Friday, April 27, 2018

Comey, Mueller and the poisonous tree

In the latest Harvard Caps-Harris Poll., nearly 70 percent say that special counsel Robert Mueller and deputy attorney general Rod Rosenstein should not be fired.

The more we learn about how these massive investigations were started, the more they look so corrupted that this entire investigation now could now qualify as the fruits of a poisonous tree, a doctrine first adopted by Supreme Court Justice Felix Frankfurter as the only way to prevent government agents from abusing the rights of citizens and benefitting from those actions.

Mueller team members and FBI officials Lisa Page and Peter Strzok operated with such open hatred for Trump that they were removed from the investigation after managing key parts of it.

The Mueller investigation then operated without any independent supervision from outside the agency, review by any elected officials or contemporaneous judicial review.

The FBI's stonewalling of the document starting the Russia investigation engenders similar suspicions, especially since House Intelligence Committee Chairman Devin Nunes, who has seen it, has reported it has no intelligence from official channels.

The best way to end all this is not to fire Mueller and Rosenstein or wait for them to wrap it up but to challenge this entire process in court as irretrievably tainted.

If Mueller does not agree to end the investigation in exchange for presidential interrogatories, then it may be time to try to block the whole thing in court, with full discovery into whether its foundation was so corrupted - and the stonewalling actions so blatant - that the doctrine of the fruits of a poisonous tree can be invoked to stop this national distraction.

http://thehill.com/opinion/judiciary/384963-comey-mueller-and-the-poisonous-tree

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