Why Didn't The FBI Agents Take Hard Drives In Seizing Electronic Devices?
By: JONATHAN TURLEY
S E E D E D C O N T E N T
I have been a long critic of Rudy Giuliani going back years, including interviews and press conferences that I have condemned for making unsupported statements (as well as comments inimical to his client's interest). However, Giuliani may have a valid point. The Biden Administration sent FBI agents to raid his home and other lawyers to seize "electronic devices." According to Giuliani, this included computers and cell phones containing electronic files. However, the agents reportedly refused to take hard drives that Giuliani said contained material related to Hunter Biden, the son of our President. If the warrant did call for the seizure of computer and electronic devices, that makes no sense at all, particularly in accepting the word of the target of the search as to the contents of the devices. As a defense attorney, I often question the scope of seizures in such searches as excessive or overly broad. I have never run into a search where agents refused to take evidence that is ordinarily defined within the scope of the warrant. We have yet to see the warrant itself but this is a curious omission given the seizure of computers.
Giuliani was on "Tucker Carlson Tonight" Thursday and described the search of his home at 6 am by seven FBI agents. He said that the agents seized laptops and cell phones in what is believed to be an investigation into the possible violation of the Foreign Agent Registration Act (FARA). That itself is notable since, until a few years ago, FARA violations were rarely prosecuted criminally and most violations were treater as civil or administrative measures.
Giuliani denied such violations: "I never represented a Ukrainian national or official before the United States government. I've declined it several times. I've had contracts in countries like Ukraine. In the contract is a clause that says I will not engage in lobbying or foreign representation. I don't do it because I felt it would be too compromising."
However, it is this statement that stuck out for me:
"At the end of the search, when they had taken about, I would say, seven or eight electronic items of mine … they weren't taking the three hard drives, which of course, are electronic devices. They just mimic the computer. I said, 'Well, don't you want these?' And they said, 'What are they? I said, 'Those are Hunter Biden's hard drives. And they said 'no, no, no."
On one hand, the FBI could argue that they already have that evidence because the laptop was previously seized. However, how do they know that hard drives contained the same information? The search warrant was premised on the claim that Giuliani was a risk for evidence destruction. Yet, the agents took his word for what was on the devices? For all the agents knew, Giuliani could have taken all of his incriminating FARA evidence and just slapped a "Hunter Biden Stuff" label on the outside.
Another explanation could be that the search warrant was narrowly written. The Justice Department could exclude hard drives out of concern for privileged communications. However, I have not seen that type of limitations in prior searches. In prior cases, the Justice Department minimizes such searches through filtering teams as opposed to leaving some storage devices. It would also make no sense since the current cellphones or laptops may not have records from the critical period. Moreover, the agents could claim that the search warrant is limited to Giuliani's records, not those of clients or third parties. However, how would they know what was on the hard drives?
It is also possible that the FBI could say that Giuliani is lying and there was no such hard drives offered. Yet, if that were the case, one would expect the agents to return for the claimed hard drives missed in the prior search.
I have previously written about the Hunter Biden laptop and the virtual news blackout of the story, including the strikingly reluctant coverage after the release of his book. I frankly do not see why the FBI would reluctant to have this evidence since it is likely duplicative of evidence already held by prosecutors. I am not assuming that this was an effort to protect Biden. I am just honestly confused by the decision of the agents if this warrant did call for the seizure of electronic devices and material.
Giuliani, who earned well-deserved fame as a mob prosecutor, recounted "I said, 'Are you sure you don't want them? I mean the warrant required them to take it. 'No, no, no.' One last time, I said, 'Don't you think you should take it?' And they said, 'No.'" Giuliani added:"But they relied on me, the man who had to be raided in the morning, because — I'm going to destroy the evidence? I've known about this for two years, Tucker. I could have destroyed the evidence. The evidence is exculpatory. It proves the president and I and all of us are innocent. They are the ones who are committing — it's like projection. They are committing the crimes."
This was an extraordinary search targeting the counsel to the former president. There were reportedly disagreements in the Justice Department on whether to seek the warrant. Yet, the Justice Department convinced a judge that there was electronic evidence and records that had to be seized to prevent destruction and to use on a possible prosecution.
I waited to see if there was an obvious explanation and perhaps there is one that I am missing. I just find the account perplexing.
We will have to wait to see if this is truly just about a single possible violation of FARA. However, we should be able to see the warrant and the FBI should be able to explain why it would not take electronic storage devices or why it would take the word of the target on their content.
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"The search warrant was premised on the claim that Giuliani was a risk for evidence destruction. Yet, the agents took his word for what was on the devices? Giuliani could have taken all of his incriminating FARA evidence and just slapped a "Hunter Biden Stuff" label on the outside."
Biden's FBI doesn't want to know about Hunter Biden (a real FARA violator)?
Why hasn't Hunter Biden been subjected to similar treatment?
The abuse of power & double standard is clear to anyone with even half a brain.
Rudy Giuliani is one of the most embarrassing and clownish public figures I can recall going back a half century . The only place such a walking disaster could have found prominence was in work for an equally embarrassing and clownish client.
Jonathan Turley continues to lower his own standing by defending such people in print.
So you say. He happens to have been New York City's greatest Mayor and the US DA who broke the back of the infamous Five Families of organized crime.
What I want to know from you John, is why is the law on FARA being so obviously politicized to be used ONLY against people in Donald Trump's orbit?
(And BTW, there isn't much evidence that Giuliani was a violator. The charge may only have been used to get a warrant in order to go on a fishing expedition through all Giuliani's private info)
You mean Rudy, the genius that demanded, against the recommendations of the NYPD, that the NYC Emergency Management Center be installed in the 7 WTC? THAT guy?
You know that the DOJ was under Trump and his AGs for 4 YEARS right Vic? Are you claiming that Sessions and Barr and the guy you use as an avatar shirked their duty and allowed those guilty of FARA violations to walk free? Other than Flynn of course....
Ya, the guy who cleaned up the violent shit hole NYC once was.
You know
What I know is that the FARA regulations called for violators to be warned & advised to register. Prosecutions suddenly took place via the Mueller/Weissmann gang. They were able to do that regardless of the DOJ. Mueller had that power, remember? FARA violations were rarely prosecuted until Mueller took aim at Paul Manafort. Obama/Clinton operatives like Greg Craig and Tony Podesta were never prosecuted under FARA.
Violence crime was declining in NYC before Giuliani was elected and continues to do so.
Are you claiming that FARA violators get a mulligan?
Utter bullshit.
Prosecutions took place because they not only FAILED to register but as in Flynn's case, they LIED in their filings.
How many of those prior violators blatantly LIED on their late filings Vic?
Greg Craig WAS prosecuted and was ACQUITTED.
Tony Podesta was investigated by Trump's DOJ and they closed the case after finding NO FARA violations.
Your uninformed bias comment is a huge FAIL Vic.
Since this investigation was in works before Biden was elected how does Turely arrive at this notion of the Biden Administration sending the FBI anywhere? BS partisan hyperdream or Turrely's normal propaganda campaign against rational thought?
Were we not told FBI already had the hard drives? Even if they don't have them it's illegal to seize items not in the scope of the warrant and if seized are not admissible in court as evidence.
Very simple. All one has to do is compare this investigation to the Hunter Biden investigation, which has been in progress for the same amount of time. One gets escalated to a morning raid approx 100 days after Joe Biden is elected. Not a peep on the Hunter Biden investigation. As a matter of fact, drug addict Hunter has been invited to speak at Tulane University. Yet you don't see the difference?
Even if they don't have them it's illegal to seize items not in the scope of the warrant and if seized are not admissible in court as evidence.
Even if that was true, which I doubt, they only took Giuliani's word as to what was on them. Isn't that interesting?
Brought you by the same people who said Hillary will be indicted any day now.
It's been reported that the 2nd District wanted to do this raid last fall and the Justice Department told them they had to wait until after the election.
Perhaps the only incriminating evidence anyone has on HB is in their heads? Or perhaps it's more complex than the investigation against Giuliani. Neither you, nor I, nor fucked up propaganda monger Turley knows dick about what's going on. Two guys associated with Giuliani have already been convicted. Right now it doesn't look good, but I'll wait to see where this goes before jumping to conclusions like hyper partisans around here.
Do you happen to have a copy of the warrant or the list of items seized? I mean right now we only have Turely's word that Giuliani told the FBI there were HDs with incriminating Biden data on it. If Turely told me the sky was blue, I'd look out the window before going outside.
Did anyone really believe that she would be indicted?
It's been reported that the 2nd District wanted to do this raid last fall and the Justice Department told them they had to wait until after the election.
I'm sure many progressives wanted it, but the justice department didn't act until Joe found himself in the White House.
Perhaps the only incriminating evidence anyone has on HB is in their heads?
Nope, you have it backwards. The New York Post story, which was censored during the election had it right, that was Hunter's laptop and Hunter was deeply involved with companies in the Ukraine and China.
Neither you, nor I, nor fucked up propaganda monger Turley knows dick about what's going on.
Actually we do. The Obama FBI has a clear record. We know exactly what to expect.
Do you happen to have a copy of the warrant or the list of items seized?
Do you?
I notice you couldn't answer my question and that speaks volumes.
Really? That's all anyone heard from partisian conservatives in 2016.
Another partisan source that uses opinion to sound like fact.
If you have some real facts by someone in the FBI or the Justice Department (I want names) then you should lead with that. But you don't really have that. You have nothing but conspiracy confirmation biased bullshit.
No, which is why I'm not jumping to conclusions and making shit up.
What speaks volumes is how easy it is rile up partisans with wholesale bullshit.
For the last 22 years....
Hunter Biden was not subject to the search warrant.
Sooooo... How did Rudy gain access to Hunter Biden's hard drives to such a degree that he had the actual drives in his possession in his home?
You mean hard drives manufactured after the fact?
NTanon in the house!
Wow...you might be the last person still pushing that b.s.
The false narrative is being pushed by the gop.
Because they are copies of Biden's hard drive data.
Even if that was true, which is doubtful, Hunter Biden was not subject to the search warrant...
It isn't up for debate. Guilliani has copies of Hunter's laptop's hard drive that the drunken drug addicted fool Hunter left with a repairman. I am sure you have seen pics of Hunter's portfolio.
Good grief, get informed.
But electronic devices where. Seems convenient for the FBI to just disregard those.
I am not seeing anything in the picture you posted that would be considered illegal. So what's your point?
Rudy went on and on for over two years that he had all this information about Hunter Biden but never released any of it, none. Why not? Because he HAD no information, it never was anything but a smear campaign, just like the Benghazi investigations. It was all politically motivated from the word go. One of my neighbors is a die hard trump supporter and even he admits that the Hunter Biden story was likely nothing but made up BS to smear Joe Biden.
The Hunter Biden BS will die down and slowly disappear, and when we get to the grind for 2024, it will suddenly come up again as a political smear campaign. So predictable you can set your watch by it. Same thing with Hillary, as soon as the 2016 election cycle ended, so did the investigations and constant right wing media coverage. Again, nothing there but a political smear campaign.
As to the HD that Rudy said he had? Is it the same one that was supposed to have all this incriminating information, then it was, "lost", then found again with all the information? Sure, that doesn't seem fishy at all... /s
What smear, the man admitted he is a loser drug addict.
How do you know what else is on the hard drive? Like I said it is convenient for the FBI to ignore certain hard drives.
Sunshine, if Giuliani had proof of Biden criminality or corruption, why didnt he bring it forward during the election campaign?
He is a frigging former US Attorney. If there was evidence of wrongdoing Giuliani was capable of laying it out from A to Z.
He didnt.
Doesnt that make you wonder?
I am well aware of what drug addicts are...and the excuses made for them.
Well they certainly aren't winning now are they?
[deleted]
You are serious? Did you actually say something that stupid?
Here is one example...you can find the many interviews, articles, and videos yourself. I know you can Google.
Are you afraid Fox News taped a Rudy double? [Deleted]
You get off work early today?
You can safely bet on that more lies part...
"At the end of the search, when they had taken about, I would say, seven or eight electronic items of mine … they weren't taking the three hard drives, which of course, are electronic devices. They just mimic the computer. I said, 'Well, don't you want these?' And they said, 'What are they? I said, 'Those are Hunter Biden's hard drives. And they said 'no, no, no."
If Rudy tells you it's Friday, check your calendar.
Rudy is about as honest as his boss....which is not at all.
I did love watching Chris Cuomo catching Rudy lying..
What does that have to do with Rudy and Chris Cuomo in the video I posted?
I mean, other than nothing at all...
Rudy is still trying to figure out where he is.
That lawn and garden center sent out a tweet the other day with a picture of FBI agents standing out front that said, "We threw him [Rudy] out months ago, he doesn't live here anymore.."
Too funny.
Rudy is looking for lost balls.
Take a good look at the video. It is easily a double with makeup to look like Rudy.
Of course, no liberal would ever admit to it.
What is there to admit to, Rudy ''Hands down his pants'' was the star of the Borat film.