M
Maura Meltzer-Cohen
Moira "Mo" Meltzer-Cohen is a New York City criminal defense attorney, abolitionist, and National Lawyers Guild movement lawyer known for defending activists and political prisoners.
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Jul 3, 2026
DAMN 15 Conspiracy Charges with Garrett, Miriam, & Mo
O
3:40OliveHOST
But my question to start for Mo, Garrett, Miriam, if you have an answer, can we just talk a little bit about why a conspiracy case like this is really significant in a movement context or just any context? What do charges like this mean for defendants' lives?
M
3:56Maura Meltzer-CohenGUEST
So the thing that is attractive to prosecutors about conspiracy charges is that a conspiracy, to prove a conspiracy, you have to demonstrate that two or more people made an agreement to do something that would constitute an unlawful act.
M
4:16Maura Meltzer-CohenGUEST
And that after making that agreement, they took steps in an effort to carry out that agreement to do something illegal.
M
4:23Maura Meltzer-CohenGUEST
Well, what constitutes an agreement, right? And what constitutes the kind of substantial steps that someone might take in the service of carrying out such an agreement? This is a very broad category of behavior, and it captures a huge amount of conduct that otherwise we might think of as clearly First Amendment protected conduct, like assembly or speech, expressive conduct, right? Well, what a conspiracy charge enables prosecutors to do is to criminalize whole communities of people and to criminalize behaviors that are not only lawful behaviors, but constitutionally protected behaviors.
M
5:10Maura Meltzer-CohenGUEST
And when I say criminalize, what I mean is to treat those communities or to treat those behaviors as though they are crimes, whether or not on their own they actually are.
M
5:23Maura Meltzer-CohenGUEST
And so by saying, well, this group of people made an agreement to do something illegal, prosecutors are able to capture a very large number of people who have not, in fact, carried out any criminal conduct.
M
5:40Maura Meltzer-CohenGUEST
And of course, this is significant in a movement context for the same reason it's significant in any other community where we see the widespread use of conspiracy charges.
16 MINS LATER
M
22:01MiriamHOST
behavior.
Repression & You: Inside the DAM 15 with the Outlaw Podcast and Moira Meltzer-Cohen
O
3:30OliveGUEST
But my question to start for Mo, Garrett, Miriam, if you have an answer, can we just talk a little bit about why a conspiracy case like this is really significant in a movement context or just any context? What do charges like this mean for defendants' lives?
M
3:45Maura Meltzer-CohenGUEST
So the thing that is attractive to prosecutors about conspiracy charges is that a conspiracy, to prove a conspiracy, you have to demonstrate that two or more people made an agreement to do something that would constitute an unlawful act.
M
4:05Maura Meltzer-CohenGUEST
And that after making that agreement, they took steps in an effort to carry out that agreement to do something illegal.
M
4:12Maura Meltzer-CohenGUEST
Well, what constitutes an agreement, right? And what constitutes the kind of substantial steps that someone might take in the service of carrying out such an agreement? This is a very broad category of behavior, and it captures a huge amount of conduct that otherwise we might think of as clearly First Amendment protected conduct, like assembly or speech, expressive conduct, right? Well, what a conspiracy charge enables prosecutors to do is to criminalize whole communities of people and to criminalize behaviors that are not only lawful behaviors, but constitutionally protected behaviors.
M
4:59Maura Meltzer-CohenGUEST
And when I say criminalize, what I mean is to treat those communities or to treat those behaviors as though they are crimes, whether or not on their own they actually are.
M
5:12Maura Meltzer-CohenGUEST
And so by saying, well, this group of people made an agreement to do something illegal, prosecutors are able to capture a very large number of people who have not, in fact, carried out any criminal conduct.
M
5:29Maura Meltzer-CohenGUEST
And of course, this is significant in a movement context for the same reason it's significant in any other community where we see the widespread use of conspiracy charges.
16 MINS LATER
M
21:50MiriamHOST
is observing your behavior.