Monthly Archives: May 2015

A nation of suspects – that’s no worthy memorial

towersburningWhen we enter any public building, however responsible, respectable or harmless we are, we are likely to be patted down – like a criminal.

We are presumed to be suspect since 9-11, an unworthy memorial for those who died that day.

I was a congressional chief of staff, working in the Cannon House Office Building, when 9-11 occurred.

Police, Fire and rescue workers, and many citizens ran to help others, risking their lungs and their lives, some dying to save persons that they did not know.

Most members of Congress, in contrast, went to ground, and were not found until the all-clear signal.

Members of Congress told the nation it was safe to fly, while they stayed put in Washington.

Some Members of Congress thought to deny access to government buildings, defying Thomas Jefferson’s admonition that a government closed to the public was no democracy.

Some Members talked about dropping nuclear weapons on foreign nation-states – although they weren’t certain which ones.

Congress spoke with gusto about our freedoms as they rushed to crush them in the ironically named Patriot Act. The Benedict Arnold Bill would have been a more fitting name for betraying every person’s right to be free of suspicion. The wrongly named Patriot Act allowed warrantless searches of our information and lately we’ve learned how extensive this intrusion by NSA into our privacy was. Congress nevertheless has been debating in recent days whether to extend these invasive practices.
On the evening that Congress took up the Patriot Act, unable to stomach the debate, I went for a run before the vote, making my way from the Capitol to the Lincoln Memorial. It was dark. I found a candle lit vigil by the reflecting pool, and stopped to hear ordinary citizens, arranged in a circle of life, discussing, in respectful muted voices, the terror but also the bravery of American men and women on that fateful day.
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Their love of the nation, the honor they bestowed on others, the hope they represented for the nation stood in stark contrast to their Congress at work, not that far away, voting that very evening to suspect every one of these good people and every other American.

We had a chance to come together after the terrible events on 9-11, to harness the can-do feeling and courage of our citizens, also to join hands across the oceans with nations around the world.

We forged instead a separation that divides our house at home and abroad.

Even now, we have to debate whether to take the Patriot Act off life support.

Even now, we war in Iraq.

This nation must set a new course in memory of who we were before 9-11.

We are all in this together, working toward that more perfect union, but so very imperfectly, and we can’t presume there’s anything exceptional about this nation if it won’t treat our neighbors better at home and abroad.

I attended a High School reunion at a Jesuit School in the Bronx, and, having nothing to do while waiting, studied a mural, of persons ministering to the young, the sick, and the old.

These are the Christian values that our pols speak about but disregard in their workaday quotidian practices.

Whether we honestly hold these values, by religious belief or political or ethical philosophy, it is the path, by which we may put an end to our inward-turning, self-centered dystopic culture of fear making us all suspects instead of citizens in the land we once proudly described as the land of the free and a home for the brave.

Saint Judy

Judy Clarke, defense counsel

Judy Clarke, defense counsel

Judy Clarke, criminal defense counsel for the self-confessed “Boston Bomber,” is considered “Saint Judy” by many, myself included.

I got to know Judy years ago as a member of the Board of Directors of the National Association of Criminal Defense Lawyers (“NACDL”).

Judy is against executions because, she says, “A civilized society shouldn’t legalize homicide.”

Most recently, consistent with this objective, she fought valiantly to save the life of Mr. Dzhokhar Tsarnaev, who was 19 at the time of the bombing.

The jury decided to kill Dzhokhar instead.

Those who supported Mr. Tsarnaev’s death said an “eye for an eye.”  Some who lost their limbs might, by that logic, have preferred to rip off Dzhokhar’s young legs.

The jury was hardly reflective of its citizen peers.  A poll of the State of Massachusetts showed only 19 % favored death. The rest favored life in prison.  This was the sentiment in a State that hasn’t allowed executions since 1984.  But the U. S. Justice Department wanted to execute Dzhokhar.  You should understand that every juror in that federal prosecution that voted for death had to confirm in open court that they could vote to execute Dzhokhar if he was found guilty; those potential jurors who couldn’t embrace execution as a sentence were dismissed. Continue reading

Don’t you agree, Brian?

Brian Allman, Democratic nominee for sheriff

Brian Allman, Democratic nominee for sheriff

Brian Allman is on the November ballot as the Democratic nominee for Sheriff.

As the public gets to know a candidate, it questions the background and policies that the candidate supports and hopes to implement once elected.

Brian is no different.

Last Thursday evening at the Democratic Committee meeting at the fire house, many Democratic Committee members had questions for Brian.

This is an ongoing dialogue the Committee conducts to learn what to expect from a candidate.

The occasion for the discussion was that Brian wanted to join the Democratic Committee as a member.

In order to become a committee member, the candidate must be nominated at one meeting (last week), and then the Committee votes approval (or not) at the next monthly meeting (in June).

Several questions at the May meeting had to do with the number of law suits that Brian has filed himself.

Of course, court is how we settle disputes that can’t be settled any other way.

But a large part of any lawyer’s practice is discouraging litigation and encouraging settlement.  And the job of Sheriff is not only to enforce the law but to be a peace officer as well, to calm rather than to disturb troubled waters. Continue reading

Virginia is already there! What about other states?

Mark Herring - "local boy" makes good

Mark Herring – “local boy” makes good

Thank God for the Millennials and all those who are not so young but who are tolerant of difference.

We should also thank “a local boy” who used to sell eggs as a kid door to door on Leesburg’s Canby Road for pennies an egg, who went on to study law, began a small practice in Leesburg, served as counsel to Lovettsville, was elected to the Loudoun County Board of Supervisors, then elected to the Virginia State Senate and finally elected state wide to become Virginia’s Attorney General.

That’s Mark Herring who decided, as our newly minted Attorney General, that treating same sex marriage differently as a state than other marriages was not equal protection of the law, and, as a result, at his direction, Virginia reversed field in pending litigation and the Courts agreed to recognize same sex marriages.

Last week, Mark sat in the U.S. Supreme Court chamber to hear oral argument on what should be the law of the land – for every state.

Mark came away optimistic that we are going to bend toward equal protection and individual liberty nation-wide. Continue reading