emptywheelJul 28, 2023

At @GottaLaff's request posting a long thread. First, the underlying point:

THE REASON Mueller was able to find emails showing direct ties bt Trump & Russia Trump was lying to cover up was bc Mueller went to Microsoft for Cohen's emails.

That has lessons for the stolen docs investigation.

https://www.emptywheel.net/2019/05/26/the-fbi-went-to-microsoft-not-trump-organization-for-emails-incriminating-individual-1/

The FBI Went to Microsoft, not Trump Organization, for Emails Incriminating Individual-1 - emptywheel

Trump Organization hosted its emails with Microsoft. That means the FBI has been able to access emails from Trump's business directly from Microsoft since they put a preservation order on all Trump Organization business accounts in July 2017.

emptywheel
Show threademptywheelJul 28, 2023

The import is about past lessons DOJ learned:

1) In THE PAST, Trump Organization has allegedly withheld clearly responsive material under subpoena.

2) IN THE PAST, DOJ has been smart enough to ALSO obtain the same material from 3rd parties.

In fact, it's entirely possible that Microsoft is the vendor for Trump Org's security footage, just like they were and still may be the vendor for Trump Org's email servers.

In which case, the video could even be part of the Azure hack.

πŸ˜‚

Show threademptywheelJul 28, 2023

Currently, AND POSSIBLY BC OF THAT MICHAEL COHEN WARRANT, a vendor would have to alert their enterprise client if DOJ got a warrant for a vendor's version of video/email/whatever.

If they did, the vendor would say, "Hey, Trump, I've got a warrant from DOJ for OUR version of your surveillance video."

When Trump has faced a public legal battle like THAT versus conceding (I know this is nutty, but trust me), he has conceded.

Guy BaddisJul 28, 2023
Show threademptywheel

Point is:

1) PEOPLE on Jack Smiths' team know this -- that Trump Org has withheld stuff in response to a subpoena that was available from their vendor.

2) That the way that would work is that DOJ would get a warrant, serve it to the vendor, who would then alert Trump.

Jul 28, 2023 at 10:38pmWeb
Show threadMacCruiskeenJul 28, 2023
@emptywheel so the lesson here is don’t use third party servers fro crimey stuff.
Show thread𝐉𝐨𝐧 𝐁𝐞𝐫𝐠𝐞𝐫Jul 29, 2023
@maccruiskeen @emptywheel A lot of people need to learn that lesson. Chapter One of my upcoming book "How To Be a Better Criminal For Dummies" is going to be entitled "Why You Shouldn't Do Drug Deals By Text Message." You'd think it would be obvious, but no.
Show threadMichael GemarJul 29, 2023

@maccruiskeen @emptywheel Evergreen advice:

https://m.youtube.com/watch?v=pBdGOrcUEg8

Criminal Conspiracy Notes

YouTube
Show threadForbestonowJul 28, 2023
@emptywheel
Very helpful, as always.
Show threadM.S. Bellows, Jr.Jul 29, 2023
@emptywheel Closing the loop: IOW, you're suggesting that the DOJ baited Trump into criming to cover up a subpoena he knew was coming?
Show threademptywheelJul 29, 2023
@msbellows No. That DOJ probably had a pretty well-developed skepticism abt Trump Org's willingness to comply with a subpoena and so already looking for an alt source.