Thursday, January 19, 2006

More on Ilegal Tapping- An Interesting Irony

As Hayden testified before the Senate Intelligence Committee in October 2002, the National Security Agency turns over legally obtained evidence to the FBI in a way that prevents FBI agents from knowing its source or sources. If the NSA hides the source of its legally obtained evidence, it certainly also hides the source of any illegally obtained evidence it may be turning over. Neither illegally obtained evidence, nor evidence gleaned from it, can be used in a criminal prosecution. Consequently, an untold number of successful prosecutions are now jeopardized by the possible use of tainted evidence. Such challenges have already begun in the case of Lyman Faris, who is serving a 20-year sentence for conspiring to blow up the Brooklyn Bridge. In other words, the government's reckless adoption of an illegal surveillance program could actually have the effect of undermining the very prosecutions it claims as its successes in the "War on Terrorism."