Thread by @MaxKennerly

We need to clear up something about the Cosby case: the DA, Castor, was not trying to help the women Cosby raped.

The DA was trying to help Cosby defend the civil cases.

/1

Assume the DA did nothing at all. The civil cases proceed, Cosby takes the Fifth to avoid incriminating himself, the jury is instructed to draw an inference against him (see Baxter, 425 US 308), and, having no defense, Cosby likely gets walloped with gigantic verdicts.

/2

Or assume the DA wanted to help the women's civil cases. He then tries get a verdict against or plea from Cosby, creating collateral estoppel, so the plaintiffs could walk into court with liability already decided in their favor and go straight to damages.

/3

Instead of either choice above, the DA made things worse for the women, working with Cosby's lawyers to ensure Cosby could defend the lawsuits by testifying while also evading judicial and public scrutiny, as would come with the ordinary methods of granting Cosby immunity.

/4

That's why none of the normal procedures were followed. It wasn't a mistake by the DA or Cosby's lawyers. This was the best plan they could think of to reduce what Cosby might pay to the women he raped.

That is not "due process." It is "special process for rich rapists."

/5

Which makes the PA Supreme's contortions all the more maddening. The only people who benefit from this ruling are people so rich and powerful that the DA isn't just refusing to prosecute their crimes, the DA is actively working against their victims.

/end

https://twitter.com/mldauber/status/1410618120599834633