English: The seal of the United States Drug Enforcement Administration. (Photo credit: Wikipedia)
As Americans sort through their feelings regarding the disclosure of the massive collection of metadata by the National Security Administration, we are now learning of what may be a far more insidious violation of our constitutional rights at the hands of a
government agency.
Reuters is reporting that a secret U.S. Drug Enforcement Administration branch has been collecting information from "intelligence intercepts, wiretaps, informants and a massive database of telephone records" and disseminating the data to authorities across the nation to help them launch criminal investigations of Americans."
In this case, the Americans who are being subjected to these investigations are suspected drug dealers.
The unit of the DEA that is conducting the surveillance is known as the Special Operations Division ("SOD") and is made up of a partnership of numerous government agencies including the NSA, CIA, FBI, IRS and the Department of Homeland Security.
While there are suggestions that elements of the program may be legal, there is obvious concern on the part of those running the program-a concern that has not prevented them from going ahead with the collecting and using of covertly gathered data-that the surveillance effort may not be entirely kosher. We know this to be true because, according to documents reviewed by Reuters, DEA agents are specifically instructed never to reveal nor discuss the existence and utilization of SOD provided data and to further "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."
The last line of the directive is particularly disturbing.
By instructing agents to use "normal investigative techniques to recreate the information provided by SOD", law enforcement is being instructed to flat out lie when disclosing how they came across the tips or other information provided by SOD leading to an arrest. These agents are directed to give substance to the lie by fabricating a false source or method utilized to gain information leading to an arrest.
In law enforcement parlance, it is called "parallel construction."
Accordingly to a former federal agent, the SOD 'tip' system works as follows:
"You'd be told only, 'Be at a certain truck stop at a certain time and look for a certain vehicle.' And so we'd alert the state police to find an excuse to stop that vehicle, and then have a drug dog search it."
When the SOD tip leads to an arrest, the agents then pretend that the drug bust was the surprise result of pulling the vehicle over as a routine traffic stop.
So secretive is the program, SOD requires that agents lie to the judges, prosecuting attorneys and defense attorneys involved in a trial of a defendant busted as a result of SOD surveillance-a complete and clear violation of every American's right to due process, even when that American is a low-life drug dealer.
Every criminal defendant is entitled to the legitimate data and facts surrounding their arrest so that their counsel can examine the propriety of the arrest and attack procedures that may be improper and illegal under the law in defense of their client. When sensitive, classified data is involved in such a case (data possibly collected in surveillance of a foreign national that reveals incriminating evidence involving an American), it is the prerogative of the judge to decide what should and should not be admitted into evidence.
As for the prosecutors, not everyone is enamored with the idea of such deceit, even if it produces convictions. Reports Reuters:
