Home Forums Hunting & Shooting Hunter's Campfire Fruit of the Poisonous Tree

Thanks for the well reasoned responses guys! It just seems to me that it’s impossible to obstruct the investigation of a crime that didn’t exist because the KNOWN evidence that was used as the basis for the investigation was KNOWN to be a lie, the allegation of a crime that was wholly and completely fabricated. The fabrication of the lie about a false crime IS in and of itself a crime but we don’t hear much about that. If Mueller was looking through everyone’s bank accounts and social media posts why didn’t he look into the Clinton Foundation? It also seems that it’s impossible to obstruct justice when justice is not being administered. Obstruction has always been a wide net that’s cast when no other charge/s can be levied. It’s a bullshit charge at all levels because it’s used as a catch-all when no crime has been committed. It’s an emotionally based charge in all levels of LE. I’ve seen it used against people when they’re only mistake was being in the wrong place at the wrong time or a well placed insult that bruised an ego was really their only “crime”.

Happy Easter to everyone except Remsen. 😁

Happy Passover Remsen. 👍

I have to say that Trump was really well advised in this process.

Why wouldn’t the FOTPT doctrine apply to the obstruction of justice accusations? If the democraps made up the collusion allegations, which we now know they did, why wouldn’t that doctrine apply in full force? How can one obstruct “justice” when that justice is based upon lies and false allegations? Why aren’t the dirtbags that proffered those lies in the fake dossier being investigated and charged with obstruction? They did more to obstruct justice and tied the hands of at least 2 branches of government for 2 years while this investigation into unadulterated bullshit took place. Every swinging dick that clogged the airways with their lies should face charges of putting public false allegations and outright lies.....then hung until they’re dead.

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.

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.