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Monday, March 10, 2008

Warrantless wiretapping thought experiment

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It's audience participation time! You are invited to help with my domestic wiretapping thought experiment! Let's get started!

Suppose you are the U.S. Attorney General, in charge of a Justice Department that believes it has the power to conduct warrantless wiretaps of any telephone conversation that takes place in the United States. Suppose further that your department has in the past investigated and prosecuted domestic political enemies for the sole purpose of removing them from elected office. Also suppose that you had spent the previous 20 years as an ultraconservative judge on the U.S. District Court for the Southern District of New York, and may or may not harbor feelings of animosity about a flashy, arrogant liberal prosecutor (now the Governor of your state) who in the recent past caused considerable trouble for some of the nice men who toil on Wall Street.

Given those assumptions (here comes the audience participation part), could you think of any reason not to allow the G-men to prosecute Eliot Spitzer on the basis of evidence that may have originated with an illegal wiretap? As a corollary experiment, can you think of any reason why Pat Fitzgerald's investigation of Karl Rove may have gone suddenly, inexplicably limp a coupla years ago?

All this is just the basis for a "hypothetical," of course, not a "conspiracy theory."

Update: Well, dagnab it, Jane Hamsher beat me to the punch with this nice post at FireDogLake that includes other, more wonky, Spitzer-type hypothetical questions for you to ponder. I hope our heroes at TPM Muckraker dig into it.

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