Mueller, the GSA and the Trump transition

The white house views over the lawn

The other day I posted a tweetstorm on the issues raised by the Trump transition’s letter to Congress relating to the Special Counsel’s access to transition data stored at GSA.  The TL;DR summary:  Not much there, there.  I thought the entire text might be of interest to Lawfare readers:

Since I published the storm a couple of points have been made that are worth noting. First, the law REQUIRES the transition teams to use the GSA. This may mitigate, somewhat, the attorney-client waiver analysis. Second as Orin Kerr pointed out, the third party content doctrine may no longer be good law — but the other reasons for thinking there is no Fourth Amendment violation remain sound.


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