Fruit of a poisonous tree

The Mueller Investigation Is the Fruit of a Poisonous Tree—There Must Be Pardons. Augustus P. Howard – “baseless allegations should never have been used in pursuit of FISA warrants to spy on American citizens.

“There is an important reason why courts do not admit evidence that stems from corrupt law enforcement or prosecutorial activity—evidence known in law as “the fruit of the poisonous tree.” If corrupt governmental activities lead to convictions, and the threat of such convictions is used to trample upon the rights of free citizens, then those citizens will not, in fact, be free. They will not be citizens at all, in the proper sense of the term. They will, instead, become subjects of tyranny, victims of a government which can work its will without regard to the due process protections provided both by the Constitution and the customs of our law.

These protections are the guarantors of our freedom, and central among them is the bedrock principle in the Constitution’s Fourth Amendment that “no warrants shall issue, but upon probable cause.” Criminal inquiries should never be rooted in insinuation and gossip, much less politically motivated malice.

The Democrats are worried. They should be. Anna L. Stark – “Failed media munitions aside, the rise of liberal rhetoric is at near deafening decibels, and for good reason.

“The cascade of real bombshells is increasing exponentially, but don’t expect the liberal media to report on it. Instead, they simply parrot the Democrat talking-points hysteria. And while Democrats continue to howl, rant, and rave for the cameras, they really ought to pay more attention to the field of land mines they’re walking across. It may not end the way they think.

Even CNN ‘fact checked’ Pelosi on her claim that Barr committed a crime …

Checkmate. Will Chamberlain – “How President Trump’s legal team outfoxed Mueller.” Presuming conspiracy is probably not a good idea when more simple explanations are available (e.g. long term acquaintance) and the topic is a matter of nuance and interpretation. The key here is about “acts that would impair the integrity or availability of evidence in an official proceeding” when such impairment is not demonstrated. Mueller’s ‘straw man’ is the conflation of word and deed.

“Reading Barr’s June 2018 memo alongside the last twenty pages of the Mueller Report is a curious experience.

Together, they read like dueling legal briefs on the meaning of 18 U.S.C. § 1512(c)(2); the type of material one would expect to see from adversarial appellate litigators.

Trump: McGahn’s done testifying, and enough is enough. Ed Morrissey – Trump makes it clear that he will invoke executive privilege to prevent it. “They’ve testified for many hours” already, Trump explained, and Congress “shouldn’t be looking any more” This is where Mueller’s thesis leads: continuous and ongoing prosecutorial harassment where anything is suspect and can be used to rationalize another round of investigation, perjury traps, and other injustice.