Monday, May 24, 2021

Just A Small Note: When A Federal Search Warrant Mandates Seizure Of Devices... Even Rudy Cannot Treat It As A Mere Civil Subpoena. Duh.


Such a warrant is always issued by a judge. After showings that likely evidence of crimes may exist in, or at a place, in one's papers. . . or on that person's device(s). It is stale news, but the government now holds (and is reviewing) at least 18 of Guiliani's devices, under a warrant.

Once issued, the target's sole remedy is to challenge whether the agents executing it exceeded its scope -- or that it was a bad warrant (seeking impermissible fruits of a poisoned tree) to start with.

Rudy though, for his part, would tell us that former NYC mayors and former prosecutors (i.e., Rudy) ought to be free to treat it as a mere civil subpoena, deciding for himself -- about what is relevant and disclosable. Not so.

All of this becomes purely farcical -- and devastating -- at some point, as Rudy is now left to argue thus (per the sublime EmptyWheel):

". . .Just before a long tirade about how, if DOJ had just asked Rudy Giuliani for help proving he’s not a secret Agent of Russian-backed Ukrainians while he was busy at State and WDPA acting as a secret Agent of Russian-backed Ukrainians, he could have avoided a covert search to find out whether he’s a secret Agent of Russian-backed Ukrainians, his lawyers say, in a now-public letter, that it’ll badly damage Rudy’s reputation if it becomes public that DOJ believed he might delete evidence or intimidate witnesses. . . ."


Flawless. I guess my central reaction is. . . Tangerine didn't pay Rudy, yet -- not in full, to be sure. He should be worried that Rudy is going to dime him out, because. . . Rudy hates welshers. And Rudy's reputation was long gone, even before the Borat hotel episode. Couldn't happen to a nicer pair of guys.

Onward, smiling at the recent news that Trump may summer in New York or New Jersey. . . meaning that serving indictments -- and perhaps even extraditing him. . . would be easier, than if he were still hiding under DeSantis's skirt in sweaty Florida.

नमस्ते

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