Lawyers Should be Indicted (Re: [lbo-talk] Doug Henwood profile

Michael Perelman michael at ecst.csuchico.edu
Thu May 27 10:02:22 PDT 2004


She is not accused of doing what you say. She made information public. If she had brought secret instructions on how to commit some crime, you might be on stronger ground.

I appreciate your interest in attacking lawyers who facilitate crime, but her case is very different.

On Thu, May 27, 2004 at 11:26:08AM -0400, Nathan Newman wrote:
> Let's distinguish between two kinds of lawyers-- those who come in after a
> crime is commited to defend a person, and those who actively advise clients
> on how to effectively break the law and use the lawyer-client privilege to
> hide incriminating actions and documents.
>
> Yes, there have been a number of indictments focusing on the latter set of
> lawyers, but to merely call them "defense attorneys" is wrong. Many of them
> have actively assisted fraud and financial robbery of investors and the
> public at Enron, in Medicare scams, in tax avoidance schemes, and so on.
>
> I'm all for them being indicted if they actively participate in illegal
> crimes. Being a lawyer shouldn't give you immunity when you participate in
> criminal activity and, worse, the attorney-client privilege shouldn't be
> used to hide illegal activity. Remember, decades of tobacco research that
> showed deliberate attempts to addict children were hidden under "work
> product" rules, until Florida litigation finally dragged it out into the
> open.
>
> As for Lynne Stewart, she was not indicted for defending an accused
> terorist, but was indicted under charges of facilitating ongoing terrorist
> activity. The evidence may be sketchy and the eavesdropping used to collect
> that evidence wrong, but if she actually did what it is claimed she did --
> facilitate the delivery of a message directing terrorist attacks -- there is
> no reason she shouldn't be indicted. But don't go from attacking bad
> evidence to making a broader argument that lawyers should be immune from
> prosecution if they facilitate illegal activity. Thank god the corporate
> lawyers are finally be taken down-- they are some of the worst criminals out
> there, since they are the masterminds of most criminal corporate activity.
>
> Nathan Newman
>
>
> ----- Original Message -----
> From: "Doug Henwood" <dhenwood at panix.com>
>
>
> Michael Perelman wrote:
>
> >Lynne Stewart
>
> There's a good piece in the current ish of Reason (not on web) on the
> Justice Dept's attempts to criminalize being a defense attorney. It's
> not just Stewart they're after - it's an entire pattern. Of course
> the Stewart prosecution is politically scarier. She's not being
> charged under the PATRIOT Act, because her alleged offenses were
> committed before that law was passed. Under the PATRIOT Act, the very
> defense of an accused "terrorist" could itself be prosecuted as
> terrorism.
>
> Doug
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-- Michael Perelman Economics Department California State University Chico, CA 95929

Tel. 530-898-5321 E-Mail michael at ecst.csuchico.edu



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