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12.05.2019 0

Warrantless surveillance of Nunes, Solomon, and Giuliani has Pelosi up Schiff’s creek w/o a paddle

Pelosi and Schiff conduct warrantless surveillance on Nunes, Solomon, Sekulow and Giuliani:
http://dailytorch.com/2019/12/pelosi-and-schiff-conduct-warrantless-surveillance-on-devin-nunes-john-solomon-jay-sekulow-and-rudy-giuliani/

It appears that House Intelligence Committee Chairman Adam Schiff (D-Calif.) managed to get AT&T and Verizon to cooperate with a Congressional subpoena to provide phone records of President Donald Trump’s personal attorney Rudy Giuliani, U.S. Rep. Devin Nunes (R-Calif.), the ranking member of the committee for Republicans, and journalist John Solomon. And since the phone carriers are the keepers of the records, so the thinking goes, they can waive the rights to those records. Or can they? 18 U.S.C. Section 1039(b)(1) states very clearly that phone carriers can only turn over records with a customer’s permission: “Except as otherwise permitted by applicable law, whoever, in interstate or foreign commerce, knowingly and intentionally sells or transfers, or attempts to sell or transfer, confidential phone records information of a covered entity, without prior authorization from the customer to whom such confidential phone records information relates, or knowing or having reason to know such information was obtained fraudulently, shall be fined under this title, imprisoned not more than 10 years, or both.” There is an exception to that, under 18 U.S.C. Section 1039(g), but it applies only to the executive branch: “This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or political subdivision of a State, or of an intelligence agency of the United States.” Nowhere in the statute does it mention Congress as being one of the exempted bodies—and Congress ought to have known—it wrote the law. Did Schiff break the law?

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