It is believed by jurist experts, who investigate special counsel Robert Mueller’s seizure of Trump transition emails, that his move did not only violate the law but cause a larger problem for Russia investigators if they choose to go to trial. Lawyer Robert Barnes states that the document grab ‘cannot conform to either Fourth Amendment standards or attorney-client privilege protections.’
Barnes wrote in an op-ed: “LEGAL ANALYSIS: Why Mueller’s Seizure of Transition Emails Likely Violated the Law”
Courts held individuals who agreed, as a condition of employment to “any future searches” did not waive their right against such searches because the waiver failed to give them the “right to refuse to give consent to the future search.” For the government to claim implied consent or waiver, “requires clear notice that one’s conduct may result in a search being conducted of areas which the person has been warned are subject to search,” and such notice must ensure an individual “had knowledge of the right to refuse to give consent.” […] Hence, a broad waiver was found inadequate to permit a search. […]. The Supreme Court made it clear the question usually “must be addressed on a case-by-case basis” and rarely subject to blanket waivers of Fourth Amendment liberties. […]
Courts held that an employee has a reasonable expectation of privacy in the contents of his computer even when given specific notice the computers could not be used for personal purposes and the individual had authorized disclosure for technical and maintenance audits.
Courts held an ex-employee could assert attorney-client privilege against the use of such emails by his company even though emails were located on employer’s computer and employer gave an employee notice any documents stored on computer which was not protected.
As Strassel writes, Mueller was only looking out for his back as he was hiding key information from the Congress in order to save himself. Along with Rosenstein, they refused to make Strzok available for an interview.
The President’s attorney is demanding from Mueller to return transition documents as it’s proved they are unlawfully obtained. Aware of Mueller’s tendency for ‘fighting dirty’ it is doubtful he will give in control over the emails, for that reason forcing Trump’s lawyers to make difficult decisions concerning the investigation.