BREAKING: Judge who allowed FBI to search Washington Post reporter’s home rips into Justice Department for not informing him of the law that explicitly bars raids of reporters
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cnn.comJudge who allowed FBI to search Washington Post reporter’s home rips into Justice Department | CNN PoliticsA federal judge ripped into the Justice Department on Friday for failing to inform him of the applicability of a law intended to protect journalists from government searches and seizures when it asked...
We’ve seen the same question come up repeatedly in response to this post. Prosecutors have a duty under ethical rules to disclose to judges not only the laws that support their position, but also adverse authority that undermines it.
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it is absolutely not basic knowledge; the PPA has come into play by our research fewer than 100 times in the last 40 years. There's no reason for a federal magistrate to know about it, which is why prosecutors have an obligation to disclose it. (Which they didn't do in my case, either.)
Everyone making excuses for the judge is ridiculous. As many have pointed out - this is such basic knowledge.