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Judge Issues Secret Ruling in Case Challenging NSA Wiretaps | 11 comments (11 topical)
Re: Judge Issues Secret Ruling in Case Challenging (none / 0) (#7)
by wg on Sat Mar 11, 2006 at 10:28:56 AM EST
Sailor: ... What ever happened to: ... This is literal and if you excuse the language somewhat naive reading of the Constitution. The reality out there is far more complicated. For example the right to face one's accuser (presentation clause) appears entirely unsettled in this country even after 200 years. Trial by affidavit has always been a dream of those in "law enforcement" and many authorities have recently taken to claiming that uncontested statements are entirely proper. For example in Hammon it is claimed that a person who made an accusing statement to the police and whose statement is used in lieu of proper court based testimony cannot be forced to appear in court to be confronted by the defense. There is a minor legal industry that developed around this issue in the legal community both academic and real. For a taste of it check out for example the Confrontation blog. -- (It appear that the well being of legal industry is dependent on them being able to constantly turn things on their heads. Economic necessity I think.)

Judge Issues Secret Ruling in Case Challenging NSA Wiretaps | 11 comments (11 topical)

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