Three Felonies a Day

That's the title of a new book by Harvey Silverglate. The subtitle is "How the Feds Target the Innocent".

There's no question that overzealous and politically-motivated prosecution has destroyed the lives of many innocent people. One prominent example discussed by Silverglate is former Alabama governor Don Siegelman, whose conviction on corruption charges was almost certainly engineered by Karl Rove and the Bush White House.

Despite this, I was disappointed by the book. For one thing, the title - based on a claim that the average "busy professional" "likely commit[s] several federal crimes" each day, is simply not substantiated. The crimes discussed in this book are mostly things like overprescription of painkillers, flawed medical device manufacture, accounting fraud, etc., which are probably not the domain of the average "busy professional". For another, the focus on federal crimes leaves out some of the most egregious prosecutions, like those for copyright violation and teenagers recording their own sex acts.

But the main flaw is that I was not actually convinced by several of the cases discussed that the people charged were actually innocent or that the prosecutions were illegitimate. Some of the cases turn on strained readings of existing law, where the people involved should have known their actions were dubious. In two cases - the prosecution of Boston pols Kevin White and Thomas Finneran - Silverglate seems to suggest that influence peddling is just a normal part of city politics, and nothing to get worked up over. I don't agree. I want all politicians to keep their decisions squeaky clean and completely removed from their financial interests. They need to avoid even the appearance of conflict of interest.

So, while I agree with Silverglate's main thesis, I think some of the cases he chose were not the best examples of overzealous prosecution. Too bad - because this is an important topic that deserves a comprehensive treatment.