Archive for March, 2019

Fruit of the Poisonous Tree

March 26, 2019

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Fruit of the Poisonous Tree

By Dahni
© 2019, all rights reserved

The Mueller Report, no matter what it contains or what is released to the public, should be rejected by all, for it is, “Fruit of the poisonous tree.”•

•source link: Cornell Law

“Fruit of the Poisonous Tree” Legal Doctrine

“The exclusionary rule mandates that evidence obtained from an illegal arrest, unreasonable search, or coercive interrogation must be excluded from trial. Under the fruit of the poisonous tree doctrine, the evidence is also excluded from trial if it was gained through evidence uncovered in an illegal arrest, unreasonable search, or coercive interrogation.”

source: legal-dictionary thefreedictionary.com

Perhaps another legal doctrine may be familiar and similar to you, your Miranda Rights.

“Miranda Rights are named after the landmark US Supreme Court case Miranda v. Arizona. Ernesto Miranda was arrested for stealing $8.00 from an Arizona bank worker. After two hours of questioning, Miranda confessed not only to the robbery, but also to kidnapping and rape. When he was brought in for questioning, he was never told that he did not have to speak to police, or that he could consult with a lawyer; he simply confessed to the crimes. He was found guilty.”

“Miranda’s conviction was appealed to the United States Supreme Court. The Justices ruled that the statements Miranda made to the police could not be used as evidence against him because, he had not been advised of his Constitutional rights. Since this decision, police are required to recite the Miranda warning to suspects before, any questioning is conducted.”

“The Miranda case did not establish new rights, but rather instituted further protection of Fifth and Sixth Amendment rights.”

source: Legalzoom.com

WOW, from a known criminal and for an initial charge of just $8.00 theft, but who also confessed to kidnapping and rape, we have this namesake legal doctrine of Miranda Rights! What happened to him?

“Ernesto Miranda did, indeed, get a new trial based on the Supreme Court ruling, and his original confession was thrown out. However, based on the evidence, Miranda was again convicted of kidnapping and rape, and served 11 years in prison before being paroled in 1972. In 1976 at the age of 34, Miranda was stabbed to death in a barroom brawl. Police arrested a suspect in the killing who, after choosing to exercise his Miranda Right to remain silent, was released without being charged for the crime.”

source: Legalzoom.com

Now don’t you wonder how the prosecution ever knew about “evidence” to look for in this second case? I do. Technically, Miranda should have only been charged and convicted, for the initial crime and charge of $8.00 in theft!

Exceptions (loopholes) to the Miranda Rights? But of course (sarcasm). Each state must follow the four points, but each state writes their own rules, for applying them. One exception is…

“We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court.”

used by:  Some police departments in Indiana, New Jersey, Nevada, Oklahoma, and Alaska

In other words, we are not going to pay for your attorney, you the interrogated or charged are. We will appoint one (our choice as to which one), IF you wish and IF you go to court. This exception gets the taxpayer off the hook and it’s good for lawyers that are are all generally paid, win or lose. And it could be good for the prosecution too.

Unfortunately, for certain people, these two legal doctrines (Miranda Rights and Fruit of the Poisonous Tree), though designed to protect individual rights, have exceptions (loopholes). Law, which is supposed to protect the law-abiding and punish the lawless, is so constructed that often the lines between guilt and innocence are blurred. Exceptions (interpretation of law), are often just a tool of government, to circumvent constitutional rights or to shield and/or justify its own actions. In other words, if it is in the government’s best interest with exceptions, it can interpret the law and seize constitutional rights, as if it is their property or not prosecute at all, if it is one of their own or not in their interest. Does a counterintelligence, an FBI investigation or did Mueller’s investigation, support or seize the individual’s rights? There can be no silence or opposing counsel to help those being questioned, by the government and this should be illegal! Neither is it legal to require sworn testimony of some, but not of others. These exceptions to the law, makes law, useless in our Republic!

The special counsel (Mueller Investigation), was begun without legal precedent. It only had the appearance of being legal. It never met the legal requirements, for a special counsel to operate. It only had the appearance of a legal operation. The named individuals on the counsel were openly and blatantly chosen, despite bias, partisan politics and many of its lawyers conflicted or known to have corrupt practices of their own. There is simply no way this counsel could muster public trust and is but “fruit from the poisonous tree.” It was hidden from the public, it was empowered to serve. The scope of its power, its tactics, its randomly veering off its mandate (at its own discretion), its refusal to release certain information and it leaked information as it suited them while ruining lives. And it prevented even Congress charged with judicial oversight and other investigators from interviewing potential witnesses and documents non-redacted, keeping it to themselves and secret, all in the name of national security or not compromising an on-going investigation. Charged to look into one thing, they looked into many other things. This is just, “fruit from the poisonous tree.”

Some of the “fruit of the Poisonous Tree”

However, after nearly two years, countless hours of investigating companies, countries, private individuals and public officials; after the near constant media and public distraction, all who waited in mistrust and fear or waiting with bated breath, for the release of what many already believed was true, before it even began, it has been released to the Attorney General (AG). After untold millions of dollars paid for by the United States Taxpayer, The Confidential Mueller was ended.

By law, it has been delivered to the deputy attorney general, who authorized the investigation. The investigation was to determine whether or not, the Russian government, working with certain US citizens colluded with and conspired with, to influence the 2016 presidential election. By law, the deputy attorney general immediately delivered this report to the US Attorney General. By law, the AG immediately delivered a letter to the Chairman and ranking member of the House of Representatives, Judicial Committee, and the Chairman and ranking member of the Senate Judicial Committee. And the same he released to the public. By law, all were notified that the AG was in receipt of the Confidential Mueller Report and that:

1. The investigation had ended and no new indictments would be coming or are left hidden.
2. More information to these individuals of the two judicial committees was promised to be forthcoming and perhaps as early as, the following weekend.

The above, by law, and as promised, more information was delivered by the AG (signed by both the AG and the deputy AG), to the specific four members of Congress and simultaneously to the public.

This summation stated:

1. No collusion or conspiracy was found
2. The AG and deputy AG concurred, there is no sufficient evidence to pursue obstruction of justice

But this summation by law, is not good enough for many and they clamor loudly, daily and incessantly, for the release of the full report and all documents, which were used to make up the Mueller Report. Without the patience, for the release of as much as possible and as promised, foolishly and ignorantly they are distrusting the integrity of the AG, and in essence, are inciting him to break the law and to commit perhaps multiple felonies, in releasing information which may contain:

  1. sealed Grand Jury information
  2. classified information
  3. presidential privileged information

The damage already done to our Republic is so great, as it is now, it will take a long time to repair it!

Though the length of this investigation is not the longest one on record, but because of its almost endless and daily coverage by most of all media, blinding our eyes with it and blaring it in our ears daily, it certainly seemed like it was! For no other reason, I am relived, it is now over!

I am relieved…

…not to rejoice in the vindication of the president and anyone associated with him.

I am relived…

…not to criticize, condemn or complain about anyone whose expectation was that collusion, conspiracy and/or obstruction of justice, justified this investigation.

I am relived…

…I am just relived that no foreign power colluded, conspired and obstructed justice, to interfere with, the 2016 presidential election of, WE the People!

It would be apropos if WE the People could now focus our efforts upon matters of great importance to the Republic of, The United States of America, But this report, no matter what it concludes and whatever is released to the public is, but “fruit from the poisonous tree.” It should be rejected by every individual in our Republic. One cannot obstruct justice from collusion/conspiracy, which does not exist. Sadly, I suppose, this is just the end of the beginning?

But just because someone (anyone), appears to be guilty or is made out to be guilty, charged as if they are guilty, and convicted in the court of public opinion, does not make it so. To usurp an individual’s (any individual citizen of the United States), constitutional rights is, “fruit of the poisonous tree!” Any results (consequences meted out), by anyone; from any such manner or method is, “fruit of the poisonous tree!” Perjury traps violate constitutional rights. Gather the evidence legally. Indict or charge. Convict or dismiss. Acquit, set free and make whole. There should never be an exception to anyone, for any reason or under any circumstance, for the use of, “fruit of the poisonous tree!” 

Anyone (any citizen), charged and found guilty, by way of “fruit from the poisonous tree,” should have all charges dismissed, their rights restored and restitution made to them, for any loss. Anyone that relies on or uses “fruit of the poisonous tree,” should suffer the consequences and/or be made to pay, for using “fruit of the poisonous tree.”

Without exception (without interpretation), I do not want the guilty to go free, but neither do I want the innocent to be bound due to, “fruit of the poisonous tree!”

The damage done to our Republic and to individuals these past several years is innumerable and not because of the doctrines to protect the individual’s (all individual citizens) rights. It is the exceptions (interpretations), in using, “fruit of the poisonous tree!”