{"id":30744,"date":"2017-12-17T05:07:26","date_gmt":"2017-12-17T10:07:26","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=30744"},"modified":"2017-12-17T09:18:23","modified_gmt":"2017-12-17T14:18:23","slug":"once-again-trump-team-lawyer-doesnt-understand-search-warrant-process-part-2-and-the-president-undermines-u-s-criminal-justice-for-all-suspects","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=30744","title":{"rendered":"Once again, Trump team lawyer doesn\u2019t understand search warrant process (Part 2) | And the President undermines U.S. criminal justice to benefit all suspects"},"content":{"rendered":"

Once again<\/a>, a Trump team lawyer doesn\u2019t understand the Fourth Amendment. Saying the Fourth Amendment was violated doesn’t make it so. I hear this everyday from my own clients who are far less sophisticated about the law than Trump’s own lawyers. It’s like their legal education came from a \u201cLaw and Order\u201d episode they once saw.<\/p>\n

Trump\u2019s lawyers show they don\u2019t understand the criminal justice system. Either that, or they know exactly what they\u2019re talking about and trying to delegitimize the Special Counsel\u2019s investigation. In the normal criminal case, defense counsel watches the moves of the prosecution as the investigation progresses to learn from it and organize the defense. A criminal investigation should not be a PR exercise because it usually blows up in the defendant’s face, but that seems to be all that Trump\u2019s lawyers are doing. That, and lying to the client about what\u2019s really going on, as in “the investigation will end by the end of the year.”<\/p>\n

Since Saturday afternoon, there’s been several articles about a letter to Congress about this purported Fourth Amendment violation and haven\u2019t found the letter yet. But, if the news reports are accurate, and they are consistent in content, we don\u2019t need to see the letter. If we get it, I’m sure it will just confirm what we know: The Trump team is in over its head.
\n
\nWhere is the Fourth Amendment violation? I can’t see it from the articles, and not a word in the articles explain. Was a grand jury subpoena or search warrant used to get the emails? I\u2019m betting search warrant because probable cause is such a low threshold and it carries the good faith exception. Once again, under existing law, where is the Fourth Amendment violation? I\u2019ve noticed those without much of a grasp of the Fourth Amendment strain to find violations where none exist. And this is such an example, but it’s coming from lawyers not rationalizing suspects. I would have thought Trump would have assembled a \u201cDream Team,\u201d but it\u2019s quite the opposite. Even from this far away, I marvel at their fumbles and wonder how many far more competent lawyers there are in America that would be doing a better job. <\/p>\n

Some of the articles:
\n\u25cf Inquisitr: Robert Mueller Accused Of \u2018Unlawful Conduct\u2019 And Violating Fourth Amendment Over Latest Move In Russia Probe<\/a> by Heather Tooley: Why Special Counsel Robert Mueller is accused of “unlawful conduct” by President Trump’s attorney over how he obtained thousands of emails.
\n\u25cf Axios: Scoop: Mueller obtains “tens of thousands\u201d of Trump transition emails<\/a> by Mike Allen
\n\u25cf Reuters: Trump allies say Mueller unlawfully obtained thousands of emails<\/a> by Steve Holland
\n\u25cf The Hill: Trump lawyer says Mueller obtained transition emails illegally<\/a> by John Bowden
\n\u25cf WaPo: Mueller unlawfully obtained emails, Trump transition team says<\/a> by Anne Gearan and Philip Rucker<\/p>\n

Worse, to save his own butt, Trump is undermining federal criminal justice. As Trump rails against the FBI having its \u201creputation in tatters,\u201d which is just another lie, he\u2019s giving defense lawyers all over the country the ability to argue with a straight face that the FBI botched an investigation they didn\u2019t. And that’s sad. If I can just get 2 or 3 Trump supporters on a federal jury ….<\/p>\n","protected":false},"excerpt":{"rendered":"

Once again, a Trump team lawyer doesn\u2019t understand the Fourth Amendment. Saying the Fourth Amendment was violated doesn’t make it so. I hear this everyday from my own clients who are far less sophisticated about the law than Trump’s own … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[25],"tags":[],"class_list":["post-30744","post","type-post","status-publish","format-standard","hentry","category-e-mail"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30744","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=30744"}],"version-history":[{"count":12,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30744\/revisions"}],"predecessor-version":[{"id":30758,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30744\/revisions\/30758"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=30744"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=30744"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=30744"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}