

Very Mention of Snowden’s Name Makes Prosecutors Tremble - GeorgeOrr
https://firstlook.org/theintercept/2015/06/04/mention-snowdens-name-makes-prosecutors-fear/

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Terr_
> [T]he defendant should be precluded from arguing or suggesting that the
> undercover technique the government used in the underlying investigation was
> improper.

Why not just say: "The defendant should be precluded from arguing he is
innocent" while you're at it?

~~~
dragonwriter
The prosecution is trying to limit the arguments the defense can make to those
germane to guilt or innocence and the reliability of the particular evidence
introduced by the prosecution, using a particularly narrow interpretation of
what is germane.

(The defense will normally do the same thing in reverse, as well as countering
the prosecution motions on these points.)

Looking at the particular arguments, and without any more information than is
in the article on the case, it does seem that some of the things they seek to
exclude would potentially have direct relevance to either guilt/innocence or
the reliability of the prosecution evidence (particularly information about
the CI, which may serve to contextualize the recorded conversation), but many
of the things.

The stuff about Snowden and the NSA, well, I'm having trouble seeing the
relevance to the questions of fact that appear to be at issue in the case,
though if information directly gathered through such surveillance is
presented, and a pattern of government dishonesty to courts related to that
surveillance can be shown (e.g., the FISC ruling which called the NSA out for
repeated misrepresenting the program to the court), it could arguably be
relevant evidence to impeaching the program as a source and, therefore,
relevant to any of the evidence produced from that source.

Like to see the more complete filings from both prosecution and defense on
these issues.

------
GeorgeOrr
The prosecutors also want to prevent the discussion of the existence of the
NSA, and a speech by Diane Feinstein.

It's best not to confuse juries with anything not favorable to the
prosecution.

