How to Win a Political Trial
by Refuse & Resist!
A political trial is not an ordinary trial. It is one where the government
has a political reason for prosecuting and wants to get a conviction, no matter
what. That is, the government is out to get you big time, and the normal
tactics for criminal trials will not work (for example, using influence to get
the charges dropped or pleading guilty to a lesser charge to get a reduced
sentence.)
The following are some important principles for winning a political trial:
- UNITY OF THE DEFENSE When there are several defendants, there must
be a united defense team applying a single defense strategy so that the
government cannot use the defendants against each other. Normally, each attorney
would concentrate just on getting his/her client off. In a political trial that
can be a disaster.
- THE CASE IS WON OUTSIDE THE COURTROOM There must be a good legal
strategy in the courtroom, but basically political trials are won outside the
courtroom. The defendants must create a political climate in which the people
see that the prosecution is unjust, and the government realizes that there
could be serious consequences if there is a conviction.
- DEFENDANTS MUST CONTROL THE DEFENSE STRATEGY In a political trial,
the political issues are often more decisive than the legal issues. Because
lawyers concentrate on technical legal issues, they do not always understand or
appreciate the need for a political campaign around the trial. Defense lawyers
must respect the clients' need to build wide public support, and adapt the
legal strategy to that purpose.
- RELY ON THE PEOPLE You cannot rely on "friends" in high places. In a
major political trial, you have NO friends in the government, and you cannot
use slick-talking "important people" to "help you out." But if you win
thousands of ordinary people to your side, the court will get the message. To
do this requires a good defense campaign dedicated to building popular support.
- BE DETERMINED AND ANGRY The more you speak out and denounce the
hypocrisy of the government and the mainstream press, the more you will inspire
other people and win their support. People like to see somebody get up in the
man's face, and they will fight for you if you do. If you are meek and
apologetic, they will get discouraged and turn away.
- A "FAIR TRIAL" IS NOT ENOUGH A "fair trial" only means that all the
legal rules are followed as they find you guilty. If the government is out to
get you for its own racist, political reasons, the only fair trial is NO trial.
- TAKE SECURITY SERIOUSLY The government has the ability to listen to
everything you say. Do not discuss sensitive defense strategy in your home,
car, office, or on the phone. Be on guard against government agents coming into
your meetings. Never talk to any government or police agent at all; refer them
to your attorney.
[posted Summer 1995]
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