[corimaith]

You need to make a distinction between positive (what-is) claims and normative (what-ought) claims. When you say realpolitik is a "defence", whether or not it is actually used as a "defence" in reality is disconnected on the validity of that position as a moral fact.

[_3u10]

Look up judgement proof, or jury nullification, ever heard of the OJ Simpson trial? Realpolitik is why OJ wasn't convicted.

Juries in and of themselves are realpolitik, it's why most countries don't use them, because they deliver verdicts the legal professions dislike.