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You don't think there's something just a tiny bit qualitatively different about having sold our democracy to whichever foreign interest were offering?
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That's laughably overwrought. They went trawling for dirt and were happy to take it from Russians. Politicians of old did far worse. And I'm sure they also did the same. In days past, however, the trail couldn't be investigated. Now we have electronic data and records adequate to determine how the dirty tricks were performed.
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So it doesn't count as a prosecution unless it does to trial, or what? Because Mozilo paid a $67.5 million fine and is banned from public companies.
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Right. If you're a rich criminal who can dime out "Friends of Angelo" such as Chris Dodd, you get a fine. If you're a rich fool who uses inside info to avoid half a million in stock losses like Stewart, but you have no dirt on politically powerful people, you're made "an example... for deterrent purposes." And if you're not rich at all, and you're just dealing drugs, well fuck you -- you get 10 years for trafficking.
We pick and choose who gets crucified and who gets a pass in this country on the most arbitrary and indefensible bases. I'm not suggesting undoing the system entirely. I don't think you can have a justice system without some selective prosecution. I'm merely suggesting selective prosecution be an allowed defense and mitigating factor in sentencing.
Consider the cocaine vs. crack debacle. Congress only rectified that inequity after recognizing the law was predatory and discriminatory. Is it any less predatory to jail Martha Stewart over something for which you and I would only receive a fine? (Because we both know, that's all that would happen to a Joe Shmoe who used inside info to the small degree Martha did.)
People should be able to point back at the prosecutor, break down the fourth wall and say, "I'm being treated unfairly versus others because this prosecutor is politically ambitious/wants a famous scalp for 'deterrent value'/wants to test a novel legal theory." Prosecutors should always be at a decided disadvantage in a country that actually gives a shit about its citizens' rights. Instead, we've a system where they hold all the cards.
