- js reader version
- view hidden posts
- tags and related articles
by Dan Scott
Monday, Mar. 24, 2008 at 2:53 PM
Perhaps the only thing that has stopped government from broadly using “illegal telecom assisted wiretap evidence” against ordinary Citizens is that Telecoms don’t have immunity from being sued by charged criminal and civil asset forfeiture defendants.
President Bush wants Congress to give the Telecom Industry “Retroactive Immunity” for crimes the Telecom Industry might have committed against U.S. Citizens while helping government—illegally spy on Americans’ personal phone calls, faxes and emails?
Once Congress gives the Telecom Industry “Retroactive Immunity” what happens to NSA’s millions of illegally collected emails, faxes and phone call information that belong to U.S. Citizens?
Previously prosecutors were not allowed access to the Justice Department’s “intelligence files” for domestic criminal prosecutions. In 2003 a court ruling lowered that barrier, allowing prosecutors to review old surveillance. In 2003, Attorney General John Ashcroft asked government prosecutors to review thousands of old intelligence files including wiretaps to retrieve information prosecutors could use in “ordinary criminal prosecutions.”
(See http://www.securityfocus.com/news/5452 WASHINGTON (AP) - "U.S. reviewing old, secret surveillance files in terrorism investigations." “4,500 files.” By, Ted Bridis, The Associated Press 2003-06-04
Perhaps the only thing that has stopped government from broadly using “illegal telecom assisted wiretap evidence” against ordinary Citizens is that Telecoms don’t have immunity from being sued by charged criminal and civil asset forfeiture defendants. The recent U.S. Senate bill that passed without House passage would give the Telecom Industry “Retroactive Immunity” against persons arrested or charged by the government with “illegal wiretap evidence. Currently no bill introduced by the U.S. Senate or House clearly state what illegal electronic surveillance can or can not be used by police or introduced into court by Government. Police may be free to sift though millions of illegally seized electronic communications to make that decision.
Any “telecom immunity bill” passed by Congress should include laws that force TELECOMS to pay “a defendant’s legal defense costs” when a defendant is forced to fight illegal NSA or other illegal government wiretap evidence in court—if the Telecom broke the law assisting government illegal wiretaps.
Depending on the kind of “Immunity” Congress gives the Telecom Industry for spying on its Citizens, could set NSA/FBI free—to share that “illegally collected wiretap information” with local, state and federal police in order to initiate almost any kind of criminal investigation.
It is problematic Law enforcement agencies will want to use NSA/FBI illegal wiretap evidence and other surveillance to go back perhaps decades to arrest Americans and/or civilly forfeit their homes, inheritances and business using only a "preponderance of civil evidence" under Title 18 of the United States Code.
The Patriot Act specifically mentions provisions passed in Rep. Henry Hyde’s bill HR 1658 "The Civil Asset Forfeiture Reform Act of 2000." HR 1658 included a "retroactive asset forfeiture provision" that applies retroactively to “assets already subject to government forfeiture”, meaning "property already tainted by crime" provided “that property” was already part of or later connected to a criminal investigation in progress" when HR.1658 passed.
In 2000 after HR1658 passed the “old statute of limitations” died that gave government “five years” to seize property from the actual date a “property” was involved in crime. Police now have five-years to seize property from “whenever police claim” they learned a “property” was made subject to civil asset forfeiture. There are over 200 U.S. laws and violations that can subject property to civil asset forfeiture. For example a misrepresentation on a federally insured mortgage loan application can cause the federal the forfeiture of your home.
Most property and business owners that defend their assets against Government Civil Forfeiture claim an “innocent owner defense.” This defense can become a criminal prosecution trap for both guilty and innocent property owners. Any fresh denial to the government when questioned about committing a crime “even when you did not do it” can “involuntarily waive” your right to assert in your defense—that the “Criminal Statute of Limitations” has passed for prosecution. Any fresh denial of guild, even 30 years after a crime was committed may allow Government prosecutors to use old and new evidence, including information discovered during a Civil Asset Forfeiture Proceeding to launch a criminal prosecution. For that reason many innocent property and business owners are reluctant to defend their property and businesses from Government Civil Asset Forfeiture. Re: waiving Criminal Statute of Limitations: see USC18, Sec.1001, James Brogan V. United States. N0.96-1579.
Imagine NSA sharing its illegal-domestic surveillance information with countless police agencies that are increasingly dependent on forfeiting Citizens’ property to pay their department’s operating costs. Police can too easily take an innocent person’s hastily written email or phone call out of context to allege a crime was committed. Imagine Police using the Patriot Act’s low standard of proof “a civil preponderance of evidence” to judge NSA illegal domestic wiretap information, perhaps to go back before 2000 to civilly seize a Citizen's home, business or other property. No conviction is required for U.S. Government to civilly forfeit a Citizen’s home or business.
Under the Patriot Act, witnesses can be kept secret while being paid part of the assets they cause to be forfeited.
Report this post as:
GUIDE TO REBEL CITY LOS ANGELES AVAILABLE
lausd whistle blower
Help KCET and UCLA identify 60s-70s Chicano images
UCLA Luskin: Casting Youth Justice in a Different Light
Change Links April 2018
Nuclear Shutdown News March 2018
Join The Protest Rally in Glendale on April 10, 2018!
Join The Protest Rally in Glendale on April 10, 2018!
Spring 2018 National Immigrant Solidarity Network News Alert!
Anti-Eviction Mapping Project Shows Shocking Eviction Trends in L.A.
Steve Mnuchin video at UCLA released
Actress and Philanthropist Tanna Frederick Hosts Project Save Our Surf Beach Clean Ups
After Being Told He's 'Full of Sh*t' at School Event, Mnuchin Demands UCLA Suppress Video
Resolution of the Rent Strike in Boyle Heights
What Big Brother Knows About You and What You Can Do About It
Step Up As LAPD Chief Charlie Beck Steps Down
Our House Grief Support Center Hosts 9th Annual Run For Hope, April 29
Don’t let this LA County Probation Department overhaul proposal sit on the shelf
Echo Park Residents Sue LA Over Controversial Development
Former Signal Hill police officer pleads guilty in road-rage incident in Irvine
Calif. Police Accused of 'Collusion' With Neo-Nazis After Release of Court Documents
Center for the Study of Political Graphics exhibit on Police Abuse posters
City Agrees to Settle Lawsuit Claiming Pasadena Police Officer Had His Sister Falsely Arre
Professor's Study Highlights Health Risks of Urban Oil Drilling
Claims paid involving Pasadena Police Department 2014 to present
Pasadenans - get your license plate reader records from police
LA Times Homicide Report
More Local News...
Doxa du lobby
Tech workers organize
Architect Stephen Francis Jones
UN Forum Wrestles with Economic Policies 10 Years After Financial Crisis Islands Call for
Shadowgun Legends Hack and Cheats
What does the Quran Say About Islamic Dress??
Biodiversité ou la nature privatisée
The Market is a Universal Totalitarian Religion
Book Available about Hispanics and US Civil War by National Park Service
The Shortwave Report 04/20/18 Listen Globally!
The Republican 'Prolife' Party Is the Party of War, Execution, and Bear Cub Murder
Paraphysique de la dictature étatique
Book Review: "The New Bonapartists"
The West Must Take the First Steps to Russia
Théorie générale de la révolution ou hommage à feu Mikhaïl Bakounine
The Shortwave Report 04/13/18 Listen Globally!
“Lost in a Dream” Singing Competition Winner to Be Chosen on April 15 for ,000 Prize!
The World Dependent on Central Banks
Ohio Governor Race: Dennis Kucinich & Richard Cordray Run Against Mike DeWine
March 2018 Honduras Coup Again Update
Apologie du zadisme insurrectionnel
ICE contract with license plate reader company
Black Portraiture(S) IV: The Color of Silence...Cuba No...Cambridge Yes
Prohibiting Micro-Second Betting on the Exchanges
Prosecutors treat Muslims harsher than non-Muslims for the same crimes
More Breaking News...