lprent: Post from No Right Turn. In this case I haven’t asked for permission because I was irate about the suppression decision in the first place, but I’m sure I/S will understand. I haven’t seen the variance to the suppression decision – but I consider that I/S will be correct as invariably is on statements of fact.
Yes, I’m serious. The defendants in a hugely controversial and political case will be tried by a judge, rather than a jury. No matter what you think of the case, this should be deeply troubling. Juries aren’t just a fundamental protection for the accused, the ultimate check on abuses of state power – they are also the primary signifier of a fair trial in this country. Yes, judges say that a judge alone trial is as fair as a jury trial (but they would, wouldn’t they). The problem is that the public just doesn’t believe that. Which means that if the trial continues in its current mode, the verdict simply will not be accepted. Any conviction can be blamed on the unfair process rather than the evidence. And even if you think the accused are guilty, that’s not a Good Thing.
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