To many, especially my colleagues at the criminal defense bar, this will all sound like heresy. Maybe it is—still, probably worth a discussion.
After all, the title of this column might suggest that I’m advocating a position that anyone who has ever defended a person in the public eye will (maybe, rightly) see as anathema. It’s tough enough to defend any case against the awesome power of the government seeking to convict. But then, to also face a prosecutor whose arsenal includes a press release (often distributed via tweet, among other fora) and/or that stinging press conference. You know, those conferences ostensibly designed to “inform” the public, but equipped, maybe intended, to create irreversible public sentiment against the accused.
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