Monday, January 15, 2007

Justice or Just Us?

I would think that Charles D. Stimson, the deputy assistant secretary of defense for detainee affairs, one of top lawyers at the Defense Department would be smart enough not to go on record chastising some of America's top law firms for having their partners and/or associates represent pro bono "America's enemies" being held in Gitmo.

But I would have also thought that a majority of Americans would be smart enough not to vote for W. twice. Alas, it was not to be, in either case. This has very little to do with youth rights issues, other than tangentially, as there are some minors being held at Gitmo, allegedly.

Having worked with lawyers representing unpopular clients for free, I can say that it is essential for there to be a Justice system that works for everyone. There is a much greater need for these services than there are lawyers willing to do this difficult, but essential, work. And the people who usually get the help are the ones with the "sexiest" cases -- and a Gitmo detainee held without charges is about a sexy as it gets in legal circles.

So I'm not surprised that the top firms in the U.S. are representing all but two of these men, coordinated by the excellent staff at the Center for Constitutional Rights, who I also had the pleasure of working with in the aftermath post-9/11. As Stimson said,
“I think, quite honestly, when corporate C.E.O.’s see that those firms are representing the very terrorists who hit their bottom line back in 2001, those C.E.O.’s are going to make those law firms choose between representing terrorists or representing reputable firms, and I think that is going to have major play in the next few weeks. And we want to watch that play out.”
Now generally, I'm not one to stick up for corporate CEOs, but I think they'll do America proud and maintain their relationships with their corporate counsel. In fact, I'll go even further and make the first of what I'm sure will be many (incorrect) predictions on this blog and say that at least one CEO will publicly rebuke Stimson and the entire Bush Administration for putting and Justice for all opposite the profits their companies make.

Justice is what makes profit possible -- and markets for that matter. Don't believe me? Go ask someone involved in an illicit industry where they go when their competitors engage in unfair practices? It ain't to court, it's to the corner to settle the score. And as Virgil Sollozzo, "The Turk" from the first Godfather famously quipped, " I'm a businessman; blood is a big expense."

Here's hoping America's CEOs agree and put Justice at the top of their priority list, where it belongs. Otherwise, who knows what might happen as a result?

3 comments:

Joe Grossberg said...

Is that last sentence (yeah, I read all the way through) implying there'll be a socialist revolution in the US? Or that the shady US government will go after the corporations once it's gone after the citizens? Or both, like literal fascism?

small-d said...

mad props for working in a Godfather reference on this one.

D. Stephen Goldman said...

I was simply trying to imply that the rule of law is what makes markets work and hence, corporations able to turn a profit. When you show blatant disregard for the rule of law, including the laws that protect private property, you create situations where it becomes easier to assert control over other people's property, as Chavez has done, crippling market economies and diminishing profits for all.