One of the first things that caused Greenwald to run afoul of conventional wisdom was the observation with regard to Special Counsel Robert Mueller's Russia investigation that indictments are not proof. He was slammed, but what do you know, the government ended up dropping at least one of the cases Mueller filed against a Russian defendant, once the issue of having to publicly disclose evidence was raised. This was after the defendant called the government’s bluff and showed up in court — demonstrating, prosecutors later said bitterly, the defense’s “intent to reap the benefits of the Court’s jurisdiction.”
That argument — that the defendant’s intent to actually exercise legal rights shows guilt in itself — is the kind of thing liberals used to decry all the time, coming from “tough on crime” Republicans. Opinions like that occur when you’ve fallen too far into the habit of judging people rather than evidence. Suddenly process becomes a canard, and you even get lawyers saying that hiring a lawyer is evidence of guilt....
Whether it was unconcern with attorney-client privilege after the raid of Michael Cohen’s office, disinterest in the implications of the case of despised Julian Assange, or the embrace of concepts like “not exonerated” (the opposite of presumed innocence), people who probably once described themselves as progressives seem to have lost touch with core ideas in recent years.
That doesn’t mean running around proclaiming that O.J. didn’t do it or that such-and-such a politician isn’t an awful person who should probably be voted out of office. It doesn’t mean you can’t say something like, “Matt Gaetz should probably be jailed for his haircut alone.” It does mean distinctions exist and it’s good to know what you’re dealing with before strapping people in the dunking chair. This is particularly true in accusations of sex crime, where the public can quickly lose interest in rights, something organizations like the ACLU used to understand after watching debacles like the Wee Care and McMartin preschool cases.