Dan Richman Wants His Data Back - emptywheel

"There are a number of articles ( Reuters, Politico) describing discussions about reindicting Jim Comey and Letitia James. Neither addresses the issue I lay out here - namely, that the ultimate goal of the Comey prosecution, at least, is to support the Grand Conspiracy in Florida, perhaps by obtaining at least probable cause that Comey lied to cover up the import of (Grand Conspiracy nutballs claim to believe) the "Clinton Plan" CIOL and Comey's decision to release a memo documenting Trump's corruption."

"More importantly, neither addresses a new wrinkle: That Dan Richman wants his data back. (Anna Bower first noted the suit.) Last Wednesday, Richman moved under Rule 41(g) to get his property, in the form of an image of his computer made by the Inspector General, as well as emails and additional content obtained derivative to that. While there are redacted bits describing the original imaging by DOJ IG of the computer and the overcollection at that stage"

"While the government may argue that it needs the Hard Drive to obtain evidence to prosecute Mr. Comey, the Comey case has now been dismissed and any charges related to the underlying conduct are time-barred. [citation omitted] (noting that had Mr. Comey not been indicted, the statute of limitations would have expired on September 30, 2025). Even if the case were to somehow proceed, the government should be barred from using evidence from the Hard Drive."

Discussions about reindicting Jim Comey and Letitia James include aims to support a Florida Grand Conspiracy theory by obtaining probable cause that Comey lied to conceal the alleged "Clinton Plan" and to justify Comey's memo release. Dan Richman moved under Rule 41(g) seeking return of an Inspector General image of his computer, plus emails and derivative content. The motion cites redacted descriptions of the DOJ IG imaging and overcollection, and largely tracks Judge William Fitzpatrick's ruling cataloging Fourth Amendment violations in searches of Richman's data. Richman argues Judge Colleen Kollar-Kotelly need not apply usual balancing because of those violations. The motion notes the Comey indictment was dismissed and related charges are time-barred, undermining government need for the hard drive.

Read at emptywheel