Reply to post: Re: It's not just the FBI to blame

For the past five years, every FBI secret spy court request to snoop on Americans has sucked, says watchdog

Michael Wojcik Silver badge

Re: It's not just the FBI to blame

The US Federal government was under multiple states of emergency before 9/11, and had been continuously since the 1970s. 9/11 was a good excuse for escalation, but the Feds had no difficulty excusing their abuse of their own powers prior to that. Even before the 70's they had plenty of rationalizations: wars, Prohibition, the Civil Rights movement (remember COINTELPRO?), and of course the all-time favorite bugbear, Communism.

In the US, the only effective curtailments to abusive policing, historically, have been squelched and overturned convictions (the "fruit of the poisoned tree" doctrine), and civil-rights trials against individual officers. And the latter has been effective only against relatively low-ranked members of local law enforcement, as far as I know, and in much smaller volumes. Basically, we have to rely on the judiciary to block the various policing forces by spoiling their endgame. In this context FISA is a particular abomination, since it pretends to be a part of the judiciary but makes a mockery of that role.

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