How the Feds Imprison the Innocent
By PAUL CRAIG ROBERTS
Authors of serious books seldom have cause to celebrate, but Larry Stratton and I have two reasons to pop the champagne. Crown Publishing, a division of Random House, has announced a second printing of the second edition of The Tyranny of Good Intentions, and the noted civil libertarian and defense attorney, Harvey Silverglate, has just published a book covering many of the same legal cases and vetting our conclusion that in the United States every American is in grave danger from unscrupulous prosecutors who target the innocent.
For two decades I have been attempting to make Americans aware that the danger to their liberty comes not from foreign adversaries, terrorists, or criminals, but from prosecutors, who have destroyed law as a shield of the innocent and turned law into a weapon against the innocent. The Tyranny of Good Intentions (the publisher’s title) documents how the legal principles that protect our civil liberties were eroded by prosecutors even before the Bush regime obliterated what remained of the Bill of Rights.
The struggle has been uphill, because neither the right-wing nor the left-wing is emotionally content with the facts that Stratton and I present. Conservatives tend to see civil liberties as liberal coddling devices for criminals and, today, for terrorists. Predisposed to “law and order,” conservatives align with police and prosecutors. They object to accounts of police misbehavior and prosecutorial abuse as propaganda in behalf of the criminal class.
The left-wing tends to see law as a tool of oppression that “the rich” use to control the lower classes, and liberals fret that “the rich” get off by hiring good lawyers, while the poor and minorities are ground under.
Consequently, leftists object to the demonstration that even the very rich, such as Michael Milken, Martha Stewart, and Leona Helmsley, and even law and accounting firms, are victims of wrongful prosecution. Confusing wealth with villainy, leftists cannot free themselves from the emotional predilection that a convicted rich person must have been so guilty that not even the best lawyers could get them off.
The Tyranny of Good Intentions had a second printing of a second edition because of word of mouth, not because of reviews. Neither the right nor the left objects to wrongful prosecution as long as the victim is a bete noir. Sir Thomas More’s question (A Man For All Seasons)–what will happen to the innocent if we cut down the law in pursuit of devils?–rings no warning among right or left.