Monday, May 19, 2008

More DOJ Idiocy - Now They Attack Lawyers

Is there any Shakespeare line used out of context more than Dick in Henry Vi’s “first thing we’ll do, let’s kill all the lawyer”? In the context of the play it is clear the line is used to express the yearnings of the ignorant masses as they mistake anarchy for freedom. Dick the butcher sees the rights of man and the legal process, as standing in the way of his glorious rebellion. The line is a warning against anarchy; it’s not a society that anyone would want to live in.

What would happen if lawyers were not able to vigorously represent their client? If the State turned from prosecution suspected criminals to going after their lawyers? When the legal process is subverted for expediency then justice is perverted.

This is the case with Miami lawyer Ben Kuehne who has been indicted on money laundering charges by the DOJ. Since they can’t kill the lawyers, throwing them in jail must be their next best alternative:

Taking the podium, Kuehne waited for the rousing applause to die down, and then began his acceptance speech with a brief discourse on the importance of justice. “The U.S. is fortunate that our system of justice is premised on the ability of the people to rely upon the advocacy of lawyers,” he said. “Our constitution guarantees that right, a right that is at the core of our system of justice.”

Kuehne spoke not only to his audience of criminal defense lawyers, but also to his case, which some say sends a discouraging message to lawyers who take large fees for defending drug dealers. Roy Black, the lawyer who represented Ochoa Vasquez in the underlying drug case, made $5.2 million; Kuehne, hired by Black to vet the funds used to pay Black’s fee, made $200,000.

Kuehne went on to allude to John Adams, “a patriot who was called a traitor” for defending British soldiers who were charged after the Boston Massacre, and former Supreme Court Justice, Hugo Black, who said that a democratic society requires lawyers who will defend unpopular clients and causes. “We live in a time that is not kind to the justice system,” said Kuehne, “when the right to counsel is under attack, when those who oppose government overreaching are viewed as trouble. Today, it’s a recurring problem that, within government circles, lawyers are the problem.”

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