Should the FBI allowed to use evidence gathered by keyloggers without a wiretap order? A federal judge is going to decide today. The FBI argues that the keylogger didn’t record emails — a claim which 1) doesn’t even pass the giggle test, and 2) they aren’t offering any technical details to back up — and that therefore only a regular old dime-a-dozen search warrant was necessary. Riiight.

We couldn’t have asked for a worse test case, though. The defendant: Nicodemo S. Scarfo Jr., second-generation mobster.