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Legal Tech: E-Discovery Lessons from the Presidential Impeachment Proceedings

By Joshua Hummel and Paul Fling
February 01, 2020

E-discovery has never been more prevalent and publicly visible than it is today. Potential jurors, who already use much of the same technology as litigants and commonly carry around cellphones with access to data in many forms and locations, are seeing electronic communications and documents used regularly as evidence in public matters almost every day.

Whether we realize it or not, e-discovery has found a central place in the news during the Trump campaign and presidency, and in particular, during the impeachment proceedings.

From early on in his campaign, President Donald Trump made electronic evidence a focal point in relation to his opponent, Hillary Clinton. During one of his 2016 campaign rallies, Trump famously exclaimed, "Russia, if you're listening, I hope you're able to find the 30,000 emails that are missing." Countless voters debated the importance of, and may have even ultimately based their vote on, what was contained in certain emails, how and where they were stored and even if they were deleted in bad faith.

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