I haven't commented on the subpoena Adam Schiff used to get Rudy Giuliani's phone records until now. I wanted to let this percolate for a bit before saying anything. For those who don't know, Schiffty, as the chair of the House Intelligence Committee sent a subpoena to AT&T to get the phone records for a few numbers including Giuliani's. Then Schiffty included some of the results of that subpoena in the public report on impeachment issued by the committee. This was illegal.
Let's start with the concept of attorney-client and work-product privilege that lies at the heart of our judicial system. In order to allow people the ability to have full and open conversations with their attorney, no one -- not even the government -- can obtain access to the communications between attorney and client unless the client consents. For whatever reason, the Democrats think that this privilege does not apply to Donald Trump. Mueller and his goons raided Michael Cohen's law office and seized files. Those files included privileged documents that Cohen had which were communications with his clients including Trump. Mueller, at least, made a show of trying then to have the documents reviewed for privilege so that he could claim that he didn't see the privileged ones. Schiff, however, went one further. He asked for and got Giuliani's phone records and then publicly disclosed them without ever considering if they were privileged. He never told Giuliani or the President that he was demanding these records. This allowed Schiff to see, in part, which people Giuliani spoke to in his work defending Trump. That's improper. In fact, when AT&T gave the records to Schiff after his request, it was illegal. Under the applicable statutes, the chair of a House committee cannot get access to phone records via a secret subpoena. Schiff and the company had the obligation to notify Giuliani so that he could assert the privilege and take the matter to court for a decision. The only way to get secret access to these sorts of records requires a FISA court warrant (and we know that the Dems are ready to produce phony evidence to justify such warrants, but it is unlikely that even this procedure would have been blessed with Rudy as the target.)
Think about it. Rudy Giuliani, Trump's attorney, has his phone records reviewed by the government. If this happened in a criminal case, the defendant would have made a motion to throw out all charges based upon government misconduct. And that defendant would win. Yet, somehow, Schiffty thinks that he can ignore federal law and the Constitution and trample over Trump's rights as an American. It doesn't work that way.
In a sane world, the House Ethics committee would begin an investigation into Schiff's conduct. Since the Dems control the House, however, that won't happen. Schiffty ought to be censured or expelled from the House for wrongdoing. Remember, this is the guy who made up a phony transcript and read it to his committee and the public. When he was called on it, he suddenly claimed it was only a parody. That's a nice word for a lie. Schiffty really is a disgrace, but in the world of the Dems filled with Trump hatred, he gets by nevertheless.
Let's start with the concept of attorney-client and work-product privilege that lies at the heart of our judicial system. In order to allow people the ability to have full and open conversations with their attorney, no one -- not even the government -- can obtain access to the communications between attorney and client unless the client consents. For whatever reason, the Democrats think that this privilege does not apply to Donald Trump. Mueller and his goons raided Michael Cohen's law office and seized files. Those files included privileged documents that Cohen had which were communications with his clients including Trump. Mueller, at least, made a show of trying then to have the documents reviewed for privilege so that he could claim that he didn't see the privileged ones. Schiff, however, went one further. He asked for and got Giuliani's phone records and then publicly disclosed them without ever considering if they were privileged. He never told Giuliani or the President that he was demanding these records. This allowed Schiff to see, in part, which people Giuliani spoke to in his work defending Trump. That's improper. In fact, when AT&T gave the records to Schiff after his request, it was illegal. Under the applicable statutes, the chair of a House committee cannot get access to phone records via a secret subpoena. Schiff and the company had the obligation to notify Giuliani so that he could assert the privilege and take the matter to court for a decision. The only way to get secret access to these sorts of records requires a FISA court warrant (and we know that the Dems are ready to produce phony evidence to justify such warrants, but it is unlikely that even this procedure would have been blessed with Rudy as the target.)
Think about it. Rudy Giuliani, Trump's attorney, has his phone records reviewed by the government. If this happened in a criminal case, the defendant would have made a motion to throw out all charges based upon government misconduct. And that defendant would win. Yet, somehow, Schiffty thinks that he can ignore federal law and the Constitution and trample over Trump's rights as an American. It doesn't work that way.
In a sane world, the House Ethics committee would begin an investigation into Schiff's conduct. Since the Dems control the House, however, that won't happen. Schiffty ought to be censured or expelled from the House for wrongdoing. Remember, this is the guy who made up a phony transcript and read it to his committee and the public. When he was called on it, he suddenly claimed it was only a parody. That's a nice word for a lie. Schiffty really is a disgrace, but in the world of the Dems filled with Trump hatred, he gets by nevertheless.
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