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Evidence that is turned over to law enforcement by a non-governmental entity may be used at trial. This is called the "silver platter" doctrine. So, your roomma
by pseingatl 7y ago
Evidence that is turned over to law enforcement by a non-governmental entity may be used at trial. This is called the "silver platter" doctrine. So, your roommate went into your locked room and gave police the kilo of cocaine and firearm you always keep on the nightstand. Tough luck. The police are prohibited from directing private individuals to seize evidence that could not otherwise be seized. Another problem is that correspondence between Assange and his defense team--in other words, his defense--is contained in these materials. Giving the prosecutor access to this material must not be analyzed solely under a 4th Amendment search and seizure analysis, but under a 5th Amendment right to counsel analysis. The silver platter doctrine would not apply to a 5th Amendment analysis.
Parenthetically, cops and journalists are two professions that go undercover. Both lie in order to maintain the act. I have read multiple comments about how Assange tried to help Manning, e.g., that Assange tried to break encryption but failed. But no one knows this. It may very well be that Assange told Manning that he did these things, but did not for any number of reasons, not the least of which would be to keep Manning invested in looking for more material. There is no proof--though there may be in these seized materials--that Assange did anything of the sort. Journalists lie to their sources all the time.
Also, could someone explain why Manning simply didn't leave the country upon being released from jail? There are no criminal charges against Manning--there is merely a civil subpoena which Manning is resisting. He was under no obligation to remain in the United States.
- deleted 7y ago[deleted]
- pjc50 7y ago> She was under no obligation to remain in the United States. It's quite difficult to immigrate somewhere else when you're a convicted criminal; most places will bin your application immediately. Claiming asylum would also have made returning to the US impossible. Perhaps Manning wanted to see her family?
- arcticbull 7y agoHey, there's always Svalbard :P
- olalonde 7y agoIf I read this right, this is good for Assange?