Tuesday, May 22, 2018

The mess Rod Rosenstein made



Many liberals and critics are under the mistaken belief that President Trump is violating the rule of law and civil liberties by criticizing the Robert Mueller investigation and by ordering the Justice Department’s Inspector General to investigate whether or not the FBI spied on his 2016 presidential campaign. In fact, the president is behaving totally lawfully, and it is Robert Mueller and Deputy Attorney General Rod Rosenstein who are acting unconstitutionally and who are violating Trump’s civil liberties....

The unconstitutionality of Mueller’s appointment renders everything he has done since May 17, 2017, unconstitutional as well. This includes obtaining a log of calls by President Trump’s personal lawyer Michael Cohen, and his referral of Cohen to the United States attorney’s office for the Southern District of New York. Both the logging and the referral are examples of what the Supreme Court calls the fruit of a poisonous tree.

When an official uses government power in an unconstitutional way, anything that results from it is subject to the exclusionary rule and is not admissible in court. Since the investigation by the U.S. Attorney's office for the Southern District of New York was started due to an arguably unconstitutional call log that violates both the Appointments Clause and attorney-client privilege, the federal courts should hold that any prosecutions that result of Cohen or anyone else that grew out of the Mueller referral are unconstitutional and null and void.....