Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 1 of 35

AO 93 (Rev. I l/13) Search and Seizure Warrant

UmrBI STATBS DTSTruCT COURT
for the

District of Columbia
In the Matter of the Search

of

)

(Briefly describe the property to be searched
or identify the person by name and address)

Case: 1'.17-mj-00982
Assigned To . Howell, BerylA.
Assign. Date : 1211912017
Description: Search and Seizure Warrant

)
)
)
)
)

INFORMATION ASSOCIATED WITH

SEARCH AND SEIZURE WARRANT

To:

Any authorized law enforcement officer

An application by a federal law enforcement officer or an attorney for the government requests the search
California
Northern District of
of the following person or propefty located in the
(identify the person or describe the property to be searched and give its location)',

See Attachment A

I find that the affidavit(s), or any recorded testimony, establish probable cause to search and seize the person or property
described above, and that such search

will reveal Qdentifu the person

or describe the property to be seized):

See Attachment B

ilf

January 2, 2018
fuot to exceed t 4 days)
YOU ARE COMMANDED to execute this warrant on or before
in the daytime 6:00 a.m. to 10:00 p.m. ü at any time in the day or night because good cause has been established.

Unless delayed notice is authorized below, you must give a copy of the warrant and a receipt for the property taken to the
person from whom, or from whose premises, the propefty was taken, or leave the copy and receipt at the place where the
property was taken.

The officer executing this warrant, or an officer present during the execution of the warrant, must prepare an inventory
Hon. BervlA. Howell
as required by law and promptly return this warrant and inventory to
(United States Magisffate Judge)

ü

Pursuant to 18 U.S.C. $ 3103a(b), I find that immediate notification may have an adverse result listed in l8 U.S'C'
(except
for delay of trial), and authorize the officer executing this warrant to delay notice to the person who, or whose
2705
$
property, will be searched or seized þheck the appropriate box)

fl for_days
Date and time issued:

(nottoexceed30)

il

2ù/

until,thefactsjustifying,thelaterspecificdateof

¿//h

//ntu
Judge's signature

City and state:

Washington, DC

Hon. Beryl A. Howell, Chief U.S. District Judge
Printed name and title

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 2 of 35
AO 93 (Rev. I l/13) Search and Seizure Wanant (Page 2)

Return
Case No.:

Inventory made in the presence

Date and time warrant executed

Copy of warrant and inventory left with

of

Inventory ofthe properfy taken and name ofany person(s) seized:

I declare under penalty of perjury that this inventory is correct and was returned along with the original warrant to the
designated judge.

Date:
Executing

ffi cer's

s

ignature

Printed name and title

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 3 of 35
AO l0ó (Rev. 04/10) Application

t-or a Search

Warrant

UmreD

STATES

DrsrRrcr Counr

0Ec Í e 20P

for the
Disfrict of Columbia
In the Matter of the Search

of

ûlerk,

üourts

å:-å5iifiåjÍ#,ffiffi*

Case: 1'.17-mi-O0982
Assigned To : Howell, BerYlA.
Assign. Date : 1211912017
Description: Search and Seizure Warrant

(Briefly describe the property to be searched
or identify the person by name and address)

INFORMATION ASSOCIATED WTH

APPLICATION FOR A SEARCH WARRANT

, l, à federal law enforcement officer or an attorney for the government, request a search warrant and state under
penalty of perjury that I have reason to believe that on the followiñg person or prdperty (identifu the person or describe the
property to be searched and give its location):

See Attachment A.

located in

the

District of

Northern

California

, there is now concealed (dentifu the

person or describe Íhe property to be seized)i
See Attachment B.

This warrant is sought pursuant to

l8 U.S.C. $$ 2703(a), 2703(bX1XA),

The basis for the search under Fed. R. Crirn. P. a I (c) is

and 2703(cXlXA).

(check one or more):

devidence of a crime;
dcontraband, fruits of crime, or other items illegally possessed;

dproperry designed for use, intended for use, or used in committing a crime;
ü a person to be arrested or a person who is unlawfully restrained.
The search is related to a violation of:
Code Section
18 U.S.C. S 1030
18 U.S.C. S 371; 2

F ra ud a nd re ated activiti es h !#{:&3:iííK33i 0r,"'.,
Conspiracy against the United States; Aídíng and abetting
Foreign contribution ban
I

52 U.S.C. S 30121

The application is based on these facts:
See attached Affidavit.

f,
f,

Continued on the attached sheet.
Delayed notice of
under l8 U.S.C. $

(give exact ending date if more than 30 days
3 I 03 a, the basis of which is set forth on the attached sheet.

_...._ days

Reviewed by AUSA/SAUSA
Aaron Zelinsky (ASC)

) is requested

Applicant's signature

Amy Anderson, Special Agent, FBI
Printed name and title

Sworn to before me and signed in my presence.
Date:

12t19t2017

%2",æ
's signature

City and s1¿1s; Washington, D'C

Hon. BerylA. Howell, Chief U.S. District J udge
Printed name and title

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 4 of 35

FTI.EÞ
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTzuCT oF'r-oT IT]\IRIÁ
IN THE MATTER OF THE SEARCH OF
INFORMATION ASSOCIATED WITH

case:

1

:1

DEC

Ig

20t7

lfå?åTifrå:fffi#mil:' -

7-mj

'onrpffi*
BerYlA.
Assigned To : Howell,
:
1211912017
Date
Assign.
Description: Search and Seizure Warrant

AFFIDAVIT IN SUPPORT OF
AN APPLICATION FOR A SEARCH WARRANT
I, Amy A. Anderson, being first duiy sworn, hereby depose and state as follows:

INTRODUCTION AND AGENT B ACKGROIINT)

1.

I make this affidavit in support of an application for a search warrant for

information associated with the following email account (hereafter the Target Account),
described in more detail in Attachments A and B:

o

(the "Target Account") an email address associated

with

, described further in Attachment A, maintained by

Google;
The information to be disclosed by Google (hereafter "the Provider") and searched by the

government is described in the following paragraphs and in Attachments A and

B. This affidavit

is made in support of an application for a search warrant under 18 U.S.C. $$ 2703(a),
27 03

(b)(I)(A), and 2703 (cX 1 XA).

2.

I am a Special Agent with Federal Bureau of Investigation ("FBI")

assigned to

FBI Headquarters working directly with the Special Counsel's Office. I have been a Special
Agent with the FBI since 2010. Since then, I have conducted national security investigations

of

foreign intelligence services, espionage, and counter proliferation matters. I have training and
experience related to espionage and foreign intelligence services national security investigations.

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 5 of 35

I have conducted and participated in various investigations involving multiple threat countries

well

as

as

national security.threats and appiicable criminal violations

3.

The facts in this affidavit come fi'om my personal observations, my training and

experience, and information obtained from other agents and witnesses. This affidavit is intended

to show merely that there is sufficient probable cause ftrr the requested warrant and does not set

forth all of my knowledge about this matter.

4.

Based on my training and experience and the facts as set forth in this affidavit,

there is probable cause to believe that the Target Account contáins communications relevant to

violations of 18 U.S.C. $ 1030 (fraud and related activities in connection with computers), 52
U.S.C. $ 30121 (foreign contribution ban), 18 U.S.C. $ 371 (conspiracy to commit an offense
against the United States), and 18 U.S.C. $ 2 (aiding and abetting).

JURISDICTION

5.

This Court has jurisdiction to issue the requested warrant because it is "a court of

competent jurisdiction" as deftned by 18 U.S.C. ç2711.

/d.

$$ 2703(a), (bX1XA), & (cX1XA).

Specifically, the Court is "a district court of the United States (including a magistrate judge

of

such a courl) . . . that has jurisdiction over the offense being investigated." 18 U.S.C.
$

2711(3XAXi). The offense conduct included activities in Washington, D.C.,

including in paragraph

1

as detailed below,

1.

SUMMARY

6.

On or about July 25,2016, Roger STONE emailed Jerome CORSI to "Get to

Assange" in person at the Ecuadorian Embassy and "get pending Wikileaks emails[.]" On or
about August I,2016, STONE also instructed CORSI to have

(the user

of

tlre Target Account) contact Julian ASSANGE. On or about August 2,2016, CORSI responded
2

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 6 of 35

to STONE that the "word is fi'iend in embassy IASSANGE] plans 2 more dumps. One shortly
after I'm

b ack.

2nd in October. Impact planned 1o be. very .damaging.

exposed as in bed w enemy if they are not ready to drop

..

. Time to let Podesta to be

I{RC." Information disclosures

subsequently occurred on or about the times CORSI predicted: On or about August 12,2016, the
day CORSI was scheduled to return to the United States ("shortly after I'm back"), Guccifer 2.0
released hacked information related to the Democratic Congressional Campaign Committee

(DCCC). On October 7 ,2016 ("in October"), Wikileaks began releasing emails hacked from
John Podesta's email account.

7.

, using the Target Account,

On or about November 13,2016,

emailed Stone to congratulate him on "tak[ing] the country back," and stating, "You deserve a

lot of credit and working with you and Jeri Corsi, who is with me now in London has been
great

joy."

a

using the Target Account emailed

On or about January 7,2017,

recipients about John Podesta going "phishing."

PROBABLE CAUSE.

A. Background

i.
8.

on Relevant Individuals
Roger STONE

Roger STONE is a self-employed political strategist/consultant and has been

actively involved in U.S. politics for decades. STONE worked on the presidential campaign of
Donald J. Trump (the "Campaign") until August 2015. Although Stone had no official
relationship with the Campaign thereafter, STONE maintained his support for Trump and
continued to make media appearances in support of Trump's presidential campaign. As
described further below, STONE also maintained contact with individuals employed by the

J

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 7 of 35

Campaign, including then-campaign chairman Paul MANAFORT and deputy chairman Rick
.GATES

ii.
g.

Jerome CORSI

Jerome CORSI is a political commentator who, according to publicly available

information, serves as the "'Washington Bureau Chief for Inforwars.com." According to
publicly-available sources, from2014 until January 2017, CORSI was a "senior staff reporter"
for the website "World Net Daily" a"/k/a "WND.com." CORSI has also written a number of
books regarding Democratic presidential candidates. As described fuither below, CORSI was in
contact with STONE during the summer and fall of 2016 regarding forthcoming disclosures
hacked information by Wikileaks, and appears to have obtained information regarding

upcoming disclosures which he relayed to STONE.

iii.
10.

4

of

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 8 of 35

B.

Disclosure of Hacked Information by Wikileaks During the 2016 Presidential
Campaign
1

1.

According to the public and unclassified intelligenòe report prepared by the

United States Intelligence Community, Russian intelligence gained access to the Democratic
National Committee (DNC) networks in July 2015 and maintained that access until at least June

2016. By March 20I6,the Russian military intelligence (General Staff Main Intelligence
Directorate or "GRU") probably began cyber operations aimed atthe U.S. election. The GRU
operations resulted in the compromise of personal e-mail accounts within the DNC and other

Democratic Party officials and political figures. By in or about }/ray 20ï6, the GRU had
exfiltrated large volumes of data from the DNC. The DNC headquarters is located at 430 South
Capitol Street SE, Washington, D.C. 20003.

12.

The public and unclassified intelligence report assessed that:

a.

The GRU used a Twitter account, "Guccifer 2.0" andthe website

DCleaks.com to release the U.S. victim data obtained in cyber operations publicly and in
exclusives to media outlets and relayed material to Wikileaks.

b.

Guccifer 2.0, who claimed to be an independent Romanian hacker, made

multiple contradictory statements and false claims about his likely Russian identity
throughout the election.

c.

Content that was taken from e-mail accounts targeted by the GRU in

March 2016 appeared on DCleaks.com starting in June 2016.

5

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 9 of 35

d.

The GRU relayed material it acquired from the DNC and senior

Democratic officials to Wikileaks. Wikileaks .was mostly likely, chosen.because of its
self-proclaimed reputation for authenticity. Disclosures through Wikileaks did not
contain any evident forgeries.

e.

The Kremlin's principal international propaganda outlet RT (formerly

Russia Today) has actively collaborated with Wikileaks. RT's editor-in-chief visited

Wikileaks founder Julian ASSANGE at the Ecuadorian Embassy in London in August
z}I3,where they discussed renewing his broadcast contract with RT, according to
Russian and Vy'estern media. Russian media has subsequently announced that RT had
become "the only Russian media company" to partner with V/ikileaks and had received
access to "new leaks

13.

of secret information."

On or about June 14, 2016, the Washington Post reported that "Russian

government hackers" had penetrated the DNC computer network and stole opposition research

on Donald J. Trump. The Kremlin's spokesman denied any Russian involvement in the hack.

14.

On or about June 15, 2016, Guccifer 2.0 claimed responsibility for the DNC hack

and began posting hacked documents.

15.

On or about JuIy 22,20ì6,V/ikileaks published about 20,000 emails stolen from

the DNC.

16.

On or about August 12,2016, Guccifer 2.0 released personal cellphone numbers

and email addresses from the files of the Democratic Congressional Campaign Committee

(DCCC).

17.

On or about August 2I,2016, Roger STONE sent a publicly-available tweet

referring to John Podesta, Hillary Clinton's presidential campaign manager, stating: "Trust me, it
6

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 10 of 35

will

soon the [sic] Podesta's time in the barrel.

,same day, Stone reiterated that because

#CrookedHillary." In

a C-SPAN interview that

of the work of a "imutual acquaintancel.of both his and

whistleblower in the form
[Assange], the public fcould] expect to see much more from the exiled
of strategically-dun'rped Clinton email batches." He added: "'Well, first of all, I think Julian
Assange is a hero... I think he's taking on the deep state, both Republican and Democrat. I
believe that he is in possession of all of those emails that Huma Abedin and Cheryl Mills, the

Clinton aides, believe they deleted. That and a lot more. These are like the Watergate tapes."

18.

On Friday, October 7,2016,at approximately 4:03 P.M., the V/ashington Post

published an article containing a recorded conversation from a2005 Access Hollywood shoot in

which Mr. Trump had made a series of lewd remarks.

lg.

Approximately

a

half hour later, at 4:32 P.M., Wikileaks sent out a public Tweet

reading "RELEASE: The Podesta Emails #HillaryClinton #Podesta #imWithHer" and containing
a

link to approxim

ately 2,050 emails that had been hacked from John Podesta's personal email

account. V/ikileaks continued to release John Podesta's hacked emails throughout October 10-

14,2016.

C. Roger STONE's Private Twitter

Messagbs with Guccifer 2.0,

Wikileaks, and Julian

ASSANGE.

20.

As discussed above, on or about July 22,2016, Wikileaks published

approximately 20,000 emails stolen from the DNC.

21.
ooDear

On August 5,2076,Roger Stone published an article on Breitbart.com entitled,

Hillary: DNC Hack Solved,

So

Now Stop Blaming Russia." Stone wrote: "It doesn't

seem to be the Russians that hacked the

DNC, but instead

Guccifer 2.0."

7

a hacker

who goes by the name of

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 11 of 35

22.

On August 12,2016, Guccifer 2.0 publicly tweeted: "@RogerJStoneJr thanks that

u believe in the,leal #Guccifer2." That same day, Guccifer 2.0 released the personal cellphone
numbers and email addresses from the files of the Democratic Congressional Campaign

Committee (DCCC).

'¿3.

On August

l3,2olti,

Stone posted a tweet using @RogerJStoneJr calling Guccifer

2.0 a "HERO" after Guccifer 2.0 hadbeen banned from Twitter. The next day, Guccifer 2.0's

Twitter account was reinstated.

24.

On August 14,20l6,Stone sent a private message on Twitter using

handle
@RogerJStoneJr to Guccifer 2.0, stating he was "delighted" to see the user's Twitter
reinstated after having been suspended.l

25.

On August 15,2016, Guccifer 2.0 replied to Stone at @RogerJStoneJr, stating:

"wow. thank u for writing back, and thank u for an article about me!!! did you find an¡hing
interesting in the docs I posted."

26.

On August 16,2016, Stone sent a private message using @RogerJStoneJr asking

Guccifer to retweet an article he had written regarding the 'rigg[ing]' of the 2016 presidential
elections.

27.

On August 17,2016, Guccifer 2.0 publicly tweeted, "@RogerJStoneJr paying you

back." Guccifer also sent a private message to @RogerJStoneJr stating "i'm pleased to say u r
great man. please tell me

28.

if I can help u anyhow. it would

be

a

greatpleasure to me."

On August 18,2016, Paul Manafoft, Stone's longtime friend and associate,

resigned as Chairman of the Campaign. Contemporary press reports at the time indicated that

I On or about August7,2017, Chief Judge Beryl A. Howell issued a search warant for the Twitter account
@RogerJStoneJr.

8

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 12 of 35

Manafort had working with a Washington D.C.-based lobbying firms to influence U.S. policy
toward Ukrairre.

29.
Podesta,

On August 2L,2016, using @RogerJStoneJR, Stone directed a tweet at John

Hillary Clinton's presidential campaign manager, stating: "Trust me, it will soon the

lsicl Podesta's time in the barrel. #CrookedHillary."

30.

On September 16, 2016 Stone said in a radio interview with Boston Herald Radio

that he expected Wikileaks to "drop a payload of new documents on a weekly basis fairly soon.

And that of course will answer the question of exactly what was erased on that email server."
3

1

.

On Saturday, October 1,2016, using @RogerJStoneJr, Stone Tweeted,

"Wednesday @ Hillary Clinton i s done. #Wiki Leaks.

32.

"

On Sunday, October 2,20\6,MSNBC Morning Joe producer Jesse Rodriquez

tweeted regarding an announcement Julian Assange had scheduled for the next day from

the

balcony of the Ecuadoran Embassy in London. On the day of the Assange announcement

which was part of V/ikileaks' 1O-year anniversary celebration

:

-

- Stone told Infowars that his

intermediary described this release as the "mother load."

33.

On Tuesday, October 4,2016, Stone used @RogerJStoneJr to tweet: "Payload

coming. #Lockthemup."

34.

As discussed above, on Friday, October 7,2016, Wikileaks began to release

emails that had been hacked from John Podesta's personal email account.

35.

On or about October 12,2016, John Podesta

-

referring back to Stone's August

2I,2016 C-SPAN and Twitter references - argued publicly that "[it is] a reasonable assumption
to - or at least a reasonable conclusion - that fStone] had advanced warning [of the release of his
emails] and the Trump campaign had advanced warning about what Assange was going to do. I
9

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 13 of 35

think there's at least

a reasonable

belief that fAssange] may have passed this information on to

[Stone]." Commenting to the Miami Herald, Stone responded: "I have never met or spoken with
Assange, we have a mutual friend who's traveled to London several times, and everything I

know is through that channel of communications. I'm not implying I have any influence with

him or that I have aclvanced knowledge of the specifics of what he is going to do. I do believe he
has all of the e-mails that Huma Abedin and Cheryl

Mills, the Clinton aides, thought were

deleted. I hear that through my emissary."

36.

On or about the next day, Octòber 13, 2016, @RogerJStoneJr sent a private direct

message to the Twitter account

@Wikileaks. The message read: "Since I was all over national

TV, cable and pri.nt defending Wikileaks and
agents and debunking the false charges

assange against the claim that you are Russian

of sexual assault as trumped up bs you may want to

rexamine the strategy of attacking me- cordially

R."

Less than an hour later, @wikileaks

responded by direct message: "We appreciate that. However, the false claims of association are

being used by the democrats to undermine the impact of our publications. Don't go there if you
don't want us to correct you."

37.

On October 16,2016, @RogerJStoneJr sent a direct message to @wikileaks: "Ha!

The more you \"correct\" me the more people think you're lying. Your operation leaks like a
sieve. You need to figure out who your friends are."

38.

On November 9,2016, one day after the presidential election, @wikileaks sent a

direct message to @RogerJStoneJr containing a single word: "Happy?" @wikileaks immediately

followed up with another message less than a minute later:
communicate."

10

ooWe

are now more free to

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 14 of 35

39

.

On March 70, 2Al7 , Stone spoke with The Washington Times and acknowledged

he had been in contact with Guccifer 2.0 using @RogerJStoneJr. Stone publicly stated that he
had been in contact

with Guccifer 2.0 regarding the DNC hack, and that he had used Twitter's

private message system to do so. Stone provided a copy of the private messages to The
Washington Times.

40.

On or about March 27 ,2017 ,CNN reported that a representative of Wikileaks,

writing from an email address associated with'Wikileaks, denied that there was any backchannel
communication during the Campaign between Stone and Wikileaks. The same article quoted
Stone as stating: "Since

I never communicated with Wikileaks, I guess I must be innocent of

charges I knew about the hacking of Podesta's email (speculation and conjecture) and the timing

or scope oftheir subsequent disclosures. So I am clairvoyant orjust a good guesser because the

limited things I did predict (Oct disclosures) all came true."

4I.

On or about June 4, 2017,@RogerJStoneJr directly messaged @JulianAssange,

an address associated with Julian Assange in numerous public reports, stating:

"Still

nonsense.

As a journalist it doesn't matter where you get information only that it is accurate and authentic.
The New York Times printed the Pentagon Papers which were indisputably stolen from the

government and the courts ruled it was legal to do so and refused to issue an order restraining the
paper from publishing additional articles.

If the US government moves on you I will bring down

the entire house of cards. V/ith the trumped-up sexual assault charges dropped I don't know
any crime you need to be pardoned for - best regards.

R." That Same day,

of

@JulianAssange

responded: "Between CIA and DoJ they're doing quite a lot. On the DoJ side that's coming most

strongly from those obsessed with taking down Trump trying to squeeze us into a deal."

11

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 15 of 35

42.
reading:

On or about June i0, 2017, @RogerJStoneJr sent a direct message to @wikileaks,

"l am doing everything possible

to address the issues at the highest level of

Government. Fed treatment of you and Wikileaks is an outrage. Must be circumspect in this

forum as experience demonstrates it is monitored. Best regards R."

D. Roger S'l'ONl-'s !-maits with Jerome CORSI and

43.
issued a search

On September 11, 2017 " Chief Judge Beryl A. Howell of the District of Columbia
Emails

l address,

warant for STONE's

recovered pursuant to that search warrant indicated the following:

44.

, using the Target Account, emailed

On or about June 20, 20 6,

STONE and Paul MANAFORT, the Campaign Chairman, asking to "know imrnediately how I
can help" the Campaign.

also wrote that his "research on Rhodes House" was

nearing completion. The "Rhodes House" research appears to be a reference to STONE's

previous tweet on or about October T3,2015 that,

"In

Bill Clinton was expelled from

." Rhodes House is the headquarters of the

Oxford for raping nineteen-year-old
Rhodes Trust, and STONE mentioned

1969,

a month later, as

again to

discussed below.

45.

, using the Target Account, emailed Stone

On or about luly 7,2016,

that he had "my tickets to Cleveland[.] [D]o you have my credential pack?"

appears

to be referencing the Republican National Convention held in Cleveland.

46.

, using the Target Account, forwarded

On or about July 25,20ì6,

an email to STONE and CORSI with the subject line: "Fwd: The

Bill

createa campaign for Donald J Trump in Turkey."

wrote: "Do you want to have a

Gates of Turkey wants to

talk about this? Turkey is for Trump!" Below was a forwarded message sent to the Target
12

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 16 of 35

Account from an individuat who stated that he had been contacted by the "Bill Gates of Turkey,
in regards to creating a robust campaign for Mr Donald J Trump'"

47.
Wikileaks

On or about that same day, .Tuly 25,2016, (approximately three days after

began releasing emaiis hacked from the DNC),

emailed Roger

STONE with the subject line, "You need to get to Assange." The body of the message read: "At
Ecuadorian Embassy in London and get the pending wikileaks emails...they deal with

Foundation, allegedly."

48.

, approximately ninety

According to records

minutes later STONE called CORSI and they spoke for 26 minutes.

49.

Less than two hours after the phone call to CORSI, STONE emailed CORSI at

with the subject line, "Get to Assange." The body of the message read: "Get to Assange [a]t
Ecuadorian Embassy in London and get pending Wikileaks emails...they deal with Foundation,

allegedly." It appears that STONE cut and pasted the email from

50.

to CORSI.

On or about July 27,2016, then-candidate Donald Trump stated in a press

conference, "Russia, if you are listening, I hope you're able to find the 30,000 [Hillary Clinton]
emails that are missing. I think you will probably be rewarded mightily by our press. Let's see
that happens. That

51.

if

will be next."

On or about July 28, 2016, Roger STONE called Richard GATES (then the

deputy-chair of the Campaign). The two spoke for approximately twelve minutes.

52.

On or about July 30, 2016, Paul MANAFORT (then the Chairman of the

Campaign) called STONE. The two spoke for approximately one hour and seven minutes. The
Government has analyzedtoll records from January 1,2016 to November 9,2016. Sixty-seven

13

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 17 of 35

minutes is the longest call (by almost a halÊhour) that took place between STONE and

MANAFORT in this time period.

53.

On or about July 31,2016, STONE called GATES and the two spoke for

approximately 5 minutes. Approximately ninety minutes later, STONE emailed CORSI at with
the subject [ine, "Call me MON."'l'he tsody read:

should see Assange[.]

should find Bemie sanders brother who called Bill a Rapist

-

should find

54.

turn him for Trump[.]

or more proof of Bill getting kicked out."
On or about August 2,2016(approximately 19 days before STONE publicly

tweeted about "Podesta's time in the barrel"), CORSI emailed STONE: "V,/ith family, 25th

wedding anniversary Aug 9. Return Home Aug12. Word is friend in embassy plans 2 more
dumps. One shortly after I'm back. 2ndinOct. Impact planned to be very damaging . . .Time to
let more than Podesta to be exposed as in bed w enemy if they are not ready to drop HRC. That
appears to be the game hackers are now about. Would not hurt to start suggesting HRC old,

memory bad, has stroke -- neither he nor she well. I expect that much of next dump focus, setting
stage for Foundation debacle." Based on my training, experience, and review of materials in this
case,

it appears that CORSI's reference to

a

o'friend in embassy
[who] plans 2 more dumps"

refers to Julian ASSANGE; the founder of Wikileaks, who resided in Ecuador's London

Embassy in2016. As discussed above, Guccifer released information hacked from the DCCC on

August 12,2016 (the date CORSI identified as when he would "return home.").

55.

On or about August 16,2016, CORSI, emailed STONE a link to a piece CORSI

had written about STONE titled, "Trump Adviser:

Hillary."

T4

Wikileaks Plotting Email Dump to Derail

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 18 of 35

56.
.

On or about August 3I,2016, CORSI, using emailed STONE: "Did you get the

Podesta writeup." STONE replied "yes."

57.

On or about September 6,2016, CORSI, emailed STONE: "Roger[,] Is NY Post

going to use the Pedesta [sic] stuff?"

58.

On or about October 7,2016, Wikileaks began releasing the Podesta emails.

59.

On or about October 12,2016,the same day on which Podesta accused STONE of

having advance knowledge of the publication of his emails, CORSI emailed STONE with the
subject line "Podesta talking points." Attached to the email was a file labeled, "ROGER STONE
podesta talking points Oct 12 2016.docx." The "talking points" included the statement that,
"Podesta is at the heart of a Russian-government money laundering operation that benefits

financially Podesta personally and the Clintons through the Clinton Foundation." CORSI
followed up several minutes later with another email to STONE titled, "Podesta talking points,"

with the text "sent a second time just to be sure you go it." STONE emailed CORSI, "Got them
and used them."

60.

On or about October 17,2016, CORSI emailed STONE with the subject, "Fwd:

ASSANGE...URGENT..." CORSI wrote, 'oFrom

a

very trusted source," and forwarded an email

with the header information stripped out, showing only the body text. The email read, "Yes[.] I
figured this. Assange is threatening Kerry, Ecuador and U.K. He will drop the goods on them

if

they move to extradite him. My guess is that he has a set of dead man files that include Hillary.

It's what they used to call a 'Mexican stand off[.]' Only hope is that if Trump speaks out to save
him[.] Otherwise he'd dead anyway, once he's dropped what he has. If HRC wins, Assange can
kiss his life away. Interesting gambit Assange has to play out. He's called Podesta's bluff and
raised him the election."
15

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 19 of 35

6I.

, using the Target Account, emailed

On or about November 1,2016,

CORSI and STONE with the subject: "Turkey is

a'GO'- FULL GREEN LIGHT."

wrote: "My good friend Husyein will be caking [sic] you he is in the Presidents office. The call
is a go. He has all the information you and DJT need for an article and another October surprise."

CORSI emailed back to the'l'arget Account and S'I'ON.tr: "And I have everything in progress

for

a phone

call tomorrow with DJT. I'm working with Roger Stone to accomplish this

-

Roger

is copied above so he is up to date on status."

62.

using the Target Account, wrote to

On or about November 2,20\6,

STONE and CORSI: "The message from President Erdogan has been sent to you for DJT has

just been sent wrapped in an article about baseball as header. If there is a response please let me

know."

63.
emailed Stone.

, using the Target Account,

On or about November 13,2016,

wrote, o'Well, we did it and now have an opportunity of a lifetime to

take the country back. God is good and we are well placed to steer things well. You deserve a lot

of credit and working with you and Jeri Corsi, who is with me now in London has been a great

joy."

64.

emailed STONE, and

On or about January 7,2017 ,

(using the Target Account) with the subject line, "in case you need his

mail.

.

......." Attached to the message

hours later,

was a scan of a business card for John Podesta. Several

, using the Target Account, replied to all recipients, "Ha... maybe

he

wants to go phishing with us?"

65.

I know from my training and experience that the term'ophishing" is used to refer

to the practice of sending emails purporting to be from a reputable party in order to induce

I6

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 20 of 35

individuals to reveal personal information, including passwords. Public reports indicate that
Podesta's emails were obtaining through a "phishing" scheme.

E.

Use of the Target Account to Communicate

with Other Campaign

Officials

66.

According to documents produced by the Campaign (both voluntarily
has used the Target Account to correspond

)

with

individuals throughout the Campaign. For example, on or about October 23,2015,

,

using the Target Account, emailed
stated that

"[it] was so good talking to you earlier in the week

-

it has sustained me all week.

Thank you for your contribution to this campaign and to our great country. I look forward to

working with you on

67.

a host

of things."

, using the Target Account, emailed

On or about February 28,2016,

, with the subject line "Trump on Putin." The text of the
message read: "Pass this to Donald," and contained an article by CORSI about how Putin

"fear[ed] impact on his plans if Trump takes victory."

68.

On or about

April4, 20ì6,

to introduce an individual who was interested in working with the Trump Campaign.

69.

emailed the Target Account about a book

On or about }r/ray 25,2016,

he was "toying with the idea of

wrote back noting that, "Roger Stone is

writing."

getting me on the list to go to Cleveland [the site of the Republican National Convention]."

70.

, using the Target Account, emailed

On or about August 30, 106

Steve BANNON to report that he had been

writing ¿'op-eds" and strategy pieces, "laboring non

stop for the Trump campaign even though I am all the way over here in Oxford."
T7

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 21 of 35

wïote that he had been "in constant touch with the campaign, Roger Stone, and Jeri Corsi."
suggested a "clever idea

for . . . the first debate." In his idea, then-candidate Trump

would present then-candidate Clinton with a "Writ of Indictment," for "undeniable crimes
against America, destruction of evidence in the form of mails, and theft of funds to your own
personal benefit and enrichment."

71.

, using the Target Account, emailed

On or about October 25,2016,
regarding a piece

had written about how

BACKGROUND CONCERNING EMAIL

72.

In my training and experience, I have learned that the Providers provide avatiety

of on-line services, including electronic mail ("email") and search engines (in the case of Google
and Yahoo), to the

public. The Providers allow subscribers to obtain email accounts at the

domain names identified in the email addresses contained in Attachment

A.

Subscribers obtain

an account by registering with the Providers. During the registration process, the Providers ask

subscribers to provide basic personal information. Therefore, the computers of the Providers are

likely to contain stored electronic communications (including retrieved and unretrieved email)
for their subscribers and information concerning subscribers and their use of services, such as
account access information, email transaction information, and account application information.

In my training and experience, such information may constitute evidence of the crimes under
investigation because the information can be used to identify the account's user or users.

73.

In my training and experience, email providers generally ask their subscribers to

provide certain personal identif ing information when registering for an email account. Such

information can include the subscriber's full name, physical address, telephone numbers and
18

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 22 of 35

other identifiers, alternative email addresses, and, for paying subscribers, means and source

of

payment (including any credit or bank account number). In my training and experience, such
informatio

\

may constitute evidence of the crimes under investigation because the information

can be used to identify the account's user or users. Based on my training and my experience, I

know that, even if subscribers insert false information to conceal their identity, this information
often provides clues to their identit¡', location' or illicit activities'

74.

tn my training and experience, email providers typically retain certain

transactional information about the creation and use of each account on their systems. This

information can include the date on which the account was created, the length of service, records
of log-in (l.e., session) times and durations, the types of service utilized, the status of the account

(including whether the account is inactive or closed), the methods used to connect to the account
(such as logging into the account via the provider's website), and other log files that reflect usage

of the account. In addition, email providers often have records of the Internet Protocol address

("IP address") used to register the account and the IP addresses associated with particular logins
to the account. Because every device that connects to the Internet must use an IP address, IP
address information can help to identify which computers or other devices were used to access

the email account.

75.

In my training and experience, in some cases, email account users will

communÍcate directly with an email service provider about issues relating to the account, such as

technical problems, billing inquiries, or complaints from other users. Email providers typically
retain records about such communications, including records of contacts between the user and
the provider's support services, as well as records of any actions taken by the provider or user as
a

result of the communications. In my training and experience, such information may constitute

I9

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 23 of 35

evidence of the crimes under investigation because the information can be used to identify the

account's user or users.

76.

As explained herein, information stored in connection with an email account may

provide crucial evidence of the "who, what, wh¡t, when, where, and how" of the criminal conduct
under investigation, thus enabling the United States to establish and prove each element or
alternatively, to exclude the innocent from further suspicion. In my training and experience, the
infiormation stored in connection with an email account can indicate who has used or controlled
the account. This "user attribution" evidence is analogous to the search for "indicia

of

occupancy" while executing a search warrant at a residence. For example, email
communications, contacts lists, and images sent (and the data associated with the foregoing, such
as date and

time) may indicate who used or controlled the account at a relevant time. Further,

information maintained by the email provider can show how and when the account was accessed
or used. For example, as described below, email providers typically log the Internet Protocol

(IP) addresses from which users access the email account, along with the time and date of that
access. By determining the physical location associated with the logged IP addresses,
investigators can understand the chronological and geographic context of the email account
access and use relating to the crime under investigation. This geographic and timeline

information may tend to either inculpate or exculpate the account owner. Additionally,
information stored at the user's account may fuither indicate the geographic location of the
account user at a particular time (e.g.,location information integrated into an image or video sent

via email). Last, stored electronic datamay provide relevant insight into the email account
owner's state of mind as it relates to the offense under investigation. For example, information in
the email account may indicate the owner's motive and intent to commit acúme (e.g.,
20

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 24 of 35

communications relating to the crime), or consciousness of guilt (e.g., deleting communications
in an effort to conceal them fiom law enforcement).

77.

In my training and experience, information such as search history can help to

show the state of mind of an individual atthe time the search was made, as well as the

individuals potential advance knowledge of events, as they search to see if the anticipated event
has occurred.

INFORMATION TO BE SEARCHED AND THING TO BE SEIZED

78.

.

I anticipate executing this warrant under the Electronic Communications Privacy

Act, in particular 18 U.S.C. $$ 2703(a),2703(b)(l)(A) and 2703(c)(I)(A), by using the warrant
to require Google to disclose to the government copies of the records and other information

(including the content of communications) associated with the account in Attachment A and
particularly described in Section I of Attachment B. Upon receipt of the information described

in Section I of Attachments B, government-authorized persons will review that information to
locate the items described in Section II of Attachment B. The items identified in Attachments A

will also be screened by reviewers not on the prosecution team to identify

and filter out

privileged material.

CONCLUSION

79.

STONE instructed CORSI to "Get to Assange" at the Ecuadorian Embassy

regarding upcoming leaks. STONE then instructed CORSI to have

(the user of the

Target Account) talk to ASSANGE. CORSI subsequently emailed STONE that'oword is friend
in embassy IASSANGE] plans 2 morc dumps. One shortly after I'm back. 2nd in October.
Impact planned to be very damaging.... Time to let more than Podesta to be exposed as in bed w
enemy if they are not ready to drop HRC." Two releases, one from Guccifer and the other from
2T

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 25 of 35

Wikileaks, occuned at the times predicted by CORSI. CORSI later emailed STONE "talking
(using the Target Account), STONE, and

points" about Podesta. In January,

CORSI received an email from an individual regarding Podesta, and

wrote back,

using the Target Account, "Ha... maybe he wants to go phishing with us?"

I request that the Court issue the proposed search warant.

80.

Based on the forgoing,

81.

Pursuant to 18 U.S.C. $ 2703(g), the presence of a law enforcement officer is not

required for the service or execution of this warrant.

nnQunsr ron snÀuNi

82.

I further

request that the Court order that all papers in support of this application,

including the affidavit and search warrant, be sealed until further order of the Court. These
documents discuss an ongoing criminal investigation, the full nature and extent of which is not

known to all of the targets of the investigation. Accordingly, there is good cause to seal these
documents because their premature disclosure may seriously je opardízethat investigation.

Respectfully submitted,

E.

Special Agent
Federal Bureau of Investigation

Subscribed and sworn to before me

on tn¡, Íl1of

Decemb er,2017

The Honorable Beryl A. Howell
Chief United States District Judge

22

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 26 of 35

ATTACHMENT A
This warrant applies to information associated with the following Google account:

1.
that is stored at premises owned, maintained, controlled, or operated by Google, Inc., a business

with offices located at 1600 Amphitheatre Parkway, Mountain View, CA 94043'

23

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 27 of 35

ATTACHMENT B
Particular Things to be Seized
I.

Files and Accounts to be produced by the Provider:

To the extent that the information described in Attachment A is within the possession,
custody, or control of the Provider including any messages, records, files, logs, images, videos,
or information that have been deleted but are still available to the Provider or have been
preserved pursuant to a preservation request under 18 U.S.C. $ 2703(Ð, the Provider is required
to disclose the following information to the government for each account or identifier listed in
Attachment A:

a.

The contents of all e-mails, attachments and chat messages stored in the
account, including copies of e-mails sent to and from the account, draft e-mails, the
source and destination e-mails sent addresses associated with each e-mail, the date and
time at which each e-mail was sent, and the size and length of each e-mail;

b.

All existing printouts from original storage of all of the electronic

mail

described above in Section I.A. above;
c

All internet search

data including all queries and location data;

d.

All transactional information of all activity of the account described above
in Section I.A, including log files, dates, times, methods of connecting, ports, dial ups,
andlor locations;

e.

All records or other information stored by an individual using the account,

including address books, contact and buddy lists, calendar data, pictures, and files;

f.

All records or other information regarding the identification of the account
described above in Section I.A, to include application, full name, physical address,
telephone numbers and other identifiers, records of session times and durations, the date
on which the account was created, the length of service, the types of service utilized, the
IP address used to register the account, log-in IP addresses associated with session times
and dates, account status, alternative e-mail addresses provided during registration, all
screen names associated with subscribers and/or accounts, all account names associated
with the subscriber, methods of connecting, log files, means and source of payment
(including any credit or bank account number), and detailed billing records;

g.

All

records indicating the services available
electroniç mail address described above in Section I.A.;

24

to

subscribers

of

the

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 28 of 35

il.

Information to be Seized by Law Enforcement Personnel

a.

Any and all records that relate in any way to the account described in Attachment A
which consists of evidence, fruits, or instrumentalities of violations of l8 U.S.C. $ 1030
(fraud and related activities in connection with computers), 52 U.S.C. $ 30121 (foreign
contribution ban), 18 U.S.C. $ 371 (conspiracy to commit an offense against the United
States), and 18 U.S.C. g 2 (aiding and abetting) for the period from January 1,2015 to the
present, including:

a.

All records, information, documents or tangible materials that reiate in any
way to communications regarding hacking, release of hacked material, communications
with persons or entities associated with Wikileaks, including but not limited to Julian
Assange;

b.

All records, information, documents or tangible materials that relate in any
, Jerome Corsi, Roger
way to communications or meetings between
Stone, and individuals associate with Wikileaks or Turkey;

b.

All

images, messages? communications, calendar entries, search terms,
and contacts, includingaîy and all preparatory steps taken in fuitherance of the abovelisted offenses;

c.

Communication, information, documentation and records relating to who
created, used, or communicated with the account or identifier, including records about
their identities and whereabouts;

d.

Evidence of the times the account was used;

messages and communications regarding wiping software,
encryption or other methods to avoid detection by law enforcement;

e.

All images,

f.

Passwords and encryption keys, and other access information that may be
necessary to access the account and other associated accounts;

g.

Credit card and other financial information, including but not limited to,
bills and payment records evidencing ownership of the subject account;

h.

All existing printouts from original

storage which concern the categories

identified in subsection II.A; and

All "address books" or other lists of contacts.

25

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 29 of 35

IN THE LINITED STATES DISTRICT COURT
FOR THE DISTRICT OF' COI,I IMRIA

Case: 1.17-mj-0o982
Assigned To : Howell, BerylA.
Assign. Date : 1211912017
Description: Search and Seizure Warrant

IN THE MATTER OF THE SEARCH OF
TNFORMATION ASSOCI-ATED WITH

MOTION TO SEAL W ARRANT AND REI,ATEI)

IMtr,NTS AND
2705

The United States of America, moving by and through its undersigned counsel, respectfully
moves the Court for an Order placing the above-captioned warrant and the application and affidavit

in support thereof (collectively herein the "Warrant") under seal, and precluding the provider from

notiffing any person of the Warrant pursuant to 18 U.S.C.

$

2705(b). In regard to the non-

disclosure, the proposed Order would direct Google, an electronic communication and/or remote

computing services provider headquartered in Mountain View, California not to notify any other
person (except attorneys for Google for the purpose of receiving legal advice) of the existence or
content of the Warrant for a period of one year or until further ãrder of the Court.

JURISDICTION AND LEGAL BACKGROUND

l.

The Court has the inherent power

to seal court fìlings when appropriate,

including the Warrant. lJnited States v. Hubbard,650 F.2d 293,

31 5-

l6 (D.C. Cir.

1980) (citing

Nixonv. llarner Communications, 1nc.,435 U.S. 589, 598 (1978)). The Court may also

seal the

Warrant to prevent serious jeopardy to an ongoing criminal investigation when, as in the present
case, such jeopardy creates a compelling governmental interest in preserving the confidentiality

the Warranf . See lI/ashington Post v. Robinson, 935

2.

F

of

.2d 282,287 -89 (D.C. Cir. 1991).

In addition, this Court has jurisdiction to issue the requested order because it is'oa

court of competent jurisdiction" as defined by 18 U.S.C. ç 2711. Specifically, the Court is a
"district court of the United States . . . that

- has jurisdiction over the offense

being investigated."

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 30 of 35

l8'U.S.C. ç2711(3XAXi). As discussed fully below, acts or omissions in furtherance of the
offense under investigation occurred within Washington, D.C. See 18 U.S.C. ç 3237.

3.
U.S.C.

$

Further, the Court has authority to require non-disclosure of the Warrant under

2705(b). Google provides an "electronic communications service,"

as defined

l8

in l8

U.S.C. $ 2510(15), and/or "remote computing service," as defined in 18 U.S.C.ç 271l(2). The
Stored Communications Act ("SCA"), 18 U.S.C. çç2701-2712, governs how Google may be
compelled to supply communications and other records using a subpoena, court order, or search

warrant. Specifically, Section 2703(c)(2) authorizes the Government to obtain certain

basic

"subscriber information" using a subpoena, Section 2703(d) allows the Government to obtain other

"non-content" information using

a court order, and Section 2703(a)-(bXlXA) allows

the

Government to obtain contents of communications using a search warrant. See 18 U.S.C. 5 2703.

4.

The SCA does not set forth any obligation for providers to notify subscribers about

subpoenas, court orders, or search warrants under Section 2703. However, many have voluntarily
adopted policies of notifying subscribers about such legal requests. Accordingly, when necessary,

Section 2705(b) of the SCA enables the Government to obtain a court order to preclude such

notification. In relevant part, Section 2705(b) provides as follows:l

A governmental
(b) Preclusion of notice to subject of governmental access.
commanding
for
an
order
a
court
may
apply
to
2703
..
.
entity acting under section
a provider of electronic communications service or remote computing service to
whom a warrant, subpoena, or court order is directed, for such period as the court
deems appropriate, not to noti$ any other person of the existence of the warrant,
subpoena, or couft order. The court shall enter such an order if it determines that
there is reason to believe that notification of the existence of the warrant, subpoena,
or court order will result
(1) endangering the life or physical safety of an individual;
(2) flight from prosecution;

in-

I Section 2705(b) contains additional requirements for legal process obtained pursuant to 18 U.S.C.
process
$ 2703(bX I )(B), but the Government does not seek to use the proposed Order for any legal

under that provision.
2

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 31 of 35

(3) destruction of or tampering with evidence;
(4) intimidation of potential witnesses; or
(5) otherwise seriously jeopardizing an investigation or unduly delaying atrial
18 U.S.C. $

2705(b). The United States District Court for the District of Columbia has made clear

that a nondisclosure order under Section 2705(b) must be issued once the Government makes the
requisite showing about potential consequences of notification:
The explicit terms of section 2705(b) make clear that if a courts [slc] fìnds that there
is reason to believe that notifying the customer or subscriber of the court order or
subpoena may lead to one of the deleterious outcomes listed under $ 2705(b), the

court must enter an order commanding a service provider to delay notice to a
customer for a period of time that the court determines is appropriate. Once the
government makes the required showing under $ 2705(b), the court is required to
issue the non-disclosure order.

In re Applicationfor Order of Nondisclosure Pursuant to I8
Subpoena #GJ2014031422765,41 F. Supp. 3d

5.

U.S.C. S 2705(b)

for

Grand Jury

l, 5 (D.D.C. 2014).

Accordingly, this motion to seal sets forth facts showing reasonable grounds to

command Google not to notify any other person (except attorneys for Google for the purpose

of

receiving legal advice) of the existence of the Subpoena for a period of one year or until further
order of the Couft.

FACTS SUPPORTING SEALING AND NON-DISCLOSURE

6.

At the present time, law

enforcement officers

of the FBI are conducting

an

investigation into violations related to 1S U.S.C. $ 1030 (fraud and related activities in connection

with computers), 52 U.S.C. $ 30121 (foreign contribution ban), l8 U.S.C. $ 371 (conspiracy to
commit an offense against the United States), and 18 U.S.C. $ 2 (aiding and abetting), arising out
, and others. The investigation in ongoing, and

of the conduct of Roger Stone,

individuals associated with these offenses are not aware of the investigation. If they are made
awaro of the existence and contents of this search warrant, they may seek to delete additional
information contained in online platforms or otherwise destroy records related to the investigation.
3

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 32 of 35

REOUEST FOR SEALING AND NON-DISCLOSURE
7

.

In this matter, the government requests that the Warrant be sealed until further order

of the Court and that Google and its employees be directed not to notify any other person of the
existence or content of the Warrant (except attorneys for Google for the purpose of receiving legal

advice) for a period of one year or until further order of the Court. Such an order is appropriate
because the Warrant relates to an ongoing criminal investigation, the

full scope of which

is neither

public nor known to the targets of the investigation, and its disclosure may aleft these targets to
the ongoing investigation and its scope. Once alerted to this investigation, potentialtargets would

be immediately prompted to destroy or conceal incriminating evidence, alter their operational
tactics to avoid future detection, and otherwise take steps to undermine the investigation and avoid

future prosecution. In particular, given that they are known to use electronic communication and
remote computing services, the potentia

I targetcould quickly

and easily destroy or encrypt digital

evidence relating to their criminal activity.

8.

Given the complex and sensitive nature of the criminal activity under investigation,

and also given that the criminal scheme may be ongoing, the Government anticipates that this

confidential investigation

will

continue

for the next year or longer. However,

should

circumstances change such that court-ordered nondisclosure under Section 2705(b) becomes no

longer needed, the Government will notif, the Court and seek appropriate relief.

9.

There is, therefore, reason to believe that notification of the existence of the

Warrant will seriously jeopardize the investigation, including by giving the targets an opportunity
to flee from prosecution, destroy or tamper with evidence, and intimidate witnesses.

,See

l8 U.S.C.

$ 2705(bX2)-(5). Because of such potential jeopardy to the investigation, there also exists

4

a

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 33 of 35

compelling governmental interest in confidentiality to justify the government's sealing request.
See

Robinson, 935 F.2d at 287 -8g.

10.

Based on prior dealings with Google the United States is aware that, absent a court

order under Section 2705(b) commanding Google not to notify anyone about a legal request, it is

Google's policy and practice, upon receipt of a warrant seeking the contents of electronically
stored wire or electronic communications for a certain account, to notify the subscriber or customer

of the existence of the warrant prior to producing the material sought.

WHEREFORE, for all the foregoing reasons, the government respectfully requests that the
above-captioned warrant, the application and affidavit in support thereof, and all attachments
thereto and other related materials be placed under seal, and fufthermore, that the Court command

Google not to notify any other person of the existence or contents of the above-captioned warrant
(except attorneys for Google for the purpose of receiving legal advice) for a period of one year or

until further order of the Court.
Respectfully subm itted,

ROBERT S. MUELLER, III
Special Counsel

Dated:

lzlltt¿r,l?

By:
Aaron S.J.
The Spec
(202)-s

5

's Office
37

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 34 of 35

FTI.EÞ
DEC

I g 20r

COURT ctsrk, u,s. Disrricr & Bankrunrcv
IMRTA {;ourté
for ttreÐistrietof Cotirünlia:

IN THE trNtrED STATES DISTRICT
FOR THE DISTRICT oF COt.I

Case: 1 .17 -mj-A0982
Assigned To : Howell, BerylA.
Assign. Date : 1211912017
Description: Search and Seizure Warrani

IN THE MATTER OF THE SEARCH OF
INFORMATION ASSOCIATED WITH

ORDER

The United States has filed a motion to seal the above-captioned warrant and related
documents, including the application arrd affidavit in support thereof (collectively the "Warrant"),

and

to

require Google, an electronic communication and/or remote computing service

headquartered

s

at 1600 Amphitheatre Parkway, Mountain View, California not to disclose the

existence or contents of the Warrant pursuant

to l8 U.S.C.

$ 2705(b)'

The Court finds that the United States has established that a compelling governmental
interest exists

tojustiS the requested

sealing, and that there is reason to believe that notification

of the existence of the Warrant will seriously jeopardize the investigation, including by giving the
targets an opportunity to flee from prosecution, destroy or tamper with evidence, and intimidate

witnesses. See t8 U.S.C..$ 2705(bX2)-(5).

IT IS TIIEREFORE ORDERED that the motion is hereby GRANTED,

and that the

warrant, the application and affidavit in support thereof, all attachments thereto and other related
materials, the instant motion to seal, and this Order be SEALED until further order of the Court;
and

 Case 1:19-mc-00029-CRC Document 29-5 Filed 04/28/20 Page 35 of 35

IT IS FURTHER ORDERED

that, pursuant

to l8 U.S.C. $ 2705(b), Google and its
the Warrant to any ôtliei' þilrion' (eiðêþt

or

attorneys for Google for the purpose of receiving legal advice) for a period of one year or until

further order of the Court.

LE BERYL A. HOWELL
THE HON
CHIEF UNITED STATES DISTRICT JUDGE

J /f

talf

2