Wednesday, July 06, 2016

Was FBI Director Comey's Press Conference A Form of Warrant Canary

Warrant Canary - A warrant canary may be posted by the provider to inform users of dates that they have not been served a secret subpoena. If the canary is not updated for the time period specified by the host or if the warning is removed, users are to assume that the host has been served with such a subpoena. The intention is to allow the provider to warn users of the existence of a subpoena passively, without disclosing to others that the government has sought or obtained access to information or records under a secret subpoena.

Reading the comment's over at Ars Technica and it occurred to me that maybe more is going on than what we are seeing on the surface.  I have a couple reasons for thinking this:

1.  The press conference is unusual.  Usually they just forward the investigation and answer a few questions when asked.

2.  The language was very harsh in comparison to the recommendations.

3.  He stepped right up to the line of calling what Clinton did a felony but carefully didn't cross it, (extremely careless versus grossly negligent)

4.  He admitted that others in similar circumstances would face charges / sanctions.

5.  His actual recommendation.  Instead of saying that they found no indication of criminal activity or didn't find enough evidence to prosecute Comey declared that "no reasonable prosecutor would file charges".  Is that code for no prosecutor likely to be assigned to the case (a discretionary call) is likely to risk his career or his bosses displeasure?  Or maybe he was just told we aren't filing charges so wrap it up.

Just a thought.
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