Free Markets, Free People

Daily Archives: August 5, 2013

Give it power and government will abuse it

Seems odd, to me, that we have to point this out every now and then.  The naive trust some people have in government always perplexes me.  It speaks to an ignorance of both human nature and history that is simply profound.

Our latest example? Well, right here from the good old US of A, land of the free, home of the brave … and the DEA:

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.

“Some experts say?”  Really?  Frankly, if all of them aren’t saying it, they’re wrong.  Again, we have laws … you know, rules? … that require federal law enforcement to go through a process to obtain warrants in order to get this sort of information.  And if they don’t, if they get it without a warrant and through other means, it is considered to be unusable in a trial.

So to avoid that, they “recreate”.  In other words, federal agents, at least those in the DEA, are trained to do what?

Lie.

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.

“It is one thing to create special rules for national security,” Gertner said. “Ordinary crime is entirely different. It sounds like they are phonying up investigations.”

Ya think?!  Of course they’re phonying up investigations if they’re obtaining “evidence” via illegal means and the “recreating” the investigative trail to “cover up” where the info originally came from.

Question: how many people have ended up in jail due to the lies of DEA agents?

My guess is hundreds if not thousands.

Of course, any abuse has defenders:

But two senior DEA officials defended the program, and said trying to “recreate” an investigative trail is not only legal but a technique that is used almost daily.

A former federal agent in the northeastern United States who received such tips from SOD described the process. “You’d be told only, ‘Be at a certain truck stop at a certain time and look for a certain vehicle.’ And so we’d alert the state police to find an excuse to stop that vehicle, and then have a drug dog search it,” the agent said.

Can’t imagine why “two senior DEA officials” would defend it, can you?  Oh, yeah, their rear-ends are on the line – so move along citizen, don’t peek behind the curtain, nothing to see here.

You see, there’s a difference between acting on a tip and using information that was illegally obtained.

But apparently that nuance is beyond our two senior DEA officials.

~McQ