It's like the sudden concern with shipping ICE detainees to play 'jurisdiction' and 'standing' games. This has been going on forever and isn't novel, it's just suddenly defense attorneys care because of the immigration/deportation angle instead of just someone losing their home, job, car, life.
Our system of 'checks and balances' doesn't work when prosecutors/defense attorneys are indifferent to this kind of life destroying consequence simply from an accusation. If they are apathetic to this, what other injustices in the judicial system are all of the lawyers apathetic to?
1.) This has nothing to do with defense attorneys who are not available in these cases nor dealing with them.
2.) The scale of it is massively larger.
3.) The defense attorneys were actually talking about it for years, I know because I read about similar issues for years. And I am not particularly interested in legal system.
There is that rhetorical trick where people just assume that since they just learned about something, professionals dealing with these issues were oblivious too.
Defense attorneys could boycott the system and force reform. How old is the saying 'you can beat the rap, but not the ride' now? You are right, defense attorneys have known that the justice system can destroy anyone just for being a target, for a very long time. I guess I should have written 'they suddenly have energy to challenge it'.