FACT: Law did not require Rosen be given notice

[OohPooPahDoo]

The DOJ does not need to provide notice to Rosen for his emails if the emails are seized from the ISP and if they obtain a warrant.


18 U.S.C. 2703(b)(1)

(b) Contents of Wire or Electronic Communications in a Remote Computing Service.—
(1) A governmental entity may require a provider of remote computing service to disclose the contents of any wire or electronic communication to which this paragraph is made applicable by paragraph (2) of this subsection—
(A) without required notice to the subscriber or customer, if the governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction; or

18 USC § 2703 - Required disclosure of customer communications or records | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute

...and the rules of procedure only require they leave notice with the ISP, since the property was seized from the ISP's premises and not Rosen's premises:

(C) Receipt. The officer executing the warrant must give a copy of the warrant and a receipt for the property taken to the person from whom, or from whose premises, the property was taken or leave a copy of the warrant and receipt at the place where the officer took the property.

Note the word "or" - they may choose to notify Rosen OR the ISP.


Rule 41. Search and Seizure | Federal Rules of Criminal Procedure | LII / Legal Information Institute

So as you see, Chief Judge Lamberth was correct in his overruling of lower magistrates and granting the warrant. Its evident in the plain language of the law.

But facts don't matter, do they righties?

 

[HereWeGoAgain]

I could be wrong but I dont think that applies to the press. If it did it would hardly be a "free" press now would it.

 

[OohPooPahDoo]

I could be wrong but I dont think that applies to the press. If it did it would hardly be a "free" press now would it.

Oh my fucking god you are stupid. Yes the LAW applies to the PRESS you fucking idiot.

 

[Katzndogz]

Notice is required to be given unless there is an exception. Holder said that Rosen was a flight risk which is the exception he used. This didn't work with the two prior judges Holder asked to issue the warrant, he kept looking and found a liberal and ideologically driven judge to issue the warrant.

 

[OohPooPahDoo]

Notice is required to be given unless there is an exception.

Uhh - HELLO - did you read the LAW that I posted at the TOP OF THIS THREAD? THAT'S NOT WHAT THE LAW SAYS!

Holder said that Rosen was a flight risk which is the exception he used.

Page 33 of 36 of the warrant application clearly cites the law at the top of this thread.

This didn't work with the two prior judges Holder asked to issue the warrant, he kept looking and found a liberal and ideologically driven judge to issue the warrant.

The prior two judges ruling were in error as any idiot can plainly see. You can call it "judge shopping" or whatever Breitbart.com tells you to call it, but the fact is the appeal of the lower judges' rulings is completely legal and the chief judges opinion clearly the correct one.

 

[LordBrownTrout]

There is no law against publishing classified information, so the government decided to use the espionage act to punish rosen and his source. But treating journalists as spies renders the 1st protections of the press null and void. When the government behaves in this fashion it is saying in effect that there is no difference between the constitutional democracy led by O and the authoritarian regime of putin.

 

[OohPooPahDoo]

There is no law against publishing classified information, so the government decided to use the espionage act to punish rosen and his source. But treating journalists as spies renders the 1st protections of the press null and void. When the government behaves in this fashion it is saying in effect that there is no difference between the constitutional democracy led by O and the authoritarian regime of putin.

There is a law against conspiring to violate the law forbidding people with security clearances from disclosing classified information. Its clearly cited in the warrant application. Rosen has not been "punished" in any way.

 

[Procrustes Stretched]

The DOJ does not need to provide notice to Rosen for his emails if the emails are seized from the ISP and if they obtain a warrant.


18 U.S.C. 2703(b)(1)

(b) Contents of Wire or Electronic Communications in a Remote Computing Service.—
(1) A governmental entity may require a provider of remote computing service to disclose the contents of any wire or electronic communication to which this paragraph is made applicable by paragraph (2) of this subsection—
(A) without required notice to the subscriber or customer, if the governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction; or

18 USC § 2703 - Required disclosure of customer communications or records | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute

...and the rules of procedure only require they leave notice with the ISP, since the property was seized from the ISP's premises and not Rosen's premises:

(C) Receipt. The officer executing the warrant must give a copy of the warrant and a receipt for the property taken to the person from whom, or from whose premises, the property was taken or leave a copy of the warrant and receipt at the place where the officer took the property.

Note the word "or" - they may choose to notify Rosen OR the ISP.


Rule 41. Search and Seizure | Federal Rules of Criminal Procedure | LII / Legal Information Institute

So as you see, Chief Judge Lamberth was correct in his overruling of lower magistrates and granting the warrant. Its evident in the plain language of the law.

But facts don't matter, do they righties?

What a crock of shit this post is.

Do you ever do real research?

 

[HereWeGoAgain]

So I was right. Unless of course you want to allow Holder to make shit up and judge shop....what am I thinking. Of course you do....

Sounds like poopoo is getting a little upset that his messiahs admin is going down the toilet.

 

[Katzndogz]

Even though this case is exploding all over the democrats and it's starting to look like Holder is going to have to step aside (I hope he doesn't), there are still those democrats that will argue with what factually is.

 

[LordBrownTrout]

There is no law against publishing classified information, so the government decided to use the espionage act to punish rosen and his source. But treating journalists as spies renders the 1st protections of the press null and void. When the government behaves in this fashion it is saying in effect that there is no difference between the constitutional democracy led by O and the authoritarian regime of putin.

There is a law against conspiring to violate the law forbidding people with security clearances from disclosing classified information. Its clearly cited in the warrant application. Rosen has not been "punished" in any way.

No, he has not but he was named by Holder as a co-conspirator in accordance to the espionage act.

 

[OohPooPahDoo]

Even though this case is exploding all over the democrats and it's starting to look like Holder is going to have to step aside (I hope he doesn't), there are still those democrats that will argue with what factually is.

I'm not arguing. I'm stating what the law is. I've provided links to it. Are you an idiot?

 

[OohPooPahDoo]

There is no law against publishing classified information, so the government decided to use the espionage act to punish rosen and his source. But treating journalists as spies renders the 1st protections of the press null and void. When the government behaves in this fashion it is saying in effect that there is no difference between the constitutional democracy led by O and the authoritarian regime of putin.

There is a law against conspiring to violate the law forbidding people with security clearances from disclosing classified information. Its clearly cited in the warrant application. Rosen has not been "punished" in any way.

No, he has not but he was named by Holder as a co-conspirator in accordance to the espionage act.

And? He was on the phone with Kim at the time Kim was stealing the information. What fucking idiot wouldn't have suspected him of potential involvement as a co-conspirator?

 

[iamwhatiseem]

**** t r o l l a l e r t ******

 

[LordBrownTrout]

There is a law against conspiring to violate the law forbidding people with security clearances from disclosing classified information. Its clearly cited in the warrant application. Rosen has not been "punished" in any way.

No, he has not but he was named by Holder as a co-conspirator in accordance to the espionage act.

And? He was on the phone with Kim at the time Kim was stealing the information. What fucking idiot wouldn't have suspected him of potential involvement as a co-conspirator?

That's not rosen's fault for trying to pry information out of his source. That's why journalists and reporters don't give up their sources. Perhaps the govt needs to clean up their house.

 

[OohPooPahDoo]

No, he has not but he was named by Holder as a co-conspirator in accordance to the espionage act.

And? He was on the phone with Kim at the time Kim was stealing the information. What fucking idiot wouldn't have suspected him of potential involvement as a co-conspirator?

That's not rosen's fault for trying to pry information out of his source.

Right. Rosen's actions aren't Rosen's fault. Got it.

 

[OohPooPahDoo]

**** t r o l l a l e r t ******

Do you see what the law says at the top of this thread?

Does it matter to you?

 

[Clementine]

Notice is required to be given unless there is an exception. Holder said that Rosen was a flight risk which is the exception he used. This didn't work with the two prior judges Holder asked to issue the warrant, he kept looking and found a liberal and ideologically driven judge to issue the warrant.

Due process exists for a reason and judges are supposed to follow the law. Of course, we have dishonorable judges who legislate from the bench and tend to overlook things to push an agenda.

I think the law also requires that they have a valid reason to spy on people. I think they were just spying for their own purposes, which is why Holder had to judge shop till he found one willing to go along. Holder can't run from this considering the personal effort he put into it.

Holder has been caught in a lie on this and all the spinning and lame attempts at justifying his actions won't work.

 

[LordBrownTrout]

And? He was on the phone with Kim at the time Kim was stealing the information. What fucking idiot wouldn't have suspected him of potential involvement as a co-conspirator?

That's not rosen's fault for trying to pry information out of his source.

Right. Rosen's actions aren't Rosen's fault. Got it.

Kim is the one who took the oath involving classified secure information.

 

[OohPooPahDoo]

That's not rosen's fault for trying to pry information out of his source.

Right. Rosen's actions aren't Rosen's fault. Got it.

Kim is the one who took the oath involving classified secure information.

It is a violation of law to conspire with someone who has taken such an oath to have them take classified information.