by James Oliphant
The United States is losing the legal war on terror. So says an American Bar Association poll released today.
The association’s magazine, the ABA Journal, talked to 50 defense attorneys who have represented clients in terror-related lawsuits. Asked what grade they would give the U.S. legal system in its fight against terrorism, the lawyers gave an average grade of D plus.
The magazine says it attempted to talk to 50 federal prosecutors to balance the results, but that the Justice Department refused to allow them to participate.
Only 30 percent of the lawyers surveyed said that terror prosecutions brought in court since 9/11 have made the country safer. Only 14 percent of the lawyers said anti-terrorism laws passed by Congress, such as the USA Patriot Act, have made the country safer.
More interestingly, almost 60 percent said they would take on Osama bin Laden as a client. (Assuming, of course, that he can afford the retainer.)
The Chicago-based association counts more than 400,000 lawyers among its ranks. A release providing more information about the survey can be found here.







Comments
This story is pathetic, even by Swamp standards.
First off, no reputable "poll" would have so small a sample as 50. No reputable news organization should take such a "poll" seriously, let alone headline it as the opinion of ALL defense lawyers.
Second, since only self-selected terrorist lawyers were consulted, it has all the credibility of polling Nazi leaders on the morality of the death camps.
I have no doubt 30 of the 50 (60%) would be eager to defend Osama. That only confirms what a sad bunch they are.
Posted by: Bruce | August 31, 2007 4:22 PM
Gee, defense lawyers say we're losing the legal war on terror. Back up the prison vans, it's all over! Makes one think of the old joke: "Lay all lawyers end to end...and it would be a good start."
Posted by: Darrow | August 31, 2007 4:35 PM
So which of the SJFS (Swamp Junior Fascists Society) Members will be the first to call these lawyers Pinko, Terrorist Loving, Traitors?
Bruce? John D? Jerry White? Terry?
Posted by: Anonymous | August 31, 2007 4:48 PM
Since Bush isn't really looking for Osama, we'll never know how many lawyers would be willing to defend him.
But, I'm willing to bet few attorneys would turm-down the opportunity if it were to arrise.
Posted by: RomanB | August 31, 2007 5:36 PM
RNC Bruce may want to give away our rights but thankfully most Americans have brains, guts and freedom from fear.
After the darkest days of WWII we stood tallest and proudest when we tried Nazis at Nuremburg instead of ordering summary executions. We did it because we were better than the Nazis. We were stronger than the Nazis. We wanted to shine a bright light of freedom and fairness for the world to see.
Don't let these timid, frightened little men trample our Constitution and way of life. We're better and stronger than that.
Posted by: Doug Zook | August 31, 2007 5:45 PM
Of Osama bin Laden were somehow to get into the US legal system, he'd be entitled to a defense, just like anybody else.
"If you can't afford a lawyer, one will be appointed for you."
The real questionable lawyers are the 40% who wouldn't defend Osama.
Posted by: Dave | August 31, 2007 5:53 PM
What a joke.
Posted by: Scott | August 31, 2007 6:55 PM
I hope tactics to prevent terror and the Democratic Party insistence that head-chopping terrorists be free and fed cookies and crumpets does become a campaign issue in 2008. It will help the GOP kick some Demoncrap ass!
Posted by: John D | August 31, 2007 10:27 PM
The "war on terror" isn't working? Who would have guessed? The Patriot Act is nothing more than a thinly veiled attack on American freedom? Surprise. Bush's "foreign policy" is the most embarrassing mistake in US history? Go figure. We ALL knew this years ago.
Posted by: Mrs. Jesus | September 1, 2007 8:21 AM
Yeah John D., that winning strategy worked so well in '06, please, use it in '08.
Posted by: Doug Zook | September 1, 2007 8:56 AM
The American Bar Association is left of communism.So is the American Trial Lawyers Association they give all their money to lawyers especially Dem lawyers.America needs to fight the terrorists with soldiers not with court room lawyers. I'm not surprised of the grade they give to the War on Terror they're like Senator Leahy and Durbin give American Civil Rights to all Islamic Jihadists. Jerry White, Springfield, IL
Posted by: Jerry White | September 1, 2007 10:14 AM
Most lawyers can read write and do sums. Their opinion of the "war on terror" is the same as the rest of the population that can read, write and do sums. It takes a willing suspension of disbelief to believe the Bush administration on any subject.
Posted by: c. perry | September 1, 2007 10:24 AM
Doug, as the American are finding out you and your party want terrorists treated with kid gloves. Most Americans do not feel that way. That, and other issues, will help the GOP in 08.
Posted by: John D | September 1, 2007 10:48 AM
John D.,
Are you really of the opinion that the American voter didn't hear the GOP '06 message of "Defeatocrats" and the "Democrats, The Party of Cut and Run?"
Give yourself more credit than that. You got that message out there loud and clear. Voters heard it, saw it for the lieing, phony garbage it is and voted accordingly.
Oh, and please give Jerry White his pacifier.
Posted by: Doug Zook | September 1, 2007 10:58 AM
RNC Bruce,
You apparently have no concept of how law works.
After WWII the allies held war crimes trials and provided defense lawyers for Nazis at Nuremburg and their Japanese counterparts.
This was a profound way we established moral superiority over these countries and helped us on the world stage as we subsequently fought communism.
Now I know you've got your RNC marching orders so you just lockstep on. Don't let common sense or the truth get in the way.
Posted by: Doug Zook | September 1, 2007 11:11 AM
Doug,
Not to quibble too much, but after WWII we were able to try the Nazis at Nuremberg because they had surrendered. I don't recall from my reading of history the US swooping into a Nazi HQ, extracting, say, Goebbels or Rommel, and then spiriting them back to the US to stand trial in a federal court in New York. So if al Qaeda surrenders, then by all means, let's work with the world to organize a special court to try them, similar to Nuremberg. It's a great idea.
Posted by: JB | September 1, 2007 11:26 AM
JB,
The point is that providing habeas corpus and defense council to al Queda prisoners is not a sign of weakness but of strength and moral leadership.
We tried the 1993 World Trade Center bombers this way. We did it with wanna be shoe bomber Richard Reid. Zacarias Moussaoui was tried and convicted likewise.
And if anybody thinks ending up in SuperMax in Florence, Colrado is pampering I suggest they dod a little reading about that facility.
Posted by: Doug Zook | September 1, 2007 12:39 PM
[quote]
Doug, as the American are finding out you and your party want terrorists treated with kid gloves. Most Americans do not feel that way.
Posted by: John D | September 1, 2007 10:48 AM
[/quote]
Contrary to the ranting of John D, most Americans want all terrorists to be put in jail ("3 hots & a cot") via our legal system. Arrest them, try them, and let a judge and jury either convict them, or find the defednants "not guilty". Why are people like John D TOO AFRAID to put terrorists through our legal system?
Posted by: BC | September 1, 2007 3:39 PM
"BC" wants to (or at least say he wants to) "arrest" and "try" terrorists "through our legal system".
Suppose in World War II the Germans had had the ACLU and BC on their side, and all the captured German soldiers claimed they were "terrorists" and asserted their right to a trial?
At a minimum of 200 man-hours (of judges, prosecutors, witnesses, clerks, etc.) needed for each trial, just the 250,000 Axis soldiers captured in Tunisia in 1943 would have required the expenditure of 500 million man hours. To do this, an entire US army would have had to leave the battlefield and work in the court rooms.
And we'd have lost World War II.
These crazy proposals are precisely what the terrorists, and their American allies, want the US to do.
Posted by: Bruce | September 2, 2007 5:19 PM
Ok, Bruce, I see. Its all a matter of efficiency and no actual serious principle is at stake. Thanks for clarifying.
According to Bush, the terrorists hate us for our freedoms and want us to change our fundamental way of life. I would say completely rewriting the justice system in this country would count in that regard. Chalk one up for Al Qaeda, Brucie.
Posted by: Distrust and Verify | September 3, 2007 12:02 PM