They setting the bar really low for Septic lawyers nowadays?
It took all of a minute to think up these counters, and I bet the prosecution will do better when the judge stops laughing!
"He’s saying this particular email was not private or personal because of who she is and because it wasn’t intimate communication." Not so. He had access to all her emails, not all were goverment related, in fact the idiot found precious little to even suggest Palin was using the account improperly (and yet the moron still posted his "findings" in an easily traceable manner - what a maroon!). Since he didn't know which emails were government related, he had to read them all. She sent her personal emails expecting them to be private, otherwise why would she address them to only certain senders, and why would she have a password on her account. He had to read through her private emails to find anything, therefore he read stuff she had a proper expectation of privacy, and he must have known they were private, regardless of whether other emails happened to have any government related content.
""He’s also saying that what was in the e-mails would ultimately have been revealed [under litigation], therefore she had no expectation of privacy in it,...." Irrelevant. When she sent them, she did not expect them to be read by anyone other than the person she addressed them to, and she did not send them expecting them to be later used in litigation. Therefore saying they are now being used in litigation is after the fact. Also, the hacker did not intend them to be used in this particular litigation (his own trial), but in litigation against Palin. It also does not cover the non-government related emails the idiot read, to which she will have expected full privacy.
"Photos that Kernell allegedly obtained after hacking into Palin's email account aren't private either, because the former Republican vice-president candidate and her family were participants in innumerable photo-ops, defence lawyers further argued." Junk! The public photos and the private ones are different incidents. Therefore different expectations of privacy apply. These photos were not in the public domain until the "hacker" made false claims and gained illegal access to them, then knowingly posted them when he must have known the real owner would not want them distributed.
If this is the best the defence lawyer can do the Palin team will just send a junior to court!