Let's say a prosecutor without a warrant placed a web cam on Cheney's bathtub. The video feed with Scooter, Dick, Karl and even Dub in the tub would not be admissable without a prior warrant.
On the other hand let's say that Scooter, Dick, Karl and even Dub were known or were even associated with certain individuals known to frequent a certain House of Domination...
Here they would openly discuss plans of hegemony and reprisal. Here they would enact indecent crimes of passion and take pleasure in scenarios of pain. Now if such a video just plum dropped out of nowhere on the internet,or showed up at the prosecutors door it very well could be introduced into evidence. There would be of course all kinds of pre trial challenges to such a tape or tapes admissibility in whole and in part.
Patrick Fitzgerald has found himself in the middle of Pulp Fiction. However, unlike Quentin Tarantino, his epic is documentary. In the winnowing process, perhaps all views of Cheney with a strap-on would be redacted as irrelevent, unless he was saying 'I'm really gonna ram it to ..." Similarly, evidence of Bush playin' with himself or Karl Rove ass- whipping a kneeling Pat Robertson wearing a leather belted bright red ball gag will not make the final cut.
You can be assured that not only has more (sordid) material been classified as noted in Anne Franks remark, it is also being cross referenced to prevent the extraction of an evidentiary death blow by Fitzgerald. A Smoking Gun. The tactical and procedural problem for Fitzgerald's investigation is , How do you get in to the House of Pain? Who was involved in wielding Cheney's dildo?
This is where Abramoff and Scanlon come in. These guys were engaged in more than a little freelance cocksucking.
And guess what? To disabuse any dreamers of the notion of the good old days: There was always a cube van down the block, inside of which were Men in Black. Cheney's greed and reach is the casus belli from which he has made so many enemies. In this respect, Fitzgerald is the tempermental opposite of Cheney. Fitzgerald is proceeding without embellishment . He is plugged-in and allied with a rare fraternity among U.S. Attorneys and the FBI. A significant number of these guys are ex military Special Forces types and technical intelligence people. The "if your a friend of X, you're a friend of mine" headset. These are guys who have no respect for Gonzales or any other non dues payin' , no-earned-stripes office pinkies. Fitzgerald rates as the younger brother made good, while they were away seein' their buddy's head blown off in 'Nam.
Fitzgerald, as we have already seen, will in no way play his case in the press. But that does not mean that the prosecution will not benefit from matters revealed in the media. There is the legal predicate that the fruit of the poisonous tree (tainted evidence) may not be introduced in criminal trials. It will be interesting to say the least to see the Republicans, triangulating artisans of the well placed leak and longtime advocates for lowering the bar of prosecutorial burden wrestle with these very issues. It is as if they have engendered the very wrath of the Lord.
Having abandoned the poor and waged war on the weak, they have ushered no faith in the Public Forum. I would argue, instead that they have invited the vengeance of a God they fear not. They are fools with feeble faith that their lawyers will save them from what they fear most: It is a narrow public disclosure of priveleged incrimination that render their claims of inadmissability moot.