http://thinkprogress.org/2005/12/28/guilty-terrorists/

Bush's Secret Spying Program: Good News For Guilty Terrorists

At today's press briefing,
http://www.whitehouse.gov/news/releases/2005/12/20051228.html White
House spokesman Trent Duffy was asked about a story in today's New
York Times, which reported that Bush's warrantless domestic spying
program could undermine key terrorism prosecutions:
http://www.nytimes.com/2005/12/28/politics/28legal.html


Q The New York Times reports today that there are several legal
challenges based on the NSA wiretaps. Are you concerned that these
challenges could jeopardize the cases against people you guys have
already described as very bad people?

MR. DUFFY: ...[W]e decline to comment on any pending cases, but I
don't think it should serve as any surprise that defense attorneys are
looking at ways to represent their clients; that's what defense
attorneys do.


Duffy's right, criminal defense lawyers are looking for ways that
their clients can avoid conviction.

And Bush's actions have given them an easy way to do it.

The program violated federal criminal law -- the Foreign Intelligence
Surveillance Act.

As a result, any information collected by the program is inadmissible
in court.

(This principle is called the exclusionary rule.)
http://en.wikipedia.org/wiki/Exclusionary_rule

If that information is critical to the government's case, a guilty
terrorist might be found not guilty.

What's worse, if what the administration says is true, none of this
was necessary.

If all of the surveillance targeted people associated with al Qaeda,
as the administration claims, it would have been easily approved by
the FISA court.

That process would not have delayed the surveillance since a warrant
can be obtained up to 72 hours after the surveillance starts.
http://www.law.cornell.edu/donors/solicit.php?http_referer=/uscode/html/uscode50/usc_sec_50_00001805----000-.html

The Bush administration says the program is justified because it made
us safer.

The opposite appears to be true.

The program has made us less safe by needlessly complicating the
prosecution of terrorist suspects.

______________________________________________________

So you see, al Qaeda owes Georgie Bush a great big hug and kiss and a
great big bunch of gratitude. What would they do without Georgie Bush
to help 'em out.

Harry

http://thinkprogress.org/2005/12/28/guilty-terrorists/

Bush's Secret Spying Program: Good News For Guilty Terrorists

At today's press briefing,
http://www.whitehouse.gov/news/releases/2005/12/20051228.html White
House spokesman Trent Duffy was asked about a story in today's New
York Times, which reported that Bush's warrantless domestic spying
program could undermine key terrorism prosecutions:
http://www.nytimes.com/2005/12/28/politics/28legal.html


Q The New York Times reports today that there are several legal
challenges based on the NSA wiretaps. Are you concerned that these
challenges could jeopardize the cases against people you guys have
already described as very bad people?

MR. DUFFY: ...[W]e decline to comment on any pending cases, but I
don't think it should serve as any surprise that defense attorneys are
looking at ways to represent their clients; that's what defense
attorneys do.


Duffy's right, criminal defense lawyers are looking for ways that
their clients can avoid conviction.

And Bush's actions have given them an easy way to do it.

The program violated federal criminal law -- the Foreign Intelligence
Surveillance Act.

As a result, any information collected by the program is inadmissible
in court.

(This principle is called the exclusionary rule.)
http://en.wikipedia.org/wiki/Exclusionary_rule

If that information is critical to the government's case, a guilty
terrorist might be found not guilty.

What's worse, if what the administration says is true, none of this
was necessary.

If all of the surveillance targeted people associated with al Qaeda,
as the administration claims, it would have been easily approved by
the FISA court.

That process would not have delayed the surveillance since a warrant
can be obtained up to 72 hours after the surveillance starts.
http://www.law.cornell.edu/donors/solicit.php?http_referer=/uscode/html/uscode50/usc_sec_50_00001805----000-.html

The Bush administration says the program is justified because it made
us safer.

The opposite appears to be true.

The program has made us less safe by needlessly complicating the
prosecution of terrorist suspects.

______________________________________________________

So you see, al Qaeda owes Georgie Bush a great big hug and kiss and a
great big bunch of gratitude. What would they do without Georgie Bush
to help 'em out.

Harry

The program violated federal criminal law -- the Foreign Intelligence
Surveillance Act.

As a result, any information collected by the program is inadmissible
in court.