Posts Tagged ‘eavesdropping’

Hitting Up the NSA for Records

September 1, 2013

NSA

This is by far the funniest thing to come out of the revelations of the NSA eavesdropping actions.

A recent court case found the lawyer for the defense bringing up an interesting notion. His client’s phone records could help clear him… now the NSA just has to produce them.

Isn’t this a nasty precedent? If the government does not come forward with the evidence the defense attorney could file for a mistrial.

The National Security Agency has spent years demanding that companies turn over their data. Now, the tables have turned.

Then the federal government filed a motion saying it would refuse, citing “national security” but some experts say the novel legal argument could encourage other lawyers to fight for similar access.

The defendant in the case maintains his innocence and claims cellphone location records would show he wasn’t at the scene of the crime.

The laws of evidence require that prosecutors turn over to the defense any records they have that might help prove a suspect’s innocence.

One expert said, “The NSA is not above the law. It’s a government agency, just like every other government agency. Just because it has this Harry Potter-like disappearing cloak, it’s still an agency that is subject to the law.”

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