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.
The plain message conveyed by the new administration is that George W Bush's America is a Christian nation, and that non-Christians are welcome into the tent so long as they agree to accept their status as a tolerated minority rather than as fully equal citizens. In effect, Bush is saying: "This is our home, and in our home we pray to Jesus as our savior. If you want to be a guest in our home, you must accept the way we pray."
In today's distorted world of 'human rights,' truth takes a back seat to ideology, and false claims - especially those that 'support' radical ideologies - persist even after they have been exposed.
The threat of mutually assured destruction worked for the United States during the Cold War because it had proved its willingness to drop nuclear bombs on enemy cities at the end of World War II. It might work less well for Israel, because the Israeli Air Force has never deliberately targeted a large civilian population center, and its leaders have said its morality would not permit it do so.
There are two kinds of terrorism. Rational terrorism such as Palestinian terrorism and apocalyptic terrorism like Sept. 11. You have to distinguish between the two.
When the Jews were being persecuted by the Nazis in 1944 we passed the War Refugee Act, which focused on rescuing Jews, a religious group. But if the religious group is the subject of the persecution based on their religion, it's perfectly OK for a First Amendment-bound society to emphasize their rescue, just as it is perfectly OK to emphasize the fact that many, if not all of the perpetrators of Islamic terrorism, come from countries with a history of supporting terrorism.
I have no doubt that if an actual ticking bomb situation were to arise, our law enforcement authorities would torture. The real debate is whether such torture should take place outside of our legal system or within it. The answer to this seems clear: If we are to have torture, it should be authorized by the law.
It simply cannot be disputed that for decades the Palestinian leadership was more interested in there not being a Jewish state than in there being a Palestinian state.
You can't think about terrorism without thinking about Palestinian terrorism. Palestinians began international terrorism. It started with them in 1968. They used it as the first resort, not the last resort. They invented it, they perfected it, they benefited from it and they taught the world how to use it and that it would be successful.
I tell my students, if you ever become comfortable with your role as criminal defense lawyer, it's time to quit. It should be a constant source of discomfort, because you're dealing with incredible moral ambiguity, and you've been cast into a role which is not enviable.
I've written important articles on prevention, on the concept of the preventive state, how the law is moving much more in an area of trying to prevent wrongs than trying to deal with them after they occur. That will be my academic/intellectual legacy.
Censorship laws are blunt instruments, not sharp scalpels. Once enacted, they are easily misapplied to merely unpopular or only marginally dangerous speech.
If we move away from the American tradition of lawyers defending those with whom they vehemently disagree -- as we temporarily did during the McCarthy period -- we weaken our commitment to the rule of law... So beware of an approach which limits advocacy to that which is approved by the standards of political correctness.
Imagine a legal system in which lawyers were equated with the clients they defended and were condemned for representing controversial or despised clients.