'Representing' al-Qaeda

'Representing' al-Qaeda

by Andrew C. McCarthy

National Review Online, March 29, 2010

Does Helping Jihadists Lie, Plot, and Identify CIA Agents Demonstrate Patriotism -- or Material Support to Terrorism?

Bravely entering the lion's den -- delivering a speech in praise of left-wing, "pro bono" lawyering to a group of left-wing, pro bono lawyers -- Attorney General Eric Holder recently declared that "lawyers who provide counsel for the unpopular are, and should be, treated as what they are: patriots."

Sure they are. After all, Holder explained, they "reaffirm our nation's most essential and enduring values" -- like the value we place on coming to the aid of our enemies in wartime. And let's not forget the value we place on advocating for the release of those enemies who, as night follows day, then return to the business of killing Americans. Sure, the nation somehow missed these essential and enduring values in the two-plus centuries between the Revolutionary War and the War on Terror, but hey, who's counting? ...

For The Public Good?

In reporting Holder's remarks, the press defined "pro bono" as if it meant "voluntary." Although the term describes no-fee legal work that lawyers do voluntarily, that is not what it means. "Pro bono" is short for pro bono publico, "for the public good." That is, it is supposed to reflect the public's values, not the profession's. And the two are very much out of sync.

The attorney general's pep rally occurred just as the public was getting its first glimpse of the peculiar notions of "representation" shared by several Gitmo Bar veterans. Thanks to dogged investigative work (here and here) by Debra Burlingame and Tom Joscelyn (of, respectively, Keep America Safe and the Foundation for Defense of Democracies), we now know a good deal about several of these volunteer lawyers. To take just a few examples, they provided al-Qaeda detainees with a brochure that instructed them on how to claim falsely that they had been tortured; fomented a detainee hunger strike that disrupted security and precipitated fabricated reports that prisoners had been tortured and force-fed; provided the detainees with other virulently anti-American propaganda (for example, inform ing them about the Abu Ghraib scandal, comparing U.S. military physicians to Josef Mengele, and labeling DOJ lawyers "desk torturers"); gave the enemy-combatant terrorists a hand-drawn map of Gitmo's layout, including guard towers; helped the enemy combatants communicate messages to the outside world; informed the detainees of the identities of other detainees in U.S. custody; and posted photos of Guantanamo security badges on the Internet in a transparent effort to identify U.S. security personnel.

And that's not the worst of it -- not by a long shot. Bill Gertz of the Washington Times has uncovered the Gitmo Bar's shocking effort to identify CIA interrogators. The lawyers -- from the ACLU and the National Association of Criminal Defense Lawyers, perversely calling themselves "the John Adams Project" -- actually had investigators stalk U.S. intelligence officers, surveilling them near their homes and photographing them with or near their loved ones. The photos were then smuggled into Gitmo and shown to top terrorists to determine whether they recognized which intelligence agents had questioned them. Interestingly, the attorney general claimed that al-Qaeda's volunteer lawyers deserve the public's "respect" because they "accept our professional responsibility to protect the rule of law." All of the above-described activities not only violated the law; they occurred in flagrant contravention of court-ordered conditions that were placed on the lawyers' access to their "clients." Evidently, violating statutes and contemptuously flouting court orders protects the rule of law in the same way that coming to the enemy's aid exhibits patriotism. That's "our values" for you. ...

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