Problematic Partnership between NSA and Intelligence Agencies violating Constitutional Protections

CYMERA_20130829_142314.jpgAn investigation by Reuters revealed that a secretive unit of the Drug Enforcement Administration (DEA) is using information gathered by Intelligence Agencies to facilitate criminal investigations of US residents. The information gathered by intelligence agencies, including the NSA, CIA, and Department of Homeland Security, are supposed to be used for national security and counter-terrorism purposes. Instead, the DEA unit is using intelligence information to go after individuals who are not connected to terrorism. This DEA unit, named the Special Operations Division (SOD) was created in 1994 to target Latin American drug cartels, but since then has warped into a domestic spying operation utilizing unconstitutional powers and procedures.
Examples of the unconstitutional procedures used by SOD include “parallel construction.” The practice of “parallel construction” was exposed by documents reviewed by Reuters. “Parallel construction” is where law enforcement officers, once they begin an investigation based on information from SOD, reconstruct the investigative trail to cover up the information’s origins, and thus deceive the defendant or the defendant’s defense attorney, along with prosecutors and judges involved in the criminal case. The documents also reveal that federal agents and local police are specifically instructed to “omit the SOD’s involvement from investigative reports, affidavits, discussions with prosecutors and courtroom testimony.” Experts, including Harvard law professor and former federal judge Nancy Gertner, believe that this practice violates a defendant’s constitutional right to a fair trial. If the defendant or the defendant’s defense attorney are not aware of how the investigation began, they cannot know how best to explore potential sources of exculpatory evidence – information that may reveal entrapment, mistakes or biased witnesses. Speaking to Reuters, former federal prosecutor Henry E. Hockeimer Jr. criticized SOD’s powers, saying “you can’t game the system, you can’t create this subterfuge. These are drug crimes, not national security cases.”
US law enforcement has imprisoned millions of people on drug-war convictions over the last 20 years. Due to their authorized yet unconstitutional deception caused by “parallel construction,” the number of those drug cases which resulted from evidence collected by spy agencies will never be known. The Reuters article, which broke this story, quotes DEA officials as saying that the DEA has utilized the “parallel construction” procedure “virtually every day since the 1990s.” The amount of phone data the DEA has collected now surpasses the amount of data collected by the National Security Agency (NSA).
However, through good investigative work it is possible for an accused to learn his case involved unconstitutional tactics. A current federal prosecutor discovered that DEA agents used SOD tips after a DEA agent misled the prosecutor. Speaking with Reuters, the prosecutor related that a DEA agent told him the investigation of the accused began with a tip from an informant. When the prosecutor pressed for more information, a DEA supervisor stepped-in and informed the prosecutor that the tip had really come through the SOD and originated from NSA data. The prosecutor decided not to file charges as he lost had confidence in the investigation.

DisclaimerThe information contain on this site and in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from The Gilbert G. Garcia Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. Any and all communications as a results of this Post and/or this Site, is not secure nor confidential. Further, the mere initiation of any contact with The Gilbert G. Garcia Law Firm, staff, lawyer or a message on this post/site does not create an attorney–client relationship.

Gilbert Garcia has been Passionately Pursuing Justice for over 30 years and founded The Gilbert G. Garcia Law Firm in 2008. The Gilbert G. Garcia Law Firm is a boutique law firm, specializing in Criminal Defense. Gilbert represents adults and juveniles accused of a crime and who have with a felony, misdemeanor or record cleaning case. Conveniently located on the courthouse square to serve Montgomery and Walker Counties. Gilbert became Board Certified in Criminal Law by the Texas Board of Legal Specialization in 1989. The Gilbert G. Garcia Law Firm is located at 220 N. Thompson St., Suite 202, Conroe, TX 77301.  www.ggglawfirm.com

Drug Related Charges may include: Possession of Marijuana, Possession of Controlled Substance, Possession of Dangerous Drug, Manufacturing a Dangerous Drug/Controlled Substance, Delivery or Intent to Deliver Marijuana/Dangerous Drug/Controlled Substance, Possession of Drug Paraphernalia and many other drug related charges.