Bush's Domestic Wiretaps May Complicate Criminal Prosecutions

[cal04]

President George W. Bush's authorization of eavesdropping in the U.S. to fight terrorism may make it more difficult to prosecute a range of cases, including illegal fund-raising and drug offenses, legal scholars say. Bush last week said he authorized a ``limited'' program of monitoring phone calls, e-mails and satellite communications without court approval, calling it vital to national security. The program, a response to the Sept. 11, 2001, terrorist attacks, provides defense lawyers with an opening to challenge a variety of criminal charges, scholars say.

``If they'd been smart, they would have only used it to stop terrorist attacks from happening and not in prosecutions,'' said Michael Greenberger, director of the University of Maryland's Center for Health and Homeland Security in Baltimore. ``Defense lawyers are obviously quite alert to the fact that they've got to go back and look at this: whether their defendants were charged based on evidence illegally obtained.''

The Bush administration said the president acted within the Constitution in authorizing eavesdropping without court-approved warrants by the National Security Agency. Thousands of people in the U.S. may have had international phone calls and e-mails monitored, the New York Times has reported. ``I don't think it should serve as any surprise that defense attorneys are looking to represent their clients,'' White House spokesman Trent Duffy said this week.

``Looking ahead, virtually any case that they bring against someone here based on alleged connections to terrorists abroad is now going to potentially raise this issue: `Was I tapped by the NSA?''' said David Cole, a professor at Georgetown University's law school in Washington.

http://www.bloomberg.com/apps/news?pid=10000103&sid=aXa1xomXvCTA&refer=us

[antonialee839]

1. The Bush administration said the president acted within the Constitution

Perhaps President Moran is working within the confines of one of our other Constitutions. After all, he did find all those other internets.

[uppityperson]

2. "If they'd been smart" nt

[Vinca]

3. How will Dear Leader's minions feel when the terrorists they so feared

are let out of jail because of evidence procured without a warrant? And, imagine this, the SCOTUS is stocked with Bush appointees who find in favor of THE TERRORISTS! It could happen. What a fool . . . a total, idiot fool. (P.S. Happy Holidays to all you "good folks" at the NSA.:hi: )