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John Murtha — Part 28
Page 71
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a
statements or conduct by him would be immune from investiga-
tion. Such a per se rule would soon frustrate virtually
all undercover law enforcement. :
As presently viewed by the Supreme Court the.
law protects the innocent in an undercover investigation,
not by honoring incantations of "verbal insulation’, but
by making available the defense of subjective entrapment
to be determined by a jury, always with power reserved
to the court to set aside any conviction obtained by “out-
rageous" government conduct that disregards principles
of fundamental fairness. It is not "outrageous" merely
because the agents did not cease their efforts immediately
upon a politician's initial proclamation of honesty.
4, Violations of Laws, Regulations and Guidelines.
Defendants argue that dismissal of the indictments
is required because in the course of Abscam the gavernment
engaged in widespread and continuous violations of laws,
regulations and guidelines. Significantly, they do not_
‘point to violations of the constitution, nor do they relate
any of the claimed violations to any particular constitution-
al rights of these defendants. Instead, their arguments
are aimed at the operation of Abscam in general.
It is clear, however, that for a court to dismiss
an indictment there must be not only a constitutional viola-
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