Things like this also degrade our collective trust in government, and the more it happens, the more the Constitution simply becomes words on a page (a la the Soviet Union) rather than a statement of what rights we actually have. And we lawyers think, when we see something like what I just described, well, it;s the greatest system in the world–he got his day in court. In actuality, what happened was that not only was a grievous injustice left unremedied, but it was actually ratified.

With respect to the Brady stuff, while the prosecutors obviously cannot know what is in records that have been destroyed, the government as a whole is held to the knowledge of its members (past and present). Thus, what should happen, the Arizona Supreme Court should require the top prosecutor in Maricopa County to file a statement with the bar authorities explaining how he or she will ensure that Brady obligations are met in the criminal cases. Willful blindness satisfies scienter requirements in the criminal sphere–shouldn’t it also do so in Brady? When a prosecutor certifies that there is no Brady material, in the face of the purge, that’s willful blindness.