[Mpls] FBI/Zimmermann

[Loki Anderson]

Assuming the accuracy of the blog and statements within it, I'd think that the search warrant and any evidence obtain with it ought to be ruled inadmissable. The "money" statement with its proper context sounds like the kind of light-hearted quip that the Dean Zimmerman that I remember would make in a relaxed atmosphere. To take a statement from a birthday party and remove any reference to the place and situation under which it was uttered in order to obtain a search warrant is inexcusable. Again, assuming that these are the facts of the case.
 
Loki Anderson (Mr.)
Downtown

"Jordan S. Kushner" <kushn002 at umn.edu> wrote:
I have avoided jumping to any conclusions about the FBI's investigation of 
Dean Zimmermann in the absence of more information. The FBI agent's 
affidavit in support of the search warrant had looked pretty damning on the 
surface, espcially with the claim that the significant allegations were 
backed by audio and video tape. Based on the information provided in Dave 
Tilsen's blog, particularly the item about the context for the "money, 
money, money" statement, it appears that the most corruption comes from the 
FBI, by obtaining its search warrant based on materially misleading 
information, and that same misleading information has been used to deceive 
the public.

Specifically, the FBI affidavit states that the developer informant asked 
Dean what he needed, and Dean responded, "money, money, money." The obvious 
intended implication of the affidavit was that Dean was telling the 
developer what he needed in exchange for his help. The information in the 
Tilsen blog is that this statement was made at a birthday party in front of 
a large number of people, and not in response to any agreement to perform 
any particular favor to any individual. This information appears credible 
because there would be so many witnesses to the incident. The rest of the 
context of the statement "money, money, money" eliminates any
evidence that Dean Z explicily asked for any financial favors in exchange 
for his support for a zoning variance. There is no other significant 
evidence of a quid pro quo.

We are left with an elected official agreeing to try to help a developer 
obtain a legal objective. In an ostensible gesture to reward the elected 
official for his support and encourage continued support, the developer 
responds by making a large contribution to a legal case intended to benefit 
the elected official, and funnels suspicious campaign contributions. 
Unfortunately, this is all standard political practice. The political 
ethics and wisdom of accepting large contributions can and certainly should 
be debated. Based on the information that the FBI thought was important 
enough to provide to the federal magistrate judge, evidence of violation of 
any federal bribery law is absent.

At best, the FBI appears to be on a fishing expedition against Dean 
Zimmerman, and made up a story in order obtain judicial authorization. Their 
motives remain to be discovered. Did they decide to target Dean because he 
is left-leaning Green (sometimes flaky) elected official? Were they just 
trying to catch the easiest fish to show how the feds go after corruption? 
Did informant Carlson take the feds for a ride? It would be most 
informative right now to get the scoop on Gary Carlson. Any insights or 
information?

Jordan S. Kushner
Golden Valley 

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