some of the material used in the government's filing laying out the theory of their case."
"As Rebekah Donaleski described the warrants in Wednesday's hearing, the Columbia emails likely came from a warrant served on the university in October 2019, whereas the texts should have only been available via the fourth warrant on Richman's phone, but as I'll show, may have instead come from unlawful searches from the hard drive seized with the first warrant in August 2019."
Someone appears to have accessed Jim Comey's privileged communications or Tyler Lemons disclosed that access. Exhibits seized from Dan Richman include communications from two Columbia University email accounts and texts from Richman's phone, spanning January 2015 through May 2017. The FBI seized Richman's hard drive on August 29, 2019, obtained Columbia emails via a university warrant in October 2019, and later sought texts by a fourth warrant. Some texts that should have required the fourth warrant may instead have been obtained from the initially seized hard drive, suggesting potential unlawful searches and possible Fourth Amendment violations leading to suppression of evidence.
Read at emptywheel
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