Those liberals, reformers, good-government types, New York Times editorial writers and Albany Times Union reporters who were toasting the conviction of long time New York Republican Senate Leader Joe Bruno, will soon have the smile wiped from their elitist faces. Joe Bruno has committed no crime and his exoneration will likely come from the U.S. Supreme Court.

I speak from the point of view of an attorney with a passion for the protections of the law.

In 1770, a rowdy mob of Massachusetts colonists accosted and provoked British soldiers until they responded with lethal force and committed the Boston Massacre.   The soldiers were arrested and placed on trial where their convictions seemed imminent out of sheer populace outrage.  One bold lawyer rose in their defense, John Adams, who in his closing argument reminded the jurors that “the law no passion can disturb.  Tis void of desire and fear, lust and anger . . . it is deaf, deaf as an adder to the clamours of the populace.”

Today the populace is clamoring at Joe Bruno.  They protested – protested! – His recent defense fund fundraisers, and blogs, abound with smug joy at the Senator’s conviction.  Meanwhile, the facts and flaws of the case have disappeared into the ruckus.   Nary a soul concerns itself with the serious constitutional misgivings of a law that has floundered through the federal circuit courts because no knows what it means.  Consider the helpless inquisition of Judge Jacobs in the Rybicki case, now Chief Judge of the Second Circuit – the same federal circuit hearing the Bruno case:

How can the public be expected to know what the statute means when the judges and prosecutors themselves do not know, or must make it up as they go along?

Or consider Supreme Court Justice Antonin Scalia who says that “it is simply not fair to prosecute someone for a crime that has not been defined until the judicial decision that sends him to jail.”

(more…)