BIG BROTHER

Big Brother

Nicodemo Scarfo, Jr. – Convicted felon and son of Nicodemo Scarfo, Sr. who was alleged at one time to be the most feared Mafia Boss in the history of the Mafia in the United States.

Salvatore L. Pelullo – Convicted felon and alleged to be a known associate of Nicodemo Scarfo, Jr. is presently being accused of being the alleged master mind of a take over of a public company, FirstPlus Financial Group, in Dallas, Texas.

Rajakumara ("Raj") Rajaratnam – Former co-founder of one of Wall Street’s most prominent hedge funds and respected man he was noted to be a renaissance man in the world of finance.  Mr. Rajaratnam's hedge fund at one time over saw billions of dollars that belonged to investors worldwide.

David Petraeus – Retired decorated 4 Star General who until recently was the head of the Central Intelligence Agency (CIA) one of our country’s front line defenses to terrorism and international espionage and continuity of the American people.

If I were to ask you the reader to figure out what the connection is between all of these men, could you?

There is one agency today that could tell you very quickly the connection of these men, the Federal Bureau of Investigation (FBI).

If you think this article is about Government conspiracy, cover ups, and about our Government having too much control, you’re correct.

The American citizens privacy rights are front and foremost; it is the ink that binds our Bill of Rights.

On July 4th of 1776, our country’s independence was born.  How many men and women's lives were lost so we could have liberty, justice, and freedom of speech?  This is our First Amendment.  We as the people were guaranteed our privacy rights by our forefathers.  The Declaration of Independence that our forefathers wrote so elegantly and diligently to protect us, the American citizen and keep us safe.  Our Government has been slowly chipping away at our rights over the last two hundred years unless we stand up now and take notice like our forefathers did in 1776.  We could become not a country governed by the people, but instead controlled by the Government.

If you have not yet fallen into the hands of the system, you truly will not comprehend how much of your liberty has been taken.  

In today’s society it takes a crime for any person to understand how the changes of Government are affecting not only the guilty, which are easy targets, but now the innocent.  As time goes by and this majority grows they will become more visible to those citizens not affected by their quiet growth.   Will it be too late then?

           

In the beginning of the article, I mentioned four unique but distinctly different men that have one common connection between them.

The FBI listened to these men during their private conversations about the most intimate parts of their lives.  The FBI read what these men thought were private emails.

Even more intrusive than this is that the FBI then listened to and read their attorney-client privilege phone calls and emails.

The FBI will justify this by saying they had probable cause.  With probable cause and a warrant, under our present laws set by Congress, they are allowed to listen in.

If we, the People, put Congress in place, when did we authorize Congress to start listening in on us and reading our most intimate thoughts?

I understand that there may be a need for this type of investigation tactic.  If used and followed as Congress intended to be used.

When we entrust Congress to make a law for us (the People).  The law is to protect us from domestic and foreign enemies, not a law for the Government to spy on us and then say it is an investigative tactic.

The simple abuse of this law by the Department of Justice is in using this law to invade in what is quickly becoming the last line of privacy, the attorney–client privilege communication.

In the year 2004 the Department of Justice, with no congressional or Supreme Court guidance and approval, created a division with inside the Department of Justice called a “Taint Team”.

This allows a prosecutor during his investigation period to appoint a separate and distinct prosecutor to lead a “Taint Team” of agents and Government lawyers.  That will review and listen to attorney–client privilege calls and emails as well as review of any documents seized by the first prosecutor’s team.

The theory behind this most intrusive invasion of privacy is for the second team of prosecutors and agents to review said information from the attorney, then determine what would fit under the crime fraud exception rule.  Without the first team of prosecutors reviewing this information once the review has been completed by the “Taint Team” the lead prosecutor writes an opinion on why the conversation and emails should not be apart of the attorney–client privilege and why they should be released to the first prosecutor team.

This decision is decided b the same judge who already established probable cause to listen into the phone calls and emails in the beginning of the investigation.

How did our country get to the point where our conversations and discussions with our lawyers are now no more protected or private?  If you do not recognize that as a great loss of liberty, then what is?

All of the above is done prior to an indictment.

If we are one government, how is it possible two have two separate prosecutors within the same Department of Justice reviewing these highly confidential calls and Congress did not approve the intrusion into attorney – client calls nor is there a protocol set up for it by Congress?

Although the Government will argue that they established the appropriate protocols to protect the attorney – client privilege.  It is still being reviewed by a prosecutor in the same Department of Justice as the prosecutor that is prosecuting the case.

This is a perfect example of another liberty we are just closing our eyes and ears to because it is yet to affect “me”, the tax-paying American who abides by all its Country’s laws.

The day will come when you will need to assert your civil and constitutional rights.  When that day comes, don’t be shocked when a judge says you don’t have that right anymore.

If not for agencies like the American Civil Liberties Union ("ACLU") and the Electronic Frontier Foundation, a digital liberties advocacy group fighting everyday on the front line for yours and my liberties, who knows where Government legislation would be today on privacy issues.

If you want to get involved and make a difference and really feel the power of your voice and opinion, contact one of these agencies and ask, how can I help?

Technology is a moving car; the electronic laws that are in place by Congress today have been laws since the 1980s.

Technology demands for these laws to be updated.  In some respects through the Patriot Act, they have been revised but steered more towards foreign intelligence for the use to capture terrorists.

You may be asking yourself at this point what is the answer.  The answer is simple.  We need Congress to update their 1985 Electronic Communications Privacy Act.  As proposed in the Senate and House of Representatives by the ACLU and the Electronic Frontier Foundation.

A simple gesture of an email or phone call to either one of these organizations asking how I can help will send a message to Congress to remind them “We, the People governed by the People”.

If you think I am being to extreme here is something for you to chew on.

In Early 2012 the Supreme Court made a landmark ruling in Jones v. United States.  The Supreme Court inducted as part of Law if a law enforcement agency obtains a G.P.S. mechanism to a vehicle for the purpose of tracking that individual they must obtain a warrant issued by a judge.

This law comes down from our Supreme Court who introduces laws and corrects laws known as the Court of the Land.

Yet, the lower courts are allowing local law enforcement and the FBI to continue allowing these agencies who did not obtain a warrant as the Supreme Court order to get around the law by calling the error a harmless error or the agent and or police officer did it in good faith.

If we as a Nation have to abide by the law and don’t have harmless errors or good faith intentions as a defense then why is the Department of Justice and law enforcement agency able to use this in their benefit to go around the law?

If local law enforcement is doing this, how can we expect an agency as powerful as the FBI to do what the Supreme Court says especially when they are supported by the attorneys across the country in the department of justice.

I send a plea of “help” out to the ACLU and the Frontier Foundation; I have been taken from my family, separated from society for one year now.  With no trial date in the near future, I am not one of those crazy conspirators running around saying I am innocent.  I am asking for your help because of the large amount of issues discovered by my attorneys and myself as they relate to the extensive amount of time and the numerous amount of electronics used in my case.  Time is of the essence because we are getting close to a date where suppression motions will be due.

When you see the type of constitutional and statutory violations that were done, you will be amazed on how this case even reached this point.

Your agency is the last line of defense in electronic surveillance privacy issues.

Help me because I am innocent because what and how they conducted their investigation violated my 4th, 5th, 6th, 8th, and 14th Amendment rights.  Help me because I am a convicted felon.  Help me because no one else will or cares.  Help me go home to my children and grandchild who I have not met yet.  Help me send a message to our government especially the Department of Justice, every citizen counts no matter who is or what he did in his past.  We all are entitled to the same justice.

Help me.  Don’t let me go quietly into the night where I am being kept detained in Philadelphia.  I can look out the window and see a sign on the building across the street. It says “The Guardians of Liberty”.  Who will be my guardian brave enough with valor in their heart to pick up the phone call my C.J.A. lawyer and confirm what I have said in this plea of help today.  Then and only then, help me before it’s too late and I end up spending the rest of my life in jail all because of a manufactured crime created by a small and insignificant sick individual who is in the position as as Assistant United States Attorney to take advantage of his authority to persecute me and eleven other people in a “movie script” indictment, just to get to say he arrested and prosecuted Nick Scarfo’s son.  This would allow him to redeem himself with his bosses in Washington, DC.

If this injustice is allowed to happen, this blatant disregard to the law, then no one is safe.  Shhhhhhssssssssh, they’re listening!!!

C.J.A. Lawyer Troy A. Archie.