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John Murtha — Part 28
Page 115
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Under our adversary system constitutional questions
can ultimately be tested in the quiet reflection of a court-
room under established procedures and the rigors of cross-
examination. While a prosecutor must always be alert to
and protective of defendants! rights, his or her primary
function is to investigate and bring to trial those whose
conduct transgresses the law. If all federal prosecutors |
were as hesitant to proceed in the uncharted Abscam waters
as was the New Jersey office, federal law enforcement in
this country would be about as effective as was New Jersey's °-
with the New Jersey Abscam people -- i.e., there would
be few, if any, indictments.
There is no perfect case. Claimed due process
violations have rarely required dismissal either of indict-
ments or of convictions that were obtained on sound and
convincing evidence. The usual consequence of' a due process
violation has been an adjustment in what evidence can be
presented at trial, reflected in the redaction of documents -
or. testimony, or sometimes in the total suppression of
illegally acquired evidence.
Plaza's attitude toward Abscam was perhaps best
expressed when just before Abscam went public he told a
member of the Eastern District Strike Force, "I hope the
whole thing blows up in your face". D.P. Tr at 2892-93.
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