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US Terrorist Conviction Appealed Over Use of NSA Data (independent.co.uk)
The Independent newspaper reports that the warrantless NSA surveillance programs revealed by Edward Snowden are facing a constitutional challenge in court for the first time:
Lawyers for Mohamed Mohamud have argued that surveillance evidence used to convict the Somali-American man, found guilty of plotting to bomb a Christmas tree-lighting ceremony, was gathered in a manner that was unconstitutional. The lawyers laid out their arguments on Wednesday before a panel of judges of the 9th US Circuit Court of Appeals in Portland, close to the plaza where Mohamud tried detonating a fake bomb that was part of an undercover operation...
Stephen Sady, Mohamud's lawyer, urged the court to grant his client a new trial on the grounds that the evidence used against Mohamud should never have been permitted in the courtroom. Mr Sady told the judges that using surveillance information on foreigners, which does not require a warrant, to spy on any Americans they communicate with was "an incredible diminution of the privacy rights of all Americans⦠That is a step that should never be taken."
Last year saw a record number of wiretaps authorized by state and federal judges -- 4,148, more than twice as many as the 1,773 that took place in 2005 -- and not a single request was rejected. (More than 95% were for cellphones, and 81% for narcotics investigations.) But The Independent notes that U.S. law enforcement officials have admitted they also "incidentally" collect information about Americans without a warrant, and then sometimes later use that information in criminal investigations. In Mohamud's case, which dates back to 2010, "There's no doubt he tried to explode a car bomb in America," writes Slashdot reader Bruce66423, arguing that this case "elegantly demonstrates the issue of how far legal rights should overwhelm common sense."
Stephen Sady, Mohamud's lawyer, urged the court to grant his client a new trial on the grounds that the evidence used against Mohamud should never have been permitted in the courtroom. Mr Sady told the judges that using surveillance information on foreigners, which does not require a warrant, to spy on any Americans they communicate with was "an incredible diminution of the privacy rights of all Americans⦠That is a step that should never be taken."
Last year saw a record number of wiretaps authorized by state and federal judges -- 4,148, more than twice as many as the 1,773 that took place in 2005 -- and not a single request was rejected. (More than 95% were for cellphones, and 81% for narcotics investigations.) But The Independent notes that U.S. law enforcement officials have admitted they also "incidentally" collect information about Americans without a warrant, and then sometimes later use that information in criminal investigations. In Mohamud's case, which dates back to 2010, "There's no doubt he tried to explode a car bomb in America," writes Slashdot reader Bruce66423, arguing that this case "elegantly demonstrates the issue of how far legal rights should overwhelm common sense."
If that's not entrapment, I'm not sure what is.
You're not sure what entrapment is, then.
Entrapment is when the government agents make you commit a crime that you weren't otherwise willing to do. For example, if they threaten you or your family, that's entrapment. If they make you believe that what you're doing isn't actually a crime, that's entrapment. If they manipulate circumstances to where you believe you have absolutely no choice but to commit the crime, that's entrapment.
What is not entrapment is asking "Hey, are you willing to commit a crime?". It is also not entrapment to hand you the tools to commit the crime, and it's also not entrapment to drive you to a location for the crime, hand you the tools, and pay you a lot of money to commit the crime. Those things are not entrapment (though their legality may depend on having proper authorizations and approvals in place). You still have the option to avoid all criminal culpability by not doing the crime (though even if it turns out the tools they gave you were fake, what matters is that you thought they were real). If someone offers to help you and/or pay you to commit a crime, you can walk right down to the local police department and tell them all about it.
You do not have a moral or legal right to do absolutely anything you want.
...what matters is you thought they were real
This type of tactic has been used countless times by law enforcement to a successful prosecution. However, entrapment is not as clear-cut as you make it out to be. It's really up to the court and jury to decide if the defendant was entrapped. There is an "objective test" which basically asks if anyone in the same circumstances would have done the same thing. Most states however employ a "subjective test" to help determine if entrapment had actually occurred.
Legal or not, it's still very murky water, because the tools were not, in fact, real; and no one was harmed. I can't help but wonder if not for the involvement of the FBI, would this person have ever committed a crime? I can't help but wonder if the person even did commit a crime! Does thinking that you are committing a crime, actually mean that you are committing a crime? Doesn't that make it a...thought crime?
Me: I thought I was doing 75 mph in a 65 mph zone.
Officer: No, the radar says you were going 65, I just pulled you over as a friendly warning that your taillight is out and you need to replace it.
Me: Yes, but I thought I was going 75. So, am I guilty of speeding?
There's a lengthy article here that outlines the "aggressive policing" used to fill prisons, and much of the history in and out of the courtroom, including SCOTUS, surrounding such actions.
I'm sorry, but your opinion seems to be wrong.
The question is, why is this a common practice in the US?
Do they need more people in prison for slave work?
Do they get a bonus for case numbers?
Do they think catching a few unstable people benefits the society?
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