‘Collusion’ as Farce: The Hunt for Hillary’s Hackers

Do you know what federal prosecutors do when a thief brings the FBI incriminating documents that he has swiped from his victim’s home?  They use the documents to convict the victim.

Andrew C. McCarthy

. . . "If you find such government behavior unseemly, the New York Times will really give you the heebie-jeebies. The Paper of Record, as we shall see, would not only use stolen information; it would encourage the theft—arguably, a felony violation of federal law.

"Once you grasp this, you get a sense of what drivel is the Hunt for Hillary’s Hackers, the latest Russia molehill that the Trump-deranged have fantasized into Mount Elbrus. Served up by the Wall Street Journal, it is the tale of a now-deceased Republican activist’s quest for the 33,000 emails former Secretary of State Clinton hoarded on a private server and attempted to destroy, in violation of various federal laws.

"The heavy breathing belies a principle that should come as no surprise to journalists, as it is their bread and butter. As long as one is not complicit in a theft and has no fiduciary obligation to the victim, he is permitted to exploit stolen information that he chances upon.

"Under the Fourth Amendment, for example, you are protected from the prosecutor’s use against you of evidence the government’s own agents have unlawfully seized from you; you have no protection, though, from a prosecutor’s using against you evidence stolen from you by some non-government actor—as long as the government was not a participant in the theft." . . .