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Clinton Spox Brian Fallon Goes on Tweetstorm Blasting FBI After Warrant is Released


Today, the Department of Justice released portions of the FBI warrant used to obtain Hillary Clinton‘s email which were discovered as part of the Bureau’s Anthony Weiner probe. And, apparently, Brian Fallon, the former Clinton campaign spokesman, was not too pleased with what he read. Clinton, and her campaign staff, have long blamed FBI Director James Comey, in part, for costing them the election. In a series of tweets, Fallon called the FBI warrant “flimsy” and “utterly unjustified.”  He also demanded that FBI Director account for his actions because “they were so unsupported.”

So was there probable cause to search the Clinton emails on the computer of Huma Abedin’s husband? Was the FBI search justified? It is hard to get a clear answer largely because a lot of the warrant application is redacted when the DOJ made it public. And, as with all things Clinton- related, legal experts seem to be divided on this one as well. 

“I have done hundreds of search warrants —- the FBI was on solid ground on this one.  It is important to remember that probable cause is a relatively low burden,” Bill Thomas, a former federal prosecutor told 

On the other hand, some experts believe the search warrant application was “meritless” and that the government failed to meet the Constitutional requirements needed to search someone’s property.  The Fourth Amendment of the U.S Constitution guards against unreasonable search and seizure and requires the government to have “probable cause” before they search  someone’s emails.

“It was a fishing expedition,” Clark D. Cunningham, Professor of Law and Ethics at Georgia State University told, “There is nothing that comes close to probable cause that I can see. (The warrant application) is no more than mere speculation.”


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Rachel Stockman is President of Law&Crime which includes Law&Crime Productions, Law&Crime Network and Under her watch, the company has grown from just a handful of people to a robust production company and network producing dozens of true crime shows a year in partnership with major networks. She also currently serves as Executive Producer of Court Cam, a hit show on A&E, and I Survived a Crime, a new crime show premiering on A&E this fall. She also oversees production of a new daily syndicated show Law&Crime Daily, which is produced in conjunction with Litton Entertainment. In addition to these shows, her network and production company produce programs for Facebook Watch, Cineflix and others. She has spent years covering courts and legal issues, and was named Atlanta Press Club's 'Rising Star' in 2014. Rachel graduated from Northwestern University's Medill School of Journalism and Yale Law School.