(National Sentinel) Unconstitutional: Attorney and Fox News legal analyst Gregg Jarrett said Sunday that special counsel Robert Mueller and his entire team should be fired after they obtained thousands of privileged emails belonging to the Trump transition team.
Over the weekend, Fox News reported that Trump transition lawyer Kory Langhofer, the counsel to Trump for America (TFA), sent a letter to to House and Senate committees on Saturday arguing that the General Services Administration, which turned over the emails to Mueller’s team, engaged in “unlawful conduct” because it also handed over emails that were deemed privileged and, thus, protected by the Fourth Amendment.
Langhofer said the TFA discovered the “unauthorized disclosures” by the GSA on Dec. 12 and 13 and raised concerns with the special counsel’s office.
The GSA turned over a flash drive to Mueller’s team containing tens of thousands of emails from 13 transition team accounts. Mueller has used the emails to further his investigation into alleged Trump-Russia collusion, other reports have noted.
“We understand that the special counsel’s office has subsequently made extensive use of the materials it obtained from the GSA, including materials that are susceptible to privilege claims,” Langhofer wrote. He added that some of the records obtained by the special counsel’s office from the GSA “have been leaked to the press by unknown persons.”
In a Sunday column for Fox News, Garrett argued that Mueller’s team obtained a “‘significant volume of privileged material’ then used it in its investigation. Mueller’s staff apparently admits this egregious violation, which the law strictly forbids,” he stated further.
“Under the law, the only remedy is Mueller’s dismissal from the case,” he added. “The Presidential Transition Act states that all records of transition operations are private and confidential.”
Yet Mueller seems to have ignored the law. Without a warrant or subpoena, his team of lawyers brazenly demanded these private records from the General Services Administration (GSA) which held custody of the materials. The GSA does this as a service to all incoming presidents out of courtesy, but it neither owns the documents nor is authorized to release them to anyone under any circumstances because they are deemed entirely private.
Jarrett noted further that courts have been clear about what prosecutors must do under these circumstances: “An attorney who receives privileged documents has an ethical duty to cease review of the documents, notify the privilege holder, and return the documents.” (U.S. v. Taylor 764 Fed Sup 2nd, 230, 235)
It does not appear as though Mueller did this, however.
“If any illegally obtained documents have been used in the Trump-Russia case, then the results are tainted and invalid. This is a well-established principle of law,” Jarrett wrote, adding if Mueller used even a single email or document in his case, that should disqualify him, legally, from pursuing the case further.
The only remedy is removal, Jarrett continued.
“Either Congress should take aggressive action or the Presidential Transition Team (now Trump for America, Inc.) must petition a federal judge to order their removal,” he wrote.
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