I suppose Mueller may find the felony version applicable sometime in the near future when he's piling on charges.
.@OrinKerr: "it's worth noting that felony liability can creep up you surprisingly quickly under § 1030 [Computer Fraud and Abuse Act]"https://lawfareblog.com/did-donald-trump-jr-admit-violating-computer-fraud-and-abuse-act …
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Not for that. I'm with Orin in that this is probably an instance where prosecutorial discretion would say not to charge. But yes, Mueller is undoubtedly sitting on a monster CFAA charge or 10, nested inside a conspiracy that Don Jr may one day be indicted under.
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I think we agree. It's not the centerpiece of a case, but can be useful to heighten Don Jr's legal jeopardy. Similar situation to what the Flynns may have faced.
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Here's an Orin Kerr thread from July '17 on CFAA in which I contributed.https://twitter.com/NAKU2014/status/884522810076540930 …
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TY. Did the two of you notice that MalwareTech got a continuance? Among other things, the govt is refusing to show 10 computers, anywhere, damaged by the CFAA conspiracy.
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I did not, thanks. I'm only a casual observer, Kerr is the expert.
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If Wikileaks found something interesting on the site, they'd have just published it. They certainly would've scraped it all. The only reason to ask Jr. to log in directly to a site WL already controls is to later leverage him with the CFAA violation.
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Imagine Liddy sending Erlichman the alarm codes for Ellsberg's psychiatrist's office with a note saying "we left the file there, but you really should go check it out!"
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