By Andrew McCarthy
Breaking news: CAIR, perennial agitator for language purges and “hate speech” regulation, is suddenly the champion of First Amendment free expression. It proves, once again, that Islamists and leftists are just like defense lawyers.
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A defense lawyer who has a good case can be very persuasive. If the defendant really is innocent, or if the prosecution’s case really is flawed, defense counsel can take one main line of defense and pound away at it relentlessly. That is how doubt is sown, which is the defense lawyer’s objective. A credible story that the prosecutor cannot completely refute is the roadmap to acquittal.
This, however, is not the lot of most defense lawyers. In the vast majority of cases, the client really is guilty, and the state really does have ironclad proof. So defense counsel becomes the charlatan for whom every trial day is a new day. On Monday, he tries a false-identification theory, suggesting that the defendant was not even at the scene of the crime. When that doesn’t fly, on Tuesday he runs with, “Well, maybe he was there, but he didn’t know the three guys he was with.” Once that blows up, Wednesday’s gambit is: “Well, sure, he knew them, but he didn’t know they were going to rob the bank.” By Thursday, it’s: “Well, maybe he said he’d help them, but one was a government informant, so he must have been entrapped.”