Path: utzoo!utgpu!news-server.csri.toronto.edu!cs.utexas.edu!usc!apple!bbn.com!cosell From: cosell@bbn.com (Bernie Cosell) Newsgroups: comp.org.eff.talk,alt.conspiracy Subject: Re: CNN Message-ID: <61429@bbn.BBN.COM> Date: 7 Dec 90 11:33:52 GMT References: <1990Nov16.235831.25433@agate.berkeley.edu> <4948@rsiatl.UUCP> <5378@prussian9.UUCP> <1990Nov20.035510.23148@hoss.unl.edu> <1990Nov20.075707.41354@vaxb.acs.unt.edu> <59608@microsoft.UUCP> Sender: news@bbn.com Followup-To: comp.org.eff.talk Lines: 53 fritzs@microsoft.UUCP (Fritz SANDS) writes: }In article karl@ficc.ferranti.com (Karl Lehenbauer) writes: }>Remember, Noriega was used as the justification for the United States }>launching a military attack upon, and taking control of, a soverign nation. }> }>If Noriega isn't convicted, it implies that the takeover wasn't justified. ... }I bet that the prosecution's (awfully convenient) taping of Noriega's }priveledged conversations will cause the case to be dropped. }I am not normally a conspiracy buff, but this one is too fucking convenient. }The youngest jr prosecutor knows that you just don't do that type of thing -- }even on the poorest, least-publicised slob that you are going after. Ah, but I read it differently: in talking to a lawyer and a friend who has had the misfortune to be in jail, I've learned that the LEOs make _no_ secret of the fact that EVERYTHING in a prison is bugged. If you wish an untapped phone [or an unmiked conference room] to talk to your lawyer, you can ask for one and get it, but the default is that they're ALWAYS listening. I also noted that Noriega's lawyer didn't scream bloody murder at all... in fact, considering the apparent gravity of the misconduct [if there was some], I'd have guessed we'ed have seen it all page-one. But what do we see: the tape mysteriously appearing, wrangling on whether it can be broadcast, etc. What I think is that Noriega's lawyers *intentionally* let their conversations be taped, hoping for _just_ this kind of screwup: how many folk will know/learn enough to appreciate that they were _knowingly_ using a tapped phone and so shouldn't be [and weren't!] surprised that taped surfaced... versus folk who'll only get yet more of an impression of gross gov't misconduct in the pursuit of this case. And, in fact, it reaped rewards!! Shortly thereafter the judge intervened and reasserted that he would NOT allow this trial to become a circus and would insist on justice being done. And so ordered an evidentiary hearing in which the feds must PROVE that their seizure of Noriega's assets is proper. But: the charges on which the gov't based its seizure are essentially identical with the charges against Noriega, himself. Which means that the defense gets to participate in a mini-trial where the feds will have to show their evidence and such [and thereby allow the defense a chance to try to find counter-evidence and/or discrediting evidence and/or reasons to challege that evidence in the REAL trial]. We can't _know_ that the judge wouldn't have ordered an evidentiary hearing _anyway_ when Noriega's lawyers requested that the assets be released, but it sure seemed to me that the aura of gov't misconduct that Noriega's lawyers had [I'm guessing!] maanged to promote couldn't but have helped. /Bernie\