Originally Posted by Remsen
I think the fruit of the poisonous tree doctrine WOULD apply if the case were being heard in a court. What is going on here, though, is that Mueller strategically chose to not make a finding that would have led to criminal charges. Instead, he wrote a report that will be used by the Democrats to impeach in the House and that is not a judicial proceeding, it's a legislative proceeding. I'm not an expert on these things, but I believe Congress creates its own rules for an impeachment proceeding, and only if they choose to include the fruit of the poisonous tree doctrine would it apply. And you can bet that the Democrats will NOT include this in the House proceedings.



Originally Posted by nighthawk
Just remember, the fruit of the poisonous tree doctrine is a judicial remedy for illegally obtained evidence. With a great big exception called inevitable discovery. Not exactly cut and dried. Depends very much on the facts of the instant case.


Correct.
President Trump has not been charged with a crime, therefore the FOTPT doctrine, or any other judicial doctrine/remedy does not apply.

If Donald J Trump were criminal charged then theses points may or may not apply, but with out any criminal indictment there can be no remedy.

Give a man a fish and he eats for a day. Give a man a welfare check, a forty ounce malt liquor, a crack pipe, an Obama phone, free health insurance. and some Air Jordan's and he votes Democrat for a lifetime.