Posts Tagged ‘fruit of poisonous tree’

Is Special Counsel Robert Mueller obstructing justice?

June 22, 2017

American prosecutors often treat the concept of obstruction of justice as if the concept only meant efforts to prevent them from successfully prosecuting a case.  That concept of obstruction might be acceptable in a country like  Nazi  Germany or the Soviet Union, but it is not acceptable in the United States of America.  The U.S. Constitution guarantees rights to American citizens accused of illegal actions.

A prosecutor who uses illegally obtained information in an investigation is guilty of obstruction of justice.   The Constitution guarantees those accused of crimes the right to confront their accusers in court because the British government had allowed convictions based on anonymous claims that might have been fabrications. Government agencies wanting to obtain information by electronic eavesdropping must first obtain approval by a judge.      Eavesdropping information obtained without court approval may be considered “fruit of the poisonous tree” and thus unusable by the prosecution.  The courts may prevent prosecution of individuals whose possible involvement in an activity is learned from “fruit of the poisonous tree”