November 13, 2009 featuring Harvey Silverglate

" America's criminal codes are now so voluminous that they bewildered not only the average citizen but also the average lawyers. -- silver -- in his new book three felonies today argues that the typical American professional. Is likely unaware that here she violates federal law -- He spoke of the Cato Institute October 1 2009. Full event's -- work."

" Let me explain for a moment the title three felonies today the it's a slightly sarcastic. May be slightly humorous. But the notion is this. An average busy professional in this country. Gets up in the morning -- gets the kids off the school -- the world uses the telephone. -- federal offense. Uses the telephone or email. Has meetings that works on a prospectus. Or a bank loan or whatever. Goes home. Puts the kids the beds that are reads the newspaper. And that goes to sleep and has no idea that in the course of that day. He or she has very likely committed three felonies. Three felonies that some ambitious creative prosecutor. Can pick out of that -- you day's activities. And put into an indictment if fades so. So want to. And and that says -- had a slight exaggeration but really not much. The -- I want to also point out the phenomenon that I am not talking about. I'm not talking about federal listen to -- personally believe the federal government has -- areas that should remain. With the states I do and I also think that much better off leaving them to the states because. The states actually do a better job a lot of these kinds of criminal areas. But I'm not talking about federalists are also not talking about another problem over criminal as a nation which I know. That -- was very active and dealing with right now -- so many crimes on the books the explosion. A -- criminal statutes I think that's a huge problem but. What you at least can understand them. Then you at least have a leg up is if you you know you can navigate to date you understand what the loss is too and presumably. -- today without becoming a criminal. But when the statutes -- V. You're helpless to totally. At. The mercy of the government. Because nobody can figure out even if you wanted to be a slave. You couldn't figure out how to beat you this way if because you didn't you don't know what you should refrain from doing. So if this is. Eight problem separate from or some related to and the others. Now. Alan Dershowitz wrote a we're wrote it forwards to the book. And he was completely free of what's rightly wanted some of his theories of how to solve this problem I actually don't agree with. And some I do. But he has a very interest earning paragraph. About -- and Dershowitz litigated some cases the old Soviet Union. And he was always -- by the fact that they could. Prosecute anybody they want because you know some of the statutes. Were so vague outlook -- would you news. And of course who was a -- just depended on whether the government in power like you didn't like you'd think they'd determined if you're -- whole again. And the points out in the forward. That it was this as a technique developed by Beriault who has the infamous sidekick. To Stalin who said quote. Show me the man and I'll find you the crime close quote. And that really is. Something that has survived the Soviet Union has -- that cross continents. And has arrived here in the good old USA show me demanded. This has any federal prosecutor and I can show you. The crime. We are it's not an exaggeration. Ask anybody who's been indicted. Ask anybody who's tried when these crazy cases it is not an exaggeration in Maine out of it everybody in this room yet. But it certainly can and certainly will -- if you. Com. Now how does this play out in in the United States why is it that the department does this Department of Justice well. To some extent. This. Weaponry is aimed at unpopular citizens -- members of unpopular suspicious groups. It isn't I think the primary. Impetus but it certainly is a tool for example for going after these days Muslims. A political. The people with a political party out of power. You know anybody who happens to be a target for any reason and did the day they go after. But it's hardly limited to just unpopular. Groups. For the most part. I think he's prosecutions of -- They sometimes have a lot to do with the additions of prosecutors -- morning to get their name in the papers. But. And sometimes the other prosecutors with psychological disabilities that sort of unity day they they think that it's their job to clean up the world to clean up the country from. Dishonest people. But you know. Fundamentally I don't really induced gains. All of the motives that go into the use of these weapons are only can tell you -- him a sociologist -- psychiatrist or psychologist. I can just tell you that these weapons or it's wrong. With alarming frequency and increasing frequency. Army silverlight is author of three felonies today to watch the full advantage -- Donald."