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Originally Posted by Undertoad
But no - that's one of the strange twists here.
If the legality of the wiretap was not put under judicial review a priori, it would *definitely* be put to judicial review in a criminal case. Since the methods of the wiretap couldn't be evaluated, that evidence would be thrown out before the end of the discovery phase.
Anything would have to be a non-ordinary "enemy combatant" type of war court, not your basic criminal court.
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Actually, the court has given more leeway to 'tainted' evidence. Alito is rumored to be very pro-law enforcement. I don't think anyone could count on a definitive 'no' on the use of that kind of evidence.
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