On Friday, the Washington Post published an account of an interview it held with US Attorney General Eric Holder, who said the Department of Justice would conduct a comprehensive review of criminal cases in which the government used or is using evidence that it acquired through through warrantless wiretaps. Holder said that the DoJ would notify defendants in those cases where the government had used such evidence, “where appropriate.” In such situations, convicted defendants might even be able to retry their cases. Until this year, the Department of Justice had never divulged to any defendants whether they had been subject to spying approved by the Foreign Intelligence Surveillance Act.

This precedent was maintained by the government, perhaps to reap the benefits of a decision made by the Supreme Court in February 2013, which essentially stated that parties could not sue the government for spying on them if they could not prove that they had been spied on.     

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