Just as we said yesterday, the Veritas position was supported by NO precedent, whatsever.
And the clear federal rules of criminal procedure, and dozens of cases were on the side of the FBI/DoJ here.
So… we see that the able judge has just entered — one elapsed day later — a cogently terse one-page opinion, then:
…Petitioners have not shown that access to the affidavits is necessary for them to respond to the Government’s arguments. Even if they had, Petitioners “cite no precedent — and the Court is aware of no authority — for the proposition that the Fourth Amendment (or any other constitutional or statutory provision) gives a person who has not been charged a right to review a search warrant affidavit during an ongoing investigation.” In re Search Warrants Executed on April 28, 2021, No. 21 Misc. 425, 2021 WL 2188150, at *3 (S.D.N.Y. May 28, 2021). Here, the Government’s grand jury investigation is ongoing, and no one has been charged. Should those circumstances change, those named as defendants may seek production of the affidavits as part of discovery. See Fed. R. Crim. P. 12, 16.
Accordingly, Petitioners’ motion is DENIED. The Clerk of Court is directed to terminate the motion pending at ECF No. 33.
SO ORDERED….
Scott Johnson and John Hinderaker… have lost all their critical thinking skills… been put out to pasture, it would seem… long ago.
Onward, smiling….
Powerline Lies... 