Law Professor Jonathan Turley reacted to reporting that the Trump transition team's attorney is alleging Fourth Amendment violations against Special Counsel Robert Mueller's investigation.
Trump for America attorney Kory Langhofer said Mueller's team inappropriately obtained documents for its probe.
A lawyer for the Trump presidential transition team is accusing Special Counsel Robert Mueller’s office of inappropriately obtaining transition documents as part of its Russia probe, including confidential attorney-client communications, privileged communications and thousands of emails without their knowledge.
In a letter obtained by Fox News and sent to House and Senate committees on Saturday, the transition team’s attorney alleges “unlawful conduct” by the career staff at the General Services Administration (GSA) in handing over transition documents to the special counsel’s office.
Kory Langhofer, the counsel to Trump for America (TFA), argues the GSA “did not own or control the records in question” and the release of documents could be a violation of the Fourth Amendment – which protects against unreasonable searches and seizures.Langhofer wrote in Saturday's letter that the GSA handed over “tens of thousands of emails” to Mueller's probe without "any notice" to the transition.
Turley, of George Washington University in Foggy Bottom, D.C., said the legal territory Langhofer waded into is "a somewhat ambiguous area."
"Why take the risk?" he asked of the Mueller team's decision to go about obtaining the documents the way it did.
Turley said Langhofer is correct as far as claiming the documents are not the property of the General Services Administration, where Mueller's team obtained them.
He said Mueller and his deputy, Andrew Weissmann, have a history of an aggressive style of handling cases, with the latter being accused of "prosecutorial overreach" by critics of the Enron scandal's proceedings.
Turley said Mueller is possibly legally allowed to obtain documents this way, but that perception of the actions may affect the way the investigation is considered.
"Why do something this risky?" he asked.
Watch more above.