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At first Iowa event since 2008, Hillary Clinton teases presidential buzz

The eyes of the political world turned to Iowa on Sunday as Hillary Clinton took the stage at the 37th-and-final Harkin Steak Fry, a political cattle-call and Democratic fundraiser spearheaded by longtime Sen. Tom Harkin, D-Iowa.

Clinton, joined onstage by her husband, former President Bill Clinton, began her speech with an ebullient, "I'm baaaack!"

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Hilary Clinton visits the Hawkeye State for the first time since her 2008 presidential campaign, while Vice President Joe Biden will be there nex...

If those watching were hoping that Clinton would take a step closer to confirming a 2016 presidential bid, they were likely disappointed. But that didn't stop the former secretary of state from teasing the audience with the possibility.

"When Tom Harkin called and asked me to come, I have to admit, I wasn't sure what to say. I've got a few things on my mind these days," she said with a knowing grin as the audience laughed and applauded. She mentioned the imminent arrival of her grandchild, and then clearly nodded at the 2016 buzz.

"Then of course there's that other thing," she said. "It is true, I am thinking about it. But for today, that is not why I'm here. I'm here for the steak."

Clinton offered ample praise for President Obama during her speech, dashing speculation that she might use the opportunity to distance herself from the relatively unpopular president.

"When it comes to moving America forward, we know what it takes," she said. "We've seen it. We've seen it in Tom Harkin, we've seen it in Bill Clinton, and we have seen it in Barack Obama."

"Under President Obama's leadership, our country is on the road to recovery," she continued. "Here in Iowa, for example, exports are up. For farmers, they are way up. Unemployment is down....renewable energy production has quadrupled in Iowa, which means more jobs and a cleaner environment."

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At first Iowa event since 2008, Hillary Clinton teases presidential buzz

Hillary Clinton in Iowa: Fresh start or deja vu?

"It's been seven years, and a lot has changed," Hillary Clinton said Sunday in her first visit to Iowa since the state dealt her presidential campaign a devastating body blow.

But there was a moment in the afternoon when it seemed like not much had.

Roughly 200 credentialed media were gathered in a far corner of the Indianola Balloon Field, the grassy expanse where Sen. Tom Harkin was convening his 37th and final Steak Fry, an annual fundraiser that doubles as a point of entry for ambitious Democrats curious about the Iowa caucuses.

After a 90-minute wait, the press scrum -- scribblers and photographers alike -- were herded like cattle through a series of gates and escorted up to a hot smoking grill, waiting to capture the same image: a staged shot of Bill and Hillary Clinton, fresh out of their motorcade, ritualistically flipping steaks with Harkin.

The Clintons ignored the half-hearted shouted questions from reporters -- "Mr. President, do you eat meat?" -- with practiced ease. They were two football fields away from the nearest voter. Mechanical, distant, heavy-handed: The afternoon spectacle felt a lot like Hillary's 2008 caucus campaign, a succession of errors that crumbled under the weight of a feuding top-heavy staff and the candidate's inability to connect with her party's grassroots.

And then the head fake -- and something different.

After a few minutes, the Clintons walked into a nearby barn, out of view. Most of the media swarm gave up and hustled back to the main event, where nearly 7,000 Democrats were eating red meat and waiting patiently in the sunshine to hear from two of the most famous people in the world.

A few dozen press were still milling about when the duo re-emerged. "There she is!" a television reporter screamed, clamoring for her cameraman.

An early moment of engagement

There she was. Bill, too, walking along a fence and gabbing with a small army of political reporters, a chore that has never come easy for Hillary Clinton, and one she has assiduously avoided since leaving the State Department.

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Hillary Clinton in Iowa: Fresh start or deja vu?

From imperial to accessible, Hillary Clinton works the rope line

When Hillary Rodham Clinton finished third in Iowa during the 2008 presidential race, voters' post-game analysis couldnt have been clearer. She didnt spend enough time in the Hawkeye State. She didnt bond with Iowans. She was the imperial candidate.

Returning to Iowa for the first time Sunday after that excruciating loss, Clinton seemed to have taken those lessons to heart.

After her speech at retiring Sen. Tom Harkin's annual steak fry, Clinton patiently worked the rope line for more than half an hour warmly shaking hands, signing copies of her book and chatting with voters about her soon-to-arrive grandchild.

God bless you, she said repeatedly as voters strained to shake her hand.

She was as circumspect as always about her 2016 plans, but gamely fielded pleas to run.

Youre going to be a great grandma and great president, one fan told her.

Were so ready, a young woman told her moments later.

Thank you very much! Clinton replied brightly, as her interactions with voters were captured by a CSPAN boom microphone towering over the crowd.

Surrounded by Secret Service agents and aides, Clinton worked the rope line Sunday side by side with husband Bill Clinton, who wore a red-and-white gingham shirt that she gave him. Not surprisingly, the former first lady moved more briskly down the line than her garrulous husband, who at one point engaged in a lengthy discussion with a voter about his efforts to foster peace between the Israelis and Palestinians.

The former secretary of State greeted old friends and volunteers from her husbands campaigns and her own.

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From imperial to accessible, Hillary Clinton works the rope line

Volokh Conspiracy: What the posse comitatus case might mean for the future of the exclusionary rule

As Eugene noted, a divided panel of the Ninth Circuit recently held that a child pornography conviction had to be reversed because the evidence was gathered in violation of the Posse Comitatus Act. Steve Vladeck has a post discussing the important and potentially certworthy issue in the case, which is whether a violation of that statute can trigger the exclusionary rule at all.

I confess that my initial reaction was skepticism. Consider Sanchez-Llamas v. Oregon:

We have applied the exclusionary rule primarily to deter constitutional violations. [In t]he few cases in which we have suppressed evidence for statutory violations the excluded evidence arose directly out of statutory violations that implicated important Fourth and Fifth Amendment interests.

Maybe the Posse Comitatus Act can be shown to implicate important Fourth and Fifth Amendment interests, but the Ninth Circuit didnt really show that, and it isnt obvious to me.

More generally, it seems to me that current exclusionary rule doctrine can be read in a couple of different ways:

One is the deterrence theory: Exclusion is appropriate when it seems like theres intentional and/or widespread and/or generally problematic illegality by the government. This refrain appears in a bunch of the cases, and its how the Ninth Circuit framed the analysis. Its not clear, however, that the analysis automatically applies in statutory cases (see above).

A second is the slow destruction theory: Under this theory, the exclusionary rule is unfounded and deleterious, and the rule and its works should be slowly destroyed. Some people read the Courts exclusionary rule precedents to be implicitly working toward this theory. It is not really put forward by the Court as a first-order justification, although quite a few of the opinions do frame their analysis by questioning the rules basis or justification.

Until recently, I would have ended this list there. But I have recently begun to give some credence to a third account of exclusionary rule doctrine put forward by my friend Richard Re in an article called The Due Process Exclusionary Rule.

Richard argues that today many searches and seizures should be seen as part of the criminal process and that the exclusionary rule is thus justified by the Due Process Clause, which forbids a conviction obtained through illegal process. While I am not yet sure that I agree with this view, I think it deserves serious consideration, and is the best alternative to the slow destruction theory that is on offer.

Here is what the article says about statutory violations (footnotes omitted):

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Volokh Conspiracy: What the posse comitatus case might mean for the future of the exclusionary rule

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