Fruit of the Poisonous Tree and President Trump
Well, well, well we seem to be in a bit of a quandary. Have you ever heard the law term “Fruit of the Poisonous Tree”? Well according to law.com the definition of Fruit of the Poisonous Tree is:
the doctrine that evidence discovered due to information found through illegal search or other unconstitutional means (such as a forced confession) may not be introduced by a prosecutor. The theory is that the tree (original illegal evidence) is poisoned and thus taints what grows from it. For example, as part of a coerced admission made without giving a prime suspect the so-called "Miranda warnings" (statement of rights, including the right to remain silent and what he/she says will be used against them), the suspect tells the police the location of stolen property. Since the admission cannot be introduced as evidence in trial, neither can the stolen property.
We now know according to HPSCI FISA Memo we may have a Fruit of the Poisonous Tree issue.
In point 4 of the memo we find out the following:
Deputy Director McCabe testified before the Committee in December 2017 that no surveillance warrant would have been sought from the FISC without the Steele dossier information.
We also know from the memo the FBI did not verify the Steele dossier before they submitted it to the Judge and apparently did not bother to tell the judge that. Oh also they forgot to tell the judge that the Yahoo article they corroborated the document with to the court was, well planted by Steele. Point 2 of of the memo stated:
The Carter Page FISA application also cited extensively a September 23, 2016 Yahoo News article by Michael Isikoff, which focused on Page's July 2016 trip to Moscow. This article does not corroborate the Steele dossier because it is derived from information leaked by Steele himself to Yahoo News. The Page FISA application incorrectly assesses that Steele did not directly provide information to Yahoo News—and several other outlets—in September 2016 at the direction of Fusion GPS. Perkins Coie was aware of Steele's initial media contacts because they hosted at least one meeting in Washington D,C, in 2016 with Steele and Fusion GPS where this matter was discussed.
If anything comes from the Mueller investigation it certainly seems that any evidence from an investigation that would have never started without the Steele dossier might just be fruit of the poisonous tree.
If Mueller charges anyone, should the evidence against that person be thrown out?
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