Full opinion text
MEMORANDUM OPINION AND ORDER ILANA DIAMOND ROVNER, District Judge. I. INTRODUCTION The government alleges in this criminal prosecution that defendant David J. Shields, formerly the Chief Judge of the Chancery Division of the Circuit Court of Cook County, Illinois, accepted bribes from his co-defendant, Pasquale F. DeLeo, an attorney, in exchange for favorable treatment in a case pending before Shields. That case, as it turns out, was one of a series of mock cases filed by federal agents investigating corruption in the Illinois courts. Much of the evidence against both Shields and DeLeo was obtained by the government by means of electronic monitoring equipment which it installed in Shields’ chambers pursuant to an order issued by then acting Chief Judge James B. Moran on August 29, 1988. Shields has moved to suppress the evidence obtained through electronic surveillance and to dismiss the superseding indictment, contending, inter alia, that authorization for the surveillance was based upon materially false information which the government had submitted in support of its application to bug Shields’ chambers. For the reasons set forth below, Shields’ motions to suppress and dismiss are denied. II. FACTS The fictional lawsuit which the government used as the vehicle for its undercover investigation was filed in the Chancery Division of the Circuit Court of Cook County, Illinois, on July 12, 1988. The case, Nichols v. Wilson, Case No. 88 CH 6337, was assigned by lot to Shields. (See Indictment 111(e).) Robert J. Cooley, an attorney cooperating with the Federal Bureau of Investigation (“FBI”), assumed the role of the plaintiff’s attorney in this contrived suit. Beginning just prior to the date the Nichols case was filed and continuing through the months of July and August, 1988, Cooley allegedly engaged in a series of conversations with Patrick Marcy, secretary of Chicago’s First Ward Democratic Organization and defendant DeLeo about the possibility of either persuading Shields to rule favorably to Cooley’s fictitious client or having the case assigned to another judge who could be so persuaded. These conversations were consensually monitored by means of a body recording device attached to Cooley’s person. Based upon the evidence which it gathered through Cooley in the months of July and August, the government on August 29, 1988, submitted an application to Judge Moran for permission to intercept oral conversations from Shields’ chambers pursuant to the provisions of the federal wiretapping statute, 18 U.S.C. § 2518. The government submitted the 17-page affidavit of FBI Special Agent John S. Bowen in support of its application. According to the affidavit, Bowen had been detailed to the Chicago field office of the FBI for the prior four years, and during that time had been assigned to investigate judicial corruption exclusively. (Bowen Aff. 113.) In his affidavit, Bowen laid out the background of the government’s ongoing investigation in connection with the Nichols suit, and detailed the evidence which the government had gathered to date through Cooley. Many of the particular representations that Bowen made in his affidavit have been set forth in detail below; consequently, a lengthy summary is not required here. Briefly, Bowen asserted that although Marcy ultimately had been unable to offer Cooley any assistance in securing a favorable disposition of the Nichols suit, DeLeo had represented to Cooley on August 16, 1988, that he could arrange to fix the case by passing along money to Shields. (Bowen Aff. 118D.) According to the affidavit, Cooley and DeLeo had agreed upon a figure of $2,500 to be paid to Shields in exchange for a favorable ruling upon a motion for an injunction that Cooley intended to bring in the immediate future. (Id.) Bowen further represents that Cooley and DeLeo met the following day, at which time DeLeo scheduled a meeting with Shields on the morning of August 19, 1988, prior to the hearing which had been set for later that morning on Cooley’s motion for a temporary restraining order in the Nichols case. (Id. 118E.) The hearing allegedly went forward on August 19. According to Bowen, Cooley met with DeLeo that morning outside Shields’ courtroom and at DeLeo’s request paid him $2,500 on the representation that DeLeo would take it to Shields. (Bowen Aff. ¶ 8F.) DeLeo then allegedly left Cooley and walked through the courtroom toward the hallway leading to Shields’ chambers. (Id.) He allegedly returned moments later, informing Cooley that Shields would not accept the money until after he had ruled upon Cooley’s motion. (Id.) According to Bowen, an ex parte hearing on Cooley’s motion subsequently went forward before Shields, who granted the request for a temporary restraining order. (Id.) By its terms, the order purportedly would expire on August 29, 1988. (Id.) According to Bowen’s affidavit, Cooley and DeLeo met again on August 24, 1988. (Bowen Aff. 118G.) At that time, Bowen represented, the two discussed Cooley’s intention to appear before Shields on August 29 and request a continuance of the temporary restraining order. (Id.) DeLeo purportedly encouraged Cooley to have his client present, assuring Cooley that he would make sure Shields ruled in Cooley’s favor. (Id.) Bowen further represented that DeLeo instructed Cooley to call him on the morning of August 29, 1988, and indicated that he would arrange to meet with Shields prior to the hearing that day. (Id.) According to Bowen, DeLeo indicated to Cooley that Shields was content with the $2,500 he had been paid, and recommended that Shields be paid an additional “two bits,” which Cooley took to mean another $2,500. (Id.) Bowen’s affidavit reports that Cooley appeared before Shields on August 29, 1988, in the Nichols case, and at that time a representative of the fictional defendant requested a continuance until the following day. (Bowen Aff. II 81.) Shields allegedly granted the request. (Id.) Cooley and De-Leo spoke later that day, according to Bowen, and DeLeo indicated he would see Shields prior to the time Cooley was due back in court on the following day. (Id.) Cooley intended to present a request to extend the temporary restraining order when he next appeared before Shields, Bowen represents; and Cooley planned to meet with DeLeo beforehand and pay him $2,500 in exchange for a favorable ruling on the request. (Id.) Having set forth these factual assertions, Bowen stated his belief that conversations would occur between Shields and DeLeo in Shields’ chambers on August 30, 1988, prior to the scheduled hearing in the Nichols case that day. (Bowen Aff. 1181.) Bowen anticipated that the two men would discuss the disposition Cooley wanted as well as the money received from Cooley, and that DeLeo would deliver the bribe to Shields at that time. (Id.) On the evening of August 29, 1988, Judge Moran granted the government’s application for leave to begin monitoring oral conversations within Shields’ chambers. The authorization order which Judge Moran signed reflected his findings that there was probable cause to believe that: (1) Shields and DeLeo had committed and were committing offenses involving the interference with commerce by extortion and the conspiracy to do so, in violation of 18 U.S.C. § 1951, and racketeering, in violation of 18 U.S.C. § 1962; (2) oral communications concerning these offenses, in particular communications regarding the solicitation and receipt of bribes to influence the handling of civil cases pending in the Circuit Court of Cook County, Chancery Division, would be intercepted from Shields’ chambers; and (3) Shields’ chambers had been and were being used by defendants in connection with these offenses. (Aug. 29, 1988 Order Authorizing Interception of Oral Communications at 1-2, 1111 A, B, D.) Judge Moran also found that “[njormal investigative procedures have been tried and failed to achieve all of the objectives of the investigation, reasonably appear unlikely to succeed if continued, or are too dangerous.” (Id. at 2, ¶ C.) III. ANALYSIS A. Legal Standards Shields and DeLeo have filed their motions to suppress pursuant to the provisions of Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. § 2510, et seq., and Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). Defendants contend that the affidavit which the government submitted in support of its application to conduct electronic surveillance of Shields’ chambers contained material misstatements and omissions, and that absent these misrepresentations and omissions, probable cause to support the surveillance was lacking. See generally id. at 155-56, 98 S.Ct. at 2676. The Supreme Court’s opinion in Franks sets forth the general framework governing a Fourth Amendment challenge to the validity of a search warrant which the defendant contends was issued on the basis of factual misrepresentations: [W]here the defendant makes a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit, and if the allegedly false statement is necessary to a finding of probable cause, the Fourth Amendment requires that a hearing be held at the defendant’s request. In the event that at that hearing the allegation of perjury or reckless disregard is established by the defendant by a preponderance of the evidence, and, with the affidavit’s false material set to one side, the affidavit’s remaining content is insufficient to establish probable cause, the search warrant must be voided and the fruits of the search excluded to the same extent as if probable cause was lacking on the face of the affidavit. 438 U.S. at 155-56, 98 S.Ct. at 2676. See also United States v. McNeese, 901 F.2d 585, 593-94 (7th Cir.1990). Omissions from the affidavit are evaluated on the same basis. Id. at 594. Thus: The omission of a fact from an affidavit is material only if it amounts to deliberate falsehood or reckless disregard for the truth. Mere negligence by the affi-ant does not constitute reckless disregard for the truth. Nor is an omission material if, in context, the information was of such minimal significance that its omission could not reasonably have affected the magistrate’s [or the judge’s] judgment in finding probable cause to search. Id. (citations omitted). The Seventh Circuit has applied this same framework to motions to suppress the fruits of electronic surveillance authorized under Title III. See United States v. Williams, 737 F.2d 594, 602 & n. 5, 604 (7th Cir.1984), cert. denied, 470 U.S. 1003, 105 S.Ct. 1354, 84 L.Ed.2d 377 (1985). Within this framework, the defendant’s initial burden is to make a “substantial preliminary showing” that the affidavit submitted in support of the government’s warrant application was materially misleading. See 438 U.S. at 155, 98 S.Ct. at 2676. As the Supreme Court stressed in Franks, this burden is not minimal: There is, of course, a presumption of validity with respect to the affidavit supporting the search warrant. To mandate an evidentiary hearing, the challenger’s attack must be more than conclusory and must be supported by more than a mere desire to cross-examine. There must be allegations of deliberate falsehood or of reckless disregard for the truth, and those allegations must be accompanied by an offer of proof. They should point out specifically the portion of the warrant affidavit that is claimed to be false; and they should be accompanied by a statement of supporting reasons. Affidavits or sworn - or otherwise reliable statements of witnesses should be furnished, or their absence satisfactorily explained. Allegations of negligence or innocent mistake are insufficient. 438 U.S. at 171, 98 S.Ct. at 2684. See also McNeese, 901 F.2d at 594 (“[defendant] must offer direct evidence of the affiant’s state of mind or inferential evidence that the affiant had obvious reasons for omitting facts in order to prove deliberate falsehood or reckless disregard”). Moreover, even where the defendant has succeeded in proffering evidence which substantiates his contention that the affidavit contained deliberate misrepresentations or omissions, the Court need not invariably grant the defendant an evidentiary hearing on the motion to suppress. Rather, the misstatements or omissions must be material; that is, they must have been necessary to the finding of probable cause underlying the warrant. A substantial preliminary showing that the affidavit contained reckless or deliberate falsities and omissions must be followed by a substantial showing that the affidavit purged of those falsities and supplemented by the omissions would not be sufficient to support a finding of probable cause. Id. at 596, citing Franks, 438 U.S. at 171-72, 98 S.Ct. at 2684. See also id. at 156, 98 S.Ct. at 2676; United States v. Muhammad, 928 F.2d 1461, 1464-65 (7th Cir.1991). Having reviewed defendants’ motions as well as Agent Bowen’s affidavit with these requirements in mind, the Court finds that Shields has not made a substantial showing sufficient to require a Franks hearing. As set forth below, the most Shields is able to demonstrate is that in certain instances, Bowen made representations which were mistaken. Even this conclusion, however, requires one to indulge Shields in certain assumptions. More importantly, Shields has come forward with no evidence tending to show that the purported inaccuracies amounted to deliberate or reckless misrepresentations on Bowen’s part. To the extent there are any discrepancies in Bowen’s affidavit, they are not of such magnitude that they give rise to an inference of a disregard for the truth, nor has Shields submitted any additional evidence from which such an inference could be drawn. In sum, the most one can glean from Shields’ objections is a showing of minor negligence in certain isolated instances. This falls far short of what is required in order to merit a Franks hearing. See 438 U.S. at 171, 98 S.Ct. at 2684; McNeese, 901 F.2d at 594. However, even if the Court were to assume that defendants had succeeded in establishing that Agent Bowen’s affidavit did contain deliberate false statements or omissions, it nonetheless would conclude that these statements or omissions, taken either individually or together, are immaterial. In other words, the Court finds that stripped of the purported misstatements and supplied with the purported omissions, the Bowen affidavit would nonetheless have been sufficient to supply probable cause for the electronic surveillance in this case. See Franks, 438 U.S. at 171-72, 98 S.Ct. at 2684-85; McNeese, 901 F.2d at 594. The Court’s findings as to each of the asserted misrepresentations and omissions are set forth below. In addressing in detail each of the many objections Shields has made to the affidavit, the Court does not mean to suggest that it entertains any doubt that the affidavit, viewed as a whole, amply supports Judge Moran’s determination of probable cause. See n. 3, supra. Rather, the Court has undertaken a thorough review of Shields’ objections merely in order to afford the defendants the benefit of every reasonable doubt. But see Muhammad, 928 F.2d at 1465 (doubtful cases should be resolved in favor of upholding warrant). B. Purported Misrepresentations and Omissions 1. Shields’ purported satisfaction with money Shields initially attacks Paragraph 8G of Bowen’s affidavit, contending that it “sets forth a blatant misrepresentation on perhaps the most crucial point in the affidavit — that DeLeo allegedly had personal knowledge that Shields took a bribe to fix the Nichols case and was satisfied with the amount of the bribe.” (App. at 2.) In full, Paragraph 8G states: On August 24, 1988, CW had a consensually monitored conversation with DeLeo. DeLeo recommended that CW have his client in court on August 29, 1988, when CW would be seeking an extension of the temporary restraining order. DeLeo said that if CW had his client there, he (DeLeo) would make sure that Judge Shields ruled in CW’s favor. DeLeo also told CW to call him at 9:00 a.m. on August 29, 1988 and DeLeo would go to see the judge before the 11:00 a.m. hearing. DeLeo also indicated that the judge was satisfied with the $2,500 paid on August 19, 1988. DeLeo also recommended that the judge be paid an additional “2 bits” (believed by CW to mean $2,500) for any subsequent action taken by the judge. Based upon these statements, af-fiant believes DeLeo paid the bribe money to Shields sometime between August 19, 1988 and August 24, 1988. (Emphasis supplied.) According to Shields, the representation that DeLeo had told Cooley that Shields was satisfied with the $2,500 he had received was an outright fabrication. In Shields’ view, this was a misrepresentation which was critical to the success of the government’s application to bug Shields’ chambers, for it was offered to establish DeLeo’s personal knowledge that Shields had accepted a bribe. Stripped of this misrepresentation, Shields contends, the Bowen affidavit contains nothing more than evidence of “boasting and larceny by trick on the part of DeLeo”; and without it, Shields further asserts, Judge Moran would not have granted the government’s Title III application. (App. at 4.) In response, the government contends that Bowen’s statement was a completely accurate representation of what Cooley had told him. Thus, after Bowen discussed the August 24 meeting with Cooley, he wrote in an FBI 302 that “Smith [Cooley] advised that DeLeo also indicated that the Judge was satisfied with the last $2,500 payoff.” (Bowen 302, dictated Aug. 24, 1988/tran-scribed Aug. 31, 1988.) Because the “last $2,500 payoff” as of the August 24 meeting was the one Cooley had [allegedly] made on August 19, 1988, the government contends, Bowen’s affidavit was true to what Cooley had recounted of his conversation with DeLeo. (Gov.Mem. at 36.) The only basis for Shields’ argument to the contrary, the government further argues, lies in the transcript of this conversation. The initial draft of this transcript reported the following exchange: COOLEY: Alright, but I mean, with him, was he happy with what I gave him before. DELEO: Yeah COOLEY: Ok, as long as he’s happy that’s the, you know the main thing. (Draft Transcript at 4, Tape No. 170, Aug. 24, 1988.) Shields maintains that the word “Yeah” cannot be heard on the tape. The government concedes that point and has revised the transcript to indicate that DeLeo gave no response which is audible on the tape. But the dispute about the accuracy of the transcript has nothing to do with the accuracy of Bowen’s affidavit, the government maintains. The transcript had not been prepared at the time Bowen’s affidavit was executed, and the affidavit does not purport to quote DeLeo as if the transcript had been prepared. (Gov.Mem. at 37.) Finally, the government maintains that to the extent that the revised transcript indicates that DeLeo made no audible response to Cooley’s inquiry regarding the judge’s satisfaction with the money previously paid to him, it does not call the veracity of Bowen’s affidavit into question. According to the government, Cooley never stated nor did Bowen represent that DeLeo had orally confirmed Shields’ contentment with the payoff; the affidavit simply states that DeLeo had “indicated” Shields was satisfied. (Gov.Mem. at 37-38.) Moreover, assuming that Cooley had reported to Bowen that DeLeo had given an oral response to his question, it would not have been improper for Bowen to rely upon that report and so represent in his affidavit. (Id. at 38, citing United States v. McDonald, 723 F.2d 1288, 1293 (7th Cir.1983), cert. denied, 466 U.S. 977, 104 S.Ct. 2360, 80 L.Ed.2d 831 (1984).) Having reviewed Bowen’s affidavit, his form 302 summary of Cooley’s account of the August 24 encounter with DeLeo, and both the tape and transcripts of this encounter, the Court agrees that Shields has made no showing of a reckless or deliberate falsity which would entitle him to an evidentiary hearing. Bowen’s representation that “DeLeo also indicated that the judge was satisfied with the $2,500 paid on August 19, 1988” does not depart in any manner from the 302 summary Bowen prepared after debriefing Cooley. Thus, assuming the accuracy of the 302, there is no suggestion that Bowen misrepresented the version of the conversation that Cooley had given him. Nor does the tape recording of the conversation between DeLeo and Cooley suggest that Cooley, let alone Bowen, had misrepresented the import of the exchange between the two. Having listened to the recording, the Court agrees that one cannot discern from it an audible response to Cooley’s question about Shields’ satisfaction. However, given the imperfections of body recording devices and the occasionally transient quality of the recordings, the inability to hear a response on the tape does not exclude the possibility that a faint oral response not picked up by the recording device was nonetheless given; nor does it exclude the possibility that DeLeo may have answered the inquiry with a some form of nonverbal response. Indeed, the context of the conversation suggests that DeLeo did give some sort of affirmative response. Thus Cooley goes on to remark (without subsequent correction or contradiction from DeLeo), “Ok, as long as he’s happy....” Of course, it remains for the jury to decide, after hearing both Cooley’s testimony about the conversation and the recording of it, what DeLeo actually indicated to Cooley. However, the record as it now stands suggests that Bowen’s summary of the August 24 exchange between DeLeo and Cooley was entirely faithful to what transpired. Furthermore, Shields has brought forward no evidence which suggests that Bowen recklessly or deliberately misrepresented the conversation. 2. DeLeo’s statement to Cooley suggesting Shields was corrupt Shields’ next objection focuses upon Paragraph 8D of Bowen’s affidavit. In relevant part, that paragraph states: On August 16, 1988, the CW engaged in a consensually monitored conversation with DeLeo at which time DeLeo clearly stated, after being told that the case was assigned to Judge David J. Shields, that he could assist in fixing the case. DeLeo indicated that “the judge will do whatever you want, all he is worried about is getting the money.” (Emphasis supplied.) Shields contends that the quote is a fabrication, employed by Bowen in order to suggest that DeLeo knew, presumably from past experience, that Shields would accept bribes. (App. at 5.) In response, the government terms this objection as “the case of the out-of-place quotation mark.” (Gov.Mem. at 38.) The government concedes that DeLeo did not use the word “money” when he was describing to Cooley what it was that Shields purportedly cared about. (See id. at 40.) Indeed, as the transcript of the conversation referred to in this paragraph reflects, and as the Court’s own review of the tape recording of the conversation confirms, what DeLeo and Cooley appear to have said to one another is as follows: DELEO: Okay lets do this. I’ll tell you the best way with Dave, okay? What’s the first step? The first step is to get the injunction right? COOLEY: Well we want, I wanna make sure though, I wanna make sure Pat if I do something. In other words I don’t wanna do something before this guy and get started and you can’t move the case. I think, I think anytime. DELEO: No, he’ll do whatever we want, all he’s wan ... worried about is this. That’s what I’m saying and you know and you, you know how, what to do. COOLEY: Okay. (Transcript at 3-4, Tape No. 163, Aug. 16, 1988) (Emphasis supplied.) Bowen was plainly aware that DeLeo had not used the word “money” in this exchange, for in the Form 302 summary he prepared regarding this conversation, he wrote: DELEO told SMITH [COOLEY] that “The judge will do whatever you want, all he is worried about is getting the money.” SMITH stated that DELEO did not utter the word “money” but instead indicated the judge’s concern about the money by making the hand motion of rubbing his fingers together. (Bowen 302, dictated Aug. 18, 1988, Transcribed Aug. 25, 1988.) However, the government argues that the inaccuracy is limited to one word (“money”), a word which accurately reflects the tenor of what DeLeo actually said (“this”) and did (rubbed his fingers together). Shields offers no alternate construction of DeLeo’s statement and gesture, the government observes ; moreover, in its own view, the notion that DeLeo was talking about money is confirmed by the remainder of the conversation: DELEO: Tell me what the first step is to get the injunction. That’ll lock up the money. COOLEY: That’s the first thing you wanna do right? DELEO: (IA). I’ll approach him and ask him, Judge here I got this case you know, we’re getting into it. It’s very important ah, here’s what I wanna do. The first thing I wanna do is lock up the money by getting an injunction. COOLEY: Once we do that we’re, I think we’re basically home free. DELEO: And then right then and there I’ll take care of him on that. COOLEY: Okay. DELEO: Yeah what is, the first step is to get the injunction. You want me to talk to him first. COOLEY: Yeah definitely. I, I wanna make sure. DELEO: (IA) write (IA). COOLEY: I wanna make sure that he doesn’t play games. I wanna make sure that you know I don’t go in there and have him hem or haw or Hedge. DELEO: No he won’t play games. COOLEY: Because the moment we do it this guy will glam with the money. DELEO: You just tell me what you want to do with it. COOLEY: Well the main thing is to get an injunction... DELEO: Just got to motion it up. COOLEY: We motion it up? Well let me see whats what then and ah, ah I’ll give you a call and ... alright. DELEO: But all you got to do is tell me what you want me to give him COOLEY: Alright you tell me whats fair. DELEO: I don’t know. COOLEY: Yeah. DELEO: I know. You know all I want to do, all I want to do is lock him up. COOLEY: Theres big bucks involved in it. DELEO: You tell me what you want to do. COOLEY: Theres big bucks involved. DELEO: You tell me what you wanna do. COOLEY: Well you tell me whatever is fair to start. DELEO: I don’t care. It don’t make any difference. COOLEY: Alright give me a normal number. DELEO: I have no idea. COOLEY: I’ve never done anything before in the civil area. DELEO: I have no idea. COOLEY: So numbers I, I don’t care what the numbers are. You know if it’s worthwhile. DELEO: I don’t know. COOLEY: If I, if I can walk in and look at the star. DELEO: He’ll do it, he’ll do it like this. COOLEY: Okay. DELEO: Okay. He’ll do anything. You tell me what you want me to give him. COOLEY: How about, how about 2500? DELEO: Fine. COOLEY: Alright? Then let me get the motion ready to go in. I’ll see you in a day or two and I’ll get you then. DELEO: (IA) COOLEY: Okay? DELEO: Okay. No problem. (Transcript at 4-9.) The government maintains that DeLeo’s use of phrases such as “I’ll take care of him” and “all you got to do is tell me what you want me to give him” in this portion of the conversation makes clear that Cooley and DeLeo are talking about money, and thus corroborates the construction Cooley and Bowen had given to DeLeo’s earlier statement that “all he cares about is this.” What Shields’ objection boils down to, the government argues, is that Bowen used quotation marks when he should not have; but the misplaced quotes did not distort the import of DeLeo’s remark, nor would the affidavit in its corrected form have been any different substantively. Bowen’s affidavit is misleading to the extent the quotation marks suggest DeLeo actually used the word “money” when telling Cooley what it was Shields purportedly cared about. Yet, the Court finds it significant that Bowen used the word “indicated” in recounting DeLeo’s statement. (See Bowen Aff. ti 8D.) One might reasonably conclude from Bowen’s use of that word that his summary of DeLeo’s statement to Cooley was merely meant to be an approximation, not an exact quote. That point aside, having reviewed the transcript of the entire- conversation and listened to the recording, and taking into account Bowen’s 302 summary of what Cooley reported from the conversation, the Court finds any discrepancy from DeLeo’s actual statement to be minimal. Shields does not dispute that but for the word “money,” Bowen’s description of DeLeo’s remark is accurate, nor, as the government has pointed out, does Shields suggest that DeLeo meant something other than “money” when he used the word “this” and rubbed his fingers together. Thus, but for Bowen’s erroneous use of the quotation marks, the affidavit is true to the information set forth in the 302 summary. Moreover, a reasonable interpretation of the subsequent exchange between Cooley and DeLeo is that the two were discussing how much money should be given to Shields. In this context, although Bowen’s affidavit may have misquoted DeLeo, it does not distort the apparent meaning of DeLeo’s remark. Indeed, assuming the affidavit had been correctly phrased or punctuated, it would have conveyed the same information to Judge Moran. In other words, the Court finds the deviation between the account of the conversation which Cooley had given to Bowen and Bowen’s affidavit in this instance so slight as to have been immaterial. At the same time, the circumstances reflect no evidence that Bowen’s summary of the conversation amounted to a reckless or deliberate misrepresentation of fact. 3. Relevancy of Cooley’s Alleged Prior Corrupt Dealings with Patrick Marcy In Paragraph 6B of his affidavit, Bowen summarizes prior instances in which Cooley allegedly had bribed members of the judiciary at the behest of Patrick Marcy: Prior to cooperating with the government, CW fixed a number of cases at the request of Marcy. One case involved a murder committed by Harry Aleman in approximately 1977. CW paid Cook County Circuit Court Judge Frank Wilson $10,000 in order to fix the case. CW obtained the money from Pat Marcy. Aleman was found not guilty by Wilson in a bench trial. Another case involved a murder involving members of a Chinese organization known as the On Leong. CW served as courier for bribe money from New York members of the On Leong to Marcy and Chicago First Ward Alderman Fred Roti. A third case, in 1985, involved an attempted murder charge against a defendant named Michael Collella. The victim was a Chicago police officer. While CW was attempting to negotiate a plea in the case, Marcy contacted CW and told him to try the case because it had “already been taken care of.” The defendant was subsequently acquitted in a bench trial before Cook County Circuit Court Judge Lawrence Passarella. Shields contends that this information is completely irrelevant to the question of whether or not Shields was corrupt and was likely to discuss bribery with DeLeo in his chambers, and was included in the affidavit merely to prejudice Judge Moran. This objection is without merit, for several reasons. First, it is an objection which is misplaced in the immediate context, for it suggests no deliberate or reckless falsity. Second, to the extent it represents a contention that the government improperly presented irrelevant information in support of its Title III affidavit, it ignores the role of the judge in evaluating that affidavit. As an experienced and neutral arbiter of the affidavit’s sufficiency, Judge Moran was more than able to differentiate between information which was relevant to the probable cause determination and information which was merely extraneous. Only to the extent he was presented with false or distorted evidence would Judge Moran’s ability to evaluate the merits of the Title III application have been impaired, and, as already noted, this is not the objection which Shields makes here. Finally, Cooley’s purported history of endeavors to bribe other members of the judiciary was not completely irrelevant, as Shields contends. In any case in which the government seeks leave to conduct a search or electronic surveillance based in part upon information obtained from or through an informant or cooperating witness, the credibility and experience of this individual are, if not dispositive, certainly relevant. Evidence that Cooley previously had engaged in the type of illicit conduct which the government was attempting to expose tends to lend credibility to the observations and interpretations Cooley reported to the government and at the same time renders it somewhat more likely that individuals such as Marcy and DeLeo would have known and accepted Cooley as an accomplice in corruption. Thus, reference to Cooley’s prior forays into judicial bribery was not improper, nor does it call into question Judge Moran’s determination of probable cause. 4. Omission of exculpatory statements by Marcy regarding the possibility of bribing Shields Bowen’s affidavit recounts a series of three conversations between Cooley and Marcy in July, 1988, shortly after the Nichols v. Wilson case was filed, in which they discussed whether the case could be reassigned to another judge or, in the alternative, whether Shields could be influenced to dispose of it favorably. Paragraphs 8B and 8C describe these conversations as follows: B. On July 14 and 21, 1988, the CW engaged in consensually monitored conversations with Pat Marcy in regard to the status of his, Marcy’s, attempts to have the case reassigned to Judge [A] or if possible influence Judge David J. Shields to render a favorable disposition of the matter. Marcy had previously indicated to CW that he could try to have the case reassigned to a favorable judge if the original assignment was not a favorable one. Marcy had also previously indicated that he could help CW on any case CW requested help. Marcy is not an attorney, nor does he have any lawfull [sic] authority to cause a case to be reassigned. C. On July 26, 1988, the CW engaged in a consensually monitored conversation with Marcy at which time Marcy indicated that he would not be able to do anything on the case because “the court system was just too hot right now and everybody’s scared.” CW told Marcy he would talk to someone else about the case, and Marcy recommended that CW do that. Shields argues that Bowen distorted the nature of these conversations (and several others between Marcy and Cooley, to which Bowen makes no reference) in several ways: by omitting certain key statements by Marcy which were exculpatory to Shields, by inventing one quote and by distorting others in order to give them a “sinister cast,” and by omitting the exculpatory conclusion which should be drawn from the conversations. (App. at 7.) In order to assess the propriety of Bowen’s representations, it is necessary to quote at length from each of the conversations in question. The first took place on July 11, 1988, just before the Nichols case was filed. After Cooley describes the facts underlying the case to Marcy, he asks Marcy about the possibility of having the case assigned to a favorable judge: MARCY: Where’s this go who’s hearing this? COOLEY: ... about, I’m gonna, it hasn’t been assigned yet. I’m gonna go file it in the next day or two and it has, it has to be filed in Chancery. Is there any chance of gettin the thing to [A]. Any chance of gettin the case to him? MARCY: [A] who? COOLEY: [A]. Isn’t he in Chancery he’s in Chancery isn’t he? MARCY: Yeah but now it goes through computers. COOLEY: I mean it must be, there’s no way ... MARCY: There is no way, no. COOLEY: There’s no way to get around it? MARCY: No. COOLEY: Well it, it ... MARCY: All we can do, let me, let me know where it’s goin’ and then let me go from there. COOLEY: See if, if we file now, if we file and we don’t like the judge we have ten days to SOJ [“Substitution of Judge”]. Once we SOJ, can we do something? MARCY: Can’t do it. I don’t know let me find out. COOLEY: You see, I got, I got twenty thousand from the guy already up front. MARCY: Let’s see where it goes Bob. COOLEY: Ok. MARCY: I, I ain’t gonna bullshit you but if we can handle the guy fine, if we can’t I’m gonna tell you about it. COOLEY: There’s no way to get around the machine though. MARCY: No way, I tried that a year ago. (Transcript at 1-2, Tape No. 155, July 11, 1988.) The conversation subsequently concluded with Cooley promising to give Marcy a call. Cooley saw Marcy on July 14, 1988, and informed him that the case had been assigned to Shields: COOLEY: We got Judge Shields. DAVID SHIELDS. (Kids playing in background) MARCY: I wouldn’t go near him with a ten foot pole. COOLEY: Ok. MARCY: But I’ll tell you let me find out. (ui) putz around with it. COOLEY: See I’ve got 10 days. MARCY: (ui) Let me talk to somebody another Judge. COOLEY: Ok. MARCY: Let me pick his brain and see what he does. COOLEY: Ok. MARCY: ... Uh today is Thursday, I’ll see this guy Monday, you see, call me Tuesday and I’ll tell you whether he is friendly or whether he’s (IA). COOLEY: Ok good. (Transcript at 1-2, Tape No. 157, July 14, 1988.) Marcy and Cooley spoke again on July 19, 1988, but Marcy had no information for Cooley: COOLEY: Any news? MARCY: No not yet. COOLEY: Okay well. MARCY: I got some guy working on it. (Transcript at 1, Tape No. 161, July 19, 1988.) On July 21, 1988, Marcy still had no news: MARCY: Bob, I’m waitin for ... this afternoon give me a call. I’ll find out. COOLEY: Ok. (Transcript at 1, Tape No. 159, July 21, 1988.) Cooley telephoned Marcy later that day: MARCY: Yeah. I talked and he’s still trying ... still trying. COOLEY: Okay. MARCY: (Inaudible) so we’ll see. COOLEY: Okay well so we got until like ah Tuesday to ah to make a move. MARCY: Well if you don’t hear from me by Tuesday make it. COOLEY: Okay PAT. MARCY: Cause I don’t think he’s bull-shitten he says I’m still trying maybe over the weekend he said. COOLEY: Well I’ll check with you then for sure on Monday, then I’ll decide what I’m gonna do. (Transcript at 1, Tape No. 162, July 21, 1988.) Cooley called Marcy as promised on the following Monday, July 25, 1988: COOLEY: Any news at all? MARCY: No, no. COOLEY: Oh. MARCY: I gotta talk to ... these guys are scared shitless. COOLEY: Okay. MARCY: I’ll talk to you about that. COOLEY: Okay. MARCY: Alright. (Transcript at 1, Tape No. 167, July 25, 1988.) Cooley and Marcy met the following day: MARCY: What happened? COOLEY: No I mean uh, no good news huh? MARCY: This guy scared to death. What got the guys talkin to (ui) he says Pat you know what you askin, I know what I’m askin’ you. These guys today ain’t the right time to talk to these guys. They don’t know what’s cornin’ up they bringin’ guys in they brought some guys in some judges that got brought back in. COOLEY: From out of town you mean. MARCY: Yeah bringing ’em in so they, they’re scared to death. COOLEY: I got somebody else that maybe can get it moved. MARCY: Who? COOLEY: Another guy I’m gonna go see now ... MARCY: Go ahead. COOLEY: ... and this guy told me he can maybe get it moved anybody in particular might be good. MARCY: Well COOLEY: Otherwise its there’s no sense in me if you know (ui) ... if somebody’s for sure. MARCY: I don’t know what to tell you. COOLEY: I was told until, until you do something before a judge you can still SOJ him and that’s why I haven’t gone in to get my process server appointed, but my client’s on my back now to do something and I can’t, I’m not telling him what’s going on, I’m not gonna say nothing to him, I just want to try and see if we can do, if we can’t do something no sense in my even trying though. If everybody’s nervous then there’s no sense ... MARCY: I don’t know what to tell you, I don’t you got me out in the woods. COOLEY: Alright then you know ... MARCY: And I’m not gonna fuck around these guys and I know they’re gonna flip if they squeeze their neck a little. COOLEY: Yeah. MARCY: I don’t need that shit. COOLEY: Exactly. Ok. MARCY: Alright. COOLEY: Then I’ll you know see what’s, maybe I’ll try on the up and up I might even try that, (laughing) MARCY: You know that’s very possible. COOLEY: No but I’m just saying its a uh, its a touch and go situation I’d like to have but if we can’t uh, if we can’t get help we can’t get help. MARCY: If I hear anything I’ll reach out for you. COOLEY: Ok. (Transcript at 1-2, Tape No. 160, July 26, 1988.) With the content of the conversations between Marcy and Cooley having now been laid out, the Court can turn to Shields’ objections to the manner in which Bowen described them in his affidavit. Shields’s first contention is that Bowen’s summary is misleading because it omits statements which are exculpatory to Shields. Shields notes that Bowen’s affidavit makes no mention of the July 11, 1988, conversation between Cooley and Marcy, in which Marcy stated (1) that there was no way to get around the computerized case assignment system, and (2) that “I ain’t gonna bullshit you but if we can handle the guy fine, if we can’t I’m gonna tell you about it.” The affidavit also does not report Marcy’s comment on July 14, 1988, that he wouldn’t go near Shields “with a ten foot pole.” The import of these statements, Shields suggests, was that “some judges were simply honest and could not be bribed,” and that Shields was one of these judges (App. at 10-11); indeed, Cooley himself later told DeLeo that “Pat [Marcy] says Shields can’t be .talked to” (Transcript at 8, Tape No. 163, Aug. 16, 1988.) By failing to mention these statements in Bowen’s affidavit, Shields argues, the government falsely implied that Shields could be bribed, when the omitted statements actually indicated the opposite. (App. at 11.) Shields next challenges several of the representations in Bowen’s affidavit which he contends were either inventions or distortions of what Marcy had in fact said to Shields. The first objection in this regard concerns Bowen’s representation that on July 26, 1988, “Marcy indicated that he would not be able to do anything on the case because ‘the court system was just too hot right now and everybody’s scared.’ ” (Bowen Aff. ¶ 8C.) Nowhere on the tape recording of this conversation does Marcy actually use these words, and Shields contends that Bowen fabricated the quote to imply that in Marcy’s view, Shields could not be bribed to fix the Nichols case only because of heightened scrutiny of the Cook County courts rather because of a principled unwillingness on Shields’ part to accept bribes. (App. at 12.) Shields’ second objection argues that the affidavit distorts Marcy’s remarks about Cook County judges being scared by implying that Marcy was in direct contact with Shields, when in fact the particular words Marcy used (“these guys are scared shit-less”; “[tjhese guys today ain’t the right time to talk to these guys”; “they’re scared to death”; “I’m not gonna fuck around these guys”; “I know they’re gonna flip if they squeeze their neck a little”; “[t]hey don’t know what’s cornin’ up” (July 26, 1988); “[l]et me talk to somebody another Judge” (July 14, 1988)) indicate that Marcy was not dealing with Shields at all. (App. at 12-13.) Indeed, Shields argues, the emphasis of the conversations between Cooley and Marcy was not upon trying to bribe Shields, but upon trying to have the case reassigned to another judge who could be bribed. {Id. at 13.) Third, Shields asserts that the government, in order to further impugn Shields and corroborate DeLeo’s boasts that he could bribe Shields, falsely suggested to Judge Moran that Cooley and Marcy had discussed someone other than Marcy who might be able to bribe Shields. Shields contends that this is the clear implication of Bowen’s representation that “CW told Marcy he would talk to someone else about the case, and Marcy recommended that CW do that.” (Bowen Aff. ¶ 8C.) In fact, Cooley told Marcy that he had “somebody else that maybe can get it moved,” and that “anybody in particular might be good,” indicating, in Shields’ view, that he simply knew someone who could help him- get the case reassigned. (App. at 13.) Finally, Shields complains that the government purposely crafted Bowen’s affidavit in such a way as to fend off the exculpatory conclusion which Judge Moran would have drawn from an accurate portrayal of the conversations between Marcy and Cooley. The government went to great lengths in Paragraph 6 of Bowen’s affidavit to stress Marcy’s ability to corrupt members of the judiciary, Shields contends, yet the conversations between Marcy and Cooley reveal that Marcy was unable to bribe Shields. DeLeo, in contrast, was “small potatoes.” (App. at 14.) In Shields’ eyes, there is only one conclusion to be drawn from these conversations: “if Marcy, who the government contended was a master fixer, could not fix the case, there is no way that Pat DeLeo could fix the case.” {Id.) Only by intentionally distorting what Marcy had told Cooley, Shields argues, was the government able to prevent Judge Moran from reaching this same conclusion. {Id.) With respect to the first argument concerning the omission of exculpatory information, the government relies upon United States v. Colkley, 899 F.2d 297, 301 (4th Cir.1990), for the proposition that “omitted information that is potentially relevant but not dispositive is not enough to warrant a Franks hearing.” The government also argues that the conclusion which Shields distills from the purportedly omitted statements — that DeLeo could not fix the case if the more skilled Marcy could not — is “nonsense”. (Gov.Mem. at 43.) In the government’s view, an official’s reluctance to accept a bribe from one individual does not rule out the possibility that he might be more willing to deal with someone else. At the same time, the government asserts, statements like Marcy’s — “I wouldn’t go near him with a ten foot pole” — are not exculpatory. Proof that Shields would not take money from Marcy is not proof that he would not accept a bribe from DeLeo, and the thrust of Bowen’s affidavit was that surveillance of Shields’ chambers would reveal DeLeo bribing Shields. (Id.) Moreover, Marcy’s statement was merely an expression of personal opinion, the government points out, and one which would not have influenced Judge Moran’s decision. (Id. at 43-44.) With respect to Shields’ charge that Bowen manipulated Marcy’s statements to render them incriminating, the government contends that Shields has completely misread the affidavit. Bowen did not attribute to Marcy any statement connoting a corrupt relationship between Shields and himself, the government notes. (Id. at 44 & n. 21.) Indeed, according to the government, Bowen’s affidavit made clear that Cooley and Marcy had simply discussed two options: (1) having the case reassigned to another judge whom Marcy knew to be cooperative or (2) influencing Shields, if that were possible. (Id. at 44, citing Bowen Aff. ¶ 8B.) Bowen’s representation that Marcy had said “the court system was just too hot right now and everybody’s scared” (Bowen Aff. ¶ 8B) was plainly not an implicit reference to Shields, the government argues; and to the extent that it was not an exact quote, it was nonetheless an accurate paraphrase of Marcy’s statements. (Id. at 45-46.) In sum, the government contends, Bowen accurately described Cooley’s discussions with Marcy as to the possibility of fixing the Nichols case. The affidavit hid no exculpatory evidence from Judge Moran, and did not falsely portray these explorations as incriminating of Shields. (Gov.Mem. at 41-46.) The Court has carefully reviewed each of the transcripts reflecting the meetings between Cooley and Marcy, and finds that Bowen’s affidavit contains no significant misrepresentations or omissions concerning those meetings. The affidavit accurately summarizes the thrust of the conversations as well as the outcome. In this Court’s view, no misimpression was conveyed to Judge Moran. The affidavit is not wanting on the ground that it omitted exculpatory information. In the first instance, none of the statements which Shields contends should have been included are truly exculpatory. The most helpful among the lot is Marcy’s statement that he wouldn’t go near Shields “with a ten foot pole.” One way to interpret this statement is that Marcy believed Shields would not accept a bribe. But certainly there are other ways to construe this statement. Ultimately, the government is correct in observing that the statement is nothing more than an expression of Marcy’s opinion. Other statements, such as Marcy’s promise to be candid with Cooley as to whether the judge assigned to the Nichols case could be bribed, taken in context might also suggest that Marcy came to the conclusion that he could not bribe Shields. Marcy’s explanation that there was no way around the computerized ease assignment system did nothing more than squelch whatever notion Cooley may have had about getting Marcy to rig the case assignment; it does not reflect upon the character of any judge, including Shields. Plainly, Cooley did strike out with Marcy, but that outcome is quite clear from Bowen’s affidavit. None of the omitted statements would have added anything of substance to the affidavit, for they supplied no relevant information as to whether or not DeLeo would be able to bribe Shields. Moreover, whatever slight exculpatory quality the omitted statements may have possessed, their omission does not call the adequacy of Bowen’s affidavit into question. In Colkley, supra, 899 F.2d at 302-03, the Fourth Circuit rejected the defendant’s argument that the Fourth Amendment imposed a duty upon the government to disclose potentially exculpatory evidence when it applied for a warrant. The court articulated three reasons for its holding, which this Court finds persuasive. First, although Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), imposes a duty upon the government to reveal exculpatory evidence which might have an impact upon a verdict, the Brady rule applies in the trial setting, where the defendant enjoys a presumption of innocence and a due process right to a fair trial. 899 F.2d at 302. Probable cause determinations, however, are merely preliminary, and do not carry with them ramifications commensurate with an ultimate adjudication of guilt or innocence. Id. Second, whereas Franks requires a showing that information was deliberately or recklessly misrepresented or withheld from the judge issuing the warrant, Brady eschews inquiry into the prosecutor’s intent and focuses solely upon the materiality of the information. Because warrant applications are made at an early stage of the proceedings when it may be difficult to assess whether or not a given piece of information is exculpatory, it may be unreasonable to import into this context the broad duty of disclosure which Brady imposes. Id. at 303. Third, reading a Brady obligation into the Fourth Amendment “would severely disrupt the warrant process.” Id. The rule would place an extraordinary burden on law enforcement officers, who might have to follow up and include in a warrant affidavit every hunch and detail of an investigation in the futile attempt to prove the negative proposition that no potentially exculpatory evidence had been excluded. It would perforce result in perniciously prolix affidavits that would distract police officers from more important duties and render the magistrate’s determination of probable cause unnecessarily burdensome. In addition, a broad duty of inclusion would turn every arrest or search into a warrant contest. Such consequences would, in turn, discourage reliance on warrants, a result the Supreme Court has stated should be avoided in shaping Fourth Amendment doctrine. Id. (citation omitted). Colkley itself acknowledges that there may be instances in which it preliminarily appears that the government deliberately withheld exculpatory information material to the probable cause determination, thus requiring a Franks hearing. 899 F.2d at 303. This was not one of those instances, given Bowen’s essentially accurate summary of the Cooley-Marcy encounters and the immaterial nature of the omitted details which Shields has cited. Absent such a showing, a Franks hearing cannot be compelled on the ground that the government failed to disclose potentially exculpatory information when it sought the warrant. Nor is a Franks hearing required on the ground that Bowen intentionally distorted the content of Cooley’s conversations with Marcy, for there is no evidence of such distortion in Bowen’s affidavit. The first purported instance of misrepresentation that Shields has cited is at worst another example of the misplaced quotation mark. As is evident from the tapes and transcripts of the July 25 and 26 exchanges between Cooley and Marcy, Marcy never said “ ‘the court system was just too hot right now and everybody’s scared.’ ” (Bowen Aff. II8C.) To the extent Bowen’s affidavit suggests that Marcy used these exact words, it conveys a misimpression. Yet, once again, the context of Bowen’s statement need not be read this way. As with the earlier objection involving Bowen’s use of quotation marks, his concurrent use of the word “indicated” reasonably may be construed as a signal that the subsequent passage enclosed within the quotation marks was intended as a paraphrased version of what the speaker said rather than a verbatim quote. Even if one indulges in the presumption that Bowen meant to convey the impression of an exact quote, the deviation from Marcy’s exact words is of no import. The statements Marcy actually made {e.g., “these guys are scared shitless”; “today ain’t the right time to talk to these guys”; “they’re scared to death”) convey the same idea that Bowen’s paraphrased version does — that the judges who might otherwise be willing to cooperate with Marcy were presently too nervous to do so. Thus, the Court finds it highly unlikely that Judge Moran was at all misled as to the content of Marcy’s remarks. Shields’ suggestion that Bowen’s affidavit was crafted in such a way as to imply that Marcy was speaking of Shields in particular is completely off base. In summarizing Marcy’s report of the jitters his contacts were having, Bowen nowhere uses Shields’ name, or even a singular pronoun such as “he” or “him”. Bowen’s actual statement is worth repeating: “Marcy indicated that he would not be able to do anything on the case because ‘the court system was just too hot right now and everybody’s scared.’ ” (Bowen Aff. ¶ 8C.) To read this statement either as implying that Marcy had been in touch with Shields or as saying anything about Shields in particular (let alone that Shields would be willing to accept a bribe but for the present air of nervousness) requires quite a leap of the imagination. Shields has shown no basis for attributing such a leap to Judge Moran, nor for attributing to Bowen the intent that Judge Moran make such a leap. Equally implausible is Shields’ suggestion that when Bowen wrote, “CW told Marcy he would talk to someone else about the case, and Marcy recommended that CW do that” (Bowen Aff. ¶ 8C), he intended to mislead Judge Moran into thinking that Cooley and Marcy had discussed someone in particular who might be able to bribe Shields. As the transcript of the July 26 meeting reveals, Bowen’s statement is completely true to the actual exchange between Cooley and Marcy on this subject. Nothing in the affidavit can be construed to suggest either that Marcy and Cooley discussed anyone by name, or that the particular individual to whom Cooley had referred would be able to bribe Shields. Once again, there is no hint of deliberate or reckless misrepresentation. Having disposed of the individual objections Shields has raised with respect to this portion of the affidavit, the Court similarly must dismiss Shields’ objection to the overall thrust of Bowen’s summary. There is no ground to argue, as Shields does, that Bowen misrepresented the discussions between Marcy and Cooley so as to hide the ultimate outcome — Marcy’s inability to do anything for Cooley. Bowen did not hide from Judge Moran the fact that Marcy, the purported “master fixer,” could not bribe Shields. To the contrary, that fact is made quite plain in Bowen’s affidavit. (See 118C.) Accordingly, assuming that there was any exculpatory value in this scenario, Judge Moran had the full benefit of it in determining whether DeLeo, whom Shields characterizes as “small potatoes,” was able to accomplish what Marcy apparently could not in this instance. 5. Failure to acknowledge that Judge Salerno had previously denied accepting bribes from DeLeo Shields contends that the Bowen affidavit is also misleading when it reports that former Circuit Court Judge Frank Salerno had acknowledged taking bribes from DeLeo without mentioning that Salerno had previously denied doing so. The relevant portion of Bowen’s affidavit states: Former Cook County Circuit Court Judge Frank Salerno has been cooperating since his guilty plea to judicial corruption charges in October 1987. Salerno advised that during the years 1983 through 1985 he regularly received money from attorney Pat DeLeo in return for favorable rulings on DeLeo’s cases and in return received an envelope from De-Leo containing from $300-$l,000 per month. This arrangement continued until February of 1985 when Salerno was removed from Licensing Court after media reports that he was under investigation in Operation Greylord. (Bowen Aff. ¶ 7.) Shields contends that this information was included in the affidavit in order to bolster the credibility of DeLeo’s representations to Cooley that he could bribe Shields. (App. at 15.) Yet, the government failed to mention that during an extensive proffer which Salerno made to the government in May of 1987, prior to his guilty plea, Salerno had twice denied accepting any bribes from DeLeo, a fact purportedly reflected on FBI summaries of the proffer. In one instance, Salerno represented that he knew DeLeo as an attorney who practiced in Licensing Court and had sold DeLeo tickets to political fundraisers, but denied having accepted money from him in exchange for favorable treatment from the bench. On another occasion, Salerno provided a list of people who had either paid bribes to him, shared bribes with him, or accepted bribes from him. DeLeo evidently was not on this list. The FBI was aware of this “explosive evidence” at the time Bowen’s affidavit was prepared, but Shields maintains that mention of it was deliberately omitted in order to bury the inconsistency in Salerno’s representations, to avoid the accompanying loss of credibility, and thus to mislead Judge Moran. (App. at 16-17.) The government contends that there was nothing improper in the failure to mention Salerno’s prior inconsistent statement. Similar omissions have been upheld in other cases, the government notes, and here the omission does not call into question Judge Moran’s determination of probable cause. The government represents that when he recanted upon his initial denial that he had taken bribes from DeLeo, Salerno indicated he had feared for the safety of himself and his family. Moreover, the fact that Salerno had implicated DeLeo in the course of cooperating with the government after his own conviction and sentencing was clear from Bowen’s affidavit. Consequently, the government contends, it may be assumed that Judge Moran understood there was a basis upon which to impeach Salerno’s credibility. (Gov.Mem. at 46-48.) The Court perceives nothing “explosive” in Salerno’s prior denial of bribe-taking from DeLeo, and finds that the omission of this information was immaterial. Salerno’s prior statement certainly is impeaching, but the contention that the government should routinely include impeachment material in warrant applications implicates concerns identical to those wh