NSA Gives American Information To DEA; DEA Pretends It Never Happened; Fair Trial No Longer Available

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Following the explosion of controversy surrounding the information provided by whistle-blower Edward Snowden’s revelations about the National Security Agency’s vast and unConstitutional spying, many surveillance-loving politicians have met the airwaves with a unified message: The tactics the NSA uses, even the unConstitutional ones, protect the American public from terrorists.

But, quite unsurprisingly, there are a number of NSA-like surveillance and investigation tactics being employed by law enforcement agencies at all levels of the Federal government — and most have little to do with terror.

A recent Reuters report reveals the Drug Enforcement Administration’s cart blanche authority to use intelligence intercepts, wiretaps, informants and a massive database of telephone records to launch criminal investigations in the United States.

Documents obtained by the news agency reveal how the DEA’s Special Operations Division (SOD) — which includes operatives from the FBI, CIA, NSA, Department of Homeland Security and Internal Revenue Service — bends Constitutional rules to conduct criminal investigations in the Americas.

Reuters details how SOD compiles a case against a suspect and rearranges evidence in order to avoid having prosecutions thwarted because unConstitutional investigation tactics were employed:

The undated [SOD] 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.

Government and law enforcement officials call the aforementioned recasting of an investigation to make it meet Constitutional muster “parallel construction.” In the “parallel construction” version of an investigation, agents are specifically instructed never to reveal nor discuss the existence and use 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 bit is perhaps the most disturbing, because it admits that investigators will violate Constitutional protections to get the dirt they want before recreating the information — i.e., making it look as if it weren’t collected in a criminal manner — to present to a court.

The SOD and the NSA operate different types of surveillance missions; but, according to leaked information provided by Snowden, they routinely share resources and evidence. For instance, Reuters reports: “The SOD forwards tips gleaned from NSA intercepts, wiretaps by foreign governments, court-approved domestic wiretaps and a database called DICE to federal agents and local law enforcement officers. The DICE database is different from the NSA phone-records database. DICE consists of about 1 billion records, and is primarily a compilation of phone log data that is legally gathered by the DEA through subpoenas or search warrants.”

Nancy Gertner, a Harvard Law School professor who served as a Federal judge from 1994 to 2011, told Reuters: “I have never heard of anything like this at all.

“It is one thing to create special rules for national security,” Gertner continued. “Ordinary crime is entirely different. It sounds like they are phonying-up investigations.”

And, according to Forbes contributor Rick Ungar, the DEA is doing just that:

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.

So the NSA is turning information over to domestic law enforcement for reasons having nothing at all to do with terrorist activities. Then, the domestic agencies are using the NSA data to make arrests, being careful to not reveal that the information leading to the arrests was provided by a surveillance mechanism introduced to the public as a tool to combat terror.

The Constitution, it seems, has drowned in alphabet soup.

Note from the Editor: Under the Obama Administration, the NSA, the IRS, and the State and Justice departments are blatantly stepping on Americans’ privacy—and these are just the breaches we’re aware of. I’ve arranged for readers to get a free copy of The Ultimate Privacy Guide so you can be protected from any form of surveillance by anyone—government, corporate or criminal. Click here for your free copy.

Sam Rolley

Sam Rolley began a career in journalism working for a small town newspaper while seeking a B.A. in English. After covering community news and politics, Rolley took a position at Personal Liberty Media Group where could better hone his focus on his true passions: national politics and liberty issues. In his daily columns and reports, Rolley works to help readers understand which lies are perpetuated by the mainstream media and to stay on top of issues ignored by more conventional media outlets.

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  • Jay Lindberg

    I have been saying all along, that the fact that the NSA is spying on us was only the tip of the iceberg, The real issue is what they were doing with the information.

    If you ever wonder how the scum at the top of the food chain keep their power and money, you will find many of the answers here.

  • Paul

    The biggest problem with NSA is that we are required to trust them without verification and their demand for secrecy. Since when are we to trust any government?! Anymore, I fear our government more and more and they’ve lost all fear of the citizens. This is a recipe for disaster.

    • squeeze127

      What you describe is tyranny, it should be the other way around! Government should fear the people. We have a government that’s too big to be effective, no one knows who is in charge of whom! Checks and balances are all in favor of the government and not the people.

  • jdn

    The Bill of Rights is dead . Now with the spy program in full swing and all Americans under scrutiny we are seeing the beginning of selective prosecutions with this program . People will support it as its drug dealers they are after . Once this door is opened it will expand so don’t complain when you get arrested for not paying tax for online purchases over your life time or some such thing . Its how Hitler got out of control . First he went after drug abusers and pornography and the people supported it with cheers then when it expanded they dared not cheer for fear they would be next . Remember if the fourth amendment does not exist for some it does not exist at all .

  • Jake Thomas

    We’re making Russia’s old communist party proud.

    • JLouisK

      Welcome to the USSA

  • Jimmy the Greek

    Not to worry , Soon it well all fall in on it’s self like it did in the old USSR .

    • JCDavis

      Jesus Christ I hope not! I live in the South.

      • Jimmy the Greek

        So do i , Texas , you should be glad you are in the south we well come out much better because we have the tools to restist ,

        • JCDavis

          No state can stand up to the national government. They will easily destroy any resistance.

          • Jimmy the Greek

            Not realy look what is happing in the middle east ,

  • http://www.OlGreyGhost.Blogspot.com/ Ol’ Grey Ghost

    When I was a police officer we had a detective that would patrol the city in her plain clothes and unmarked car. She would call for uniformed patrol units to make up a reason to stop this vehicle or that and then search in order to find evidence of a crime (usually drugs). We were supposed to keep her name out of any reports so as to protect the secrecy of her surveillance tactics.

    It would upset her severely when she would see my reports that had her name listed in them so that she would be expected to appear in court. I told her that leaving her contribution to the case out of the report was unethical and un-Constitutional. She complained to the Chief who tried to order me to remove her name. I told him he was free to redact her name if he liked, but my reports would stand on their own.

    I never got called to assist her ever again…

  • Dawn Geiger

    08/06/2013 – I see absolutely no difference between an individual or individuals, of a criminal mentality or gang, and a government spying organization, plus stalking and harrassing, if the end result is not different — driving people out of their own homes; stealing their cars; peeking through windows or viewing through walls or drapes; showing an extremely abnormal and intense curiosity about normal, everyday activities conducted as usual by ordinary citizens. Also, illegal photography and crazy never-ending reports, such as a list about so-and-so who went where and did such and such, with nothing of moment to report; no crime committed by such person; no injury problem for comment or call; or sometimes far worst of all, a false criminal complaint about an individual; or the personal terrorization tactics, bodily stalking, threats, theft, attack, assault, gang activity; hate crimes; sexist crimes; racist crimes; anonymous crimes; crimes for no reason; etc.

  • Alan

    It seems all of these agencies are wildly out of control, with little or no oversight by congress or anyone else. These behaviors ae beyond disgusting, and must be stopped. At this point I dont know that anything short of a complete dismantleing , and rebuilding this out of control government can work. Remember that anyone willing to give up liberty for security deserves neither, its as true today as when first said. Also appropriate is the statement that the cost of liberty is high but the cost of bondage is higher.