5/01/2009

If They Ask Run Away!

Is it any wonder Andy McCarthy wanted nothing to do with the President's Task Force on Detention Policy? Under the circumstances, neither would I.

[I]n light of public statements by both you and the President, it is dismayingly clear that, under your leadership, the Justice Department takes the position that a lawyer who in good faith offers legal advice to government policy makers--like the government lawyers who offered good faith advice on interrogation policy--may be subject to investigation and prosecution for the content of that advice, in addition to empty but professionally damaging accusations of ethical misconduct. Given that stance, any prudent lawyer would have to hesitate before offering advice to the government...

Given your policy of conducting ruinous criminal and ethics investigations of lawyers over the advice they offer the government, and your specific position that the wartime detention I would endorse is tantamount to a violation of law, it makes little sense for me to attend the Task Force meeting. After all, my choice would be to remain silent or risk jeopardizing myself.

It seems hypocritical of the government to ask lawyers to do exactly the same thing others have done for the previous administration, something for which the present administration now wants to prosecute them.

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