Pentagon Official Attacks Top Law Firms Over Detainees
By NEIL A. LEWIS
New York Times
WASHINGTON, Jan. 12 — The senior Pentagon official in charge of military detainees suspected of terrorism said in an interview this week that he was dismayed that lawyers at many of the nation’s top firms were representing prisoners at Guantánamo Bay, Cuba, and that the firms’ corporate clients should consider ending their business ties.
The comments by Charles D. Stimson, the deputy assistant secretary of defense for detainee affairs, produced an instant torrent of anger from lawyers, legal ethics specialists and bar association officials, who said Friday that his comments were repellent and displayed an ignorance of the duties of lawyers to represent people in legal trouble.
“This is prejudicial to the administration of justice,” said Stephen Gillers, a law professor at New York University and an authority on legal ethics. “It’s possible that lawyers willing to undertake what has been long viewed as an admirable chore will decline to do so for fear of antagonizing important clients.
“We have a senior government official suggesting that representing these people somehow compromises American interests, and he even names the firms, giving a target to corporate America.”
Mr. Stimson made his remarks in an interview on Thursday with Federal News Radio, a local Washington-based station that is aimed at an audience of government employees.
The same point appeared Friday on the editorial page of The Wall Street Journal, where Robert L. Pollock, a member of the newspaper’s editorial board, cited the list of law firms and quoted an unnamed “senior U.S. official” as saying, “Corporate C.E.O.’s seeing this should ask firms to choose between lucrative retainers and representing terrorists.”
(The rest is here.)
Here's the NYT's editorial response:
Round Up the Usual Lawyers
No one who has followed President Bush’s policies on detainees should be surprised when a member of his team scorns American notions of justice. But even by that low standard, the administration’s new attack on lawyers who dare to give those prisoners the meager representation permitted them is contemptible.
Speaking this week on Federal News Radio, a Web site and AM radio station offering helpful hints for bureaucrats and helpful news for the administration, Cully Stimson, the deputy assistant secretary of defense for detainee affairs, tried to rally American corporations to stop doing business with law firms that represent inmates of the Guantánamo internment camp.
It does not seem to matter to Mr. Stimson, who is a lawyer, that a great many of those detainees did not deserve imprisonment, let alone the indefinite detention to which they are subjected as “illegal enemy combatants.” And forget about the fundamental American right that everyone should have legal counsel, even the most heinous villain.
In his interview, reported yesterday by The Washington Post editorial page, Mr. Stimson rattled off some of the most respected law firms in the country that, after initial hesitation, have courageously respected that right. He called it “shocking” that they were “representing detainees down there” and suggested that when corporate America got word of this dastardly behavior, “those C.E.O.’s are going to make those law firms choose between representing terrorists or representing reputable firms.” He added: “We want to watch that play out.”
When his interviewer asked who was paying these firms for the work, Mr. Stimson said, “It’s not clear, is it?”
Actually, it is quite clear. Mr. Stimson surely knows that the vast majority of those cases are being handled for free by law firms that have not signed on to Mr. Bush’s post-9/11 revision of the American rules of justice. Still, he persisted, saying some lawyers were “receiving monies from who knows where.”
(Continued, here.)
New York Times
WASHINGTON, Jan. 12 — The senior Pentagon official in charge of military detainees suspected of terrorism said in an interview this week that he was dismayed that lawyers at many of the nation’s top firms were representing prisoners at Guantánamo Bay, Cuba, and that the firms’ corporate clients should consider ending their business ties.
The comments by Charles D. Stimson, the deputy assistant secretary of defense for detainee affairs, produced an instant torrent of anger from lawyers, legal ethics specialists and bar association officials, who said Friday that his comments were repellent and displayed an ignorance of the duties of lawyers to represent people in legal trouble.
“This is prejudicial to the administration of justice,” said Stephen Gillers, a law professor at New York University and an authority on legal ethics. “It’s possible that lawyers willing to undertake what has been long viewed as an admirable chore will decline to do so for fear of antagonizing important clients.
“We have a senior government official suggesting that representing these people somehow compromises American interests, and he even names the firms, giving a target to corporate America.”
Mr. Stimson made his remarks in an interview on Thursday with Federal News Radio, a local Washington-based station that is aimed at an audience of government employees.
The same point appeared Friday on the editorial page of The Wall Street Journal, where Robert L. Pollock, a member of the newspaper’s editorial board, cited the list of law firms and quoted an unnamed “senior U.S. official” as saying, “Corporate C.E.O.’s seeing this should ask firms to choose between lucrative retainers and representing terrorists.”
(The rest is here.)
Here's the NYT's editorial response:
Round Up the Usual Lawyers
No one who has followed President Bush’s policies on detainees should be surprised when a member of his team scorns American notions of justice. But even by that low standard, the administration’s new attack on lawyers who dare to give those prisoners the meager representation permitted them is contemptible.
Speaking this week on Federal News Radio, a Web site and AM radio station offering helpful hints for bureaucrats and helpful news for the administration, Cully Stimson, the deputy assistant secretary of defense for detainee affairs, tried to rally American corporations to stop doing business with law firms that represent inmates of the Guantánamo internment camp.
It does not seem to matter to Mr. Stimson, who is a lawyer, that a great many of those detainees did not deserve imprisonment, let alone the indefinite detention to which they are subjected as “illegal enemy combatants.” And forget about the fundamental American right that everyone should have legal counsel, even the most heinous villain.
In his interview, reported yesterday by The Washington Post editorial page, Mr. Stimson rattled off some of the most respected law firms in the country that, after initial hesitation, have courageously respected that right. He called it “shocking” that they were “representing detainees down there” and suggested that when corporate America got word of this dastardly behavior, “those C.E.O.’s are going to make those law firms choose between representing terrorists or representing reputable firms.” He added: “We want to watch that play out.”
When his interviewer asked who was paying these firms for the work, Mr. Stimson said, “It’s not clear, is it?”
Actually, it is quite clear. Mr. Stimson surely knows that the vast majority of those cases are being handled for free by law firms that have not signed on to Mr. Bush’s post-9/11 revision of the American rules of justice. Still, he persisted, saying some lawyers were “receiving monies from who knows where.”
(Continued, here.)
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