Constitutional Attack on the Anti-Wiretapping Law

November 28, 2005

Now that Mr. Garcillano has resurfaced, we are once again faced with the “anti-wiretapping law” problem. On the one hand,  the tapes are needed to uncover the truth about the 2004 Presidential elections and any improper intervention in the same by Mr. Garcillano.  On the other hand, his counsel has said in no uncertain terms that even references to the tape would be improper given that the tapes themselves arose from the commission of a criminal act.

Given the exceptional circumstances, I think it would be proper for the Supreme Court to declare that the application of the Anti-Wiretapping Law to this case would be unconstitutional.  Those exceptional circumstances relate to the Constitutional values that are at stake — the sanctity of the ballot, the right to suffrage, the inherent right of the people to determine their fate through elections and, I believe, the very integrity of our Constitutional system.  The Court must not sit idly by while these fundamental issues are kept from discussion and debate simply on the ground that Mr. Garcillano is entitled to privacy (as implemented by the Anti-Wiretapping Law).  Certainly, Congress could not have contemplated protecting the privacy of government officials who appear to have conspired to undermine basic Constitutional processes — election, investigation, and the search for the truth.  After all, justice is meaningless without truth. (more…)