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John Murtha — Part 28

137 pages · May 10, 2026 · Broad topic: General · Topic: John Murtha · 134 pages OCR'd
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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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