A Malicious Chapter in the History of American Justice
A Malicious Chapter in the History of American Justice
An unusual tweet caught my eye last week.
It was from Josh Gerstein, Politico’s senior legal affairs reporter, and it said this: “NEW: Trump admin takes rare step to quell controversy over prosecutorial misconduct in dropped criminal case against Chicago-area anti-ICE protesters. Feds won’t fight defense demand to pay bill for activists’ legal fees.”
Here’s why it’s so notable. In our legal system, prosecutors rarely pay a criminal defendant’s legal fees, even when the government loses its case. Defendants tend to be reimbursed only when they can prove serious prosecutorial misconduct. It’s even rarer for prosecutors to agree to pay those fees. Experienced lawyers will read that........
