There’s an interesting debate between two former Bush Administration officials regarding the Obama’s attempt to hide the fact that many of the policy-makers in the Justice Department previously defended al-Qaeda and Taliban detainees in private practice. Both Michael Mukasey, former U.S. attorney general, and Marc Thiessen, former Bush adviser, make comparisons to the Democrats smearing of and even attempting to disbar Bush lawyers (such as John Yoo and Jay Bybee) who simply did their job and provided legal advice regarding topics like enhanced interrogation techniques (EIT) and legal versus illegal combatant status.
Mukasey, writing in the WSJ, opines that just because Democrats ruined the careers of Bush lawyers Republicans should not react in kind towards Obama Justice department lawyers who previously defended terrorists (and now write policy on detainees, Guantanamo, etc.). Conversely, Thiessen, in the Washington Post, argues that Republicans are asking legitimate questions about Eric Holder’s Justice lawyers.
Thiessen writes, “The standard today seems to be that you can say or do anything when it comes to the Bush lawyers who defended America against the terrorists. But if you publish an Internet ad or ask legitimate questions about Obama administration lawyers who defended America’s terrorist enemies, you are engaged in a McCarthyite witch hunt.” That’s absoluely accurate, and just the latest example in a never-ending cycle of Liberal selective outrage and media slant.
More to the point, however, having read both arguments, it appears that Mukasey is defending a point that many Republicans (Thiessen, but not all mind you) are not denying: the right of legal council for the accused, even dirtbags.
[Mukasey] A lawyer who represents a party in a contested matter has an ethical obligation to make any and all tenable legal arguments that will help that party. A lawyer in public service, particularly one dealing with sensitive matters of national security, has the obligation to authorize any step or practice the law permits in order to keep the nation and its citizens safe. And a lawyer who undertakes to represent someone whom his neighbors—perhaps rightly—revile as a threat to the public welfare is obligated to bring his talents to bear just as forcefully in favor of that client as he would if he were representing Capt. Alfred Dreyfus, the French artillery officer who in 1895 was found guilty of treason and sent to Devil’s Island for little more than being Jewish.
Nice not-so-subtle use of the race card there, eh? However, what conservatives like Thiessen or Michelle Malkin are arguing is a point of TRANSPARENCY. No doubt Thiessen and Malkin are otherwise outraged, but their first argument is that if Liberals are so very proud of the fact that lawyers who defended terrorists are now serving in very the Justice Department commanded to try these terrorist then why is Eric Holder and the Obama Administration desperately trying to gloss it over or actively obfuscate the truth?
The next argument is one of conflict of interest. Conservatives aren’t necessarily saying no representation for terrorists (a huge myth, by the way, as all Guantanamo detainees have for years both had lawyers and had judicial reviews, basically trials), but saying first that domestic criminal trials are entirely inappropriate for a variety of reasons including the loss of intelligence needed to destroy terror networks and win wars, and second, that lawyers previously charged with protecting al-Qaeda terrorists shouldn’t have the job of trying them now.
[Thiessen] Would most Americans want to know if the Justice Department had hired a bunch of mob lawyers and put them in charge of mob cases? Or a group of drug cartel lawyers and put them in charge of drug cases? Would they want their elected representatives to find out who these lawyers were, which mob bosses and drug lords they had worked for, and what roles they were now playing at the Justice Department? Of course they would — and rightly so. … Should a lawyer who advocates setting terrorists free, knowing they may go on to kill Americans, have any role in setting U.S. detention policy? My hunch is that most Americans would say no.
This is accurate, and the fact that Obama and Holder are looking to move past the criticism instead of defending the practice tells one that they believe it is accurate as well.