The Plain View Doctrine is Why Weiner Is More Important Than Ever.

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The Plain View Doctrine is Why Weiner Is More Important Than Ever.

Weiner is comical, but the Plain View Doctrine Nailed Hillary and Forced the FBI’s Hand

Honestly, you could not possibly make this shit up if you tried.  It is comedy at its best, but it is also a serious reminder of how a trail of evidence can be discovered that nails you on a crime or set of crimes.

Weiner, in this instance, is secondary, but critical.  The evidence discovered was 650,000 emails on Hillary Clinton’s Aide’s laptop.  Abedin, the aide, just happens to be married to Weiner, and they shared the laptop.  Weiner was caught sexting with a teen, so the FBI had to investigate him, and it involved branch offices who reported back to the central office that the emails were discovered.

Weiner is secondary, because the emails do not implicate him, they implicate Abedin and/or Clinton.  The biggest problem is that the evidence was discovered on the laptop relative to a different investigation and the Plain View Doctrine  brings those emails into play as evidence.  Once evidence is discovered in plain view, law enforcement does not even require another warrant.  The FBI is being cautious, but technically, they can just wade in according to precedent in cases going back decades.

Because several branches saw the emails at least to the degree they know they existed, the central office cannot deny their existence.  The FBI also cannot lie or state the emails came from a foreign country or imaginary hackers.  The evidence is from the US of A and from a woman that worked for Hillary Clinton.

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The final sticking point is that because Weiner was being investigated for a completely different crime, the evidence exists in multiple places and it CANNOT be destroyed without tainting the investigation into Weiner himself.

The FBI has already destroyed evidence and granted immunity in very questionable circumstances.  If anything that would be a violation of the Hatch Act which prevents a law enforcement agency or body of government from interfering in an election.  In those cases, immunity was given to aides and associates of Hillary Clinton because they were isolated to the government and/or Hillary Clinton.  The FBI was able to get away with that.

However, with Weiner, he is not directly related and has his own independent investigation, so the FBI is stuck.  They cannot destroy the evidence, they cannot state the emails do not exist, and they cannot provide them publicly.  If the FBI has been lying as it appears, there are no Russians, and now the FBI has validated there are no Russian links to wikileaks even though Hillary Clinton and the FBI stated there were many times since the DNC debacle.

The FBI had to come out and announce the reopening of the investigation because they cannot destroy the evidence and they are likely caught in the cross hairs of both Hillary’s lies and their own about Russians and about wikieaks, both considerable violations of the Hatch Act and one that endangers our nation with the prospect of nuclear war.

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