without violating any of your rights. This is the prevailing view of…..prosecutors. And judges. Or do I repeat myself.
What follows is the government’s (prosecutor’s) brief in a case from the US District Court for the Central District of California in 2011, entitled United States v. Aguilar. It’s a really long document, but the relevant portion is at the end, pages 77 et seq.
The writing and reasoning is sloppy and self serving, but overall it is quite clear that the prosecuting attorneys in this case, as in other cases across the United States, believe they can properly and lawfully present entirely perjured and fabricated cases to grand juries, obtain indictments, and then convict people and imprison them – or even execute them – based on those indictments. The only case that specifically said that this violated due process was US v. Basurto, 497 F.2d 781 (1978), and as you can see from this brief, the nation’s prosecutors are of the opinion that Basurto is no longer good law, although they dance around this proposition somewhat, because try as they might to feel otherwise, they are ashamed.
The SCOTUS has had multiple opportunities to address this problem and they have not. Perhaps they don’t think it is a problem, never having been on the receiving end themselves.
Words like disgraceful, disgusting and revolting come to mind when considering the inner moral and intellectual compass of judges who would permit such things – criminal acts by other government officials. Far better to have no judges at all, to at least dispense with the pretense that the rule of law, or even basic notions of decency, bind the government. They plainly do not.