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re: Will Wade luncheon

Posted on 11/12/21 at 11:47 am to
Posted by TigerLaw40
Member since Aug 2017
2788 posts
Posted on 11/12/21 at 11:47 am to
quote:

The reason they were inadmissible is because on a phone conversation for it to be used in a court of law one of the parties need to know about it or (wink wink) claim to know about it so it can be presented as evidence.

That's not at all correct. A wire tap can still be done legally through a signed warrant from a judge, which will weigh the evidence and reasons for the request to determine if they outweigh the parties' constitutional right to privacy. In this case, the FBI had obtained a warrant, which would make the tapes admissible.

The reason the judge did not admit them into evidence during the trial is because he determined that those particular wire taps were not probative, meaning the value of the information or evidence did not outweigh the potential bias caused by them. This is common to all civil and criminal trials in our country. It wasn't because the taps were a constitutional violation.
Posted by TommyDaTiger
Nawlins
Member since Dec 2015
10717 posts
Posted on 11/12/21 at 12:14 pm to
Well thanks for the clarification, HOWEVER we all know the FBI doesn’t play by the rules always so wasn’t sure if that was the reason or it was what you posted as another poster said the same thing earlier. All I know is that NOBODY, NOT ONE PERSON COULD FIND ANY SO CALLED MONEY which they said was related to this strong arse offer and unless I’ve also heard wrong is that money cash chedda etc. was never tied into the strong arse offer so in reality they had nothing on Smart and Wade and simply wanted Wade to confirm a bribe was offered or something to that effect. At the time all his lawyers said was he would cooperate if needed then he chose his right to remain silent with the world (including his employer). The university had to let Smart play after they simply could find no wrong doing (as in he may have said the offer was a guaranteed starting job on the court) and to continue his suspension they would be violating his rights
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