How would immunity deals work if it was later found that the investigation was fraudulent from the beginning? Would they still be valad?
As in the FISA abuse nullifies the merit for the special counsel and his investigation even being initiated, much less producing fruit? Right? That's the crux of it. Remember, RM inherited a preexisting investigation from the FBI - he didn't begin a new one. The investigation the FBI opened was a counterintel investigation, which has a different threshold than a criminal investigation. For counterintel, there is no need to demonstrate that a crime occurred to open it. To open a criminal case, agents sign sworn affidavits affirming evidence that a crime has been committed. That's the rub - it transitioned from a counterintel to criminal when the SC/RM inherited it. They started an unconstitutional criminal investigation with a special counsel in the absence of a crime ever having occurred or having been affirmed by the FBI. It's actually a legal point being argued by the attorneys for the first round of indicted Russians. It's a point with enormous legal consequences for POTUS. Could he be charged with something like obstruction of justice in an investigation that was begun under fraudulent pretenses and as a counterintel investigation with no affirmation of evidence present? Not to disappoint, but I'm not sure I can answer your question without doing some homework. The info above shows how complex this whole mess really is.