Tuesday U.S. District Judge Kevin Castel in Manhattan ordered federal prosecutors to provide him by Thursday the application for the search warrant to access Hillary Clinton emails from her private server.
Investigators requested the warrant after FBI Director James Comey sent an October 28 letter to Congress concerning newly discovered emails on Huma Abedin’s laptop during the unrelated Anthony Weiner investigation.
The order came in connection with a a lawsuit filed by Randol Schoenberg, a Los Angeles lawyer who specializes in recovering artwork stolen by the Nazis.
Schoenberg’s court filing claims that releasing the warrant documents is necessary for full public transparency because the investigation influenced the election. Shortly after losing the election, Clinton blamed the Comey letter for her loss.
Comey had originally recommended that the Department of Justice not prosecute Clinton over her private email server. Then after the October 28 re-opening of the investigation, he flip-flopped on November 6, stating that there was nothing in the new email batch to change his recommendation.
Castel said the warrant application may have been kept confidential because of the unrelated case. In apparent concern for Weiner, he said, “It could be potentially terribly unfair to a person who ultimately winds up not being charged,” and asked prosecutors to recommend redacations to protect privacy.
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