-And you think this sort of position is something to be -supported, rather than a civil libertarian's horror? -What is it that you do at the Brennan Center, anyway?
Don't worry, I don't do criminal justice. I'm mostly working with unions and labor folks to criminalize anti-worker behavior by firm management and shareholders. And I'd love to see union-busting lawyers thrown in jail when they advise employers on how to violate the law, since it's merely a cost of doing business.
And I see no civil liberties problem with saying that, if it's illegal to order an illegal action, it's also illegal to knowingly convey that order to a third party, knowing it will be executed by that third party.
Frankly, I find the whole left focus on the civil liberties of the guilty misguided; we have two million people in jail, so all the Miranda rules and exclusionary rules have done nada to prevent America from being a gulag for the poor and non-white. The only limit to incarceration has turned out to be the budgets of state governments, not legal rights.
I'd far rather see the left focus on compensation campaigns for innocents wrongly convicted and a campaign to end the drug war.
Nathan newman