On the recordJuly 13, 2022
Mr. Speaker, I rise today to speak in favor of amendment No. 451 for my colleague, Congressman Malinowski. Before I do, though, I am glad that I have the opportunity to respond on my previous amendment regarding the Posse Comitatus law. My colleague in opposition made the claim: Well, what if evidence is obtained by the military lawfully? Would the amendment exclude that? I sought recognition to answer his question, but he did not want to recognize me, and I understand why, because the answer is quite simple from the text of the amendment. The amendment reads: ``Notwithstanding any other provision of law, any information obtained by or with the assistance of a member of the Armed Forces in violation of section 1385 of title 18, shall not be received in evidence,'' and that is the pertinent part of that provision. So the simple answer to my friend's question, what about evidence gathered lawfully? Well, obviously that is not impacted. It is only in the case that the military is used unlawfully, and evidence is gained unlawfully that it would be excluded, much as the fruit of the poisonous tree doctrine that my colleague recognized. If that is true in criminal court, it ought to be true when the military acts in violation of the law. Let me now turn to amendment No. 451 for my colleague, Tom Malinowski. This is a simple and straightforward proposition. It requires a review of any actions by the military in Brazil to interfere with their upcoming elections.…





