U.S. District Judge Diane Humetewa acquitted three former Backpage executives of myriad counts against them last week—more evidence of how empty so much of the federal case against them is. Humetewa ruled that there was insufficient evidence to uphold 50 of the counts* against journalist and Backpage co-founder Michael Lacey, 10 of the counts against former Executive Vice President Scott Spear, and 18 of the counts against former Chief Financial Officer Jed Brunst.
From the beginning, this prosecution has been premised on a bogus rationale (authorities yammer on about sex trafficking though none of the defendants are charged with sex trafficking), overreaching in its scope (attempting to hold a web platform accountable for user-generated speech, in contradiction to Section 230), offensive to the First Amendment, and relentless in its attempts to handicap the defense. So it’s a treat to see a judge slap prosecutors down a notch, even if it comes very late in the game (after two trials and after one defendant taking his own life) and even though it may not make much of a practical difference for Lacey, Brunst, and Spear (who face imprisonment for the rest of their lives even with the acquittals).
But to read Humetewa’s recent order is to get infuriated about the underlying case all over again. Presenting the evidence in the light most favorable to the government’s position, Humetewa manages (inadvertently?) to highlight how insane and unfair this position is.
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