MIKE DAVIS: Clinton-appointed judge once again sabotages DOJ's Comey case

Judge Colleen Kollar-Kotelly orders FBI to destroy emails by Monday in James Comey indictment case, despite evidence being obtained through lawful warrant six years ago.

Michael R. Davis is the founder and president of the Article III Project.

Comey was indicted on two charges: making false statements to Congress and obstruction of Congress. The indictment stemmed from the events surrounding Operation Crossfire Hurricane, more colloquially known as the Russiagate hoax. Comey used his longtime friend, Columbia Law Professor Daniel Richman, as a conduit to leak material unfavorable to President Trump to media outlets. In addition to being a law professor, Richman was a government contractor. He and Comey communicated frequently via email on government and private accounts. Communications on a government email account enjoy no reasonable expectation of privacy — the standard under the Fourth Amendment as a result of Justice Harlan’s concurrence in Katz v. United States (1967) — because the government can monitor its own email servers.

Six years ago, even Obama-appointed Judge James Boasberg, a judicial disgrace about whom we often have written, signed a warrant authorizing the search and seizure of emails on Richman’s computer and iCloud account and his account at Columbia. Richman was able to review all emails and withhold the information he deemed privileged from all but one account. Now, Richman — who was the recipient of many emails from Comey and the sender of many emails to him — has sought to reclaim those emails pursuant to Federal Rule of Criminal Procedure 41(g). This rule allows an individual to ask a court to reclaim his property obtained pursuant to an unlawful search and/or seizure in violation of the Fourth Amendment.