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5/24/24
During cross-examination, Jackson grilled Higgins on his whereabouts and phone records in the hours and days after O’Keefe died. Higgins confirmed that on Jan. 30, 2022, he sought advice about phone data extraction from his best friend, a fellow ATF agent who works in the FBI’s regional computer forensics lab.
“I asked him how I could pull text strings off my cellular telephone for the purpose of providing them to law enforcement,” Higgins testified, later acknowledging that he could have also turned the entire device over to police.
He confirmed that he visited the forensics lab and used a “kiosk” in an unrestricted area to pull information from his phone. Jackson pressed Higgins on whether he was aware that federal regulations bar the use of one’s public office for private gain. Higgins said he wasn’t aware. He also testified that he no longer has the same phone he did in 2022.
“You’ve destroyed that phone, haven’t you?” Jackson asked.
“No, I threw the phone away,” Higgins said.
“Well, that’s destroying the phone, isn’t it?” Jackson countered.
“I had every right to do that,” Higgins maintained.
He said to the best of his recollection, “When I threw it away, if I was going to take [the SIM card] out, I would break it or cut it. But I did not wipe the phone. I did not take anything else off it. But if I was going to throw the phone away, that’s what I would’ve done.”
Karen Read trial: Defense grills Brian Higgins on the fate of his cellphone, SIM card
What happened to the text strings that he ‘wanted’ to provide for LE? As if a police officer isn’t going to wipe their phone and remove the SIM.
Last paragraph: “when I threw it away”
Last sentence: “but ‘if’ I was going to throw the phone away”
Am I missing something? If or when? Did he or didn’t he? I’m having a “false memory” about this.