Generally this would be remedied by a suppression of evidence, but if the ultimate goal isn’t actually gathering evidence against anyone, but rather gathering information they couldn’t get legally, this remedy seems woefully inadequate. Someone with a more precise knowledge of Federal Criminal Procedure will have to help determine how tied her hands were, but if I remember correctly the review in granting a search warrant is limited to the information contained in the four corners of the sworn affidavit. One can see how this can be abused if convictions aren’t your ultimate goal. I think an issue we are going to face is that many of the illegal actions by the administration will not have an adequate remedy as some irreversible damage will already been done, e.g., the chilling of speech by going after perceived enemies without probable cause. If the administration and DOJ don’t discipline within ranks, qualified and absolute immunity for the various government officials will probably leave little disincentive for avoiding illegal acts and false statements. I’m not much more confident in the efficacy of the threat of internal review and discipline by FBIAA or the FBA.
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