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American law, Soviet procedures

2020-09-20 17:55:42.509367+02 by Dan Lyke 0 comments

New Yorker: The Man Who Refused To Spy:

At the legal library in Seneca County Jail, Asgari happened on a quote from Robert Jackson, a Supreme Court Justice in the nineteen-forties and fifties: “Procedural fairness and regularity are of the indispensable essence of liberty. . . . Indeed, if put to the choice, one might well prefer to live under Soviet substantive law applied in good faith by our common-law procedures than under our substantive law enforced by Soviet procedural practices.” Asgari concluded that he was a victim of American law enforced by Soviet-style procedures.

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