Andrew Napolitano on the How the Feds Illegally Obtain Evidence and Lie About It

Among
the more nefarious procedures the feds have engaged in is something
called “parallel reconstruction.” This procedure seeks to hide the
true and original source of information about a criminal defendant
when it was obtained unlawfully. For example, if the National
Security Agency (NSA), while listening to the conversations of
Americans hoping to hear about terrorist plots, comes across
evidence of a bank robbery, the NSA will pass that evidence on to
the Department of Justice. Then lawyers and agents concoct an
explanation as to how the Justice Department came upon the evidence
that carefully omits the mention of domestic spying.

This, of course, is criminal, writes Andrew Napolitano. Lawyers
and agents for the NSA and DOJ may no more lawfully lie to federal
judges and criminal defense attorneys about the true origins of
evidence than may a bank robber who testifies in his own defense
claiming to have been at Mass at the time of the robbery. 

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