In criminal law the doctrine of “the fruit of the poisonous tree” is meant to exclude from a court of law evidence which was illegally obtained. This principle could have been applied by Trump’s legal advisers, but they did not do so.
The Fruit of the Poisonous Tree is “a doctrine that extends the exclusionary rule to make evidence inadmissible in court if it was derived from evidence that was illegally obtained. As the metaphor suggests, if the evidential "tree" is tainted, so is its "fruit." The doctrine was established in 1920 by the decision in Silverthorne Lumber Co. v. United States, and the phrase "fruit of the poisonous tree" was coined by Justice Frankfurter in his 1939 opinion in Nardone v. United States.
Like the exclusionary rule itself, this doctrine is subject to three important exceptions. The evidence will not be excluded:
The bogus Articles of Impeachment were created after the Democrats illegally refused to follow due process within the House. After that Nancy Pelosi illegally hung on to them for over a month, which also should have been reason enough to throw them out. In fact since talk of impeachment began even before Mr. Trump took office, the whole process was suspect from day one. Yet no one shut down this sham impeachment, but chose to allow a media circus to go on and on. At a cost of millions (or billions) of dollars and hundreds of thousands of man-hours.
Then those articles should have been thrown out by the Senate and the Chief Justice because the so-called “evidence” was bogus and it was also illegally obtained. The Mueller Witch Hunt was also illegal since the FISA warrants were illegally obtained. Yet no one shut down the impeachment process in the House of Representatives, nor did anyone throw out the bogus “Articles of Impeachment”, or shut down Schiff in the Senate, when he brought up the Mueller Witch Hunt (which proved that there was no Russian Collusion on the part of the President).
Furthermore, Alan Dershowitz, who is the constitutional expert on Trump’s legal team, should have been the one to go to the Senate and request for an immediate dismissal even before Schiff started his shenanigans in the Senate. Dershowitz has made it clear that according to the Constitution there were NO high crimes and misdemeanors by President Trump, therefore no grounds for impeachment whatsoever. In fact there was treason by Mr. Obama and his administration vis-a-vis Iran, ISIS, and the Mexican cartels, which was not even addressed at any time by anyone.
At the same time what should really have been hammered home to the Senate and the general public was the Leftist conspiracy to overthrow the Constitution, democratic elections, and a legally elected president. This was sedition and treason, and all the democrats should have been in the dock.
The Democrat party has (a) nothing to offer America, (b) no viable presidential candidates, and (c) no desire to uphold the Constitution and the laws of the land. Therefore they are doing their utmost to subvert everything while the feckless Republicans stand by and do nothing. They want to stop Trump for running in the next election, therefore they are abusing their powers while everyone simply looks on. How shameful is that?
The Fruit of the Poisonous Tree is “a doctrine that extends the exclusionary rule to make evidence inadmissible in court if it was derived from evidence that was illegally obtained. As the metaphor suggests, if the evidential "tree" is tainted, so is its "fruit." The doctrine was established in 1920 by the decision in Silverthorne Lumber Co. v. United States, and the phrase "fruit of the poisonous tree" was coined by Justice Frankfurter in his 1939 opinion in Nardone v. United States.
Like the exclusionary rule itself, this doctrine is subject to three important exceptions. The evidence will not be excluded:
- if it was discovered from a source independent of the illegal activity;
- its discovery was inevitable;
- or if there is attenuation between the illegal activity and the discovery of the evidence.”
The bogus Articles of Impeachment were created after the Democrats illegally refused to follow due process within the House. After that Nancy Pelosi illegally hung on to them for over a month, which also should have been reason enough to throw them out. In fact since talk of impeachment began even before Mr. Trump took office, the whole process was suspect from day one. Yet no one shut down this sham impeachment, but chose to allow a media circus to go on and on. At a cost of millions (or billions) of dollars and hundreds of thousands of man-hours.
Then those articles should have been thrown out by the Senate and the Chief Justice because the so-called “evidence” was bogus and it was also illegally obtained. The Mueller Witch Hunt was also illegal since the FISA warrants were illegally obtained. Yet no one shut down the impeachment process in the House of Representatives, nor did anyone throw out the bogus “Articles of Impeachment”, or shut down Schiff in the Senate, when he brought up the Mueller Witch Hunt (which proved that there was no Russian Collusion on the part of the President).
Furthermore, Alan Dershowitz, who is the constitutional expert on Trump’s legal team, should have been the one to go to the Senate and request for an immediate dismissal even before Schiff started his shenanigans in the Senate. Dershowitz has made it clear that according to the Constitution there were NO high crimes and misdemeanors by President Trump, therefore no grounds for impeachment whatsoever. In fact there was treason by Mr. Obama and his administration vis-a-vis Iran, ISIS, and the Mexican cartels, which was not even addressed at any time by anyone.
At the same time what should really have been hammered home to the Senate and the general public was the Leftist conspiracy to overthrow the Constitution, democratic elections, and a legally elected president. This was sedition and treason, and all the democrats should have been in the dock.
The Democrat party has (a) nothing to offer America, (b) no viable presidential candidates, and (c) no desire to uphold the Constitution and the laws of the land. Therefore they are doing their utmost to subvert everything while the feckless Republicans stand by and do nothing. They want to stop Trump for running in the next election, therefore they are abusing their powers while everyone simply looks on. How shameful is that?
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