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John Murtha — Part 28
Page 31
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IV. DEFENDANTS' CLAIMS
A. Claims of The Myers Defendants.
The four defendants in Myers have filed joint
briefs in support of all post-trial motions and thus their
arguments are referred to collectively. The Myers defendants
essentially claim that the Abscam investigation did not
uncover criminal conduct, but instead created or instigated
any criminality that may be present, and that improper .
delegation of authority, lack of supervision, inadequate
documentation and the reward system used by the government
31
created such doubt as to the truth, reliability and integrity -
of the verdict as to require dismissal of the indictments.
The Myers defendants urge, in effect, that notwithstanding
their failure to claim entrapment at the trial, they are
_ not precluded from now asserting a defense of "entrapment
as a matter of law", or "objective entrapment". They urge
that many states have recognized and legislatively adopted
objective entrapment and that the federal courts should’ —~ ~
constitutionalize that trend..
More particularly, the Myers defendants argue
that the government did not infiltrate or uncover ongoing
criminal activity, but instead created such -activity; that
the government offered overwhelming inducements to the
Myers defendants; that Abscam was conducted without adequate
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