The affidavit must indicate why investigators were unable to retrieve any information from MSN Hotmail and/or any other computers or accounts searched,

because of its unreliability, incompleteness and inaccuracy.

Unless the United States demonstrates a legitimate reason why these recordings are essential to an issue in dispute either in the guilt or penalty phase of this case, these tape recordings should not be admitted at trial,

I have made the decision.

we're not going to get into a political discussion at this point.

In all the years I've been on the bench, I've never seen such an egregious violation of the court's rule on witnesses.