The Fifth Amendment and The Grand Jury - 1957

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("The Olive Has Been Talking . . . ")

It seems wiretapping has been a popular subject in legal circles for quite some time, if this special edition of Meet The Press from November 17, 1957 is any indication. This roundtable discussion features New York State Supreme Court Justice Miles McDonald, District Attorney of Richmond County New York John Braisted and the infamous Roy Cohn on the subject of the use or misuse of the Fifth Amendment and the use and misuse of wiretaps.

All interesting stuff, considering it's 1957 and the world seemed much simpler then . . .or not.



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It was not so simple as the Church Committee found in the late '70s.

Bill Moyers here

The Moyers page text incorrectly identifies the creation date of the NSA as 1952. It was created with the National Security Act of 1947. This created the CIA, the NSA, the MIC and set the stage for the anti social propaganda that has followed to this very day.

Project Shamrock was the NSA domestic spying program from 1947 right up to the advent of the Church Committee itself.

AS germane would be a discussion of the first amendment and the fourth amendment.

In June-July of 2008, in an act that will go down in INFAMY, the Congress passed the FISA amendment and Telecom Immunity. Thus authorizing and forgiving the reincarnation of Project Shamrock and worse.

This after the primary season, at which time Obama must have felt safe in committing an act of treachery in changing his previously robustly stated position of opposition.

Here it is again. Been going on for a long time.

http://www.youtube.com/watch?v=k9e3dTOJi0o

The Washington Post addition
http://kos.dailykos.com/

Didn't have time to hear the MP3 yet, but a more contemporary case...

http://arstechnica.com/tech-policy/news/2009/...

“A federal district court in Vermont has ruled that the Fifth Amendment right against self-incrimination does not bar the government from requiring Sebastien Boucher, who faces charges of possessing child pornography, to decrypt his laptop hard drive. A lower court had previously quashed a subpoena compelling Boucher to enter his password, reasoning that this was tantamount to requiring a defendant to testify against himself.”

So, apparently, the "right to remain silent" has limitations, so the government proposes. Last I heard, this case is still in progress, probably destined to reach the Supremes.

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