Autocracy moves swiftly. It's thrilling. Things happen and they happen fast. It's all about fighting the enemy.
The Facebook whistleblower said: "It’s easier to inspire people to anger than it is to other emotions."
Democracy and due process are dull and slow-moving.
The Facebook whistleblower said: "It’s easier to inspire people to anger than it is to other emotions."
Democracy and due process are dull and slow-moving.
https://twitter.com/BlueGirlRules1/status/1447712446181875713
There are rules against prosecutors talking about ongoing investigations for a reason.
Consider how making it easier to imprison people would backfire. The whole point of due process is to slow things down.
Think of it this way . . .
Consider how making it easier to imprison people would backfire. The whole point of due process is to slow things down.
Think of it this way . . .
https://twitter.com/UniqueIdentity/status/1447769187472920576
One side wants to speed up the process. They envision a conveyor belt. For much of our history, criminal justice meant putting black men in jail. In autocracies, criminal justice is to put political dissenters in jail. . .
For the past 100 years or so, liberals have worked to reform the system by making it harder, not easier, to put people in jail.
Sorry, this is dated. I included in a book I published several years ago (but I had it handy.)
See the problem?
Sorry, this is dated. I included in a book I published several years ago (but I had it handy.)
See the problem?
Me (and others) spent years trying to change a conveyor belt into an obstacle course because the more places along the way there was to prevent an innocent black man from being imprisoned, the more chances we had to keep from going there (or get him out on appeal.)
Over the past, say, 100 years, things have improved enormously, but the criminal justice system is still flawed because (1) it's run by human beings (2) not all people are good people.
It will never be perfect because it can't.
But we want to push it the right direction.
It will never be perfect because it can't.
But we want to push it the right direction.
The right direction is the idea I started with.
Criminal punishment = the state, the government, inflicting pain.
There was a time, not long ago, when "justice" was carried out by mobs with pitchforks. (Lynching mobs)
Criminal punishment = the state, the government, inflicting pain.
There was a time, not long ago, when "justice" was carried out by mobs with pitchforks. (Lynching mobs)
Now I revealed my hand. I spent my career as a criminal defense appellate lawyer.
My practice was limited to indigents. I have never represented anyone who could afford to pay me, or who did pay me.
My practice was limited to indigents. I have never represented anyone who could afford to pay me, or who did pay me.
(California has a right of appeal, so I was paid through the CA budget.)
When I looked at the system and saw problems, I worked to correct them.
I never said, "The system sucks so we should burn it all down."
When I looked at the system and saw problems, I worked to correct them.
I never said, "The system sucks so we should burn it all down."
Prosecutorial discretion is also a pillar of democracy (or an institution).
In autocracies, the autocrat decides.
In the days of lynching, the mob decided.
Now the prosecutor decides.
Trust me on this. . .
In autocracies, the autocrat decides.
In the days of lynching, the mob decided.
Now the prosecutor decides.
Trust me on this. . .
During my career as a defense appellate lawyer representing indigents in CA, I rarely liked the decisions made by prosecutors.
OK, I'll it say it directly. I was often appalled.
They don't always do what we like.
But prosecutorial discretion is better than the alternative.
OK, I'll it say it directly. I was often appalled.
They don't always do what we like.
But prosecutorial discretion is better than the alternative.
If you're talking about the Jan. 6 select committee, I think they'll meet their deadline of mostly finishing by spring, and entirely by November.
People are holding out the Jan. 6 select committee investigation (the one issuing subpoenas) . . .
People are holding out the Jan. 6 select committee investigation (the one issuing subpoenas) . . .
https://twitter.com/todd_harmon/status/1447919569486721035
. . . as some kind of magic bullet. If the select committee moves faster (they're moving fast) they will save democracy.
Sorry to disappoint you all. This is the magic-bullet theory.
They make a criminal referral. They will issue a report like this: judiciary.senate.gov/imo/media/doc/…
Sorry to disappoint you all. This is the magic-bullet theory.
They make a criminal referral. They will issue a report like this: judiciary.senate.gov/imo/media/doc/…
The corollary is that if we just quickly put enough people in jail, we can save democracy.
We have a political problem (A dangerous percentage of Americans prefer autocracy)
We have a law enforcement problem.
The criminal justice system can't solve the political problem.
We have a political problem (A dangerous percentage of Americans prefer autocracy)
We have a law enforcement problem.
The criminal justice system can't solve the political problem.
Someone pointed out that big shots are saying subpoenas should have been enforced at midnight (before anyone actually failed to show up for a deposition)
That would have made for some great theater. It would have raised the temperature.
Trump also provided great theater. . .
That would have made for some great theater. It would have raised the temperature.
Trump also provided great theater. . .
So many people want to live in Trump's world where we live for the thrill of landing blows on our enemies.
(1) Fascism is about landing blows on the enemy
(2) When "news" becomes a show, what matters is who puts on the best show.
There is no showman better than Trump.
(1) Fascism is about landing blows on the enemy
(2) When "news" becomes a show, what matters is who puts on the best show.
There is no showman better than Trump.
My advice: Don't try to out-Trump Trump.
Don't try to out-fascist the fascists. Then we're no better than they are, and there is no rule-of-law party for people to vote for.
Don't try to out-fascist the fascists. Then we're no better than they are, and there is no rule-of-law party for people to vote for.
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