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n2doc

(47,953 posts)
Mon Jun 10, 2013, 08:16 PM Jun 2013

You commit three felonies a day

n a book called Three Felonies A Day, Boston civil rights lawyer Harvey Silverglate says that everyone in the US commits felonies everyday and if the government takes a dislike to you for any reason, they'll dig in and find a felony you're guilty of.

The average professional in this country wakes up in the morning, goes to work, comes home, eats dinner, and then goes to sleep, unaware that he or she has likely committed several federal crimes that day. Why? The answer lies in the very nature of modern federal criminal laws, which have exploded in number but also become impossibly broad and vague. In Three Felonies a Day, Harvey A. Silverglate reveals how federal criminal laws have become dangerously disconnected from the English common law tradition and how prosecutors can pin arguable federal crimes on any one of us, for even the most seemingly innocuous behavior. The volume of federal crimes in recent decades has increased well beyond the statute books and into the morass of the Code of Federal Regulations, handing federal prosecutors an additional trove of vague and exceedingly complex and technical prohibitions to stick on their hapless targets. The dangers spelled out in Three Felonies a Day do not apply solely to "white collar criminals," state and local politicians, and professionals. No social class or profession is safe from this troubling form of social control by the executive branch, and nothing less than the integrity of our constitutional democracy hangs in the balance.

In response to a question about what happens to big company CEOs who refuse to go along with government surveillance requests, John Gilmore offers a case study in what Silverglate is talking about.

We know what happened in the case of QWest before 9/11. They contacted the CEO/Chairman asking to wiretap all the customers. After he consulted with Legal, he refused. As a result, NSA canceled a bunch of unrelated billion dollar contracts that QWest was the top bidder for. And then the DoJ targeted him and prosecuted him and put him in prison for insider trading -- on the theory that he knew of anticipated income from secret programs that QWest was planning for the government, while the public didn't because it was classified and he couldn't legally tell them, and then he bought or sold QWest stock knowing those things.

This CEO's name is Joseph P. Nacchio and TODAY he's still serving a trumped-up 6-year federal prison sentence today for quietly refusing an NSA demand to massively wiretap his customers.


You combine this with the uber-surveillance allegedly being undertaken by the NSA and other governmental agencies and you've got a system for more or less automatically accusing any US citizen of a felony. Free society, LOL ROFLcopter

http://kottke.org/13/06/you-commit-three-felonies-a-day
32 replies = new reply since forum marked as read
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You commit three felonies a day (Original Post) n2doc Jun 2013 OP
DU Rec Tuesday Afternoon Jun 2013 #1
Remember people, make those felonies count! n/t appal_jack Jun 2013 #2
I've tried, appal_jack ReRe Jun 2013 #19
This is why they have so VERY many laws on the books that are obsolete and don't reflect the will of kestrel91316 Jun 2013 #3
Doubtful, but 90% of people who dirve to work have broken the law on their way there. FarCenter Jun 2013 #4
The Era of Big Government is OVER! alcibiades_mystery Jun 2013 #5
If Greenwald would report on THIS stuff and the government trying to convict people of those 3 uponit7771 Jun 2013 #6
I'm cutting down to 2 DirkGently Jun 2013 #7
They're doing me an injustice Cobalt-60 Jun 2013 #21
I'm saving all mine up Duer 157099 Jun 2013 #8
K&R'd! and bookmarked. snot Jun 2013 #9
Typically, I commit 3 before I make it to work. Fla_Democrat Jun 2013 #10
Yeah really. Only 3?? Marie Marie Jun 2013 #14
Well, I'm not as young as I use to be. -nt- Fla_Democrat Jun 2013 #22
Tee hee. I'm sure that you can still get out there Marie Marie Jun 2013 #24
I have realized this david13 Jun 2013 #11
Remember this if you are called for jury duty. closeupready Jun 2013 #12
Just What ARE Some of These Felonies? Leith Jun 2013 #13
From what I can tell it's largely a complaint about the removal of intent from many of our laws. JoeyT Jun 2013 #18
But it's LEGALLLLLLLLL!!!! Iggo Jun 2013 #15
I don't buy it. "Most men lead lives of quiet desperation." Honeycombe8 Jun 2013 #16
Hyperbole sells I guess. xtraxritical Jun 2013 #17
I committed felonies everyday for years up until 2003 William769 Jun 2013 #20
Our establishment probably got the idea from China. Marr Jun 2013 #23
Thanks for this book tip.... ReRe Jun 2013 #25
What are the felonies? apples and oranges Jun 2013 #26
K&R woo me with science Jun 2013 #27
A CEO serving a trumped up sentence Progressive dog Jun 2013 #28
We are lucky to live in a country wherein cruel and unusual punishment are verboten, wherein indepat Jun 2013 #29
Indeed we are, patriot! n2doc Jun 2013 #30
pssst--Agent Mike...I'M COMMITIN' ONE RIGHT FUCKING NOW11!!1! MindPilot Jun 2013 #31
This Harry Silvergate? GeorgeGist Jun 2013 #32

ReRe

(10,597 posts)
19. I've tried, appal_jack
Mon Jun 10, 2013, 11:12 PM
Jun 2013

... one time I had 3 overdue library books (had checked out for the kids.) Police came to my door to remind me to get them in. I stuck out my wrists and told them they could take me in for overdue library books. They talked me down, I took them in next day and paid the fine, and picked up some more library books.

Another time, we lived in an apartment complex which rented to allot of college kids. The ones upstairs had loud parties all the time. And a weight room right over my bedroom. I never ever called them in. So, one night, my son was practicing his tuba around 11PM, as he had an audition next day for All-State concert band. The brats upstairs called the police on me. At the door, I explained to the officer why son was practicing and told them I was shocked that I had been called in, as the kids upstairs were regular partiers. He informed me of the 10PM curfew noise ordinance. Again, I stuck my wrists out and told them I was willing to be arrested for my son practicing his tuba at 11PM. They wouldn't take me. DAMN!

You may think I'm crazy, but I actually WANTED to be arrested those two times. Seemed like they were trying to turn everyone into criminals, anyway. I thought those two things would look good on my arrest record.

But seriously, we're all criminals now.

 

kestrel91316

(51,666 posts)
3. This is why they have so VERY many laws on the books that are obsolete and don't reflect the will of
Mon Jun 10, 2013, 09:24 PM
Jun 2013

the people. They know they can whip them out and use them to RUIN anyone they want to, and time they want to.

I'm a daily drug felon (federal, not state), for starters. So are millions of other Americans, and we aren't hurting anyone. Not even ourselves.

 

FarCenter

(19,429 posts)
4. Doubtful, but 90% of people who dirve to work have broken the law on their way there.
Mon Jun 10, 2013, 09:41 PM
Jun 2013

Misdemeanors, yes. But 3 felonies sounds a bit much. Steven A Cohen would be in the slammer by now if that were true.

 

alcibiades_mystery

(36,437 posts)
5. The Era of Big Government is OVER!
Mon Jun 10, 2013, 09:46 PM
Jun 2013


Sounds like a load of libertarian horseshit. The CEO of Qwest Communications is in federal prison because he is a greedy, fucking thief, not because of the NSA. Gimme a fucking break. If that's the kind of shithead you want to throw in with, good luck to you. Sucker born every minute, I guess.

uponit7771

(90,335 posts)
6. If Greenwald would report on THIS stuff and the government trying to convict people of those 3
Mon Jun 10, 2013, 09:52 PM
Jun 2013

...felonies it'd be pretty easy to support him

 

closeupready

(29,503 posts)
12. Remember this if you are called for jury duty.
Mon Jun 10, 2013, 10:21 PM
Jun 2013

You may find yourself, in deliberations, wondering openly about the sanity of making some things 'felonies'.

Leith

(7,809 posts)
13. Just What ARE Some of These Felonies?
Mon Jun 10, 2013, 10:26 PM
Jun 2013

Honestly I can't think of what I might be doing wrong. Am I not supposed to have coffee? Breathe oxygen? Change radio stations at a red light?

JoeyT

(6,785 posts)
18. From what I can tell it's largely a complaint about the removal of intent from many of our laws.
Mon Jun 10, 2013, 11:03 PM
Jun 2013

Combined with writing laws in an overly broad fashion by people that barely understand what they're legislating against. Mostly in various morality and anti-drug crusades and laws that were a response to a specific event or string of events.

e.g. buying more than a specific amount of cold medication doesn't require you to intend to make meth or to even know it's possible. Not securing a wireless modem can open you up to a whole range of legal issues, even if you can prove you weren't the one doing it, trojans on your machine can get you in all kinds of trouble, even if you're unaware of their presence, possession of many common chemicals makes you a bomb maker if law enforcement really wants you to be, etc.

Honeycombe8

(37,648 posts)
16. I don't buy it. "Most men lead lives of quiet desperation."
Mon Jun 10, 2013, 10:46 PM
Jun 2013

I live a fairly ordinary, crime free life, as I think most people do. Not only do I not commit felonies, I don't commit misdemeanors, except once in a blue moon....did I TOTALLY come to a full stop at that stop sign?

I guess what that really says is that I lead a boring life!

William769

(55,145 posts)
20. I committed felonies everyday for years up until 2003
Mon Jun 10, 2013, 11:13 PM
Jun 2013

Thanks SCOTUS! Well at least the majority of you at the time.

 

Marr

(20,317 posts)
23. Our establishment probably got the idea from China.
Mon Jun 10, 2013, 11:18 PM
Jun 2013

I understand that's how they operate. Everyone is a "criminal", so anyone who steps out of line can just be shipped off.

ReRe

(10,597 posts)
25. Thanks for this book tip....
Mon Jun 10, 2013, 11:20 PM
Jun 2013

... I'll get the book and maybe, just maybe I'll read it! I'm a bibliophile. (Or bibliophobe.)

apples and oranges

(1,451 posts)
26. What are the felonies?
Mon Jun 10, 2013, 11:22 PM
Jun 2013

I read the entire article to find out which 3 felonies I'm committing every day. Nothing.

Progressive dog

(6,900 posts)
28. A CEO serving a trumped up sentence
Tue Jun 11, 2013, 12:14 AM
Jun 2013

is as likely as a CEO needing a public defender.
A civil rights attorney who is worried about the rights of CEO's to steal from the stockholders is the kind of civil rights attorney everyone should listen to. Insider trading is why we have to keep building prisons.

indepat

(20,899 posts)
29. We are lucky to live in a country wherein cruel and unusual punishment are verboten, wherein
Tue Jun 11, 2013, 03:18 PM
Jun 2013

politicians do not keep enemies' lists, and wherein big brother would never crucify a person for expressing constitutionally-protected speech, and in particular such speech expressing an anti-war or anti-Wall Street/laizze-faire capitalism sentiment. We are so lucky to be so blessed.

 

MindPilot

(12,693 posts)
31. pssst--Agent Mike...I'M COMMITIN' ONE RIGHT FUCKING NOW11!!1!
Tue Jun 11, 2013, 03:45 PM
Jun 2013

Posting on DU from work...












Bring it.

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