Authors of serious books seldom have cause to
celebrate, but Larry Stratton and I have two reasons
to open 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 it 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.
With this point made, I have come not to praise
myself and my coauthor, but to praise Silverglate.
If "The Tyranny of Good Intentions"
cannot convince you, then perhaps "Three Felonies
a Day: How the Feds Target the Innocent" can -- and,
if not, then both together surely will.
"The Tyranny of Good Intentions" is a broad
stroke. It demonstrates how each civil liberty has
been eroded away. Prosecutorial abuse is one chapter
in the book.
Silverglates' "Three Felonies a Day" focuses on
how federal prosecutors invent creative
interpretations of statutes, sometimes creating new
felonies out of vague language or thin air, felonies
never legislated by Congress. Federal criminal law
is today so vast and so poorly worded, Silverglate
reports, truthfully, that each of us, every
American, commits three felonies every day without
knowing it.
Federal judges, an increasing number of whom are
former federal prosecutors, permit the prosecution
of Americans for crimes that the defendants did not
know were crimes, crimes that never before existed
until the federal prosecutor brought the charge.
The invention of crimes by prosecutors violates
every known legal principle in Anglo-American law.
Yet, it has become commonplace.
Defense attorneys, a group that also increasingly
consists of former federal prosecutors, as
Silverglate accurately reports, have lost confidence
that it is possible to defend a client from a
federal prosecution and see their role not as the
defense, but as negotiator of a plea bargain that
reduces the charges and prison time of the
defendant, no matter how innocent.
Silverglate shows that many of the plea bargains
create precedents that prosecutors can exploit to
trap more innocent victims.
The reader by now is asking why prosecutors would
waste time on the innocent when there are so many
real crimes. Silverglate provides conclusive
answers.
For example, politically ambitious federal
prosecutors, such as Rudy Giuliani and William Weld,
pick high-profile targets to frame in order to build
name recognition for political careers. Giuliani
picked Michael Milken and Leona Helmsley. Weld
picked Boston Mayor Kevin White.
Giuliani went on to be mayor of New York and a
candidate for the Republican presidential
nomination. Weld went on to be a two-term governor
of Massachusetts.
Leura Canary, perhaps at the urging of Karl Rove,
picked Alabama Gov. Don Siegelman. Michael J.
Sullivan picked Thomas Finneran, speaker of the
Massachusetts House of Representatives, and so on.
From Silverglate's book, the reader can learn how
federal prosecutors manage their frame-ups of
innocents. For a targeted city or state political
figure, the prosecutor first hunts for a criminal
act somewhere in the bureaucracy. Perhaps some
low-level person has extorted a bribe for a permit.
Once such a person is caught, he or she is told
that charges will be dropped if information is given
that can be used to implicate the mayor or speaker
of the House or governor. As federal district court
judges now permit hearsay and uncorroborated
testimony, a totally innocent high-profile person
can be snared on the basis of testimony by a petty
crook low in the bureaucracy.
This is the way America works today. Just as
state and local police cannot stand up to the FBI,
elected state and local officials are powerless in
the face of their pursuit by corrupt federal
prosecutors.
Silverglate himself was the attorney in some of
the landmark cases that he reports. The reader, even
one with the usual illusions and delusions that
blind Americans to their predicament, will be scared
by Silverglate's documented account, case by case,
of how easy it is in "freedom and democracy" America
to frame the totally innocent.
In Silverglate's concluding chapter, "For Whom
the Bell Tolls,"
the answer is obvious even to a naif: "It tolls
for all."