Robert Amsterdam has published a new op-ed in The Hill this past week arguing that Brazil’s recent experience with anti-corruption, which involved a star judge-cum-Minister of Justice getting caught coordinating cases with prosecutors, is a reminder that political motivations often overlap on law enforcement and lead to abuses in due process and presumption of innocence:
“Anti-corruption efforts have become a powerful tool, not least because of the popularity they almost inevitably will enjoy among the general population. Corruption, after all, is unambiguously bad. It follows, then, that anti-corruption is unambiguously good. Using popular support as a source of legitimacy, those undertaking these efforts can skirt procedural norms at will, as long as it’s done relatively quietly, knowing that the opinion of the public — and, importantly, of the opinion-makers — will rest comfortably on their side.”
Read the full article here.