They have tons of "proof" in the legal sense, which is what was discussed here. The simple fact is that they are perfectly within their laws, as they were written specifically to accomplish these ends, and unless humans stop playing the game that has been set up, their going to continue to be treated, traded, and leveraged against by the state.
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How does a judge rule in a situation where one law mandates what in another law is defined as a crime? The only answer can be 'Depends on who pays them'.