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John Murtha — Part 28
Page 75
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of injecting basic fairness into the proceedings and of |
assuring a convincing case when the investigation is conclud-
ed. Failure of an investigator to follow any particular .
guideline or any combination of guidelines, however, does
not authorize a court to invalidate a conviction. Mere
weak spots in the government's case are properly the subject
of evidence and argument before the jury, as they were ;
in these cases, and they may increase the chances of acquit-
tal. But they neither guarantee nor warrant dismissal
by the court.
ee
Defendants also point to the failure by FBI agents
to make the usual "302 reports" of some of the events which
occurred in the course of the Abscam investigation. Amorose
made few, if any. His explanation was that he was working
undercover and that the truly significant events in which
he participated were fully recorded on tape, video and
audio. For him, completing 302 reports that summarized
conversations already fully recorded electronically would
have been useless paperwork. While 302s are desirable,
perhaps indispensable for the FBI to effectively function
in its overall operations, their absence does not raise
constitutional issues in these cases. Lack of documentation |
of the government's investigation raises issues of credibili-
ty, but not of constitutionality.
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