Tag: Telephone tapping

From the War on Terror to the War on Everything

Me, when the NSA story broke:

we know that these powers, especially when they lurk in secret, only have a tendency to expand. Powers intended for terrorism rapidly extend to drugs (which often involve foreign agents) and are then extended to ordinary crime. Think about the Constitution-shredding tactics used in the War on Drugs — asset forfeiture, for example — and how they been extended beyond the War on Drugs. Once you give our government a hammer, they will get the courts to rule that everything is a nail.

Reuters today:

A secretive U.S. Drug Enforcement Administration unit is funneling information from intelligence intercepts, wiretaps, informants and a massive database of telephone records to authorities across the nation to help them launch criminal investigations of Americans.

Although these cases rarely involve national security issues, documents reviewed by Reuters show that law enforcement agents have been directed to conceal how such investigations truly begin – not only from defense lawyers but also sometimes from prosecutors and judges.

The undated documents show that federal agents are trained to “recreate” the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendant’s Constitutional right to a fair trial. If defendants don’t know how an investigation began, they cannot know to ask to review potential sources of exculpatory evidence – information that could reveal entrapment, mistakes or biased witnesses.

“I have never heard of anything like this at all,” said Nancy Gertner, a Harvard Law School professor who served as a federal judge from 1994 to 2011. Gertner and other legal experts said the program sounds more troubling than recent disclosures that the National Security Agency has been collecting domestic phone records. The NSA effort is geared toward stopping terrorists; the DEA program targets common criminals, primarily drug dealers.

You see that? If Reuters’ reporting is accurate, they’re being fed data from War on Terror sources, then using that to launch their investigations, after which they cover up their tracks. They then go into court and perjure themselves claiming that the investigation originated elsewhere. While technically no information is presented that violates exclusionary rules, the privacy of Americans is thoroughly and systematically gutted.

I’m awaiting further reporting on this subject. But if Reuters’ account is born out, this is an extremely serious scandal.

Update: More from the NYT. The agencies are clamoring for NSA data.