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by ceejayoz 30 days ago
> they left out information

Yes, we call that lying by omission.

They knew that information would result in the warrant not being granted, so they left it out.

2 comments

The affidavit did not support the post was a threat.[1] This was why FIRE said the information left out should not have mattered. Any reasonable competent person would have denied the warrant. But the information left out could have overcome incompetence possibly. This was why FIRE said it was important.

A reasonable system would have required the investigator attached an unedited full screen image which included the post. And the magistrate attempted to view the post if possible to counter deceit. And required the magistrate had legal education.

[1] https://www.fire.org/research-learn/complaint-bushart-v-perr...

I doubt that. The magistrate judge already granted an unconstitutional warrant, why assume the result would be different with more info?
As you are well aware, they kept important facts from the magistrate judge to obtain said warrant.