Monday, August 5, 2013

Now I wonder what the "Special Operations Division" had to do with Fast & Furious? Reuters Exclusive: U.S. directs agents to cover up program used to investigate Americans

A secretive U.S. Drug Enforcement Administration unit is funneling information from intelligence intercepts, wiretaps, informants and a massive database of telephone records to authorities across the nation to help them launch criminal investigations of Americans.
Although these cases rarely involve national security issues, documents reviewed by Reuters show that law enforcement agents have been directed to conceal how such investigations truly begin - not only from defense lawyers but also sometimes from prosecutors and judges.
The undated documents show that federal agents are trained to "recreate" the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendant's Constitutional right to a fair trial. If defendants don't know how an investigation began, they cannot know to ask to review potential sources of exculpatory evidence - information that could reveal entrapment, mistakes or biased witnesses.
"I have never heard of anything like this at all," said Nancy Gertner, a Harvard Law School professor who served as a federal judge from 1994 to 2011. Gertner and other legal experts said the program sounds more troubling than recent disclosures that the National Security Agency has been collecting domestic phone records. The NSA effort is geared toward stopping terrorists; the DEA program targets common criminals, primarily drug dealers.
"It is one thing to create special rules for national security," Gertner said. "Ordinary crime is entirely different. It sounds like they are phonying up investigations."
THE SPECIAL OPERATIONS DIVISION
The unit of the DEA that distributes the information is called the Special Operations Division, or SOD. Two dozen partner agencies comprise the unit, including the FBI, CIA, NSA, Internal Revenue Service and the Department of Homeland Security. It was created in 1994 to combat Latin American drug cartels and has grown from several dozen employees to several hundred.
Today, much of the SOD's work is classified, and officials asked that its precise location in Virginia not be revealed. The documents reviewed by Reuters are marked "Law Enforcement Sensitive," a government categorization that is meant to keep them confidential.
"Remember that the utilization of SOD cannot be revealed or discussed in any investigative function," a document presented to agents reads. The document specifically directs agents to omit the SOD's involvement from investigative reports, affidavits, discussions with prosecutors and courtroom testimony. Agents are instructed to then use "normal investigative techniques to recreate the information provided by SOD."
A spokesman with the Department of Justice, which oversees the DEA, declined to comment.

4 comments:

Rob Crawford said...

Funny how the Gorelick Wall is only used to protect foreigners.

Jhn1 said...

I would hope this rises to the previously defined level of a "civil rights violation".

When done by a federal official, wasn't that not only a felony, but a capitol offense? I vote for a Death Penalty prosecution for the entire department disseminating this information under the no-disclosure pretext. Life in Prison w/o parole for the investigators before the no-disclosure terms will suffice, but after should be in the first group.

SWIFT said...

Those dirt buckets know it is unconstitutional and the length of time they've used it, does not change anything. The praetorian guard are a law unto themselves. "Discovery" was meant to level the playing field to avoid just this kind of bullshit. You have no chance in court, so if you make their shit list, open fire.

Yank lll said...

These scumbags bastards are supposed to be our countrymen. Fellow Americans yet they undermine our Liberty in service to, what has become, a corrupt and illegitimate regime that I no longer recognize as America and them as no longer Americans but quisling treasonous scum who deserve no consideration.

Yank lll