's avatar

@jiminnh.bsky.social

I think her reasoning will go like this: as to the counts based on possessing the documents she will say "official act" and his motive can't be questioned; as to the obstruction counts she will say that because he was entitled to possess them the search warrant was invalid.*

1 replies 0 reposts 0 likes


's avatar @jiminnh.bsky.social
[ View ]

It's sort of a reverse/perversion of what lawyers call "fruit of the poisonous tree." When a search warrant is based on illegal grounds, the product the warrant is excluded from evidence. Here the warrant was based on probable cause of a (newly) legal act and therefore is unsupportable.

0 replies 0 reposts 0 likes