[quote=The New York Times]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.
On Sunday, the Brookings Institution issued a letter criticizing the “shameful series of attacks” on government lawyers, which it said were “unjust to the individuals in question and destructive of any attempt to build lasting mechanisms for counterterrorism adjudications.”
The letter was signed by a Who’s Who of former Republican administration officials and conservative legal figures, including Kenneth W. Starr, the former special prosecutor, and Charles D. Stimson, who resigned from the second Bush administration after suggesting that businesses might think twice before hiring law firms that had represented detainees. Other Bush administration figures who signed include Peter D. Keisler, a former acting attorney general, and Larry D. Thompson, a former deputy attorney general.
The letter cited “the American tradition of zealous representation of unpopular clients,” including the defense by John Adams of British soldiers charged in the Boston Massacre, and noted that some detainee advocates, who worked pro bono, have made arguments that swayed the Supreme Court.
Ms. Cheney’s video referred to the lawyers as the “Al Qaeda Seven,” and accused the Justice Department of concealing their names, which were later revealed by Fox News.
David B. Rivkin Jr., the co-chairman of the Center for Law and Counterterrorism in Washington, is a member of the Federalist Society and signed the Brookings letter; he said the attack was unfortunate.
“I appreciate the partisan advantage to be gained here,” Mr. Rivkin said, but “it’s not the right way to proceed.” He said he preferred “principled ways for debating where this administration is wrong — there’s no reason to resort to ad hominem attacks.”
John C. Yoo, the former Justice official whose memorandums on torture and presidential power were used to justify some of the most controversial policies of the Bush administration, said he had not seen the material from Ms. Cheney’s group. But Professor Yoo, who now teaches at the University of California, Berkeley, and is active in the Federalist Society, said the debate about lawyers who once represented detainees at the American prison in Guantánamo Bay serving in the Justice Department was overheated.
“What’s the big whoop?” he asked. “The Constitution makes the president the chief law enforcement officer. We had an election. President Obama has softer policies on terror than his predecessor.” He said, “He can and should put people into office who share his views.” Once the American people know who the policy makers are, he said, “they can decide whether they agree with him or not.”
Professor Epstein, however, said he found it “appalling” to see people equating work on detainee cases with a dearth of patriotism. He was a co-author of a brief in Hamdan v. Rumsfeld, the Supreme Court case argued by Neal Katyal, now the principal deputy solicitor general and a lawyer under scrutiny from Ms. Cheney’s group. The court ruled that the Bush administration’s initial plans for military commissions to try detainees violated the law.
“You don’t want to give the impression that because you oppose the government on this thing, that means you’re just one of those lefties — which I am not,” he said. [/quote]
Source: [url]http://www.nytimes.com/2010/03/10/us/politics/10lawyers.html[/url]
Like father, like daughter.
How can a supposed "small-government conservative" advocate detaining someone without a trial and not allowing them due process? That's blatant fascism.
Because conservatives aren't small government.
[QUOTE=Conscript;20663707]Because conservatives aren't small government.[/QUOTE]
It's what they call themselves, and that's what I was making a play on.
[QUOTE=Zeke129;20663812]It's what they call themselves, and that's what I was making a play on.[/QUOTE]
I know, I just wanted to say that :)
Divided, they will fall.
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