Mueller's Access to the Transition Emails and the Fourth Amendment

The nerd version.

I wrote a long post over at Lawfare analyzing whether Mueller's investigators violated the Fourth Amendment in accessing the Presidential transition's e-mails. It begins:

There has been a lot of buzz in the last day or two about claims by Kory Langhofer, counsel for Trump for America, that Mueller's investigators wrongfully obtained copies of the presidential transition team's emails. One of the claims in Langhofer's letter is that the access violated the Fourth Amendment. I haven't seen a substantial legal analysis of the issue yet, so I thought I would try one.

My bottom line: Langhofer's claim that access to the emails violated the Fourth Amendment is likely wrong. At the same time, it's not necessarily frivolous. And depending on how the facts turn out, it may be plausible.

You can read the whole thing over at Lawfare.