Sun Sentinel Palm Beach Edition

Email warrant disclosure

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Judge orders release of document that let FBI reopen Clinton inquiry.

NEW YORK — A federal judge on Monday ordered the public release of the search warrant that FBI agents used to reopen their investigat­ion of Hillary Clinton’s use of a private email server just weeks before the presidenti­al election.

U.S. District Judge P. Kevin Castel ruled Monday that the public had a right to see the warrant, which he said was secretly filed with the court on Oct. 30.

Agents used the warrant to get access to emails stored on a computer belonging to Anthony Weiner, the estranged husband of top Clinton aide Huma Abedin.

FBI Director James Comey upended the presidenti­al race Oct. 28 when he informed Congress that agents would be digging through emails between Abedin and Clinton for any new evidence related to Clinton’s handling of sensitive State Department informatio­n.

Two days before the Nov. 8 election, Comey announced that the inquiry had uncovered no new evidence of wrongdoing. Historians will long debate whether the revelation­s factored into Clinton’s loss to Donald Trump.

The court documents will be unsealed at noon Tuesday, with portions blacked out to conceal the names of agents. The judge also ordered the redaction of any informatio­n about an open investigat­ion of Weiner’s online correspond­ence with a teenage girl.

Agents initially seized the computer in connection with that investigat­ion.

Weiner, a Democrat, resigned his seat in Congress after sexually explicit texts and social media posts to various women.

Federal authoritie­s began investigat­ing him in late September after an online news outlet, the Daily Mail, published an interview with a North Carolina girl who said she had exchanged sexually explicit messages with him over several months.

Randol Schoenberg, a Los Angeles lawyer who specialize­s in recovering works of art stolen by the Nazis, petitioned the court to make the search warrant and supporting documents public.

In his order, Castel said public interest in the case overrode any privacy considerat­ions.

“Ordinarily, a person whose conduct is the subject of a criminal investigat­ion but is not charged with a crime should not have his or her reputation sullied by the mere circumstan­ce of an investigat­ion,” he wrote. But in this instance, he said, the fact that the FBI investigat­ed Clinton is hardly secret. “She has little remaining privacy interest in the release of the documents identifyin­g her as the subject of this investigat­ion.”

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