WWL>Topics>>10-28-13 Garland & Harvey Silverglate-3 Felonies a Day

10-28-13 Garland & Harvey Silverglate-3 Felonies a Day

Oct 28, 2013|

The average American likely commits 3 Federal felonies a day....it's how the Feds target the innocent.

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Automatically Generated Transcript (may not be 100% accurate)

We figured about a book this hour and talking to the author of the -- book it's three felonies today. Of Fed's target the -- this is from a book review. Says ministers overdid it estimates the average person. -- -- Breaks at least three criminal laws each and every day federal inspections and regulations to be currents of voluminous and be. That overreaching prosecution. Product secured two wars can target and wondered at that time. There may think your opening day be -- one. Leveraged support -- cooperation. But it just made big vengeful or they could be building their own career the motives are secondary. What's primary is the clock -- -- -- the federal bureaucracy the United States now rivals the Soviet Union does either of its power. You grip you're ultimately proven innocent the vindication will come up to users. Of abuse of prosecution during which were at that will be frozen. Your fairway interrogated and perhaps threatened. Reputations smeared in your life let in shambles. How could this happen in the hands of the pre welcomed the show we're thrilled that -- barbs -- -- and author wrote the repellent today thank you so much for calling it. -- get me an idea when when I've told people about this most students who won't give me an idea three point alluded what kind of fell. Well the number of federal statutes. Extremely. Broad but more dangerous -- extra BP the federal definition of roared for example is not. What we believe this cool common toward that nation the commonwealth definition. If -- definition of fluid that most citizens of this state and destroyed. A certain kind of dishonest kinda. That the products of the person of property. That is the definition. Between the in this country in the western world generally. Have grown up with a perfect generation. And for centuries. That didn't federal debt position for a -- is not repeated to the common law definition. And therefore. Any variety of conduct that some federal prosecutor were FBI agent cool fortunately. And because it is -- lesson disclose started to work. Due to the other's -- it can be subject to prosecution. And of course. It doesn't -- in you have to file any monetary. Loss to the other side. And in that the problem that were coming up against and -- -- I can give you examples in any. Area of life as to -- Friday for example. If it's a species of computer world. If it's somebody you work. Sentencing email. Applies to email -- personal. Of them work. The reason for the is because. The employer's rules so most of you know we say illegal by the way. Guess -- eat your email address email system here workers for business use not personal use. And so wind emailed a personal prediction some decent human being that Wednesday. -- -- concerning -- -- -- my personal mail they simply get that Oak Beach to be at 6 o'clock. That is any potential. Federal computer fraud because he violates. The rules abuse laid out by the employer. And it's down a cure it but the -- prosecutions. For relief of cases like this who gets prosecuted. Somebody who wore again for what music. Well when you have a system. In Poland in the old Soviet Union. -- As secret police say that the bullets. You know she'll meet them and -- in the lines. -- Everybody is potentially guilty because we've got wars. Incomprehensible. And extremely -- -- So what we have to do is -- enemies of its statehood and in the style. You know spend. Parent it would have to be a real -- just somebody -- -- -- And that it would manage to bring prosecutions that would get them demanding that person in prison or worse. In the poured. Fairly well known lawyer Alan Dershowitz. Said that when you could bridge the roots political you ordered prosecutors have some power to criminalize ordinary conduct. The recording them like criminals that choose the system of checks and balances breaks now. Is that is is it just beginning to break definitely has always been breaking down. Or is that you've been -- -- -- to a point where it is broke. Don't rate -- in the mid nineteen. Practicing law. Since 1960. Seven graduated. But law school -- fact Alan Dershowitz -- -- why my professors and school. To I've been practicing law and sick and I noticed this problem be getting into one merge. In and need the 1980s. Something. Yeah collected Department of Justice. -- completely. Out of control. He has gotten worse and worse and worse every year to the point -- federal prosecutors. And terrorize members of congress the members of congress instead of -- Responding. By changing the law by now. And putting them distribution. Into these federal. That action instead they worked me extremely scared. And they're not really fight back so we have consistently who really understand what's happening until they get it. We have congressmen who actually afraid of crossing the department of justice and the FB. We have -- little mind having this power. -- some of them critical of the department isn't totally different to the wide of the strike. They liked these tools. This is occupational hazard being the president. United States. And so while people out there is -- out of control. Near the level who are partly to level. Because in fact we've had a lot of opportunities. Since the mid 1980s. And not. Have done in the evening to rain means these federal prosecution. And -- leave they of this game. How low wages this abuse of power is partly because they're having having the people look at them. Exercise now accessible power while clear off its critics that this power by the way include quite a number of. Former. United States attorneys attorneys general well while -- -- this actually could do something about it. They -- because. Because it like being able. To -- they're powerful and others as so into it emotionally. This problem alone. And grown and grown. And there -- no it's due to within our society. That until that recently has -- up. This challenge. Very recently a few organizations. In the. They'll institute. A libertarian think tank. The conservative Heritage Foundation. The liberal national associations. From the terms lawyers -- COU. Groups for support. From left to right. Because of them. Have been so badly hurt by this system this abuse of the system. These groups are now getting together seek legislation. Like Q&A problem. Pardon the -- question your book. A written extensively about the case against senator tootsie and Alaskan senator. Where the big government knowingly. Withheld. Evidence in order to convict the center think humans. -- the line into the presidency at that point. And they manufactured. Do. Evidence that wasn't their day. Violated federal laws in the prosecution opium. I think it was an FBI agent. Involved in the situation. Revealed some news to drug visit to the judge went home committed suicide and and at the end the judge realized. How convoluted doing and how illegal this one it's. And and call for dismissal gotta dismantle. Then he turned round and got an independent investigator to -- -- presented 500 page report. And the agents that were guilty of this for windows cracked. I think we're given a couple weeks off without pay its seems that even when the judges which seemed to be very few recognized this problem they don't do anything about it. Well remember. You know -- georgians -- You're about this as well because stretches can be targeted citizens that told you you look closely at parties. You can pick out and argue will bull by -- A dump that rules that you usually nobody yet. Trust via this because -- studied this and there's no he gets real. Fully protected and vulnerable to this kind of power. And so. The you can catch it very carefully. When it comes to department you have an apartment justice she added. Judge UST to -- The -- outraged by what he found the prosecution of the event. And innocence that it would the judge himself fooled into thinking discovered it was a rock. And those big giant program we get to where we he says. I am gonna do something about this and this system. Mac and -- Who. To. Do respond to the point where it was partly. A response now have. Shall -- report it was awarded especially. And trying to do this long report he found considerable -- on. He didn't reprimand. Should -- you're not sanction. And you know who knows what that -- happened and knows more and nobody is some congressmen. But it is not any. Eight he tendency that if a culture in this country. -- seriously. Punished. Federal prosecutors. And FBI agents who duties that this simply isn't the will to deal with the problem. And I've been told time and time again by warriors close friends and David said you got to quit doing these kind of shows the feds are gonna come out here and when it's in of them won't. We're just. Talking about things are already public were talking about things looking at things -- public record. How can they come after me it's at that -- -- with a it's bill Bill Cook up some some. Charge against you number one do you think that true present exaggeration. And if that is true. Is this really the land of the -- It is it's happened to be content that you let the order beat our. By the Ohio State twice split the one by the state of Massachusetts. All those ordered correspondent. Like being involved in very contentious. The -- would these policies -- agencies. Consumers you know actually expecting these awards because right now that that's afraid -- -- The only tool by the way but it's a favorite. I actually -- paid my taxes -- very conservative Mikhail. Who'll make sure that any issue that is while -- resolve and -- were saying that rather than. Taking that deduction. Like to politics. Why it was the government elected paid immediately for about the war it was -- is I have. Had to pay any -- the world -- -- Because and so luckily you know alive even apparently that realism -- well that's that's of course. True would -- what has become. This situation in in this country. But it is. That they can find something some arguable violation. In the lights in the business in the personal dealings is just the belt. And by the way. Some people in the way the votes for Democrats do this so hard for Republicans to do. Is this is to continue its nonpartisan. Groups say it's bi partisan. But this is something that he's done or actually. By -- that -- the level bureaucracies so it doesn't matter who's in the house in fact most presidents don't even know about this at times. The ability to grow up. For the raiders in order to try to get political enemies. But that's not typically what does which had been level bureaucracy. Only that the level bureaucrats. -- it's common for years to eight -- presidents grow. Directors have the FB IR and go. And members of congress common oh. The new level or has therefore light. Did they -- forever that this recede just give. Whole life of its -- It's very hard to actually you can figure out who do we who's doing -- and that I had then that the. Now that -- it's -- federal statutes if we got these statutes. Or if we were fine and so they the year ago. We would be able. To control. This out of control bureaucracy. Macho -- can we attribute for a few more minutes. All right let's take a break with the news coming right back. Where -- thinking about a book. Three felonies today hope -- its target beat in this particular about a book it's called three felonies today and on the Fed's target the innocent is partly. -- -- -- And it basically. Says that the federal rules regulations laws or so paid. That the pits can be and -- mutilated him virtually anywhere available. If they want -- -- they can come compute because inadvertently you're you're wildly in laws every day in most of most of them have New York. We have all their arms to -- Where those are being your book you write. The DOJ has successfully convinced the public and often all too gullible -- Department justices often manage through and boost the profits is cheering section. Rather than her appropriately skeptical for Tuesday. Reporters are too willing to sit down with the products due to -- sources. To learn about the evildoers in the dot. When doing the hard work understand why and how the government claimed to conduct of the ball. Or even why and how old they are supposedly bad people. Is is it's a growing problem for a moment. It is -- Problem a growing problem and the reason it's so you. Is because in theory it is depressed it's supposed to act as a -- -- -- don't wait to government abuse. But the Department of Justice has managed to its -- The sport respect that is the journalists. And gotten it into being in camp routed the outside looking in and criticize. BJ be would example. We're all familiar with what we call -- a war. This is when somebody who's the public officials. Important businessperson. Controversial. Book the citizens. It is a -- stated. You know agents to go in twelve of fifteen engines would go stroll on. Going in it's 6 o'clock in the morning go to the -- and bringing the person. In pajamas you know all and then. Very either prosecute -- tension there answering the press's questions. That immediately gives the impression this is the very person Byrd -- criminal speak guilty. And -- pro war not only enhances the reputation of the prosecution's -- the FBI -- But it destroys. The presumption of innocence. That is supposed to attach to somebody who charged with a crime -- keep you an example would talk about. You know a lot of federal drug statutes. That. That controls. The distribution. Of prescription use. Narcotic drugs and other. Prescription drugs. That there. And prescribed by doctors position. And I can tell you at some more time student the -- well it's delivered -- who understand. We're -- line is wrong between the legitimate. Practice to better. Describing. These struggles to -- pain for example. I am violation of the federal. Conflicts wars and the reason years. That physicians. Prescribe drugs in the normal we use to be accepted medical practice. But the -- is no definition accepted by the as to what constitutes. The normal medical practice and so -- doctor's judgment. Vista home much morphine for. More people. To describe. Somebody in theory is cute. Chronic -- There's no definitions that the doctors and final that the doctors can be shall it will protect him. From a very serious federal -- products prosecution. There aren't awful lot of perfectly. -- very competent physicians. Serving twenty and thirty year prison sentences. Because some federal bureaucrat disagreed with the doctors prescribing. Practice. And this beat the -- industry the medical profession. Has been to -- rise. Protected. By these prosecute you talked unique position. Who didn't have to prescribe painkillers and he will use the fuels. Trading on -- you know -- is to hold the it. The prosecutors and the drug enforcement agents who follow and work. He wouldn't -- we look at the broad side of I think I've seen some pretty hard couldn't run the country. We're grand jury testimony you've revealed. Information is given -- for a trial that would swayed the -- sway the public. And that little experience in the media. The media primarily more should be no reason Wilson good to reporter. When they do the perp walk through and everything you're talking about. That's what -- reputation. That that would give you and exercise I'll orient and just in time. Both limited dollars in the media that's what keeps the doors open. Dessert in the way he ever to rural part of the fourth of state to be fair. You know we have the systems in -- in this country. The original government control over the fourth suspect nobody can hold the fort destroyed except itself. Go off as organizations. That they can. To establish. Standards for one is good professional reporting the future government standards. And so. It is going to be eighty. -- More punch. By the press its commitment -- com from the press itself. And right now -- don't see that here is the -- Tough fight because the press we -- skinny. He's -- if it's. Its front page and what -- local doctors to rest it's 6 o'clock in the morning will be quote you know. Well to a push. Well if you look closely. -- sure he's exercising. His best judgment as to position. Active participation. Who is serious -- and requires. Substantial doses of narcotic -- it's frequently you know these patients. Drug addicts because they go to we afford doctors and get descriptions of each of them. And then the court and in order since then again it seemed at peace with that for. Very active. On the cover page and go to the tour and they we need for more narcotics to describe because it was such pain. Did doctor. Prescribing more narcotics and then -- -- rest -- Four abusive prescription practices what in fact the patient has lied to the doctor because the patient is working for difference. We have a good to pardon me gotta take a break I know what -- -- for a -- -- I appreciate that -- much for coming right back. Doubled -- the biggest celebrity 153. But the go to book Lincoln about a book it's called three felonies today on its target Anderson. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- You write in the book and lawyers are reluctant to talk about. Public via about the preparedness. Prosecution. Against her clients why is the operated with the government. That's exactly there were two or -- justification. For the fear. Some people afraid that if they go public it's a school. With federal prosecutions themselves will be targeted. -- realistic fear by the way others will lawyers. Who we've -- in the system. Who defend against these charges. They'll -- pretty -- -- it's there were professional. Interest. To keep good relationships. With the prosecutions in the agents. They don't like to criticize them. And then you'll like to criticize the judges to war -- goal with these techniques. So you got the people who know that about the system. Poor positions of -- ability and don't want to criticize it is what it. And the -- that from offense where crisis it is so it'll make ourselves very popular with in the profession. But then yeah. Majority of -- defensible is to defend. In that the people in federal criminal cases are themselves former federal prosecutors and people office. And go out into the real world around you is their connections with each prosecute government. Yes they can all eleven money higher level federal prosecute 20 lead paint department just to -- years. Can usually step into -- in -- partnership. Actual Wall Street law firms representing. Excelled in the people that he or she prosecuted while prostitute. And. Of which I have three hours of your time. People looking for book Amazon.com. Mini web sites. Well the web site and read about it -- and so Berkeley dot com. But Amazon does have the book and it's still pretty popular 43. Be out there. Paperback mystery useful and it's quite popular line actually quite amazed that myself. Look aperture two running book and more importantly. Hopefully will be gives you more on the -- Some. Bees were glee and the news. It. It's. But it.