There’s
more trouble for special counsel Robert Mueller.
A lawyer for President Donald Trump’s transition
team has accused Mueller of illegally
obtaining transition documents as part of his probe into alleged Russian
involvement in the 2016 presidential election.
Attorney Kory Langhofer of the group Trump For
America said the General Services Administration engaged in “unlawful conduct.”
Here’s
what happened:
Langhofer said that the GSA turned over thousands
of emails to Mueller’s investigation when it had no legal authority to do so.
The GSA “did not own or control the records in question,” Langhofer said.
For the government agency to give them to the
investigation team, and for the special counsel’s team to accept them, could
constitute a violation of the Fourth Amendment prohibition on unreasonable
searches and seizures.
In a
letter Langhofer wrote to House and Senate committees the lawyer claimed the
special counsel’s investigation had used information it did not have a right to
legally.
The
GSA had turned over a flash drive after receiving a request from Mueller’s
office on Sept. 1. Among those documents were emails written by or
to Michael Flynn, the former national security advisor in the Trump White
House who has pleaded guilty to lying to the FBI and is now cooperating with
Mueller’s investigation.
“We understand that the special counsel’s office
has subsequently made extensive use of the materials it obtained from the GSA,
including materials that are susceptible to privilege claims,” Langhofer wrote
in the letter to the congressional committees.
Langhofer said on Saturday that the transition team
is closely monitoring any new developments.
“This morning we sent a letter to Congress
concerning the unauthorized sharing of private and transition emails with the
Mueller team,” he noted.
But Mueller’s office denies any wrongdoing.
Peter Carr, a spokesman for Mueller’s office,
said “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.”
On the other hand, Trump transition lawyers say
they have proof that the documents were obtained without permission.
In the letter to Congress the Trump team claimed it
never received any requests from the GSA to obtain the documents. And it
explained why there is a problem with the GSA’s cooperation with the special
counsel’s office.
“As
discussed above, the GSA’s unlawful production of TFA’s internal records was
exacerbated by the Special Counsel’s Office failure to preserve and respect the
legal privileges that attach to a large number of those documents,” the letter
stated. “More generally, however, the GSA’s and the Special Counsel’s Office’s
misconduct in this matter demonstrates why investigators and government
attorneys, who in many cases are not entirely neutral, should not be trusted to
decide without proper oversight which records belonging to private parties are
privileged. “ That last sentence “should not be trusted” is damning.
This new development comes amid ongoing trouble for
Mueller’s team.
At the beginning of December, the news became
public that Peter Strzok, a senior FBI agent, was removed from Mueller’s Russia
probe over the summer after it was revealed that he sent anti-Trump text
messages while on the job to an FBI lawyer with whom he was engaged in an
adulterous affair. At one point, Strzok even called Trump an “idiot.”
Rumors
are already flying around Capitol Hill that Mueller could be fired by Trump. Whatever
the political fallout of that could be, news that Mueller’s office might have
been skirting the law in its already questionable investigation isn’t going to
help Mueller’s case, or the Democrats’ who engineered his appointment.
What
do you think this report will do to the special counsel probe? Leave a comment.
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