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We are called upon for the second time to review affirmance by the Circuit Court of Appeals for the Second Circuit of petitioners' convictions under an indictment for frauds on the revenue. In Nardone v. United States, 302 U.S. 379 , 58 S.Ct. 275, this Court reversed the convictions on the first trial because they were procured by evidence secured in violation of 605 of the Communications Act of 1934, c. 652, 48 Stat. 1064, 1103; 47 U.S.C., 605, 47 U.S.C.A. 605. For details of the facts reference is made to that case. Suffice it here to say that this evidence consisted of intercepted telephone messages, constituting 'a vital part of the prosecution's proof'.
This Court found that the logically relevant proof which Congress had outlawed, it outlawed because 'inconsistent with ethical standards and destructive of personal liberty.' 302 U.S. 379, 384 , 58 S.Ct. 275, 277. To forbid the direct use of methods thus characterized but to put no curb on their full indirect use would only invite the very methods deemed 'inconsistent with ethical standards and destructive of personal liberty.' What was said in a different context in Silverthorne Lumber Co. v. United States, 251 U.S. 385, 392 , 40 S.Ct. 182, 183, 24 A.L.R. 1426, is pertinent here: 'The essence of a pro- [308 U.S. 338, 341] vision forbidding the acquisition of evidence in a certain way is that not merely evidence so acquired shall not be used before the Court but that it shall not be used at all.' See Gouled v. United States, 255 U.S. 298, 307 , 41 S.Ct. 261, 264. A decent respect for the policy of Congress must save us from imputing to it a self-defeating, if not disingenuous purpose.
Here, as in the Silverthorne case, the facts improperly obtained do not 'become sacred and inaccessible. If knowledge of them is gained from an independent source they may be proved like any others, but the knowledge gained by the Government's own wrong cannot be used by it' simply because it is used derivatively. 251 U.S. 385, 392 , 40 S.Ct. 182, 183, 24 A.L.R. 1426
Since the Circuit Court of Appeals did [308 U.S. 338, 343] not question its timeliness, we shall not. And the hostility of the trial court to the whole scope of the inquiry reflected his own accord with the rule of law by which the Circuit Court of Appeals sustained him, and which we find erroneous.
The judgment must be reversed and remanded to the District Court for further proceedings in conformity with this opinion.
REVERSED.
The doctrine is subject to four main exceptions.[citation needed] The tainted evidence is admissible if:
1. it was discovered in part as a result of an independent, untainted source; or
2. it would inevitably have been discovered despite the tainted source; or
3. the chain of causation between the illegal action and the tainted evidence is too attenuated; or
4. 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).
originally posted by: DanDanDat
a reply to: Fallingdown
The impeachment process is political; they don't need proof to impeach a president or to remove him from office. They just need enough votes.
originally posted by: DanDanDat
a reply to: Fallingdown
The impeachment process is political; they don't need proof to impeach a president or to remove him from office. They just need enough votes.
originally posted by: shooterbrody
originally posted by: DanDanDat
a reply to: Fallingdown
The impeachment process is political; they don't need proof to impeach a president or to remove him from office. They just need enough votes.
so then why hasnt the dem majority house begun?
are they afraid the people will see that they are going to attempt to overturn a duly elected president for no actual crime?
They are waiting for the optimal political moment. It will probably happen closer to the 2020 election so Trump has difficulty campaigning.
I've never expected this coming from you, wow, I am quite literally speechless.
originally posted by: Jefferton
originally posted by: DanDanDat
a reply to: Fallingdown
The impeachment process is political; they don't need proof to impeach a president or to remove him from office. They just need enough votes.
That will NEVER happen.
Not a Trump fan, but even I know that he has done nothing to deserve that. Is he a good person? Probably not. But he has been good for the state of the country. No one can deny that. He can/will/should have a second term.
The Steele dossier is not what kick started the FBI's direct investigations, which began in July 2016.
'Republicans and the Democrats on the House intelligence committee both say that information about George Papadopoulos, a Trump campaign foreign policy adviser, had prompted the FBI investigation in July 2016'
originally posted by: Arnie123
I've never expected this coming from you, wow, I am quite literally speechless.
originally posted by: Jefferton
originally posted by: DanDanDat
a reply to: Fallingdown
The impeachment process is political; they don't need proof to impeach a president or to remove him from office. They just need enough votes.
That will NEVER happen.
Not a Trump fan, but even I know that he has done nothing to deserve that. Is he a good person? Probably not. But he has been good for the state of the country. No one can deny that. He can/will/should have a second term.
originally posted by: smurfy
First off,
Search for Aleksej Gubarev, XBT Holdings...known to have Russian spies using his network in continuity.
Secondly,
The Steele dossier is not what kick started the FBI's direct investigations, which began in July 2016.
search;
'Republicans and the Democrats on the House intelligence committee both say that information about George Papadopoulos, a Trump campaign foreign policy adviser, had prompted the FBI investigation in July 2016'
So in any case, the need to investigate was already there and a FISA would certainly be justified.
originally posted by: DanDanDat
a reply to: Fallingdown
The impeachment process is political; they don't need proof to impeach a president or to remove him from office. They just need enough votes.