3 ms·
Handbook to extra-constitutional data collection: 1) Do whatever you want 2) Invoke state secrets or national security when questioned on 1 3) Claim in court
by revelation 11y ago
Handbook to extra-constitutional data collection:
1) Do whatever you want
2) Invoke state secrets or national security when questioned on 1
3) Claim in court that no one has standing
Bonus card, use only once:
4) When a case reaches the supreme court where people notice how you invoked state secrets purely to stymie jurisdictional challenge, lie to the judges [1]
(As you see in this decision, which relies on the tainted supreme court decision, you only need the magic card once anyway to establish precedence)
After you've used the magic card in step 4, the question naturally occurs how to make use of the information collected. Try parallel construction [2] should whoever you were targeting set foot in a court of justice. The point is to ensure people don't make it there; a hellfire will ensure in due course, US citizen or not, that a lot of paperwork is saved.
[1]: https://theintercept.com/2014/02/26/doj-still-ducking-scrutiny/ https://theintercept.com/2014/02/26/doj-still-ducking-scruti...
[2]: https://en.wikipedia.org/wiki/Parallel_construction https://en.wikipedia.org/wiki/Parallel_construction
- ngoede 11y agoThe existence of parallel construction is huge problem with the idea that the only result of gathering evidence illegally is that that evidence is excluded from legal use. The police/NSA/whomever can still use that information to inform their investigations to discover other legal evidence that they could otherwise only have found by chance. Not to mention the possibility of just leaking information like this later to discredit or punish a political enemy.
- kevinnk 11y agoI thought the "fruit of the poisonous tree" doctrine meant that any evidence that is found by examining evidence collected illegally still cannot be presented. The problem with parallel construction is that the police/NSA lie about the origin of their suspicion and avoid the "poisonous tree". (I should mention IANAL so please correct me if my understanding is wrong)