Rep. Devin Nunes asserts that the Federal Bureau of Investigation and Department of Justice had “exculpatory evidence,” which Wexlaw defines as “a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.” Worse, they intentionally hid it from the FISA court. That would be blatantly illegal. The surveillance judges were considering a wiretap on Carter Page.
If proven true, then the men Barack Obama put in charge of enforcing our laws were criminals, which some conservatives say isn’t a big surprise.
“The FBI has become America’s secret police. Secret surveillance, wiretapping, intimidation, harassment, and threats. It’s like the old KGB that comes for you in the dark of the night banging through your door,” observes legal commentator Gregg Jarrett.
This is the United States, we’re not supposed to have secret police spying on American citizens, especially not on “advisors” to a candidate for the office of president, such as Donald Trump.
The judges deciding whether or not a wiretap would be granted “should have been presented with this exculpatory evidence,” declared Nunes.
“There is exculpatory evidence that we have seen,” Nunes teases, “classified documents that need to be declassified.”
He didn’t spell out why but pointed out, “Bruce Ohr is going to become more and more important in this investigation, and I think people should pay close attention to it.”
Under what’s called the Brady Rule, if prosecutors have documents or information that is relevant to the matter at hand, they must present it even if it weakens their case.
Wexlaw relates, “‘Brady material,’ or evidence the prosecutor is required to disclose under this rule, includes any evidence favorable to the accused.”
Such could include any “evidence that goes towards negating a defendant’s guilt, that would reduce a defendant’s potential sentence, or evidence going to the credibility of a witness.”
Which brings us to Bruce Ohr.
He is not a very credible witness, as we have learned from the headlines over the past few months. Was he used to make an “end-run” around Christopher Steele’s dirty dossier by using his credentials to lend credibility for Steele’s unfounded allegations?
Was his testimony used to obtain one or more warrants? Did the FBI tell the court his wife worked for the firm that paid for the discredited Steele Dossier?
The New York Times describes Carter Page as “an early foreign policy adviser to Donald J. Trump.”
They further reported that Kellyanne Conway, who was Trump’s campaign manager, “said that ‘Mr. Page was not part of the Trump team and that he was not authorized to speak to Russian officials on its behalf.’”
Even the Russians claim he was a nobody. “He is not Mr. Trump’s adviser. He is an impostor who likes to make a lot of media noise about himself,” Leonid Slutsky, a member of the country’s Parliament who sits on their international affairs committee, suggests.
Despite his minor role with the campaign, he was a huge target of Obama’s FBI.
Along with other republican members of his committee, Nunes requested declassification for 21 specific pages “from the FBI’s fourth and final FISA warrant application.” Nunes believes that Americans “will be shocked” when they see what is under the magic marker lines.
Republicans have been arguing for a long time that “the FBI and Justice Department misled the FISA Court,” Nunes adds. They did it “by relying heavily on the unverified and democrat-funded dossier” cooked up by Christopher Steele “to obtain four FISA warrants on Page.”
In Steele’s fantasy file, entries suggest “Page met with two Kremlin insiders during a July 2016 trip to Moscow” and that “Page was directly involved in a conspiracy between the Trump campaign and Russian government to influence the election.” Page categorically denies all of it.
Political analysts are convinced there is a very good chance that lurking under the censor blocks are things that only could have come from connections between Bruce Ohr and Christopher Steele.
As Nunes mentioned to Hannity, even though “the FBI severed ties with Steele, Ohr provided information from his 12 meetings with Steele back to the FBI.”
Agents made official records documenting all the information Ohr fed them in “302 reports” where agents record all their interview notes. By presenting these 302’s to the FISA court, third-party hearsay could have been recycled into first-party sworn evidence.
If the prosecution didn’t “disclose material exculpatory evidence,” to FISA, evidence obtained from the wiretaps can’t be used.
“The evidence will be suppressed,” Wexlaw explains, “regardless of whether the prosecutor knew the evidence was in his or her possession, or whether or not the prosecutor intentionally or inadvertently withheld the evidence from the defense.”
The wiretaps themselves would be considered unusable based on the “fruit of the poisonous tree.” Per Wexlaw, “as the metaphor suggests, if the evidential ‘tree’ is tainted, so is its ‘fruit.’”
Bruce Ohr, the fourth-highest ranking official in the Department of Justice had meetings with Steele both before and after the election. The ones following President Trump’s victory were certainly held “after the FBI ended its relationship with Steele.”
They were forced to cut the cord when they learned he went behind their back to leak everything to the media.
Steele “kept supplying allegations to the FBI after the 2016 election, even though by that point he was terminated as a source by the bureau for giving confidential information to the media,” the Washington Examiner reports.
Insiders say that Steele wasn’t happy with how slow the investigation was going. He had been hired to prevent President Trump from winning the election and it turned into a salvage operation to overthrow the new administration.