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-- A. Serwer
Keep America Safe's McCarthyist smears of Justice Department lawyers who had represented Guantanamo Bay detainees as terrorist sympathizers was so beyond the pale that it invited a backlash from the right.
The Justice Department hasn't said much publicly in response, but today, speaking at an awards ceremony at the Pro-Bono Institute, Attorney General Eric Holder offered what appears to be a spirited defense of the smeared attorneys:
As you all know, advancing the cause of justice sometimes means working for the sake of the fairness and integrity of our system of justice. This is why lawyers who accept our professional responsibility to protect the rule of law, the right to counsel, and access to our courts – even when this requires defending unpopular positions or clients – deserve the praise and gratitude of all Americans. They also deserve respect. Those who reaffirm our nation’s most essential and enduring values do not deserve to have their own values questioned. Let me be clear about this: Lawyers who provide counsel for the unpopular are, and should be treated as what they are: patriots.It's unclear whether or not this will simply fan the flames, but I'm sure the attorneys who were attacked appreciate the attorney general stating publicly that he has their back. If anything, this kind of public support indicates that they won't be losing their jobs for having the courage to ensure that everyone retains the right to due process. UPDATE: A coda to this is that in advance of a hearing before the Senate Judiciary Committee next week, Republican senators have sent a letter berating Holder over his failure to disclose a brief he filed in the Padilla case, which they believe explains "the administration’s flawed detention, interrogation, and prosecution policies," the ones that are virtually identical to the administration that came before and were uncontroversial as long as a Republican was in the White House.
-- A. Serwer