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Two Words regarding the Nunes Memo: Inevitable Discovery

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This is the definition of inevitable discovery:

Inevitable discovery is a doctrine in the United States criminal procedure that allows evidence of a defendant's guilt that would otherwise be considered inadmissible under the exclusionary rule to be admitted into evidence in a trial.

In other words, when someone tries to throw out evidence due some procedural issue, if it is determined that another event would possibly have led to the same conclusion, that evidence remains and can be used at trial. 

In the recently released “Nunes Memo” detailed alleged abuses of the FBI and the Justice Department, point 5 reads as follows: 

The FISA application also mentions information regarding fellow Trump campaign adviser George Papadopoulos, but there is no evidence of any cooperation between or conspiracy between [Carter] Page and Papadopoulos.

Nunes Memo — 2-2-2018

They do not dispute the fact that Papadopoulos was under investigation or that the information gained on his was gained in an illegal fashion. They try to muddy the waters stating that Peter Strzok (the demoted agent who was with the Mueller investigation until his texts were found slamming Trump) was the agent who was handling this, but it doesn’t pass the laugh test. 

Papadopoulos was caught by an Australian diplomat during a night of heavy drinking. After George spilled his guts, the diplomat (wisely) got word to the FBI after the Wikileaks stolen e-mails were made public. This is a major piece of evidence in the Russia investigation. This also happened in May 2016, two months before the dossier was sent to the FBI and revealed to the FBI around the same time as the timing of the dossier (July 2016). 

Ergo, both pieces of evidence arrived at the same time. Thus, throw out the dossier, keep the diplomats tip and the fact that Carter Page and George Papadopoulos were both volunteers on Trump’s foreign policy staff and you have cause to at least investigate. In other words, get a warrant! A FISA warrant! What? They didn’t talk to each other? (Riiiight.) 

If they had left out the Papadopoulos stuff, it would probably look better, but you know this crowd. 

I’m surprised that Nunes didn’t throw out his shoulder with this reach. 

For all Democrats out there, this is your talking point: Inevitable discovery validates the FISA warrant. Thanks for playing. 


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