“It’s a subpoena dressed up as a warrant that also has the powers of a subpoena?” Bolden asked Anderson, who told him it was indeed.Īnderson said that a warrant required a very high legal standard, and said that the case wasn’t about who ultimately had the intellectual property rights to the emails. Warrants give law enforcement the right to enter and search premises subpoenas compel their targets to disclose information. “I’ve signed a few of them, and they don’t require you to disclose things.” “I have a lot of experience with search warrants,” said Lynch. “If Congress passes a law and the executive wields it like a blunderbuss in such a way as to cause international tensions, that’s for them to worry about.”īut Lynch also expressed reservations about the government’s contention that this was a particularly powerful search warrant. “We don’t do foreign relations,” Lynch said. I stood there and argued it to this court. When Rosenkranz said the warrant constituted a violation of national sovereignty, Lynch said: “That’s exactly what the Swiss said we were doing in Marc Rich. Lynch’s case against Rich hinged on subpoenaed documents from Swiss companies, a fact both he and assistant US attorney Justin Anderson were quick to point out.
Rich counted among his clients embargoed Iran, apartheid-era South Africa and Chile under Pinochet. The three-judge panel hearing the appeal consists of judges Victor Bolden, Susan Carney and Gerard Lynch, the last of whom successfully prosecuted commodities oil magnate Marc Rich in the late 1980s. “This notion of the government’s that private emails are Microsoft’s business records is very scary,” Rosenkranz told the court. Microsoft argues the emails are the customers’ personal documents and a US warrant does not carry the authority needed to compel the company to hand it over. The DoJ contends that emails should be treated as the business records of the company hosting them, by which definition only a search warrant would be needed in order to compel the provision of access to them no matter where they are stored.
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