Fruit of the Poisonous Tree
(out of the weeds and into the branches of the Russian investigation)
Republican Senator Charles Grassley of Iowa is demanding that Glenn Simpson, the head of Fusion GPS testify to the Senate Judiciary Committee. Fusion GPS is an “intelligence gathering” company founded by Simpson, a former Wall Street Journal reporter. It was used by legal firms, political campaigns and corporations to find out information about opponents.
According to The Guardian, unnamed Republican sources opposed to Trump in the 2016 primaries hired Fusion to do opposition research. As it became clear that Trump would win the Republican nomination, an unnamed Democratic client took over payment for the project.
When the news that the Democratic National Committee had been hacked was revealed prior to the Democratic Convention, Fusion GPS hired Orbis Business Intelligence, a British firm, to look into possible Russian connections to the Trump campaign. Former British Intelligence Agent Christopher Steele used his Russian connections to create a “Dossier” of information involving Trump and Russian connections.
The famous “Steele Dossier” contained multiple charges that the Trump campaign colluded with Russian Intelligence in interfering with the 2016 Presidential election. It detailed connections between Trump operatives and Russian Intelligence. In addition it outlined “kompromat,” or compromising/blackmail information held by Russian Intelligence in regards to both Trump’s finances and his personal sexual behavior.
Through the fall of 2016, and even after the election, Steele continued to add to the Dossier. Though the Dossier was private, details began to come out prior to the election in the publication Mother Jones. In addition, Steele passed the information onto British Intelligence, and the FBI. The entire dossier was finally published in January, prior to the inauguration of President Trump.
The FBI started their investigation of Trump Campaign activities in the summer of 2016. They were interested in the Steele Dossier, and negotiated with Steele to continue his investigations. These interactions seemed to stop when the Dossier became public.
Further journalists’ investigations have substantiated many of the allegations in the Dossier, though parts, particularly about Trump’s personal behaviors, have not been confirmed.
Which brings us back to why Senator Grassley is trying to turn his Senate investigation from the Trump campaign to Fusion GPS and the Dossier.
Fusion GPS also worked for a law firm representing Prevezon Holdings. Prevezon Holdings, a Russian investment company, is accused of getting its assets from money stolen from American investor Bill Browder during the early 2000’s. Browder’s lawyer, Sergei Magnitsky, went to the Russian government to report this stolen money, and instead was jailed himself and ultimately murdered. The US Congress passed the Magnitsky Act in his name, a law sanctioning individuals in Russia who participated in the theft of the funds from Browder or the imprisonment and death of Magnitsky. These sanctions have infuriated the Russian government and President Putin, who potentially has a financial as well as political stake in the sanctions.
Fusion GPS did intelligence gathering work for the law firm of Baker Hostetler as they defended Prevezon against the US Attorney’s lawsuit. Fusion’s work included negative information against both Browder and Magnitsky. Senator Grassley is trying use this to build a connection between the Russian Government and Fusion GPS, and therefore the Steele Dossier.
If he can implicate the Steele Dossier as a “disinformation” campaign by Russian Intelligence instead of an explanation of Trump collusion with Russian Intelligence, then it would demonstrate that a portion of the “Russian Connection” was a Russian attack AGAINST Trump. It would raise factual issues with every part of the Dossier.
In American law there is a precept: nothing can be gained from the fruit of the poisonous tree. What it means is that evidence that is tainted invalidates the entire chain of evidence that comes from it. Examples in regular criminal law are evidence that is attained illegally without warrant, or that could have been altered after it was attained.
Grassley is trying to demonstrate that the Steele Dossier is the fruit of the poisonous tree. His theory: that Russian Intelligence used Steele (knowingly or not) to put disinformation about Trump and his campaign into the American press, and therefore started the “Russian” investigation. If Grassley can raise enough questions about the Dossier’s validity, then Trump defenders will use it as a weapon to try to halt all investigations.
Those pressing for further investigation will argue that regardless of the Dossier, the FBI opened a counter-intelligence investigation before the it was created, and that there is a great deal of evidence that was developed outside and without reference to Steele. They will suggest that even IF the Steele Dossier is a poisonous tree, there is a whole orchard of information beyond it.
Cast of Characters
Charles Grassley – Republican Chairman of the Senate Judiciary Committee
Fusion GPS – Intelligence gathering company operating in US
Glenn Simpson – former Wall Street Journal Reporter – founded Fusion GPS
Orbis Business Intelligence – Intelligence gathering company operating in UK
Christopher Steele – Former British Intelligence Agent with Russian connnections
Steele Dossier – https://www.documentcloud.org/documents/3259984-Trump-Intelligence-Allegations.html
Prevazon Holdings – Russian company accused of looting Heritage Capital Management
Heritage Capital Management – Russian financial company owned by American Bill Browder
Sergei Magnitsky – Russian lawyer hired by Browder to investigate financial theft from his company – after reporting theft to Russian authorities – was jailed and murdered
Magnitsky Act – Law passed by US Congress sanctioning individual Russians involved in theft from Heritage and jailing and death of Magnitsky
