So, what crime would be committed if a person/company was directed not to trigger the warrant canary but did so anyway? What's the possible penalty? And would the government really want multiple cases like that to go to trial?
Having grown up during the 60s I guess I wonder whether the correct response to these gag attempts (NSL etc) is to ignore them, and then fight them in court? If nothing else it would help to make the issue visible to the common man.
And really, do we believe the right to tell the truth would not be upheld eventually by the Supreme Court? And, if the answer is no... then I think we've passed the point of no return.
They are sure to go free. Criminal cases are prosecuted by the state attorney who has no interest in having police officers on his conviction record (really bad career move). So plaintiffs can just sue for recompensation, and that's routinely paid by the taxpayer for violations committed "in the course of duty".
If towns & cities are going to continue to pay for police officers misconduct, rather than solve the problem with their police forces, judgements need to become large enough to have a deterrent effect. A small town getting a 20 million dollar penalty, or a city getting a 100 million dollar penalty might start to get citizens proactive to make sure their police force isn't raping the citizens.
Or perhaps a big enough judgement would convince prosecutors to start prosecuting cops who do stuff like this.
Otherwise, I'm afraid to say, the only solution will be for citizens to start taking punishment of the cops into their own hands. If the judicial system doesn't want that to happen, they need to stop this sort of cop crime now.
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