Due process on battlefield
ABA President Karen Mathis’ editorial (February) objecting to criticism
of law firms that lend “legal” representation to enemy combatants
held at Guantanamo Bay should be required reading at law schools, not for its
conclusions, but as a jaw-dropping example about how to cram the maximum number
of logical fallacies into an eight-paragraph editorial.
The real issue is not commitment to justice, but whether superimposing civilian “due
process” safeguards upon a battlefield makes any sense. Are American
soldiers to be expected to gather evidence during a firefight lest the non-uniformed
enemy shooting at him today will be released from Guantanamo next month due
to the lack of such evidence? Shall we reduce unit strength by airlifting individual
soldiers out of the war zone to testify at a detention “trial” at
Guantanamo? Should we release a captured enemy combatant because one of his
colleagues betrayed his whereabouts without being given a “Miranda” warning?
Never before has such a preposterous legal construct ever been proposed much
less required to conduct a war.
Since I find it hard to believe anyone elected to be president of the American
Bar Association could be so bedeviled by utopianism as to believe such a system
actually would work, I suspect Ms. Mathis wrote her editorial with the specific
intent that such a system would NOT work. In other words, Ms. Mathis’ unstated
purpose was to drum up support to institute a system which would so hobble
our military’s war effort from a practical standpoint such that continuing
to fight the war would become an impossibility.
Perhaps Ms. Mathis would better serve her constituents by being honest and
freely admitting she believes America is an unjust imperial power that should
lose this war.
Barry Sullivan
Burbank
A nit to pick
Ellen Peck’s article (January) concerning people with disabilities was
a good one. The only minor nit I have to pick is that the piece might have
highlighted that people with disabilities are lawyers, judges, expert witnesses
and jurors – not just clients or potential clients.
Debbie Cauble
San Jose
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