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Hole in Bush excuse:Information obtained illegally can't be used in court

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Marleyb Donating Member (736 posts) Send PM | Profile | Ignore Sat Dec-24-05 11:46 AM
Original message
Hole in Bush excuse:Information obtained illegally can't be used in court
Okay, so they want us to believe that they have to pursue illegal wiretaps in order to catch the terrrrist evildoers. However, any information they obtain in these illegal wiretaps cannot be used in court because it was obtained illegally.

How is that helping the war on terrorism? They are creating a situation where if they do catch a terrorist, he/she will get off on a technicality.

What am I missing?
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Salviati Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 11:48 AM
Response to Original message
1. because anyone that they catch and accuse of being a terrorist
won't see the inside of a courtroom...
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trotsky Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 11:48 AM
Response to Original message
2. They planned for that.
If you're a terrorist, you're also an "enemy combatant" and thus the Constitution and Geneva Conventions don't apply to you. Remember the big stink about having military tribunals? No such thing as "illegal evidence" for a tribunal of the sort the neocons set up.
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agates Donating Member (743 posts) Send PM | Profile | Ignore Sat Dec-24-05 11:51 AM
Response to Original message
3. Court? Who needs court?
It doesn't matter if the evidence is tainted since they have no intention of using the criminal justice system.

Bushco can and does just snatch "suspected terrorists" up and send them to Gitmo or to secret eastern European prisons.

To these bastards, the justice system is just a quaint historical matter, kind of like the Geneva Conventions and the Constitution.
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Spider Jerusalem Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 11:52 AM
Response to Original message
4. Who said anything about courts and trials?
Anyone jailed on the basis of evidence obtained in contravention of the law would be imprisoned in contravention of the law: without charges, without counsel, without trial, for some indeterminate period of time. You forget that they've also used the "war on terror" as an excuse to scrap that tired old nonsense about "fair and speedy trial" and "a jury of one's peers" and "cruel and unusual punishment", not to mention the Geneva and Hague conventions.
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mrcheerful Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 11:53 AM
Response to Original message
5. Your missing the part where they don't tell the courts
how they got their information. Its very easy in todays world for law enforcement to lie and falsify evidence to convict people they want off the streets. Ask anybody who thought they had the right to remain silent and found out that theres loop holes now in those rights.
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The2ndWheel Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 11:54 AM
Response to Original message
6. You're still debating the legality of things
This is about will. We debate this this law and that, they do what they want, and we sit here and say, "how...wait...they can't do that." But then they do it anyway. Then do it again and again.
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Virginian Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 11:55 AM
Response to Original message
7. Do they mean their enemies or our enemies?
Are they spying on their political opponents?

Naw, that is what Nixon would do. Well, it has been done before... Just because Nixon got caught doesn't mean it is illegal for frat boy to do it. After all, the same laws don't apply to him.
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HereSince1628 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 12:26 PM
Response to Original message
8. Um, they don't want court cases, they want targets to eliminate.
Let's keep a proper perspective on this.
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kenny blankenship Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 12:28 PM
Response to Original message
9. Like they said
warrantless spying on Americans is so they can kill them without a paper trail leading back to the White House.
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Marleyb Donating Member (736 posts) Send PM | Profile | Ignore Sat Dec-24-05 12:39 PM
Response to Original message
10. The real question is....
How would Bush respond if a reporter asked him this?

Maybe now is a good time to have a national discussion about military tribunals?
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jim3775 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 12:41 PM
Response to Original message
11. That's probably why there haven't been any terrorist convictions
not obtained by plea bargain since 9/11.
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peanutbrittle Donating Member (605 posts) Send PM | Profile | Ignore Sat Dec-24-05 01:05 PM
Response to Original message
12. Some research for those interested
I haven't read all of this yet,,but found it interesting for those concerned about our 4th ammendment rights:

Ashcroft law:



PREAMBLE
As the primary criminal investigative agency in the federal government, the Federal
Bureau of Investigation (FBI) has the authority and responsibility to investigate all criminal
violations of federal law that are not exclusively assigned to another federal agency. The FBI
thus plays a central role in the enforcement of federal laws and in the proper administration of
justice in the United States. In discharging this function, the highest priority is to protect the
security of the nation and the safety of the American people against the depredations of terrorists
and foreign aggressors.
Investigations by the FBI are premised upon the fundamental duty of government to
protect the public against general crimes, against organized criminal activity, and against those
who would threaten the fabric of our society through terrorism or mass destruction. That duty
must be performed with care to protect individual rights and to insure that investigations are
confined to matters of legitimate law enforcement interest. The purpose of these Guidelines,
therefore, is to establish a consistent policy in such matters. The Guidelines will enable Agents
of the FBI to perform their duties with greater certainty, confidence and effectiveness, and will
provide the American people with a firm assurance that the FBI is acting properly under the law.
These Guidelines provide guidance for general crimes and criminal intelligence
investigations by the FBI. The standards and requirements set forth herein govern the
circumstances under which such investigations may be begun, and the permissible scope,
duration, subject matters, and objectives of these investigations. They do not limit activities
carried out under other Attorney General guidelines addressing such matters as investigations
and information collection relating to international terrorism, foreign counterintelligence, or
foreign intelligence.
The Introduction that follows explains the background of the reissuance of these
Guidelines, their general approach and structure, and their specific application in furtherance of
the FBI’s central mission to protect the United States and its people from acts of terrorism. Part
I sets forth general principles that apply to all investigations conducted under these Guidelines.
Part II governs investigations undertaken to prevent, solve or prosecute specific violations of
federal law. Subpart A of Part III governs criminal intelligence investigations undertaken to
obtain information concerning enterprises which are engaged in racketeering activities. Subpart
B of Part III governs criminal intelligence investigations undertaken to obtain information
concerning enterprises which seek to further political or social goals through violence or which
otherwise aim to engage in terrorism or the commission of terrorism-related crimes. Parts IV
through VII discuss authorized investigative techniques, dissemination and maintenance of
information, counterterrorism activities and other authorized law enforcement activities, and
miscellaneous matters.
These Guidelines are issued under the authority of the Attorney General as provided in
sections 509, 510, 533, and 534 of title 28, United States Code.

more---- http://www.usdoj.gov/olp/generalcrimes2.pdf

findlaws discussion regarding this law :

"I ALWAYS FEEL LIKE SOMEBODY'S WATCHING ME":
A Fourth Amendment Analysis Of The Fbi's New Surveillance Policy
http://writ.news.findlaw.com/amar/20020614.html

Just thought I'd throw this out here for discussion
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peanutbrittle Donating Member (605 posts) Send PM | Profile | Ignore Sat Dec-24-05 01:27 PM
Response to Reply #12
14. It would appear
According to Ashcroft himself

A FULL INVESTIGATION would warranted on the POTUS

B. FULL INVESTIGATIONS

snip---

(iv) depriving individuals of any rights secured by the Constitution or laws of the United States

http://www.usdoj.gov/olp/generalcrimes2.pdf
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Skidmore Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-24-05 01:13 PM
Response to Original message
13. How would we know....the courts are secret.
Edited on Sat Dec-24-05 01:14 PM by Skidmore
And if they pick the judges, we have Star Chambers.
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