The defendant wants to hide the truth because he's generally guilty. The defense attorney's job is to make sure the jury does not arrive at that truth.
We don't have an Official Secrets Act in the United States, as other countries do. Under the First Amendment, freedom of the press, freedom of speech, and freedom of association are more important than protecting secrets.
I generally don't select my chicken or my hamburgers based on the personal ideology of the person who is either flipping the hamburgers or making the money back at corporate headquarters. But if people want to do that, they're free to do it.
All speech should be presumed to be protected by the Constitution, and a heavy burden should be placed on those who would censor to demonstrate with relative certainty that the speech at issue, if not censored, would lead to irremediable and immediate serious harm.
To ask about the 'source' of rights or morals assumes an erreous conclusion. To ask about the source of morals is to assume that such a source exists. As if it existed outside of human constructed systems. The 'source' is the human ability to learn from experience and to entrench rights in our laws and in our consciousness. Our rights come from our long history of wrongs.
I think we have to give religion its due. I think we have to respect those for whom religion is important, but equally respect those who can achieve good morality without religion.
We all learn in school that the judicial, legislative and executive branches of government must check and balance each other. But other non state institutions must participate in this important system of checks and balances as well. These checking institutions include the academy, the media, religious institutions and NGOs.
Everybody says they're opposed to torture. But everyone would do it personally if they knew it could save the life of a kidnapped child who had only two hours of oxygen left before death. And it would be the right thing to do.
In representing criminal defendants - especially guilty ones - it is often necessary to take the offensive against the government: to put the government on trial for its misconduct. In law, as in sports, the best defense is often a good offense. The courtroom oath - to tell the truth, the whole truth and nothing but the truth - is applicable only to witnesses... because the American justice system is built on a foundation of not telling the whole entire truth.
I charge my wealthy clients a lot and put 10 per cent in a fund which I use to pay the expenses of my poorer clients. When the government gangs up on the poor schnook in the street, someone has to stand up for him.
I've written important articles on prevention, on the concept of the preventive state, how the law is moving much more in an area of trying to prevent wrongs than trying to deal with them after they occur. That will be my academic/intellectual legacy.
Foolish liberals who are trying to read the Second Amendment out of the constitution by claiming it's not an individual right or that it's too much of a safety hazard don't see the danger of the big picture. They're courting disaster by encouraging others to use this same means to eliminate portions of the Constitution they don't like.
It's never acceptable to target civilians. It violates the Geneva Accords, it violates the international law of war and it violates all principles of morality.