[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Taint Review Team

From: Rich Jones <[email protected]>

>Docs via MuckRock show internal DEA training manuals instructing for parallel construction based on classified / illegally obtained information, >combined with an internal review board to shield that information from the public courts.
>"Americans don't like it!"

It appears that these agencies are trying to teach their staff a way to commit a crime, let's call it "obstruction of justice".  In any criminal prosecution, the defense is entitled to receive various kinds of information, see 'Brady material',http://en.wikipedia.org/wiki/Brady_v._Maryland   .   My understanding is that the government is required to disclose to the defendant (and his attorney) any potentially exculpatory information.  This could include the method and manner the government obtained the evidence in question.  Similar is 'Jencks material',  http://en.wikipedia.org/wiki/Jencks_v._United_States ; , and 'Giglio material', http://en.wikipedia.org/wiki/Giglio_v._United_States ;    The purpose of obstructing access to the source of the information is to prevent the defense from identifying and questioning the validity of the information, and to prevent the defense from impeaching witnesses who may otherwise want to remain anonymous.  
     The prosecution may want to hide behind their putative ignorance of the information, because it is in the hands of some government agency, but I believe that the prosecution is required to investigate and determine such contacts even if they weren't initially aware of them.  The problem is that the prosecution doesn't actually do that, in many cases.  If the defense learns of the possible true source of that information, they can demand that the material be provided, but if they don't get a relevant disclosure, they might not even know what to ask.
        Jim Bell    
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://cpunks.org/pipermail/cypherpunks/attachments/20140204/5bf81584/attachment.html>