Everybody says they're opposed to torture. But everyone would do it personally if they knew it could save the life of a kidnapped child who had only two hours of oxygen left before death. And it would be the right thing to do.
I am attacked equally by the hard right and the hard left for expressing what they regard as politically incorrect views. I thrive on such controversy and welcome it. It only encourages me to speak out more. I have not been affected by attacks on me for defending freedom of speech and due process.
I love discomfort. I mean, my whole life is discomfort. One reason I can never retire is that the idea of just sitting on the beach totally comfortable is not a desideratum in my life. I like ambiguity, I like conflict, I like uncertainly.
I generally don't select my chicken or my hamburgers based on the personal ideology of the person who is either flipping the hamburgers or making the money back at corporate headquarters. But if people want to do that, they're free to do it.
But the United States is neither a Christian nation nor the exclusive home of any particular religious group. Non-Christians are not guests. We are as much hosts as any Mayflower-descendant Protestant. It is our home as well as theirs. And in a home with so many owners, there can be no official sectarian prayer. That is what the First Amendment is all about, and the first act by the new administration was in defiance of our Constitution.
Students throughout the totalitarian world risk life and limb for freedom of expression, many American college students are demanding that big brother restrict their freedom of speech on campus. This demand for enhanced censorship is not emanating only from the usual corner - the know-nothing fundamentalist right - it is coming from the radical, and increasingly not-so-radical left as well.
I have made a career out of arguing that we shouldn't be criminalizing political differences. I've made a career out of arguing that the grand jury is an abusive institution. I have made a career out of arguing that we shouldn't stretch and expand the criminal law. I'm not going to change it because you think these are abnormal times. When Thomas Jefferson told the Justice Department that they had to prosecute Aaron Burr, and that he was going to have the chief justice impeached unless he found Aaron Burr guilty, those were special times too.
I believe that if Israel were to put an end to the settlements in the West Bank tomorrow, as it did in Gaza, there would still be reluctance on the part of the Palestinian Authority to recognize Israel's right to exist as a Jewish secular democracy.
In representing criminal defendants - especially guilty ones - it is often necessary to take the offensive against the government: to put the government on trial for its misconduct. In law, as in sports, the best defense is often a good offense. The courtroom oath - to tell the truth, the whole truth and nothing but the truth - is applicable only to witnesses... because the American justice system is built on a foundation of not telling the whole entire truth.
The Israeli military plays more than a critical role in defending the citizens of the Jewish state. It also plays an important social, scientific and psychological role in preparing its young citizens for the challenging task of being Israelis in a difficult world.
Censorship laws are blunt instruments, not sharp scalpels. Once enacted, they are easily misapplied to merely unpopular or only marginally dangerous speech.
The prosecution wants to make sure the process by which the evidence was obtained is not truthfully presented, because, as often as not, that process will raise questions.