Procedurally, the FBI would ask an Assistant U.S. Attorney to apply to court to get a warrant. But if the DOJ will not, they could stymie a warrant, theoretically. However, Weiner has apparently already given permission to authorities to access the shared laptop, which since he is a co-owner would make it proper. Sounds like they are just trying to make sure they have no question at all raised.
Via Daily Caller:
The Justice Department has yet to allow the FBI access through a warrant to any of the newly discovered Huma Abedin emails, Yahoo News reported Saturday night. But that may not mean other law enforcement agencies in communication with the FBI did not have access to the new material.
“We do not have a warrant,” a senior law enforcement official said. “Discussions are under way [between the FBI and the Justice Department] as to the best way to move forward.”
The Clinton campaign responded to the news with campaign spokesman Brian Fallon tweeting, “In other words: Comey officially does not know what he is talking about.”
However, according to the letter FBI Director James Comey sent to lawmakers regarding the second look into the formerly-closed investigation of Hillary Clinton’s private email server, Comey stated: