Yesterday morning the Supreme Court heard oral arguments in Lee v. United States, which concerns the right to counsel and the right to trial by jury. Here is an excerpt from a piece I had published in The Hill:

Jae Lee came to the United States from South Korea in 1982. At the time, he was just a boy in the care of his parents. Now 48 years old, Lee has lived in the U.S. as a lawful permanent resident for decades. He went to school in New York, but eventually moved to Memphis and got into the restaurant business. According to federal prosecutors, Lee also became a small time drug dealer and, after his arrest, he was facing serious criminal charges.


Like many persons who are accused of a crime, the prosecution offered Lee some leniency in prison time if he would agree to surrender his constitutional right to trial by jury. Naturally, Lee wanted to know all of the legal consequences of accepting the government’s plea offer — so he asked his attorney whether he would be subject to deportation to South Korea. Lee’s attorney assured him that deportation would not be a problem and advised him to accept the plea bargain.


On that recommendation, Lee pled guilty.


As it turned out, Lee received bad legal advice. His conviction meant he was now subject to deportation under federal law. After serving several years in prison, he would eventually be deported to South Korea and essentially banished from the U.S.


On appeal, Lee argues that he only pled guilty because of the recommendation from his lawyer. He wants to take his case before a jury.

Federal prosecutors say there’s no need for a trial because the evidence against Lee is strong. That’s a curious argument to make. Our constitutional right to trial by jury doesn’t depend on the government’s assessment of its own case. And, really, what kind of government would burden us with trillions of dollars of debt and then turn around and, in effect, say “Yes, this person was given incorrect legal advice, and yes, the Bill of Rights says we’re supposed to respect the accused’s right to trial by jury, but this is a situation in which we have to be mindful of the costs related to trials. Let’s deny a trial to Mr. Lee because it would just be a waste of time and money. He should be grateful for the way his case was handled, for his prison food, and that we’re sending him to South Korea instead of North Korea.”


Here’s a link to the Cato amicus brief in the case. And if you’d rather listen than read, here’s a link to a Cato podcast interview with Caleb Brown.