Everyone deserves a legal defense
By Karen J. Mathis
President, American Bar Association
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Mathis |
A Pentagon official’s badly misguided attack on law firms representing
Guantanamo detainees has had a boomerang effect. Far from putting lawyers on
the defensive, it has reminded us of an important American principle: that
everyone who faces loss of liberty deserves legal counsel.
Thankfully, the comments by Charles D. Stimson, Deputy Assistant Secretary
of Defense for Detainee Affairs, have been universally repudiated. The White
House, Attorney General Alberto Gonzales, the Defense Department and the legal
community all have rejected his suggestion that corporate clients shun firms
whose lawyers represent detainees voluntarily. (Stimson later apologized for
his remarks.)
The real issue in this debate is not whether lawyers should represent accused
terrorists, or whether other clients should shun them for doing so. The real
issue, and one that should not be lost in petty distractions, is whether our
nation is committed to justice. Rooted in our original Constitution is this
core value. People should not simply be thrown away in prison without an impartial
review by society — known as a habeas corpus review. This was designed
to protect not just individuals, but society itself. By making the legal system
accountable, we ensure that no one is imprisoned by mistake.
It’s exactly in times like these, when fear of terrorism remains high,
that we must do our utmost to insure that no one is falsely imprisoned. It
is easy, but dangerous, to create classes of people for whom there is no accountable
system of justice.
The lawyers representing Guantanamo’s detainees are attempting to assure
justice, despite extremely challenging circumstances, and they have done so
as volunteers, in the finest tradition of this country’s legal profession.
The American people understand that in representing individuals accused as
enemies of our nation, lawyers are rejecting the tenets of terrorism. The American
Bar Association believes, as our founding fathers did, that anyone facing a
loss of freedom deserves legal representation, whether a defendant enjoys public
sympathy or faces widespread loathing and contempt.
Had Stimson’s suggestion gained currency, had corporations been bullied
into not doing business with law firms that protect unpopular clients, we all
would have been put at risk. Such out-of-court tactics could be used to undermine
any American’s right to a fair defense in a criminal trial.
Only through vigorous and committed defense can we expect the world to acknowledge
the justice of our cause, and indeed to champion our finest values as a nation.
Without it, we are doomed to receive only the world’s mistrust and suspicion,
and run the risk of breeding terror anew.
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