Posted on 01/25/2020 11:01:30 AM PST by NoLibZone
Evidence obtained in illegal surveillance would be inadmissible
The ruling by the nation's top spy court that at least two of the four warrants obtained by the Obama administration to surveil onetime Trump campaign adviser Carter Page were "not valid" states that the FBI must "sequester all" relevant information and evidence.
The notation prompted speculation that convictions obtained in Robert Mueller's special counsel investigation that relied on material obtained from the Page surveillance could be voided.
Evidence obtained by authorities through illegal means is not admissible in court cases.
The spy warrants were based largely on the infamous "Steele dossier" of unsubstantiated Russian propaganda funded by Hillary Clinton's campaign and the Democratic National Committee. Former British spy Christopher Steele alleged Page was part of a "well-developed conspiracy of cooperation" between the Trump campaign and Russian government to influence the 2016 election.
TRENDING: 21 attorneys general send letter to Senate blasting 'ruinous' impeachment
U.S. Attorney John Durham is now conducting a criminal investigation into the origins of the Obama counter-intelligence investigation of the Trump campaign.
The Jan. 7 FISA ruling by Judge James Boasberg cited the Justice Department inspector general's finding of "material misstatements and omissions in the applications filed by the government in the above-captioned dockets."
(Excerpt) Read more at wnd.com ...
Wake Me when the ‘above the law Democrats’ pay for their crimes-
Impeach Traitor Roberts for his culpability in the FISA Court abuses.
The FISA court knowingly knew lies were used
to take out an ELECTED PRESIDENT.
The corrupt judges ALL should be indicted
by the US military.
Yes, a very shameful period- As a Nation- We are sliding into liberal chaos and corruption and immorality- very quickly- The right is still fighting it- but we’ve already slid a very long way into the gutter-
President Trump is trying to get us out- but he has a huge hill to climb because of the massive amount of damage the hateful demon inspired left, for the most part, has done-
The right, conservatives, churches etc are all part of ‘The Restrainer’- things are bad now, but they woudl be much worse if we weren’t here to reign in the evil of the left- but unfortunately we are losing ground-
“Fruit of the poisonous tree” baby!
https://en.wikipedia.org/wiki/Fruit_of_the_poisonous_tree
How can anything be a criminal here when there are no arrests. Crimes were committed or they weren’t . Don’t tell us crimes committed themselves.
A large number of churches have leaders and pastors who are unable to say Donald Trump is President. Half baked prayers, sitting on their social justice thumbs, and choosing to not vote is the same as voting for one of these baby-killing Democrats.
The record of case law states that “fruit of the poisonous tree” destroys charges developed from it.
However, “process crimes” are a different matter and it would require showing a direct link between the process crimes and information developed by the government came from the FISA and not from other means.
We do not know how/why they were charged. Papa D appears to be the most likely to have his case tossed. Manafort appears to be the least likely. The Flynn case is somewhere in the middle.
To clarify - we do not know if their charges were directly linked to information developed from the FISA application and eavesdropping.
Does that include Manafort, Stone and FLynn?
There is a legal term called “fruit of the poisonous tree.”
If the evidence, or tree, is tainted, then anything gained from the evidence — the fruit — is tainted as well.
Fruit of the poisonous tree
From Wikipedia, the free encyclopedia
Fruit of the poisonous tree is a legal metaphor in the United States used to describe evidence that is obtained illegally.[1] The logic of the terminology is that if the source (the “tree”) of the evidence or evidence itself is tainted, then anything gained (the “fruit”) from it is tainted as well.
History:
The doctrine underlying the name was first described in Silverthorne Lumber Co. v. United States, 251 U.S. 385 (1920).[2][3][4] The term’s first use was by Justice Felix Frankfurter in Nardone v. United States (1939).[citation needed]
Such evidence is not generally admissible in court.[5] For example, if a police officer conducted an unconstitutional (Fourth Amendment) search of a home and obtained a key to a train station locker, and evidence of a crime came from the locker, that evidence would most likely be excluded under the fruit of the poisonous tree legal doctrine.
The testimony of a witness who is discovered through illegal means would not necessarily be excluded, however, due to the “attenuation doctrine”[6], which allows certain evidence or testimony to be admitted in court if the link between the illegal police conduct and the resulting evidence or testimony is sufficiently attenuated.
For example, a witness who freely and voluntarily testifies is enough of an independent intervening factor to sufficiently “attenuate” the connection between the government’s illegal discovery of the witness and the witness’s voluntary testimony itself. (United States v. Ceccolini, 435 U.S. 268 (1978))
The “fruit of the poisonous tree” doctrine is an extension of the exclusionary rule, which, subject to some exceptions, prevents evidence obtained in violation of the Fourth Amendment from being admitted in a criminal trial.[1] Like the exclusionary rule, the fruit of the poisonous tree doctrine is intended to deter police from using illegal means to obtain evidence.[2]
The doctrine is subject to four main exceptions.[citation needed] The tainted evidence is admissible if:
it was discovered in part as a result of an independent, untainted source; or
it would inevitably have been discovered despite the tainted source; or
the chain of causation between the illegal action and the tainted evidence is too attenuated; or
the search warrant was not found to be valid based on probable cause, but was executed by government agents in good faith (called the good-faith exception).
This doctrine was also used by the European Court of Human Rights in Gäfgen v. Germany.[citation needed] In certain cases continental European countries have similar laws (e.g. in cases of torture), while the doctrine itself is generally not known.[citation needed] Illegally obtained evidence is used by the courts to ensure that the judgment is factually correct, however the person obtaining the illegal evidence typically faces independent consequences.
Tainted Fruit is a potential problem with basically any FBI/DOJ investigation during the Obama FBI/DOJ Thuggery years, not just Mueller’s reign.
Clearly. However, we are talking about DC _law_ not lawful law and actual justice.
[[A large number of churches have leaders and pastors who are unable to say Donald Trump is President.]]
Sadly that’s true- they would have preferred a fetus murdering homosexual promoting president than one who has actually been great for this country-
Any church that feels that way should be a huge red flag- They do not Serve God in heaven-
He went to pro life march yesterday
I believe he was amazed at the size of the crowd
He could also see quite clearly the absence of the USCCB.
Liberal democrats like Schiff and Nadler would really find the only fair election to be the one after they kill or lock up everyone who may have an opposing philosophy on liberty. You know, Republicans. (RINOS excluded)
This fiasco of an impeachment will be one history books will touch on for a century or more.
And the demoncRats will not fair well.
Kind of think of it as a "what not to do" chapter in the textbooks.
For all the FISA abuses that have been documented, I'm pretty sure that none of the evidence obtained through FISA warrants has been used to convict anyone in a court of law. The whole process -- even when applied legitimately -- is such a blatant violation of U.S. constitutional protections that it is used as a counter-intelligence tool, not to support criminal cases.
The treatment of Manaforte was a travesty beyond redemption. He was treated like a war criminal.Placed in solitary confinement.His crime was far less than that of Hunter and Joe Biden.
May he soon be released.
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