United States v. Comey
Defense files in opposition to prosecution's motion for implementation of a filter team.
A filter team is needed for a set of evidence that was seized per search warrant from one of Comey's attorneys as part of the Arctic Haze investigation.
You may remember we got a bunch of declassified memos on that investigation and ~half dozen others over the summer.
Arctic Haze was focused on finding who leaked classified information to the NYT, specifically the information that appeared in this April 2017 article.
The classified information that appeared in that article related to the Renteria Memo and the Russian Reports. Durham's Classified Annex focused on this subject and was declassified this summer.
The seized material that the filter team is needed for is currently "quarantined" from the prosecution and defense. The filter team would be used to screen it for material that may be potentially atty-client privileged.
Which all or most of it is going to be privileged, or initially claimed to be, because it's communications between Comey and his lawyer.
That lawyer, most likely, is Person 3 in the indictment in this case.
Foreshadowing. They call this foreshadowing.
As part of the Arctic Haze investigation, Comey provided his iphone to the FBI.
On it were: four voicemail messages, four instant messages, two email messages, and 51 images from December 1, 2016 to May 1, 2017.
The items weren't relevant to this investigation...but might they have been relevant to another?
Other investigative steps taken:
Back to Comey's new filing...
Defense wants the Gov't's motion for a filter team denied, but without predudice.
They don't oppose the filter protocol, they oppose implementing it before "the government identifies a valid legal basis for its search and fully discloses the scope of the materials it seeks to review."
That's consistent with what they told prosecutors about two weeks ago.
The Arctic Haze Warrants.
There are four of them.
And that's about we can know about them from this filing, because everything about them is redacted.
The redactions are precautionary, as the government designated some of this material as Protected.
But "defense sees no reason why this information cannot be made public."
So maybe we will get these lifted soon.
The search warrants appear to be against Richman (Person 3) and covered from... 2016 to 2019? That's how I read it.
Three years prior to Comey testifying is 2016.
A filter team previously went through the material and Richman was involved (given the opportunity to assert privilege) but Comey was not part of that.
Short sentence there. Wonder what it says?
Hmmm.
Prosecutors haven't obtained search warrants in connection with this case, and they haven't sought authorization for "a search of the Arctic Haze materials for evidence of the two offenses with which Mr. Comey is charged."
See, this is another reason why my working theory regarding this case is that it is NOT about "getting Comey."
It's about getting at classified and sealed materials.
It's about the 1A Package, the Durham Memo, the stuff that is behind the redaction blocks in the declassified memos from this summer.
It's about ANOTHER case. Maybe the one being built in Florida.
x.com/realjusthuman/…
Defense things there may have been an oopsy with the privileged material and lead case agents got a look at some things they ought not to have.
Next part of the filing concisely restates what the filter protocol would be, tells us that defense requested copies of the search warrants but didn't get them, and advises that defense "stands ready to confer regarding the protocol" if prosecutors will first "identify to the defense the materials to be reviewed..."
Fishing expedition.
Why wasn't this filter team done BEFORE they indicted Comey?
Looks like an investigation post indictment and using material from 5 years ago that failed to find any evidence of crime to charge Comey or Richman with.
"The government seeks to revive and repurpose years‑old warrants from a closed investigation to conduct new searches for different crimes."
Might see a move to suppress on this matter.
"the Arctic Haze Warrants, by their express terms, do not authorize the government to conduct the searches it now seeks"
The Arctic Haze Warrants "sought increasingly granular details or attempted to address potential gaps in the collection, yet the government ultimately determined that the evidence was insufficient to proceed with any charges."
Again, Defense wants to challenge the warrants first, then go on to the filter protocol.
"the Court should deny the government’s motion to implement its proposed filter protocol without prejudice, and direct the government to disclose the following information...
Only with these disclosures can the Court determine the legal validity of the proposed searches and assess any proposed filter process..."
Links used for the thread:
MOTION FOR IMPLEMENTATION OF FILTER PROTOCOL
storage.courtlistener.com/recap/gov.usco…
OPPOSITION TO GOVERNMENT’S MOTION FOR IMPLEMENTATION OF A FILTER PROTOCOL
storage.courtlistener.com/recap/gov.usco…
NYT: Comey Tried to Shield the
F.B.I. From Politics. Then
He Shaped an Election.
archive.is/wkkG9
Declassed Arctic Haze memos
perma.cc/HZN7-B5QN
Declassified Durham Report Annex
grassley.senate.gov/imo/media/doc/…
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