‘You understand that police officers died?” That was a question that federal prosecutor Michael Romano put to defendant Matthew Martin, who was being tried for his nonviolent protest on January 6 at the Capitol — when and where, in fact, no police officers died.
Bad things happen to prosecutions when assistant United States attorneys make mendaciously prejudicial claims that they cannot back up with solid evidence. Good prosecutors win the judge’s confidence by playing it straight: Give your facts honestly, keep the rhetoric understated, let the proof sing for itself, and most of the close calls will go your way. If, to the contrary, the attorney for the United States engages in hyperbole, judges get concerned that the government’s claims may not be trustworthy and that its allegations may be overblown.
Comments