The title was created in cooperation with the National Association of Criminal Defense Lawyers (NACDL). This is a narrative account of the pretrial, trial and post-trial litigation, but it is also an entertaining and easy read that details litigation strategies in a way that judges and attorneys on either side will be able to appreciate and learn from. It is of particular relevance to federal criminal and white collar criminal practitioners.
Rob Cary shows us a real example of what can happen when prosecutors want to win a conviction at any price: citizens get steamrolled. In this case, the steamrolled citizen happened to be a sitting U.S. Senator who had the means to employ a 12-lawyer defense team from the well-heeled D.C. firm Williams & Connolly.
As Cary - a prominent member of the defense team - points out, luck played a large role in exposing the lies that led to Senator Stevens's guilty verdict. As it happened, prosecutors lied to the court, knowingly elicited false testimony, hid witnesses, and refused to produce documents to the defense. An FBI agent also assisted in the deception.
All of this in a vain attempt to prove that Senator Stevens failed to disclose a gift (a home renovation) on a Senate disclosure form. That he paid for the renovation, and in fact paid above-market value for it, was merely an inconvenience for the government's investigators and prosecutors. This book shows the number of lies the government is willing to tell in order to convict you of lying. Eye-opening to say the least.
Fortunately another FBI agent blew the whistle, the lies were uncovered, and the conviction was vacated. Justice was ultimately done. Unfortunately, there are likely many other defendants convicted due to similar lies and deceptions who will never be vindicated.
If you've ever wondered how criminal defense lawyers can defend people accused of crimes, you should read this book.
Complaint: the typography is terrible. I didn't measure, but I'd guess the left and right margins are one-third of an inch. You really have to bend the book to read text close to the gutter. The content deserves a better presentation.