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Saturday, January 14, 2012

Fruit Of The Poisonous Tree

There is a legal concept called Fruit of the Poisonous Tree.  It means that any evidence found in an illegal search and seizure is the Poisonous Tree. Any evidence gleaned from the illegally obtained evidence is the fruit and thus the Fruit of the Poisonous Tree.

I would be like this, say the police in your little town decide to do a knockless raid on a drug dealers house, but instead, because of a clerical error, they knock down your door and find your kid's bag of pot in his nightstand.  Now, because they illegally entered your home, and they seized that pot in an illegal search, looking for drug running info, they cannot touch your son or you.

But it's not just a legal concept.  It's a loophole and one used daily by criminal defense attorneys all over America. It's one we understand innately. You pulled me over for speeding, but I wasn't.  If I allow you to search my car and you find, I don't know... a bloody knife, you'd better pray to God that you locked my speed in before you pursued me because if not, you were rousting me and that, my dear Police Officer, is illegal search and seizure.

What is my point?  Last week Barry made some "recess appointments" when Congress was not officially recessed.  AG Eric Holder came out with a finding that he was within his rights to do that.  Not one politician hoping to be re-elected agreed.  Let me tell you why I don't agree.  Because anything Eric Holder and his Department of Justice do is fruit of one very big poisonous tree.  I no longer recognize their ability to know what is and isn't legal and within the bounds of our Constitution.

First, we have the Black Panther Voting Rights scandal, exposed by J Christian Adams over at PJTV.  He was an attorney in the Voter Fraud Division and blasted the DoJ for its blatant racial bigotry over voting rights.  If you are black you have rights.  If you are not, don't bother showing up or you will be threatened with a beating by a Black Panther with a night stick.  They sold into old racial stereotypes themselves, which tells me it's now perfectly alright to do so. Not only did Mr. Adams blow the whistle on the DoJ, his boss did so as well.  The Democrats did everything in their power to smear both men and whitewash (HA don't you just love irony?) the entire story.

Then we have the DoJ and the ATF running guns in Mexico.  It got a Border Agent killed.  And, they did it so they could enact stronger gun control laws on our populace.  Holder lied in front of a Senate committee about what he knew and when he knew it.  I pointed out at the time, this makes him a liar or incompetent, in which case he should be disbarred.  Being a big fat liar is a per-requisite for being a lawyer and/or Progressive Liberal.

Just those two things, and there are all sorts of hinky things going on at the DoJ and you have a part of our government that is so far out of touch with what is right, Constitutional and Legal as to be in another universe altogether.  Therefore, I do not recognize their right to determine whether or not what Obama did was Constitutional or just.  Therefore, I will not put my faith or trust within that governmental agency to ever do the right thing as long as the current people running it are in office.  I believe the entire agency should be purged, start all over with fresh faces.  Kids who aren't aware that there is a party line they're expected to toe.

So Eric Holder, I hope you choke on your poisonous fruit.  We'll bury you under the poisonous tree you planted all by yourself.

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