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Judge's order exposes FBI sloppiness, excessive evidence collection at Trump home...Court also acknowledges Joe Biden helped initiate criminal probe of his chief Republican rival, alarming many.
Just The News ^ | By John Solomon Updated: September 6, 2022 - 11:03pm

Posted on 09/07/2022 6:02:14 AM PDT by Red Badger

A criminal probe "requested by the incumbent president." The seizure of clothing, medical records, tax records and 500 pages of attorney-client privileged documents not covered by a warrant. The sharing of privileged documents with investigators.

More than simply appointing a special master to referee an evidence dispute, U.S. District Judge Aileen Cannon exposed this week a Justice Department search of former President Donald Trump's home that was initiated by his chief Democrat rival, that was carried out so sloppily that it violated the "least intrusive" mandate in the FBI agent's manual, and that failed to keep legally-protected materials from falling into the hands of investigators.

The problems uncovered so far placed Trump "at risk of suffering injury from the Government's retention and potential use of privileged materials," Cannon wrote, adding that a future indictment of the ex-president based on the Aug. 8 search of Mar-a-Lago "would result in reputational harm of a decidedly different order of magnitude."

PDF File LINK AT SITE.......

SpecialMasterOrder.pdf

In other words, Cannon was not convinced by the Justice Department's argument that its honor system — known as "filter" or "taint" teams — was adequate to protect the 45th president's constitutional rights. "The Court takes a different view on this record," she wrote.

Cannon's Labor Day ruling is simply an opening salvo. Whether Trump's claims of executive privilege, attorney-client privilege or an unconstitutional, overly broad search prevail will be decided some time in the future.

But one thing is clear. The FBI and its overseers at the Biden Justice Department bumbled on what was certain to be one of the most scrutinized search warrant executions in modern American history. And that's according to one of the bureau's own former and highly respected executives.

"The more that's revealed, the more it looks like a kind of sloppy government overreach is in play," former Assistant FBI Director of Intelligence Kevin Brock told Just the News. "It seems more than a bit 'loose' to those of us who have executed numerous search warrants."

Jonathan Turley, a George Washington University law professor and avowed Democrat, said the judge's ruling cited the sort of FBI failures that in the past would have enraged liberals who have gone silent about such concerns in the Trump era.

"Many faculty on the left continue the curious objections to a court seeking review of the FBI or not accepting its overbroad claims of authority," Turley wrote Tuesday. "It is a bizarre shift that we have seen in other Trump investigations where liberals suddenly express shock that a court would override sweeping national security claims or seek to review the Justice Department's review of material for privilege.

Turley noted that there "appears to have been mistakes by the taint team and that privileged material (as well as an assortment of private material from medical records to tax records) were seized."

To appreciate the concerns of experts like Brock and Turley, one need only scan the Domestic Investigations and Operations Guide, or DIOG, the documents most FBI agents regard as their on-the-job bible.

The investigative manual requires FBI agents to use the "least intrusive" means of gathering evidence, especially when it comes to "sensitive investigative matters" like a probe of a former president where privileges and First Amendment are front and center.

That means framing a search in the narrowest possible terms to avoid communications protected by the Fourth Amendment of the Constitution. "Rigorous obedience to constitutional principles ensures that individually and institutionally our adherence to constitutional guarantees is more important than the outcome of any single interview, search for evidence, or investigation," the manual states.

PDF File LINK AT SITE.......

FBI Domestic Investigations and Operations Guide -DIOG- 2013 Version Part 01 of 01.pdf But Cannon's ruling exposed significant failures of the FBI agents at Mar-a-Lago to adhere to strict rules governing collection of evidence. For instance, more than 500 pages of documents protected by attorney-client privilege were collected, along with personal medical and tax records and even an article of clothing.

Such overcollection, Brock told the "Just the News, Not Noise" television show, is completely uncharacteristic for FBI agents who are trained to avoid such mistakes, suggesting the former president got worse treatment than a drug dealer or gang member,

"I don't care if it was a drug trafficker, or a child exploiter, or whatever, you go into a home, you set up a system where those things that you seize are assiduously documented," said Brock, who oversaw numerous search warrants in his three decade FBI career. "They're given a specific tracking number, barcodes, if you will, and each piece is gone through meticulously before you leave the premises to make sure that it's within the scope of the document."

The fact that did not happen raises the danger that the judge may eventually throw out the entire search, both because it was overly broad to begin with and then overcollected evidence outside the scope authorized by the magistrate, Brock said.

"If I'm a prosecutor, I am concerned going forward that this search warrant could be suppressed for those types of reasons, and they would lose access to anything that was collected throughout the search as a fruit of the poisonous tree," he said.

The judge also revealed that the DOJ's taint or filter teams failed to keep two pieces of protected, privileged documents from reaching frontline investigators. And even after the mistake was discovered, no efforts were made to wall off the evidence, she added.

"Perhaps most concerning, the Filter Review Team's Report does not indicate that any steps were taken after these instances of exposure to wall off the two tainted members of the Investigation Team," she wrote.

Cannon also acknowledged one other fact, citing government documents she saw, that troubled experts across the board: The criminal probe began with the National Archives "providing the FBI access to the records in question, as requested by the incumbent President." In other words, as Just the News reported last week, Biden gave an instruction that was the ignition for a criminal probe of his rival.

Rep. Austin Scott (R-Ga.) said the judge's revelation about Biden smacks of hypocrisy for Democrats after all their efforts to suggest Trump meddled with DOJ or Ukraine investigations when he was president. And, he added, it raises questions about Biden's denials of any involvement in the probe.

"All of the things that they accuse President Trump of doing, they're actually doing," Scott told "Just the News, Not Noise." "I mean, the hypocrisy of it just knows no bounds. … If the judge is saying this stuff, then Biden has obviously been lying. That's the bottom line."

Brock said the judge's acknowledgment of Biden's role in prompting the start of the FBI probe will only add to public concern.

"That's a major escalation, obviously," he said. "It jumped out to me as well. It said at the request of the incumbent president. Now, that's not going to calm anybody's concerns that there weren't political motivations lurking behind all of these actions."


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; Politics/Elections
KEYWORDS: 202208; 20220804; 20220808; aileencannon; attnyclientprivilege; biden; bidenscandals; fbi; fbiraid; joebiden; maralago; overcollection; pantyraid; taintteams
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To: Red Badger

——posthumous execution,——

I have only a smattering knowledge of the Cromwell rule and did not know that his body was removed from the grave to be executed properly.

Now, that is legal thoroughness


41 posted on 09/07/2022 7:04:17 AM PDT by bert ( (KWE. NP. N.C. +12) Juneteenth is inequality day)
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To: bert

Cromwell was a lot like Trump...................


42 posted on 09/07/2022 7:05:38 AM PDT by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: Red Badger

I see the FBI or DOJ leaked what they claim are nuclear secrets to the Washington Post. Thought the judge said that must stop.


43 posted on 09/07/2022 7:09:57 AM PDT by mware
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To: AbolishCSEU

Thomas Cromwell got it worse. Think it took 5 chops to finish him off.


44 posted on 09/07/2022 7:12:19 AM PDT by mware
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To: Red Badger
John, you're a highly respected journalist in the true definition of journalists. Sooner or later you're going to have to say what everybody knows.

They weren't being sloppy, they were rummaging for something specific. They were looking for the Russiagate files. AKA evidence of treason. They, including Biden, know Trump is holding those files (AKA evidence) until the right time.

Biden sent them to retrieve, then destroy the files because he and too many others are named in those seemingly innocent sounding "Russiagate" files.

"Russiagate" or any other catch phrase the Aussies at Fox want to call it, is treason by any other name.

Don't be surprised if Fox isn't also complicit in the act.

45 posted on 09/07/2022 7:22:47 AM PDT by lewislynn (Trump accomplished more in one term than any other President in your lifetime.)
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To: LS

Agreed. This last b9ner by them with the raid is really backfiring big time. Even some dems didn’t like it apparently.


46 posted on 09/07/2022 7:33:31 AM PDT by Bob434 (question)
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To: SmokingJoe

No, I agree. They will attempt, but it jusy increases his popularity and is “good advertisement” for him lol. I think independents are turning from the left to a degree because the left have gone tol far in their nastiness.


47 posted on 09/07/2022 7:35:16 AM PDT by Bob434 (question)
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To: Red Badger

That wasn’t a raid it was a home invasion looting ensued.


48 posted on 09/07/2022 7:38:51 AM PDT by Vaduz ( )
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To: Red Badger

Trump went thru an impeachment for a phone call, but Biden gets a pass for ordering the FBI to raid Trump’s home. No bigger example of a double standard of justice than that. The FBI also ransacked Baron Trump’s bedroom and leaves Hunter alone.


49 posted on 09/07/2022 7:41:39 AM PDT by euram
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To: Red Badger
In other words, Cannon was not convinced by the Justice Department's argument that its honor system — known as "filter" or "taint" teams — was adequate to protect the 45th president's constitutional rights. "The Court takes a different view on this record," she wrote.

An honor system is based on trust.

I don’t trust a single mofo in government. You didn’t build anything. You didn’t protect our rights. But you did enrich yourselves from tax dollars earned from the labors of hardworking Americans.

Here’s the New Deal for Government:

1.) No one shall work in government without first working in the private sector for ten years. This qualification proves you know how to work and have a modicum of intelligence.
2.) No one shall work in government for more than twelve years during their lifetime. This is inclusive of service in local state, federal and tribal government. This provision makes it difficult for an administrative state from becoming established and insured that government employment shall never be a career.
3.) No one shall be employed by government while another direct family member is concurrently employed by government. This ensures that there is no nepotism, either direct or indirect.
4.) No one shall be employed by a government contractor, lobbyist firm, or nongovernmental organization, or other organization that receives tax dollars or grants, including education institutions for a period of five years prior or after employment with government. This stops the tentacles of an administrative state from establishing itself externally to government.
5.) Public service unions shall be illegal. This provision stops tax dollars which are paid to government employees to be used to advocate against the tax payers.
6.) All employment in government shall be “at will”. This allows any government employee to be fired.
7.) Civil Service and Executive Service shall be abolished. These are failed constructs that lead to an administrative state. Current government employee pay schedules shall be abolished. Government employee salaries shall be determined by Congress and shall not exceed the average public sector equivalents when available. This aligns government pay with the private sector.
8.) All government employees are prohibited to receive any gifts from businesses, NGOs, lobbying firms, or government contractors during government employment and for a period of five years prior and after government employment. This stops undue influence of government employees.
9.) All laws shall that apply to citizens shall apply to all government employees and government organizations. This ensures that there is equal application of laws.
10.) There shall be no pension or government sponsored retirement plans. This stops government employees from enriching themselves. Government employees may have Individual Retirement Accounts that comply with the next provision.
11.) Government employee investments shall be limited to broad based “funds” that are consist solely of American based public businesses. Government employees shall be prohibited from purchasing and holding individual stocks, commodities, futures, options, currencies, any derivative, bonds and treasuries during government service and for a period of one year after government service and must be sold prior to government service. This provision stops unequal treatment of businesses by government employees and government policies while stopping government employees enriching themselves.
12.) All government employees that work with in a failed government program shall be immediately terminated upon receipt of a non-compliant annual program review to Congress. This provision requires that all government programs and organizations must be formed with a schedule of measurable goals and objectives for all government programs and organizations to be attached to legislation that establish government programs and organizations created and specified solely by Congress. This provision stops failed government programs from persisting and limits the impact of fruitless employment of government employees. In short, it a protection for government employees and tax payers alike.

The consequences of the provisions probably create a shortage of government employees and restricts the growth of government. Tough schiff.

This is my morning thought and writing exercise. I’m sure there is room for improvement.

50 posted on 09/07/2022 7:49:16 AM PDT by ConservativeInPA ( Scratch a leftist and you'll find a fascist )
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To: ConservativeInPA
4.) No one shall be employed by a government contractor, lobbyist firm, or nongovernmental organization, or other organization that receives tax dollars or grants, including education institutions for a period of five years prior or after employment with government. This stops the tentacles of an administrative state from establishing itself externally to government.

I believe there already is a similar worded law on the books that is ignored, or has loopholes so big you could drive a Abrams tank thru it...................

51 posted on 09/07/2022 7:52:33 AM PDT by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: Red Badger

There is, it’s for SESes & Flag officers. It must have holes in it you can drive a tractor trailer through because it doesn’t seem to stop any of them.


52 posted on 09/07/2022 7:56:16 AM PDT by Reily
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To: Red Badger

“providing the FBI access to the records in question, as requested by the incumbent President.”

Possibly a motive for Biden’s recent MAGA attacks. They knew Biden was going to be exposed for his involvement in the raid, so they created a theme that America must be saved and Biden had no choice but to order the raid due to national security risks.


53 posted on 09/07/2022 7:56:42 AM PDT by Toespi
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To: Red Badger

bkmk


54 posted on 09/07/2022 8:00:16 AM PDT by Sergio (An object at rest cannot be stopped! - The Evil Midnight Bomber What Bombs at Midnight)
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To: Red Badger

“...It said at the request of the incumbent president.”

And there it is.


55 posted on 09/07/2022 8:01:14 AM PDT by Basket_of_Deplorables (Putin is behaving rationally.The war is on Biden and Obama. )
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To: Bob434

What is clear is that the DNC will never cede or relinquish national political power. They cannot afford to live in the politicized world they created with Republicans in the White House.

The Democrats will not allow Republicans to use the same BS they use against Republicans.

The NWO is fully implemented. No more Republicans.


56 posted on 09/07/2022 8:08:45 AM PDT by Jumper ( )
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To: Bob434

“They Will attempt to tie Trump up in courts from here to eternity in an effort to keep him from running a successful campaign for president again.”

Yup. The strategy comes from Mark Elias, who was the “brains” behind much of the previous “Get Trump” lawfare over thelast 5 years. Same guy trying to keep MTG off the ballot. Same guy who spearheaded the last minute radical changes to election laws to allow the steal in 2020.

The tactics come from Andrew Weissman, who is famous for going way outside the bounds of legality, using a corrupt team embedded in DOJ. His motto is, “better to beg for forgiveness than ask for permission.”

The team is headed by Lisa Monico at DOJ, under direct orders from Susan Rice.

Obama.

Same people as previous. They never went away. Because nothing was ever done; zero punishment for past outrageous behavior.


57 posted on 09/07/2022 8:09:56 AM PDT by Basket_of_Deplorables (Putin is behaving rationally.The war is on Biden and Obama. )
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To: 1Old Pro

😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂


58 posted on 09/07/2022 8:30:33 AM PDT by BiteYourSelf ( Earth first we'll strip mine the other planets later.)
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To: Red Badger

Interesting, isn’t it, how Biden is lauded for getting the DOJ/FBI to investigate DJT, but DJT gets impeached for asking Ukraine to investigate the Biden corruption . .


59 posted on 09/07/2022 9:15:02 AM PDT by MCSETots
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To: Red Badger

“you go into a home, you set up a system where those things that you seize are assiduously documented,...

The fact that did not happen raises the danger that the judge may eventually throw out the entire search, both because it was overly broad to begin with and then overcollected evidence outside the scope authorized by the magistrate, Brock said. “

Bingo. (and also could be tossed because items taken were not documented, clouding the chain of custody of everything collected). Which lends weight to the argument that the FBI wasn’t there to obtain evidence for an indictment, but rather just to get their hands on something Trump had that they wanted. So they didn’t care about whether what they found would be admissible, and tossed the procedures out the window.


60 posted on 09/07/2022 9:19:25 AM PDT by Boogieman
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