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I appreciate that the adversarial method of trial has given rise to that and other threads of argument on behalf of defendants; I'm just not buying it in this c
by feralchimp 15y ago
I appreciate that the adversarial method of trial has given rise to that and other threads of argument on behalf of defendants; I'm just not buying it in this case.
It's an absurdly low bar for "active participation." He's not being asked to compute the AES decryption on 3x5 cards, or help the prosecution find the spot where the laptop is buried in the woods. When you're caught, you're forced to empty your pockets. If your 'pockets' include 1TB of incriminating data, that's your bad.
Is one also actively participating in his own prosecution when he fails to resist arrest? How about when he agrees not to leave the country as a condition for posting bail? After all, he's had that vacation to [insert non-extradition country here] for months! Why should he change his plans to benefit the prosecution?