McCarthy Poked HUGE Holes In The DOJ's Case Against Trump
Former Assistant U.S. Attorney Andy McCarthy spoke with Fox News and explained how the FBI really screwed up their investigation into Trump by assuming a lot but knowing very little. According to McCarthy, now that a judge has granted Trump the right to have a special master oversee the case, we are about to watch it all fall apart.
McCarthy noted, "It’s a big win for the Trump team and a potentially explosive ruling if it holds. I would imagine it’s important enough that the government will appeal this immediately. In a nutshell, what happened here is the Justice Department assumed that Trump only had attorney-client privilege, that he did not have executive privilege, or at least to the limited extent that as a former president he maintains executive privilege, it can’t be asserted against the executive branch itself."
He continued, "It's one thing for the government to have that theory, I think it actually may be a sound theory. The problem is it’s not 100% settled, so I thought it was incumbent on them to get a ruling from the court on that question before they hauled off did what they did, which was have the privilege team go through all the seized documents assuming that Trump only had attorney-client privilege and then allowing all of the potentially executive privileged documents to go to the prosecution team."
If it turned out they are privileged, that could taint the prosecutors who reviewed them and it could also taint their investigation because they are now conducting an investigation.
McCarthy went on to explain how the DOJ may have tainted the entire investigation by holding and viewing privileged material, "they got these documents two weeks ago, and they have had these documents, the prosecution team has, for about a week. So they have been merrily conducting their investigation with the agents assuming all the documents were appropriate for the investigation. Now the judge is saying hold everything, he may have executive privilege."
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According to the former Assistant U.S. Attorney, this case could end up dead in the water, much sooner than people realize. If he's right, I just hope that the mainstream media and politicians learned their lesson from last time, and have their retractions and apologies ready in advanced.