Thursday, November 3, 2016

Fruit of the poisonous tree. What happened in the gap? FBI Comey. Report on the rogues.

FBI grapples with Fruit of the Poisonous Tree. Rogues and taint in election year. 

This is the Bureau that Jim got.
See update 11/4/2016 *   

This is a computer
That belongs to a Husband
That the FBI was investigating
That was in the Bureau that Jim got.

This is the rat,
That saw a Wife's file header
That sat in the directory of the Husband's computer
That then steamed in the Bureau that Jim got.

This is the conspirator,
That agreed with the rat,
That they'd keep the Wife's file headers secret,
That then snooped inside, click click, did they?
That then figured how to use what they found
That just turn an election -- oh, blessed data
That agents turned partisan know well how to use,
That now boiled -- or not -- in the Bureau that Jim got.

This is heritage of manipulating a scene
That deluded grandees in field offices admire,
That might unearth matters for their political use
That might smear an election, favoring their guy, like an op.
That familiar tack, even if tacky, in the Bureau that Jim got.

This is the now Director, good guy, they say,
That knew of rogues in a field office
That touted visions of grandeur beyond their pay grade
That just itched to see certain shelved matters back in the in-bin.
That better suited their politics. A matter for correction.*

This is the Director. In or out of the loop?
That might have wanted a warrant (did he?) to poke in Wife's files
That failed to rein in his rogues from their leaky intentions.
That still warrantless boiled over plotting leaks in the Bureau that Jim got.

This is the panic of the Director caught asleep at the switch,
That still sought no warrant as to Wife, claimed nothing exigent (is traitorous leakage exigent?)
That finally wrote a carelessly worded letter to outsiders, sending election polls reeling.

This the exclusionary rule
That requires evidence to be legally got, 
That excludes warrantless use as  a)  Fruit of the Poisonous Tree. unless exceptions apply.
That exceptions include b)  exigent circumstances, good luck with that.
Et ceterot.
That compound the secret the conspirators brewed,
That lay in the directory of the Husband's computer,
That as to which the Director for three weeks knew naught,

Here, Mother Goose digresses, already out of cadence:

What is an illegal search, children.

What limits the clicks and dances of conspirators through the merry ballroom of the FBI. Did the Husband have authority to give over Wife's material in his computer? Was it jointly owned?  Does illegal search include the step of additional clicks on a directory clearly labeled for another. Is that the real world, to expect restraint in politics? Must the FBI be political?

Now, who will examine the computer boiling over in the hands of the FBI to see this angle:  Who clicked on what, and when. Are there conspirators, bad actors here, is that the norm, or is everyone squeeky clean? Do we really believe the rogues waited for a  warrant for 3 weeks?

This is the data 
That conspirators found (what was it!!)
As they skimmed through the trove
That still was kept secret
("Skip a warrant! We're In!")
That lay in the computer three weeks for the dance,
That sat in the house that Jim built.

This is exclusion the law provides
That now grabs the FBI's own ankles.
This is the hetman all tattered and torn,
That now must examine his own.
This is the cock that crowed in the morn,
That put the secret out there, now what?
 That alarms the nation.
That waked the nation.
That, until its own investigation is done, in open, taints all of us.

Who will bell the cat?
* See An Introduction to Political Crime by Jeffrey Ian Ross 2012, at pp.107ff;  and now, a request for an investigation here, see

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