Ben’s tweet illustrates one of the major challenges for criminal justice reform in the time of Trump—the various investigations associated with this presidency have highlighted uncomfortable truths of our criminal justice system. But the political outrage complicates those truths
As Ben notes, the Flynn prosecution involved common FBI tactics. Those tactics have been blessed by the courts time and again.
But those tactics are pretty awful. It’s unsettling when the FBI throws people in jail for lying to them, rather than having to prove a separate crime.
But those tactics are pretty awful. It’s unsettling when the FBI throws people in jail for lying to them, rather than having to prove a separate crime.
Also, the pressure that the government has to make people plead guilty is scary.
Here, it looks like they agreed not to prosecute Flynn’s son in return for Flynn pleading guilty.
I don’t know about you, but I’d plead guilty to something I didn’t do to keep my kid out of jail.
Here, it looks like they agreed not to prosecute Flynn’s son in return for Flynn pleading guilty.
I don’t know about you, but I’d plead guilty to something I didn’t do to keep my kid out of jail.
Flynn’s isn’t the only case that raises this issue.
The Federal Guidelines sentence for Roger Stone was too long.
The decision to indict Manafort in two different districts was an obvious ploy to guard against a jury acquittal.
But like Flynn’s case, these are typical tactics.
The Federal Guidelines sentence for Roger Stone was too long.
The decision to indict Manafort in two different districts was an obvious ploy to guard against a jury acquittal.
But like Flynn’s case, these are typical tactics.
To be clear, the people who say there is some deep state conspiracy against President Trump and his associates are totally wrong.
It’s important that the public knows that these are ordinary federal law enforcement tactics.
It’s important that the public knows that these are ordinary federal law enforcement tactics.
But the fact that these are ordinary tactics isn’t a substantive defense of the tactics themselves or the power that we’ve given to law enforcement in this country.
It should concern us that those who are politically aligned with the President see these as abuses, and those who oppose him don’t
It’s an uncomfortable reminder that harsh criminal tactics may be tolerated because they are usually employed against groups without political power
It’s an uncomfortable reminder that harsh criminal tactics may be tolerated because they are usually employed against groups without political power
It is tempting to dismiss these claims of abuse because they don’t seem to be made in good faith. For example, how can Bill Barr say that Stone’s sentence is too long, while insisting that federal prosecutors seek similar sentences in essentially all other cases?
At best, that seems like preferential treatment for the President’s associates. At worst, it looks like corruption or a cover up.
But the uncomfortable truth remains that the criminal justice system—and the federal system in particular—gives too much power to law enforcement.
And if we respond to Flynn’s supporters only by saying that these are ordinary tactics, we lose an opportunity.
And if we respond to Flynn’s supporters only by saying that these are ordinary tactics, we lose an opportunity.
In particular, we lose the opportunity to make changes to public expectations and to limit government power.
What’s worse, we may normalize these tactics. And we may encourage those who are happy to see government agents using these tactics against those they don’t like. /end
What’s worse, we may normalize these tactics. And we may encourage those who are happy to see government agents using these tactics against those they don’t like. /end
