NY Times: Double Standards on 'Demonizing' Justice Dept. Lawyers
Fighting among conservatives is always a popular media story, as
demonstrated by the prominent front-page placement of Wednesday's New York Times story
by John Schwartz: “
Conservatives Split Deeply Over Attack on Justice Dept. Lawyers.”
The
“split” is based on an online clip made by Liz Cheney's national
security group Keep America Safe, demanding in stark terms the names of
seven unidentified Obama Justice Department lawyers who have worked on
behalf of terror suspects: "Who are the Al Qaeda Seven?"
A
conservative advocacy organization in Washington, Keep America Safe,
kicked up a storm last week when it released a video that questioned
the loyalty of Justice Department lawyers who worked in the past on
behalf of detained terrorism suspects.
But beyond the expected
liberal outrage, the tactics of the group, which is run by Liz Cheney,
the daughter of the former vice president, have also split the tightly
knit world of conservative legal scholars. Many conservatives,
including members of the Federalist Society, the quarter-century-old
policy group devoted to conservative and libertarian legal ideals, have
vehemently criticized Ms. Cheney’s video, and say it violates the
American legal principle that even unpopular defendants deserve a
lawyer.
“There’s something truly bizarre about this,” said
Richard A. Epstein, a University of Chicago law professor and a revered
figure among many members of the society. “Liz Cheney is a former
student of mine -- I don’t know what moves her on this thing,” he said.
Schwartz
described a protest letter from the Brookings Institution (a
center-left group that he did not apply an ideological label to) as
being "signed by a Who’s Who of former Republican administration
officials and conservative legal figures," including Ken Starr, the
special prosecutor during the Clinton administration.
Schwartz
didn't air a clear conservative defense of the points made in the ad
until the 18th paragraph of his 20-paragraph story:
A
Keep America Safe spokesman responded to a request for comment by
passing along links to essays by supporters like Marc A. Thiessen, a
columnist for The Washington Post, who wrote on Monday that the
detainees did not deserve the same level of representation as criminal
defendants.
The lawyers, Mr. Thiessen wrote, “were not doing
their constitutional duty to defend unpopular criminal defendants.” He
said, “They were using the federal courts as a tool to undermine our
military’s ability to keep dangerous enemy combatants off the
battlefield in a time of war.”
The Times' first
attack on the ad came in a lacerating editorial on Monday accusing
“demagogues on the right” of McCarthyism, a screed subtly headlined “
Are You or Have You Ever Been a Lawyer?”
In
the McCarthy era, demagogues on the right smeared loyal Americans as
disloyal and charged that the government was being undermined from
within.
In this era, demagogues on the right are smearing loyal
Americans as disloyal and charging that the government is being
undermined from within.
These voices -- often heard on Fox News
-- are going after Justice Department lawyers who represented
Guantánamo detainees when they were in private practice. It is not
nearly enough to say that these lawyers did nothing wrong. In fact,
they upheld the highest standards of their profession and advanced the
cause of democratic justice. The Justice Department is right to stand
up to this ugly bullying.
James Taranto at
Best of the Web found good arguments on both sides, but accused the Times of hypocrisy:
The
Times argues that lawyers who "take on controversial cases" should not
be "demonized with impunity." No one can reasonably disagree. But
the Times is guilty of rank hypocrisy, for it has a record of engaging
in just such demonization. In an editorial last May, the paper endorsed
a politically motivated witch hunt against three former Bush
administration lawyers who wrote memos setting forth limits on the
interrogation of terrorists -- limits that, in the Times's opinion,
were insufficiently gentle:
Their acts were a
grotesque abrogation of duty and breach of faith: as government
officials sworn to protect the Constitution; as lawyers bound to render
competent and honest legal opinions; and as citizens who played a major
role in events that disgraced this country.
Not
only did the Times demonize John Yoo, Jay Bybee and Steven Bradbury; it
called for their disbarment and for Bybee's impeachment (he is now a
judge on the Ninth U.S. Circuit Court of Appeals). And these lawyers
were employed to defend America, not its enemies.
We reported in
January on a public event where Yoo was beset by Code Pink wackos who
repeatedly interrupted his talk to shout hateful slogans. Our
understanding is that this is a common occurrence. That is "ugly
bullying" of a much more obtrusive sort than a congressional query, a
journalistic investigation or even a harsh advertisement.
Clay Waters is director of Times Watch.