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Thursday, May 23, 2013

CS.RSS Subscribe to Blog Subscribe to All Updates related to Harvey's book Three Felonies a Day, a critical take on the Justice Department {#foreach $T.Years as year} <div class="year"> <div class="year_header"> <span>{$T.year.Year}</span> </div> <div class="year_months"> {#foreach $T.year.Months as month} <div class="month"> <a href="{$T.month.Url}" year="{$T.year.Year}" month="{$T.month.MonthN}">{$T.month.MonthName}</a> </div> {#/for} </div> </div> {#/for} Archive by Years A Wilderness of Error Aaron Swartz ABA Journal Academic Freedom Adam Liptak Al Qaeda Albert Florence Amirault Announcement Anthony Kennedy anti-bullying legislation Anwar al-Awlaki Arizona House Bill 2549 Aurora Baran Barry Bonds BG Blagojevich Boeri Boston Boston Globe Boston Herald Boston Marathon Boston Marathon bombing Boston Phoenix Carmen Ortiz Caronia Cato Institute civil liberties Computer Fraud and Abuse Act Conrad Black Dan Rea David Boeri day care sex abuse hysteria Deferred Prosecution Agreement Democrats Denise Casper Department of Justice Dzhokhar Tsarnaev Eliot Spitzer Errol Morris Excerpt Facebook FBI FCPA FDA Federal Prosecutors First Amendment FOIA Forbes Forbes.com Form 302 Free Speech Freedom of Speech Freedom Watch George F. 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Cohen strip searches Supreme Court Tamerlan Tsarnaev Tarek Mehanna Terror Courts The Atlantic The Criminal Docket The Phoenix Theodore Anzalone Thomas Finneran Three Felonies a Day Tim Cahill Tobacco UCLA Ukraine US v. Nosal Vague Statutes Video Wall Street Wall Street Journal War on Terror WBUR WBZ 1030 Wendy Kaminer WGBH White Collar Defense Whitey Bulger Wire Fraud witness interviews WSJ Xyrem Yulia Tymoshenko	Why Individuality Matters--John Stossel and David Boaz discuss Three Felonies a Day February 23, 2012 7:16:29 PM by Harvey Silverglate Yes Cancel Last night on Stossel, John Stossel discussed individual liberty with the Cato Institute's David Boaz. When asked about the big issues facing America, Boaz mentions the wars in Iraq and Afghanistan, and then cites my book Three Felonies a Day, and discusses the real problem of ever proliferating vague federal statutes. Take a look at the video here. Tonight, I will be appearing on Stossel to discuss overcriminalization in America. The show, entitled "Illegal Everything," will broadcast on Fox Business at 9PM. read more → Tags: Cato Institute , Vague Statutes , Video Tarek Mehanna Found Guilty December 20, 2011 10:50:51 PM by Harvey Silverglate Yes Cancel I was saddened, though not terribly surprised, when I heard yesterday that after only ten hours of deliberations, a federal jury found Tarek Mehanna guilty of all seven counts for which he stood accused. Jurors felt the government had proven that Mehanna provided "material assistance to terrorists" for such actions as making translations of jihadi videos. Mehanna now awaits sentencing and may face up to life in prison for acts that, until now, seemed clearly protected under the First Amendment. I was asked by PBS affiliate WGBH-TV, and NPR affiliate WBUR, to speak about the Mehanna case yesterday on their respective stations. Click here for my interview on WBUR's Radio Boston (Dec. 20), or listen to the audio clip below. Radio Boston Click here for my interview on WBUR's Morning Edition (Dec. 21), or listen to the audio clip below. Morning Edition After the jump is video of my interview on WGBH-TV's Greater Boston (Dec. 20). read more → Tags: Department of Justice , Freedom of Speech , Radio , Tarek Mehanna , Video , War on Terror What to do if the FBI wants to interview you November 14, 2011 12:16:21 AM by Harvey Silverglate Yes Cancel One of the most shocking, and under-reported, Department of Justice practices is the FBI's express policy NOT to tape-record interrogations. Not recording interrogations allows the FBI to claim itself the sole arbiter of what is, and is not, true in a witness's testimony. Such a strategy gives clear, and unfair, advantage to the prosecution, and presents problems for witnesses, defendants, and defense lawyers alike. But there is a simple, and effective, strategy which, if implemented, can get around the pesky problem: insist on recording the interview yourself. Recently, the Massachusetts ACLU asked me to discuss what to do if the FBI decides it needs your testimony. Here is how I responded: I have been happy to see that the ACLU video has been catching on. In a recent article on alternet.org critiquing the "surveillance state", my interview was given as pragmatic advice to those who fear they might face an FBI interview. I sincerely hope my advice helps and that, eventually, the FBI decides to reform its harmful policy. [End of post] read more → Tags: Department of Justice , FBI , Federal Prosecutors , Prosecutorial Misconduct , Video Terrorizing Free Speech: the case of Tarek Mehanna October 31, 2011 6:57:30 PM by Harvey Silverglate Yes Cancel Tarek Mehanna may have objectionable--even horrific--views, but that does not make him a terrorist or a criminal. Mehanna was arrested two years ago on charges of lying to federal investigators, and providing material support to terrorists. The FBI also implies that Mehanna had plans to carry out a shooting spree in the Sudbury mall, but was thwarted by his inability to obtain weapons (consider, for one moment, how easy it is to get a gun in the United States). The crux of the government's case centers on a series of videos for which Mehanna allegedly provided subtitles; the translations, the Feds say, represented material support for terrorists. Last night I spoke with Emily Rooney on her WGBH show about the case, arguing that, in order to live in a free and open society, we must protect speech, even the speech of those whose beliefs we find abhorrent. The video is embedded after the jump. read more → Tags: Free Speech , Tarek Mehanna , Video , WGBH Forbes "Booked" series features Three Felonies a Day July 25, 2010 4:11:33 AM by Harvey Silverglate Yes Cancel Discussing Three Felonies a Day with Forbes editor Michael Noer, as part of the site's "Booked" series. Visit the Forbes site here, or view the video below. [End of post] read more → Tags: Forbes.com , In the News , Video 1 2 Older Entries >>