On the recordJuly 13, 2022
I find it interesting. Nobody on this side mentioned evidence adduced from unlawful activities should be admitted. Those are words, as so often happens with my colleague, that are being imputed. No. No. I specifically said legal activity. I specifically said if the military is sent down to the border to help. There was no imputation that that would be illegal conduct. What I said was that they obtained evidence of trafficking or smuggling while serving down on the Southwest border. Now, if that is legal conduct, and they encountered evidence of trafficking or smuggling, my query was, should that not be used, should that not be permitted as evidence, and the reality of it is, it should be used for evidence. When we talk about law, for instance, criminal law, if a police officer engages in criminal conduct to obtain evidence, that evidence is suppressed, including additional evidence which is considered the fruit of the poisonous tree. The question here, and the reason that I said this needs to go back for regular order, is what do you do when you are involved in legal conduct, and you happen upon evidence of smuggling or trafficking? That is the real issue here.





