PROSECUTORIAL MISCONDUCT
Lawyers, litigants and legislators know that wrongdoing can result in the dismissal of any court proceeding or trial in America.
Misconduct by prosecutors and/or by investigators has changed the outcomes of many trials.
Such misconduct takes many forms:
- Illegality in the gathering of evidence.
1a. This can occur if investigators obtain evidence by virtue of a search conducted while failing to have obtained a legal search warrant.
1b. Evidence obtained from an individual who was not given a Miranda warning.
1c. Then there is Fruit of the poisonous tree doctrine, which disallows the use of
evidence developed from illegally gathered evidence.
Failure of a prosecutor to give exculpatory evidence to a defendant.
Lying to a jury.
In the impeachment trial in the US Senate, the Democrats whine that they want a “fair trial.”
That trial cannot be fair, and in fact must be dismissed if prosecutorial misconduct is present.
Let us examine the conduct of the House prosecutors.
The Mueller Group, FBI Director James Comey and his subordinates obtained evidence illegally as did the CIA.
The FISA warrants were obtained illegally, therefore, any evidence gathered by those warrants and any evidence developed through such evidence cannot be used.
General Flynn was never given a Miranda warning, his guilty plea has been withdrawn and prosecutors are dropping the Flynn prosecution so that they (the prosecutors) can avoid facing the music themselves. No evidence obtained from General Flynn, or any evidence developed through the Flynn evidence (which would constitute the fruit of a poisonous tree) can be used in the impeachment trial in the Senate.
The actions of Schiff’s whistleblower were improper according to an Inspector General’s report.
Adam Skiff is still refusing to disclose to the defense many of the possibly exculpatory transcripts of secret hearings conducted by Adam Schiff in his secret chamber in the basement of the Capitol Building.
And the nonstop lies of prosecutor Adam Schiff have been reported throughout the news media and in our prior essay entitled he “impeachment Hoax “
Because of the prospect of prosecutorial misconduct, all of these matters must be explored in the Senate impeachment trial and witnesses relevant to these matter must be questioned by the Trump defense and, if any such prosecutorial misconduct is established, the impeachment hoax must be dismissed, with prejudice.
If such misconduct was perpetrated, it must be prosecuted, to the fullest extent of the law, by the US Justice Department following the dismissal of the impeachment.