By Andrew P. Napolitano
October 9, 2014
*** begin quote ***
Nevertheless, the NSA’s agents and lawyers felt it necessary to concoct this groundless, disingenuous and fictional legal distinction in order to persuade the FISA court that it is legally acceptable to permit untethered spying so long as the fruits of that spying are not used in criminal prosecutions. Curiously and naively, judges of the FISA court bought that argument.
So, what happens when the spying uncovers ordinary criminal behavior unrelated to national security? In order to keep its hands clean, so to speak, the NSA sends that evidence to the DOJ, whose lawyers and agents in cahoots with the NSA then concoct an explanation as to how the DOJ came upon the evidence. Of course, that explanation curiously and carefully omits the mention of domestic spying. DOJ lawyers know that if the beginning of the process of obtaining evidence is found to be unconstitutional, then the evidence itself can be useless in court.
This is what lawyers and judges call the “fruit of the poisonous tree.”
*** end quote ***
This is deceptive, unlawful and unconstitutional behavior by the Executive Branch.
It undermines the “Rule of Law”.
And the fact that it was done by BOTH the R Bush and the D Obama demonstrates that there is little difference between the D’s and the R’s.
At the very least, there should be dismissals and pardons for ALL defendants who were unfairly convicted.
# – # – # – # – #