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I think the political points were stronger: the revolutionary war was clearly unlawful. The constitutional convention was, well, perhaps not quite unlawful, but a sort of de facto coup-de-etat that a lot of powerful people thought was necessary. Civil rights demonstrations? Unlawful. Pretty much every political innovation, by definition, is unlawful at the time of conception. It's hard to see how it could be otherwise.

That's why democracies, if they are true to their ideological roots, need to be very cautious and tolerant of peaceful forms of civil disobedience. That's why it's absolutely justifiable to object to prosecutorial overreach in such cases. Status quo pressures, if deployed with the full might of the law, are the ones that are anti-democratic, and that's what seems to have happened here, for political (or, worse, narcissistic) reasons.




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