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The Memo: The dossier, circular reporting and fruit of the poisonous tree

Written By | Feb 2, 2018

WASHINGTON, February 2, 2018: After what seems like an eternity of waiting, The House Intelligence Committee has released the memo outlining alleged abuses of secret surveillance by the FBI and Justice Department in the Trump-Russia investigation.  The release of the memo begs American’s to ask if the Robert Mueller investigation into President Trump, based on the Trump-Russia Dossier should be ended immediately as resulting from the fruit of the poisonous tree:

Fruit of the Poisonous Tree

The “fruit of the poisonous tree” doctrine is an offspring of the Exclusionary Rule.

“The exclusionary rule mandates that evidence obtained from an illegal arrest, unreasonable search, or coercive interrogation must be excluded from trial.  Under the fruit of the poisonous tree doctrine, the evidence is also excluded from trial if it was gained through evidence uncovered in an illegal arrest, unreasonable search, or coercive interrogation.

Like the exclusionary rule, the fruit of the poisonous tree doctrine was established primarily to deter law enforcement from violating rights against unreasonable searches and seizures. (Cite: The Free Dictionary/Legal Dictionary)

Using the poisonous tree metaphor, evidence gathered illegally, through illegal search or interrogation by law enforcement cannot be used in a criminal trial. Which would include impeachment defined as:

“The President, Vice President and civil officers of the United States shall be removed from Office on Impeachment for, and conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” — Article II, section 4, U.S. Constitution

Christopher Steele, author of Trump-Russia dossier, criminal referral

Circular Reporting creates a false narrative

Obviously, the FISA warrants were the result of the DNC hiring Fusion GPS, who hired Christopher Steele, to create the dossier.  Steele then moved the dossier, now a proven political document,  into the bloodstream of the Department of Justice Department and FBI who used the Steele dossier as well as a Yahoo! News article Steele had placed, to obtain the FISA warrants.  As the information provided by Steele to Yahoo! News, known to be questionable at best, created a basis for the FISA warrants, any information obtained from those warrants is now poisoned.

This is called Circular Reporting, or false confirmations of alleged facts, is defined as when a piece of information appears to come from multiple independent sources, but in reality, comes from only one source.  

In this case, that source is the result of the collusion between Hillary Clinton, Christopher Steele, Fusion GPS, top persons at the FBI and others, like the oft-mentioned Peter Strozk and Lisa Page, who have expressed their active opposition to the Trump Presidency. The only goal of that collusion was to influence the American elections and impede the election of Donald Trump as our 45th president.

The FBI reliance on the Steel Dossier to obtain FISA warrants

The FBI relied heavily on the Steele dossier, as well as a Yahoo! News article based on the document, to obtain up to four FISA surveillance warrants against a Trump campaign adviser prior to the 2016 election, according to the memo declassified by the White House on Friday.

The memo, which was crafted by House Republicans, says that the FBI’s deputy director, Andrew McCabe, told Congress that a FISA warrant against the campaign adviser, Carter Page, would not have been granted without the dossier.

That despite that the FBI later determined that very little of the Democrat-funded document was at the least corroborated, much less truthful.

In another stunning revelation, the memo asserts that Justice Department official Bruce Ohr was used to pass information from the author of the dossier, Christopher Steele, to the DOJ. Ohr’s wife, Nellie Ohr, worked at the time for Fusion GPS, the opposition research firm research firm that commissioned the dossier.

The Memo

If you have not read the memo, the following are some key headlines:

  •  The Steele dossier formed an essential part of the initial and all three renewal FISA applications against Carter Page.
  • Andrew McCabe confirmed that no FISA warrant would have been sought from the FISA Court without the Steele dossier information.
  • The four FISA surveillance applications were signed by, in various combinations, James Comey, Andrew McCabe, Sally Yates, Dana Boente, and Rod Rosenstein.
  • The FBI authorized payments to Steele for work on the dossier. The FBI terminated its agreement with Steele in late October when it learned, by reading an article in Mother Jones, that Steele was talking to the media.
  • The political origins of the Steele dossier were known to senior DOJ and FBI officials but excluded from the FISA applications.
  • DOJ official Bruce Ohr met with Steele beginning in the summer of 2016 and relayed to DOJ information about Steele’s bias. Steele told Ohr that he, Steele, was desperate that Donald Trump not get elected president and was passionate about him not becoming president.

The FBI and Justice Department mounted a monthslong effort to keep the information outlined in the memo out of the House Intelligence Committee’s hands and it does not take a prognosticator of liberal intent to know why.

Former President Obama’s silent Coup d’Etat conspiracy unraveling

The malfeasance of our top legal teams

Simply, four FISA surveillance applications where created, and signed by top FBI officials including James Comey, Andrew McCabe, Sally Yates, Dana Boente, and Rod Rosenstein. The resulting FISA warrants were issued after the court was given information known to be false.  Those warrants and the information obtained has now become fruit of the poisonous tree.

Sally Yates an Obama holdover who briefly served as Acting Attorney General who was fired for ignoring President Donald Trump’s first travel ban order.   At the time, then Press Secretary Sean Spicer statement was:

”Sally Yates has betrayed the Department of Justice by refusing to enforce a legal order designed to protect the citizens of the United States. … Ms. Yates is an Obama Administration appointee who is weak on borders and very weak on illegal immigration.”

The Immigration Reform Law Institute has filed a Freedom of Information Act for Yates emails, which are expected to show her bias against President Trump.

Dana James Boente, the acting head of the Justice Department’s national security division and the US Attorney for the Eastern District of Virginia, who was picked on January 18, 2018, to become the new FBI general counsel. Boente briefly served as the Acting Attorney General following Yates firing.

And then there is Rod Jay Rosenstein, the Deputy Attorney General for the United States Department of Justice. The memo alleges that Rosenstein used the improper procedure to extend the surveillance of Carter Page, a former Trump campaign aide, as part of the investigation into ties between the Trump campaign and Russia.

Releasing the Memo

Once Intelligence Committee leaders and staff compiled some of that information into the memo, the FBI and Justice Department said the release of the memo would endanger national security and the rule of law.  Political commentators, deciphering the memo, have debunked Democrats and the FBI cry that the memo contained any security information.

President Trump, promising transparency in his administration, declassified the memo allowing for its release.

The question for President Trump and the American people is that, as the FISA warrants are the fruit of a poisonous tree, should all investigations begun as a result of the FISA warrants, as well as any information used against any person as a result of those FISA warrants, including the destruction of General Michael Flynn, be thrown out.

And who will be held legally accountable for the bad actors behind the dossier and FISA warrants? Who will be held accountable for this groups malfeasance and collusion in their attempts to influence the election, purposefully distracting America with the false narrative of a Trump – Russian collusion.

Jacquie Kubin

Jacquie Kubin is an award-winning writer and wanderer. She turns her thoughts to an eclectic mix of stories - from politics to sports. Restless by nature and anxious to experience new things, both in the real world and online, Jacquie mostly shares travel and culinary highlights, introduces readers to the chefs and creative people she meets and shares the tips, life and travel information people want to read.