Until we can find a better way to enforce civil liberties, the striking of illegally obtained evidence in the prosecution of terrible criminals is necessary. That they get to walk free is the point first as a penalty to the state (that now a monster remains at large) and second as a penalty to the public for allowing the state to let its agents abuse their power.

If neonazis and terrorists aren’t protected by our Bill of Rights, then you aren’t either. And it informs how the massive extrajudicial surveillance state got formed in the first place, as the US state believes national security (in all its ambiguity) is valued more than American lives.

This is the best summary I could come up with:

In communications with a federal confidential informant, the pair allegedly planned to “coordinate to get multiple [substations] at the same time.” Clendaniel pleaded guilty to conspiring to damage or destroy electrical facilities in May of this year.

But in a court filing, the ACLU attorneys say Russell has “reason to believe” that the government “intercepted his communications” and subjected him to a warrantless “backdoor search” by querying the Section 702 databases.

And less than a month after that initial query, we disrupted that US person who, it turned out, had researched and identified critical infrastructure sites in the US and acquired the means to conduct an attack.” The defense’s motion to compel the federal government to provide notice of use of Section 702 surveillance of Russell includes both the Politico report and Wray’s speech as exhibits.

The ACLU’s response, filed this Monday, notes that the government “does not dispute that Mr. Russell was subject to warrantless surveillance under Section 702” but instead claims it has no legal obligation to turn over FISA notice in this instance.

Legislators’ attempts to rein in the controversial surveillance authority failed, and multiple amendments requiring the FBI to obtain warrants to search or access Americans’ communications under Section 702 were voted down.

“Especially as recently expanded and reauthorized by Congress, this spying authority could be further abused by a future administration against political opponents, protest movements, and civil society organizations, as well as racial and religious minorities, abortion providers, and LGBTQ people.”

The original article contains 915 words, the summary contains 246 words. Saved 73%. I’m a bot and I’m open source!

Why didn’t the ACLU defend Ross Ulbricht? What about all the whistleblowers that have been imprisoned lately? Seems like there are better candidates than this guy.

It’s a shame that the ACLU has to defend horrible people.

Is this really the best use of the ACLU’s limited resources?