A Geek With Guns

Chronicling the depravities of the State.

The Walls Have Ears

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It’s tough to avoid the gaze of Big Brother. As this article sent to me by Steven demonstrates, Big Brother even watches where he’s not supposed to:

KANSAS CITY, Kan.– The federal public defender’s office has asked for the release of 67 inmates from a Kansas federal prison and plans to seek freedom for more than 150 others because authorities secretly recorded conversations between prisoners and their attorneys that are supposed to be private.

Most of the federal inmates are being held on drug or firearms-related cases.

The practice first came to light in a prison contraband case during which criminal defense lawyers discovered the privately run Leavenworth Detention Center was routinely recording meetings and phone conversations between attorneys and clients, which are confidential under the Sixth Amendment to the Constitution. A court-appointed expert was brought in to independently investigate whether prosecutors had improperly listened to the recordings.

Once again we have a demonstration of the fact that the Constitution is nothing more than a piece of paper. It is incapable of enforcing the rules that it displays and thus powerless to stop individuals from violating those rules. Here is where constitutionalists tend to point out that while the rules were violated, now that the violation is known it is being corrected. To that I point out that the violation isn’t guaranteed to be corrected and, more importantly, even if the violation is corrected, those who are in prison because of those violations can never get the years of their life back (and will likely receive little in the way of compensation).

This is not to say that parts of the Constitution, such as the Bill of Rights, aren’t nice concepts but to point out that they are simply concepts. Far too often people, especially libertarians and conservatives, fall into the trap of attributing almost godlike powers to it. So while the Constitution guarantees certain protections against state surveillance, those guarantees aren’t actual guarantees and you must operate as if you are under state surveillance even when you’re in situations where you’re supposed to be legally protected from it.

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