The “fruit of the poisonous tree doctrine” is a well-known legal hurdle that I’m guessing the government won’t clear. Essentially, it means that as soon as some illegal event takes place during an investigation – such as failure to Mirandize or obtain a search warrant – any evidence gleaned AFTER that illegal event cannot be used by the prosecution. They can try, of course, but a motion to suppress, based on the above cited doctrine, would undoubtedly be upheld. If most of the critical evidence is suppressed, what kind of case do they have then???

GoldenEagle4444 on November 25, 2009 at 7:01 PM

There is one way to get around the “Fruit of the Poisonous Tree” Doctrine, and that is the “Doctrine of Inevitable Discovery”. In other words, if the Prosecution can show that the ‘tainted’ evidence would’ve inevitably been discovered through other means other than the means which tainted the evidence in the first place, then the evidence does not get excluded because the ‘taint’ is removed by this Doctrine.

Just a thought…

Don’t know if this Doctrine is even applicable but I agree with your point, i.e., that the trial Judge is likely to exclude KSM’s confessions as tainted by waterboarding.

I suspect Holdren’s affirmative action Federal Prosecutors hand-picked for this trial, already realize that they can’t get around the tainted evidence and thus are fully expecting to see KSM (and others) immediately released after their first evidentiary hearing. Isn’t that their endgame of moving these trials to a criminal court in New York in the first place? I would argue it is.

Thereafter, come the lawsuits by KSM (and others) for their prolonged detention in Gitmo. Expect a jury stacked with Leftists to award these men millions in taxpayer dollars, if not billions. Who says terrorism doesn’t pay?

ultracon on November 26, 2009 at 1:28 PM

- – - – - -

they will probably vote in term limits when they vote to dismantle their pention program and their health insurance and to reduce their salary. That the problem with these crooks! I agree with your thought but it will nevah happen as there is no accountability for these morans and no recourse other than wait 2-5 years for another vote.

By referendum we should enact public floggings, beatings, take away their assets and exile them out of this country.

I’m also sure that if by some fluke the judge ignores the threats, it’ll be the best thing that could ever happen in terms of getting rid of Obama.

Imagine the blame that would be laid at his feet for freeing a terrorist onto Americas streets. The terrorist would be under 24 hour surveillance and unable to harm anyone and the Democrats would be pushed out of office in a landslide. This decision may just spare the Republic for a time.

Maxpower on November 25, 2009 at 6:14 PM

To war against tyrrany.

Gettysburg will work.

While you’re still trying to figure out which side of the gun to point where, we’ll have all of that kind of stuff figured out.

So there is an upside to clinging to our guns.

Yes TROLLs … dissent is unpatriotic…you hypocritical fuqs

CWforFreedom on November 25, 2009 at 6:18 PM

Not according to Dave Rywall’s girlfriend…ehh:

http://www.youtube.com/watch?v=NJxmpTMGhU0

dthorny on November 26, 2009 at 8:07 AM

I apologize for the video, please feel free to gargle with bleach to remove the aftereffects.

Yes TROLLs … dissent is unpatriotic…you hypocritical fuqs

CWforFreedom on November 25, 2009 at 6:18 PM

Not according to Dave Rywall’s girlfriend…ehh:

http://www.youtube.com/watch?v=NJxmpTMGhU0

Daily Texan: The evils of torture

…Torture is an absolute evil, an archaic practice that should have long been abandoned by the United States but instead has become institutionalized and justified at the expense of our country’s moral integrity… [blah, blah, blah]

/comments thread open

Senator Conrad, we won’t leave this country without a fight.

Are you suggesting a Civil War Senator? Or are you just a plain idiot?

Get out the phone book and do an ACORN next election.

We are guilty of doing nothing for several years. Now is the time to stand and deliver. Voting Booth=Term Limits. Vote all of the arrogant mule rears out. Vote for Independent Conservatives. Lets take control of OUR United States again!!!!!!!!!!!!!1

I focused on military history during my graduate degree in History

So how does it feel being unemployed?

Oh Wait……….I have Tim Johnson.

Never mind, I blew up without thinking.

HOWEVER>>> JOHN THUNE!

Military tribunals, ~not SHOW TRIALS FOR JIHAD TERRORISTS.

Lindsey Graham is trying to get this decision rejected.

Go Graham!

(First time I’ve ever said that.)

(Referring to G.W.Bush of course)