The US Attorney does not take possession of any evidence. The US Attorney's office does not have a facility for storing evidence such that chain of custody can be maintained. The FBI takes possession of evidence obtained via GJ subpoenas.
The Agent and the AUSA would have appeared before the GJ and reported to the GJ that a subpoena had been issued, and that a laptop(s) were received in response. The subpoena is actually for delivery of the items TO THE GRAND JURY, not to the USAO.
When the Agent and AUSA do the "return" before the GJ, the AUSA will ask the GJ's permission for the Agent to maintain possession of the evidence for use in the investigation. They always say "Yes" because the GJ doesn't have any place to store it.
So the laptop has ALWAYS been in the physical possession of the FBI, no one else. Hence, LastRefuge has no idea what he's talking about.
And while the contents of the laptop are certainly interesting as a political matter, I'm not sure I've seen anything yet that was supposedly taken from a mirrored image of the hard drive which is evidenced of a crime.
If the item was received pursant to a GJ subpoena, then the contents are covered by the GJ secrecy provisions of the Federal Rules, and neither the FBI nor the USAO can make its existence public nor any of its contents.
Unless of course your only POV is that the GOP/Trump administration should weaponize the FBI/DOJ in the same manner as the Obama Admin. did.
So right now you are all bitching because the FBI and DOJ actually FOLLOWED THE LAW in terms of not leaking out information connected to the laptop.

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More from @shipwreckedcrew

16 Oct
First -- "RR wear a wire" story from McCabe is idiotic. The MORNING before that statement was supposedly made RR asked Mueller to be SCO. Mueller being SCO meant McCabe was "out" -- so why would RR make any such suggestion if the next day Mueller was being announced?
It always has been a BOGUS stupid claim made by McCabe after he learned RR and recommended Comey's firing. Re RR being "in on it", he recommended Comey's firing, he fired McCabe later, he fired Strzok, I'm sure he supported Wray, and Wray got rid of most of the rest.
If RR was a "player", why recommend firing Comey? Why even appoint an SCO when McCabe could have done just as much -- or more -- damage completely out of sight, working hand in hand with people in RR's DAG office. RR went the SCO route because he had to take McCabe out.
Read 4 tweets
16 Oct
Here is an @TheLastRefuge2 story that does advance the story. Not sure I agree that it says as much as Sundance thinks it does, but it is noteworthy that the Oct. 20, 2017 Scope Memo to the SCO added Michael Flynn Jr. as a potential SCO target.…
Adding Mike Flynn Jr. had only one purpose - to increase the pressure on Gen. Flynn to cooperate. This "expansion" of the scope on Oct. 20 is in the middle of the SCO's negotiations with Gen. Flynn over whether he would be charged, and whether he would plead guilty and cooperate.
It is right out of Weissmann's "mafia" playbook. Find a target's weakness, then go hard at the weakness until the target buckles. Rosenstein's testimony was clearly an admission that he allowed the SCO to establish their own "scope" - although we do know that he did deny some.
Read 8 tweets
16 Oct
I'm not sure they were actually thinking that far ahead. I think most of the key actors were convinced Pres. Trump was not suited for office, and there were issues that were legitimately subject to investigation even if doing so would have led to that result.
So a big issue is whether they were "legitimately" conducting an investigation into matters within their jurisdiction, where the "abuse" was the fact that it had the potential for "political" fallout. That's more a "policy" question, and everyone involved has been terminated.
Whether the specific steps taken along the way were violations of federal statutes that can be proven is a different issue. Clinesmith is a clear instance -- he was motivated by his politics, and he altered a document as a result.
Read 4 tweets
16 Oct
And my question for all these kinds of inquiries is "What crime are you referring to? Give me a statute." There are investigations ongoing to develop facts and gather evidence and decide if the statutory elements of specific statutes can be proven beyond a reasonable doubt.
What Sundance and the commentators are agitating for is that this work take place on their preferred timetable. But they make these criticisms from a position of ignorance on how the work gets accomplished. Sundance play-acts about having insight into how evidence is gathered...
Or more often his claims about how evidence gets ignored or buried -- only because matters aren't progressing on a timeline that makes sense to him. You know how investigative timelines get fucked with? By defense lawyers and something like COVID.
Read 6 tweets
16 Oct
You should probably take a little more time to read my timeline before you weigh in further. My "defense" of DOJ isn't that -- it's pointing out FACTUAL errors made by Sundance. He said "FBI turned the laptop over to US Attorney's Office."
My response was simply "No it doesn't work that way" and then explained the process and why Sundance's click bait was misleading. The fact that the public has not been told what the FBI did with the computer the past 10 months doesn't mean it was "buried" -- Sundance's claim.
When the FBI seizes a computer the first thing they do is image the hard drive. The computer itself goes back to the evidence custodian. The FBI Tech Agents -- they are AGENTS specially trained in forensic computer analysis -- then employ special programs to analyze the drive.
Read 5 tweets
13 Oct
This is just not correct. If you watch the 3-4 frames before this one, you can see that Dolloff has his arm extended towards Keltner's RIGHT SHOULDER. Opposite from firearm --if Keltner has one. You can tell because his hand is obscuring the words on the front of Keltner's shirt.
Dolloff's hand is on the the opposite side of centerline of Keltner's torso as the handgun.
Keltner is initially "squared up" with Dolloff, but after he swings his left hand and hits Dolloff, he's rotated his shoulders 45 degrees with his left shoulder close to Dolloff and ...
his right shoulder father away from Dolloff. That is the movement that brings Dolloff's hand to the left of centerline of Keltner's body from Keltner's perspective. When this is happening Dolloff's head is turned to Dolloff's left by the impact, and he loses his hat and glasses.
Read 4 tweets

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