Posted on 04/13/2018 12:35:15 PM PDT by Maceman
Trump is the President, but he didn't give up his constitutional rights when he assumed office.
The recent raid on Cohen's office captured files, records and recordings that predated Trump's Presidency, and his campaign.
So couldn't Trump, invoking his rights as a citizen, judge shop (as Democrats always do), and sue the FBI for violating his 4th Amendments rights, as well his statutory rights regarding attorney client privilege?
And couldn't he sue the Special Counsel's office, and Mueller personally -- for yuge damages? Imagine tying up Mueller personally with serious legal fees.
I know this sounds implausible, and I'm sure I'm missing something -- but these are extraordinary times, and extraordinary times call for extraordinary measures.
P.S. I'm not a lawyer, but I have earned my stripes as the pro se defendant from Hell in a multi-million dollar lawsuit, which I finally settled for only $1,200.00 (TWELVE HUNDRED DOLLARS) after two years of shaking up a large law firm with a very creative and aggressive defense.
So if you think this post makes me sound like an idiot, please at least be kind.
I imagine this will never see the inside of a courtroom because Trump would indeed have enough issues to raise to keep the appeals going for ten or twelve years.
This was done to steal damaging info that could be leaked to the press, and to gin-up a future impeachment attempt.
I doubt it. “Sovereign immunity” shields the government & officials from torts ordinary people could face.
“I doubt it. “Sovereign immunity” shields the government & officials from torts ordinary people could face.”
And I seriously doubt what your are saying being true where criminal acts are involved. It would be unseemly to say the least for government officials to get away with murder by reason of their government office. We are not talking about fixing parking tickets here.
Not every communication between Trump and Cohen falls under attorney-client privilege. And the 4th Amendment doesn’t apply because the FBI had a valid warrant issued by a judge allowing the search.
Anybody can sue anybody else for anything.
Winning and collecting are two different matters.................
The 4th Amendment does not allow for fishing expeditions.
The question is how specific the warrant was, and what (if anything) was seized that might not have been called out in the warrant.
18 U.S. Code § 242 - Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Well, if he can’t, then the gloves are off and there is no such thing as confidentiality of NDAs or attorney-client privilege - so let the raids on the attorneys for Common Cause, LaMencha, LaRaza, MoveOn, Change, Hillary!, etc etc etc, commence!
The Dems wanted the wild west, they just bought it.
You raise a good point, but there is TITLE 18, U.S.C., SECTION 242 which reads:
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Where does it say that?
The question is how specific the warrant was, and what (if anything) was seized that might not have been called out in the warrant.
Not having seen it I can't say. But the FBI agents aren't dumb. They no doubt followed the guidelines of the warrant because they know what happens to the evidence if they don't.
Prosecutors have immunity from civil suits.
Only because we allow it, there is no such immunity in the Constitution for Fraud and Law Breaking for public officials, only for “Official Acts”, Lying and Fraud are not covered, or they shouldn’t be at least.
This is all fruit from the poisonous tree anyway, it All started with the Fake Dossier produced by Hillary and Comey.
Only because the Supreme Court ruled that they have absolute immunity, in Imbler v. Pachtman. The Court said, "Although such immunity leaves the genuinely wronged criminal defendant without civil redress against a prosecutor whose malicious or dishonest action deprives him of liberty, the alternative of qualifying a prosecutor's immunity would disserve the broader public interest in that it would prevent the vigorous and fearless performance of the prosecutor's duty that is essential to the proper functioning of the criminal justice system."
Every client Cohen has should file a lawsuit against Rosenstien for civil rights violation. Rights violations under color of law could expose him to to large damage awards.
And Congress is Their Daddy and can reverse it and bar the Entire Federal Judiciary from EVER hearing any case on any subject they want. They can also bar the supreme Court from hearing any appellate case they so desire.
Unfortunately the majority of those in congress are quisling bastards, and are only there for power, money, and to satisfy their lust to have direct control over their fellow man..
Article 3, section 2
the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
They can bar federal courts from hearing civil rights cases against prosecutors-- but how will that help Mueller's victims?
They can also bar the supreme Court from hearing any appellate case they so desire.
Which will prevent the Supreme Court from ever overruling Imbler v. Pachtman, and leave it as binding precedent for all lower courts forever.
Can he, yes but I doubt it would be successful. Since a warrant was issued, he would have to show that 1) he was harmed and 2) the facts asserted to obtain the warrant were either:
- illegally obtained
- intentionally misleading
Further, that would require him to go after those that asserted the facts to obtain the warrant. To include the DOJ or other agency, there would be a need to show cause for their participation in obtaining the warrant.
Not saying impossible, just that the burden of proof is against him.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.