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      ForensicsS | Private Detective & Digital Forensics Investigation Experts > News > Uncategorized > LAWSPLAINING: Margot Cleveland Suggests That the FBI Has Systematically Violated Defendants’ Rights
    LAWSPLAINING: Margot Cleveland Suggests That the FBI Has Systematically Violated Defendants’ Rights
    30
    May
    • ForensicsS
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    LAWSPLAINING: Margot Cleveland Suggests That the FBI Has Systematically Violated Defendants’ Rights

    Cybersecurity expert

    The opposite day Senator Chuck Grassley launched a file known as ‘Nellie Ohr FBI Diagnosis,’ connected to Fusion GPS, which in section accused of Ohr of misleading the final public. For occasion, right here’s one prognosis of the doc:

    Remember Nellie Ohr, the Fusion GPS operative whose DOJ official Bruce turned into deeply interested by the Russian collusion hoax?

    Based mostly completely mostly on FBI documenta obtained by Charles Grassley, she lied to Congress about what she turned into as a lot as, including her ham radio activities. pic.twitter.com/RztOPPqNcG

    — Sean Davis (@seanmdav) Might perchance well well well additionally simply 28, 2025

    Certainly, Davis linked to that doc, right here:

    Be taught the elephantine FBI documents right here. https://t.co/UuAdT21b1y

    — Sean Davis (@seanmdav) Might perchance well well well additionally simply 28, 2025

    However Professor Margot Cleveland smartly-known a deeper bellow revealed by the doc and it’s a doozy. We’ll let her cowl:

    🧵🧵🧵Most up-to-date unlock by Sen. @ChuckGrassley suggests systemic violations of Brady by FBI. Brady rule requires authorities to repeat exculpatory evidence in criminal case; to conform, FBI brokers search Sentinel system. Brady mandate is conception to be a constitutional requirement. 1/

    — Margot Cleveland (@ProfMJCleveland) Might perchance well well well additionally simply 30, 2025

    Now, to manufacture quite little bit of ‘lawsplaining’ to translate from legalese to English … Brady refers to Brady v. Maryland, 373 U.S. 83 (1963), which held that underneath the Due Route of clauses of the Fifth and Fourteenth Amendments, a criminal defendant has a appropriate to any exculpatory evidence in the authorities’s possession. ‘Exculpatory evidence’ refers to any evidence that tends to remark that a person is harmless of any crime the person is accused of committing or mitigating the severity of it.

    To present a pragmatic example, be conscious the Duke Lacrosse non-rape case? In that case, just a few individuals of the Duke Lacrosse crew had been accused of gang raping a lady at a selected time. Later on, it turned out that one in all accused turned into on digicam at an ATM on the time he turned into allegedly committing the crime, and when that got right here to mild, the costs fully fell apart—all of the accused had been exonerated. However without Brady (or a identical voice rule), the authorities will contain tried to conceal up that photos and might perchance presumably well per chance need even potentially convicted these harmless males of the crime.

    Immediate

    2/ However based completely on FBI Wash. Self-discipline Office EC sent to SC Office on 9/18/19, Sentinel system entails “invisible files” that can’t appropriate kind no longer be taught, however that you don’t even know exist-recordsdata identified as “Prohibited Access” recordsdata, NOT to be stressed w/ Restricted Get entry to recordsdata.

    — Margot Cleveland (@ProfMJCleveland) Might perchance well well well additionally simply 30, 2025

    3/ That is how EC defined “Prohibited Access” recordsdata, versus Restricted Get entry to. Based mostly completely mostly on this FBI Agent, then, whenever you search Sentinel for diverse terms, if the recordsdata are coded “Prohibited Access,” search will remark NO responsive documents. pic.twitter.com/FBKQKIzyzt

    — Margot Cleveland (@ProfMJCleveland) Might perchance well well well additionally simply 30, 2025

    Listed right here are those two photos, blown up.

    4/ In distinction, when things are coded “Restricted Access,” a search will remark hits however the FBI agent without the most attention-grabbing clearance/authority can not ogle the doc.

    — Margot Cleveland (@ProfMJCleveland) Might perchance well well well additionally simply 30, 2025

    Purchased that? So they are able to convey the Sentinel system to watch documents, and whether it is some distance merely labeled ‘Restricted Get entry to’ then the hit will near abet as indicating that there might perchance be a relevant hit, however the person can not get entry to the doc. 

    However whether it is some distance ‘Prohibited Get entry to,’ the doc won’t register successful in discover searches. You don’t even know what you are no longer seeing.

    So for occasion, imagine in the occasion you are a defendant in the Governor Whitmer ‘fednapping’ case. So you moderately ask any documents connected to Whitmer. An FBI agent can be required to search by Sentinel and review every doc declaring Whitmer to gape if there might perchance be any exculpatory evidence in every. If the quest says that there are restricted get entry to documents, then that agent is at least on watch that there are documents with knowledge about Whitmer in it that he or she doesn’t contain get entry to. Then that agent can both work with supervisors to get get entry to to those documents, or contain somebody with the loyal clearance admire at those documents and gape if any of them are responsive. However if one doesn’t even get successful on the quest engine, then how will you rob that subsequent step?

    Thoughts you, we are no longer decided that any of the defendants if that is the case had been denied get entry to to exculpatory evidence that draw. We are simply inventing a hypothetical for illustrative capabilities.

    5/ Washington Self-discipline Office FBI agent’s EC smartly-known that Might perchance well well well additionally simply 30, 2019 (day after SC Mueller resigned), SC’s field of industrial supplied FBI agent Bruce Ohr’s redacted FD-302s however requested for unredacted versions which were in “Prohibited Access” holdings. pic.twitter.com/IT0RNgqJxZ

    — Margot Cleveland (@ProfMJCleveland) Might perchance well well well additionally simply 30, 2025

    6/ EC provides SC Crew stated most “but not all” documents “had been migrated from Prohibited status to Restricted Access status, . . .” SIGNIFICANTLY, though, “investigators would (and do) remain incapable of identifying potentially relevant serials” in “Prohibited Access” field. pic.twitter.com/EEbsKkQjK0

    — Margot Cleveland (@ProfMJCleveland) Might perchance well well well additionally simply 30, 2025

    7/ That paragraph CONFIRMS two a form of systems, with Restricted Get entry to you can not ogle doc however it exists, whereas Prohibited Get entry to, you don’t even know there might perchance be a doc–it is some distance invisible.

    — Margot Cleveland (@ProfMJCleveland) Might perchance well well well additionally simply 30, 2025

    8/ This paragraph confirms the point: The Washington Self-discipline Office agent can snarl there are 70 documents in the Restricted Get entry to system that encompass the quest term “Berkowitz,” however can not know what number of extra are in “Prohibited Access” since the Sentinel system will not be any longer going to remark any… pic.twitter.com/P8Ry1R92ul

    — Margot Cleveland (@ProfMJCleveland) Might perchance well well well additionally simply 30, 2025

    Since about a of the text is sever off, right here’s your complete submit:

    This paragraph confirms the point: The Washington Self-discipline Office agent can snarl there are 70 documents in the Restricted Get entry to system that encompass the quest term ‘Berkowitz,’ however can not know what number of extra are in ‘Prohibited Get entry to’ since the Sentinel system will not be any longer going to remark any ‘hits’ if the documents are in Prohibited Get entry to.

    10/ FBI’s upkeep of “Prohibited Access” recordsdata that DO NOT SHOW UP IN SEARCH REQUESTS in Sentinel draw brokers pulling Brady field materials to conform WITH THE CONSTITUTION, will not be any longer going to even know there are potentially exculpatory materials they’ll contain to be offering.

    — Margot Cleveland (@ProfMJCleveland) Might perchance well well well additionally simply 30, 2025

    12/ This will not be any longer me saying that…it is some distance an FBI agent saying that in an EC sent to the Put up Special Counsel’s Office AND THAT EC WAS APPROVED BY THREE SUPERVISORS! pic.twitter.com/IIM4ghiuxf

    — Margot Cleveland (@ProfMJCleveland) Might perchance well well well additionally simply 30, 2025

    14/ This scandal will not be any longer any longer about Trump or the corruption of the Russia-collusion hoax investigators–it calls into query the draw the FBI handles documents that it is some distance legally and each so steadily constitutionally required to explain over, via FOIA, Congressional investigation, Brady,

    — Margot Cleveland (@ProfMJCleveland) Might perchance well well well additionally simply 30, 2025

    16/16 Did Durham & the IG watch “Prohibited Access” documents? Why cowl? Did Put up Special Counsel Mueller ever provide the Washington Self-discipline field of industrial the documents connected to Nellie Ohr & search Prohibited Get entry to?

    — Margot Cleveland (@ProfMJCleveland) Might perchance well well well additionally simply 30, 2025

    17/ Here is how the DOJ’s IG describes “Prohibited Access.” pic.twitter.com/iRAY1HvnQe

    — Margot Cleveland (@ProfMJCleveland) Might perchance well well well additionally simply 30, 2025

    That is frankly my response!

    — Margot Cleveland (@ProfMJCleveland) Might perchance well well well additionally simply 30, 2025

    Jay Metropolis, which will not be any longer a town, however a person that says he is …

    VP & Basic Counsel, @Gray_Analytics. Aged U.S. Legal educated for the Northern District of Alabama (2017-2020). Occupation prosecutor. Marine. Proud dad & husband

    … stated this based completely on Cleveland’s thread:

    I appropriate kind chanced on reference to it in a footnote in an unrelated IG file (on misconduct.) Any FBI brokers (fresh or broken-down) desire to weigh in on whether or no longer you ever historical that/how you had been educated on it/how you sought for responsive documents? pic.twitter.com/h28tY9sUlH

    — Margot Cleveland (@ProfMJCleveland) Might perchance well well well additionally simply 30, 2025

    Sentinel turned into utilized Bureau wide in 2012.

    Bob Mueller turned into the FBI Director.

    In 2013 (and in the years following), Sentinel had many upgrades to “get entry to controls”, comparable to Prohibited get entry to.

    Guess who turned into the FBI Director then? pic.twitter.com/r579VS5nVR

    — Jay Metropolis (@JayTownAlabama) Might perchance well well well additionally simply 31, 2025

    It’s in all probability you’ll presumably well’t gape this appropriate now, however we are making our shy face.

    However in all seriousness, right here’s no longer most attention-grabbing a extreme scandal, it might perchance presumably well per chance discontinue up upending a dapper replacement of criminal case. Some harmless folks will fade free and a few guilty folks will ask for a novel trial, appropriate kind to hope to get a a form of consequence. How many will belong in both category is someone’s wager.

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