Always important to remember how the American criminal justice system actually works. Depending on the jurisdiction somewhere between 90 to 97% of crimes are pleaded out. Law and Order-style trials are exceedingly rare. The exception, not the rule.
The entire system *can only function* with this being the case. As Michelle Alexander has pointed out, if every defendent got a trial the entire system would collapse under the weight. All parties to the system understand this.
Prosecutors use leverage, and the enticement of lighter sentences to induce please and defense lawyers and defendants make risk judgements. One binding constraint in all of this, of course, is that resources are limited. Everyone only has so many labor-hours to spend.
Which brings us to Big Show-Stopping Trials of Powerful people. These are a fraction of a fraction of what happens in the system, and in many ways the valence of advantage and resource constraints operate under an entirely different field of instutional gravity.
TL:DR; rolling up pleas all day on drug busts, or even getting homicide convictions at trial are very very different things than nailing the former President of the United States of America who will functionally have infinite resources at his disposal.

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More from @chrislhayes

11 May
Never forget that a huge reason we’re having this war over voting access is that John Roberts invented a totally new constitutional principle out of whole cloth so he could kill the Voting Rights Act for no good reason.
Here’s Richard Posner on Shelby County back in 2013:
Turned these tweets into an A block. Who says Twitter is a waste of time!
Read 4 tweets
6 Mar
Based on vaccination rates and the passage of this bill, it seems like giving every parent in America the *option* of full time in-person instruction starting May 1 would be an ambitious but doable goal. Instead, the largest systems in the country aren't going to even try.
And by not even try, I mean there are literally no plans in major cities to attempt it. It's just chalked. That seems nuts to me. Maybe it's not doable? But worth the effort.
People say is it worth it with only a bit of school left? That’s a fair question. Everything having to do with this issue is a balance of risks, costs and benefits, but I think in-person public schooling is a truly vital social good.
Read 4 tweets
4 Mar
I think if you're a campaign practioner or a practioner of electoral politics more broadly it's really important to be attuned to public opinion and to basically treat it as exogenous. Don't center your campaign on unpopular stuff is important advice!
Indeed, I think there are certain areas of The Discourse that way too flippantly ignore public opinion as an actual constraint on political action, believing it's not real or can be overcome with boldness or tactical audacity. And so reminders about the median voter are useful.
That said, yhe most interesting thing to me, as someone whose life's work is analyzing politics more broadly is that "public opinion" changes, & it changes in fascinating, remarkable often unpredictable ways over time. The alchemy of how that happens is why politics fascinates me
Read 4 tweets
25 Feb
It remains bizarre to me that the entire discourse around speech, offense, taboos, accountability etc seems to completely ignore that we had an *extremely* similar set of debates about this in 1990s around "political correctness." It was a whole thing!
Not that the lesson there is dispositive in any particular direction or for any particular case but it's very strange to me that no one ever seems to reference these *(very similar) debates in this conversation.
Read 5 tweets
23 Feb
I think the messaging on vaccines and transmission has gotten really muddled. Clinical trials did not test for transmission so we didn’t have hard clinical data. But the absence of that data was taken to mean “maybe you can still pass it on.”
There was never a very persuasive reason to think, as a basic hypothesis, that the virus wouldn’t also interrupt transmission. But being cautious in the face of absent data makes sense.
That said, we’re now getting some initial data on this question and, provisionally, it does appear the Pfizer vaccine *also* blocks transmission at similar rates to which it blocks infection.
Read 5 tweets
21 Feb
This version of the Big Lie is what i call High Hawley-ism, that it's all about how states expanded voting in the midst of a pandemic. It's disingenuous nonsense. But..
What's key about this is that it is, I think, an early trial balloon for GOP state legislatures unilaterally changing voting rules, and/or simply awarding the electoral college votes themselves no matter who people vote for.
This dubious theory, that only state *legislatures* can make these kinds of changes also invites all kinds of mischief by federal judges to reach in and overrule state supreme courts. It didn't work in 2020, but that doesn't mean it won't.
Read 6 tweets

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