If the defense can establish that the accused/convicted was the target of illegal surveillance (See Bill of Righrs, Forth Amendment) the accusation/conviction cannot stand up to a Supreme Court review. And Gen Flynn would go free. Conviction has to be "clean". Illegal surveillance will dirty the conviction so badly that they will see his rights were violated and he goes free. Hope this helps.
Nice deconstruction............
If the defense can establish that the accused/convicted was the target of illegal surveillance, the accusation/conviction cannot stand up to a Supreme Court review.
Gen Flynn would go free.
Conviction has to be “clean”. Illegal surveillance will dirty the conviction so badly that they will see his rights were violated and he goes free.
FARA is a federal law that requires people who advocate on behalf of foreign government to register. Failure to do so is the pretextual crime.
Based on this pretext, the government can obtain a search warrant that will NEVER see the light of day. These are FISA warrants. FISA stands for "Foreign Intelligence Surveillance Act." This act was passed to create a court to "oversee" government surveillance aimed at foreign intelligence (not crimes, but spies) - before this, (and as a matter of Con law), no warrant is required. But the public was getting uppity about the "no warrant" thing, so Congress created a law to provide the appearance of oversight, then shrouded the oversight in complete secrecy.
Another attribute of FISA is that when a warrant issues, the snooped has a defense to snooping without adequate predicate or justification.
Combining FARA and FISA, the government creates a paper trail that totally immunizes bad actor snoops from accountability under the law.
All by the book.
Congress enbaled the bad actors and by operating as a "closed club," is not offended when the law is abused to keep the club closed.