The US government ordered the Special Operations Division, made up of NSA, DEA, FBI, CIA, IRS, and Homeland Security members, to hide evidence that showed their agencies used NSA spying information to build cases against American citizens. Here's how they pulled it off:
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.
The report continues:
But two senior DEA officials defended the program, and said trying to "recreate" an investigative trail is not only legal but a technique that is used almost daily.
A former federal agent in the northeastern United States who received such tips from SOD described the process. "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," the agent said.
Just in case that isn't scary enough, the NYTimes reports that the TSA now has a mobile unit. That's right, they're no longer just for airports, and have been seen at subway stations, rodeos and music festivals. No, they don't need warrants to search people.
Some in Congress, however, say the T.S.A. has not demonstrated that the teams are effective. Auditors at the Department of Homeland Security are asking questions about whether the teams are properly trained and deployed based on actual security threats.
Civil liberties groups say that the VIPR teams have little to do with the agency’s original mission to provide security screenings at airports and that in some cases their actions amount to warrantless searches in violation of constitutional protections.
“The problem with T.S.A. stopping and searching people in public places outside the airport is that there are no real legal standards, or probable cause,” said Khaliah Barnes, administrative law counsel at the Electronic Privacy Information Center in Washington. “It’s something that is easily abused because the reason that they are conducting the stops is shrouded in secrecy.”
T.S.A. officials respond that the random searches are “special needs” or “administrative searches” that are exempt from probable cause because they further the government’s need to prevent terrorist attacks.
To conclude, the government believes it has the right to spy on Americans, hold their information, secretly build cases against citizens, and search without probable cause because the government says it's special.
Wherever he is, George Orwell is crying.