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Couple of questions regarding the FBI/taps

Posted on 3/9/19 at 7:13 am
Posted by WaWaWeeWa
Member since Oct 2015
15714 posts
Posted on 3/9/19 at 7:13 am
I searched but couldn’t find any answers.

1. The defense team sent the subpoena for Wade, correct? Not the FBI

2. I am assuming these tapes were gathered by the FBI, but it sounds like the defense team wants to submit the tapes as evidence and the FBI is trying to block it. How does the defense team have access to the FBI’s wire taps?


Posted by WaWaWeeWa
Member since Oct 2015
15714 posts
Posted on 3/9/19 at 7:39 am to
Anybody?
Posted by Brian Wilson
Member since Mar 2012
2026 posts
Posted on 3/9/19 at 7:51 am to
quote:

Dawkins is known to be on FBI wiretaps during the late spring and summer of 2017. ESPN, citing court records, previously reported that Dawkins had “at least three calls with a cellphone number belonging to LSU coach Will Wade, each of which occurred between June 19, 2017, and June 30, 2017.” Smart announced his commitment to LSU via Twitter on June 30, 2017.


The tapes are already court record/evidence, hence how it was accessible and leaked.

Posted by nola000
Lacombe, LA
Member since Dec 2014
13139 posts
Posted on 3/9/19 at 9:01 am to
quote:

Criminal discovery, on the other hand, is more restricted. The Constitution affords criminal defendants several protections. Discovery-related procedural protections include the right against self-incrimination and the right to confront witnesses(WILL WADE) . Because of these constitutional guarantees, criminal discovery tends to be rather unbalanced. For example, under the U.S. Supreme Court’s decisions in Brady v. Maryland and Giglio v. United States, the prosecution must turn over to the defendant all exculpatory and impeachment evidence in the government’s possession. A criminal defendant has no equivalent duty because of the right against self-incrimination. Additionally, in jurisdictions that require limited forms of pretrial disclosures or court-ordered depositions, requesting evidence in possession of a defendant may be useless; any evidence in the defendant’s possession that tends to support a finding of guilt is protected by the constitutional right against self-incrimination. Therefore, while the prosecution is frequently ignorant of the defense’s evidence, the defense should be well-versed in the prosecution’s evidence(WILL WADE WIRETAPS) .


In the process of gathering evidence during their investigation the FBI recorded 4000 wiretaps. The defense has access to these wiretaps and can subpoena any party to them.

The burning question is, why did they only subpoena Will Wade? With something like 20 universities named and 4000 wiretaps, you would think there would be juicier conversations in there somewhere.

This is where the conspiracy theories start popping up. And they're not that far-fetched. Either someone(s) in the media or competing coaches in college basketball wanted the Will Wade wiretap leaked for their own personal gain because of the threat that Wade poses to their power structure or because of a personal vendetta... OR... the defense leaked them. The reason that's not that believable is because you would have to believe that that's the most damning evidence out of 4000 wiretaps over 20 different universities. That's kind of a stretch.
This post was edited on 3/9/19 at 9:14 am
Posted by mdomingue
Lafayette, LA
Member since Nov 2010
30662 posts
Posted on 3/9/19 at 9:45 am to
quote:

How does the defense team have access to the FBI’s wire taps?

Wiretaps, in addition to containing incriminating evidence may also contain exculpatory evidence so they would typically be wanted in their entirety by the defense and I assume a judge will typically award such. They are certainly entitled to any that will be used as evidence in court.

Leaking the tapes is likely a violation of the law, however, and may end up costing someone, though I doubt it.

quote:

1. The defense team sent the subpoena for Wade, correct? Not the FBI


I wonder if the defense was counting on Wade to say no deals were ever struck and maybe the FBI leaked the tapes as a preemptive strike?

Though it does seem more likely that Adidas is just trying to drag Nike and Under Armour in this mess and say that they were not trying to bribe people to gain an advantage but simply playing by the unwritten rules set by the other, more prominent, companies. I don't think that defense would fly from a legal standpoint but could possibly convince a jury
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