Andrew McCarthy makes the case that The Gitmo Volunteers are no more noble in volunteering to represent the Guantanamo prisoners than a restaurant owner who gave free food to Al Qaeda. It’s all worth reading, and it’s difficult to refute, I think. He has some especially pointed observations about how the legal profession sees itself as being above the rest of us, particularly the left-liberal wing of it. Read it all if you can. Here’s the ending bit:
America’s enemies are no more entitled to counsel in pursuing legal claims than, say, a pro-life group that chooses to file a lawsuit. If I went out of my way to contribute my services for free to a pro-life group, do you suppose the New York Times would have the slightest hesitation about drawing the inference that I was sympathetic to the pro-life cause? Of course not. The Gray Lady wouldn’t pretend that I was just, in the Gillers lexicon, promoting “the administration of justice.” After all, no one would have forced me to take that case. There are countless causes that a lawyer willing to donate his services can find. When you’re a volunteer, you’re doing what you want to do, not what you have to do.
As the law is currently understood, it is legal for a lawyer to volunteer his services to America’s enemies. It is absurd, however, to suggest that we have to applaud that decision. And it is equally ludicrous to suggest that we are forbidden from drawing the obvious conclusion that a lawyer who makes such a decision is predisposed to condemn the United States and to sympathize with America’s enemies on some level.
Here’s the landscape: The Obama Justice Department is staffed with many lawyers who volunteered their services to America’s enemies. Since those lawyers have been running the department, there has been a detectable shift in favor of due-process rights for terrorists, a bias in favor of civilian trials in which terrorists are vested with all the rights of American citizens, a bias against military tribunals, the extension of Miranda protections to enemy combatants, a concerted effort to publish previously classified information detailing interrogation methods and depicting the alleged abuse of detainees, efforts to subject lawyers who authorized aggressive counterterrorism policies to professional sanction, the reopening of investigations against CIA interrogators even though those cases were previously closed by apolitical law-enforcement professionals, and the continued accusation that officials responsible for designing and carrying out the Bush administration’s counterterrorism policies committed war crimes.
You may think this is a coincidence. I don’t. And I’m not going to pretend it is because some lefty lawyer screams “McCarthyism.” This isn’t demagoguery. It is cause and effect. And if it is hurting President Obama politically, that is because he deserves to be hurt for indulging it.
