I came to the floor on May 25 to speak about the pressing criminal justice problems arising out of the so-called McDade law, which was enacted at the end of the last Congress as part of the omnibus appropriations law. At that time, I described some examples of how this law has impeded important criminal prosecutions, chilled the use of federally-authorized investigative techniques and posed multiple hurdles for federal prosecutors. In particular, I drew attention to the problems that this law has posed in cases related to public safety--among them, the investigation of the maintenance and safety practices of Alaska Airlines. Since I spoke in May, the McDade law has continued to stymie Federal law enforcement efforts in a number of States. I am especially troubled by what is happening in Oregon, where the interplay of the McDade law and a recent attorney ethics decision by the Oregon Supreme Court is severely hampering Federal efforts to combat child pornography and drug trafficking.
Editor's note · Context
Addressing the impact of the McDade law on federal law enforcement and criminal prosecutions.
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