Thoughts on Scruggs’s quasi-entrapment argument

Most lawyers reading that pleading think it has echoes of an entrapment defense without coming out and saying it; I think this has come up in comments. I had not given too much thought to why they don’t come out and say it, other than it’s procedurally not going to quite work– entrapment is a defense (as in, put on after the government proves their case) and doesn’t stop the prosecution altogether the way their motion seeks to do. This morning, listening to a couple of law professors talking about the motion on Mississippi public radio (it was a good story, btw; watch for this morning’s Mississippi edition when it comes on line), I thought– is it even possible to make out an entrapment defense without the defendant testifying?

FOLO
2/13/8