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Tilting at Windmills

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March 10, 2010

CHENEY KEEPS LOSING FRIENDS.... The bipartisan pushback against Liz Cheney's "Keep America Safe" latest smear campaign isn't quite finished. Some unexpected conservatives continue to denounce the attacks against Justice Department attorneys.

Sen. Lindsey Graham, R-S.C., a member of the Senate Armed Services and Judiciary Committees, told The Cable Tuesday that the Cheney-Kristol ad was inappropriate and unfairly demonized DOJ lawyers for doing a noble public service by defending unpopular suspects.

"I've been a military lawyer for almost 30 years, I represented people as a defense attorney in the military that were charged with some pretty horrific acts, and I gave them my all," said Graham. "This system of justice that we're so proud of in America requires the unpopular to have an advocate and every time a defense lawyer fights to make the government do their job, that defense lawyer has made us all safer." [...]

"I'm with Kenneth Starr on this one," Graham added, referring to a letter signed by several GOP lawyers, many of whom defended Bush-era detainee policies, condemning the "al Qaeda 7" ad.

So, apparently, is former Bush Attorney General Michael Mukasey, who blasted the Cheney smear campaign in a WSJ op-ed today.

This is all of a piece, and what it is a piece of is something both shoddy and dangerous. A lawyer who represents a party in a contested matter has an ethical obligation to make any and all tenable legal arguments that will help that party.

Sen. Jeff Sessions (R-Ala.) called the Keep America Safe attack ad "over the top and unjustified." University of Chicago law professor Richard Epstein, one of Liz Cheney's former teachers, called the smear "appalling."

We seem to be approaching the point of a mainstream consensus that Cheney and Keep America Safe crossed a line of American decency that responsible figures simply aren't supposed to cross.

Steve Benen 10:40 AM Permalink | Trackbacks | Comments (31)

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Who wants to bet she'll keep doing it anyway? And the corporate MSM will cover it 24/7. She's talking to the base. In that unreal world she's a hero, and standing up for what they believe.

Posted by: rRRk1 on March 10, 2010 at 10:44 AM | PERMALINK

sure glad to see "responsible" figures like sessions, mukasey, starr, and huckleberry graham have decided what's crossing the line of decency in this country.

my heart swells with pride... yeah, sure...

and god damn dick cheney's shit-filled soul to hell.

Posted by: neill on March 10, 2010 at 10:52 AM | PERMALINK

I'm not surprised that RINOs like Lindsey Graham and Kenneth Starr are attacking Liz Cheney for exercising her First Amendment rights.

Posted by: Al on March 10, 2010 at 10:57 AM | PERMALINK

We seem to be approaching the point of a mainstream consensus that Cheney and Keep America Safe crossed a line of American decency that responsible figures simply aren't supposed to cross.

For which her punishment will be an endless stream of invites to appear on prominent television talking head shows, and probably a huge book deal from Regnery.

Posted by: zeitgeist on March 10, 2010 at 11:00 AM | PERMALINK

Pretty weak, Al. Nobody's saying that Liz Cheney should be able to speak her opinions. Instead, as you should know, being able to speak your opinions doesn't immunize you from having them criticized.

Posted by: a different phil on March 10, 2010 at 11:00 AM | PERMALINK

We seem to be approaching the point of a mainstream consensus that Cheney and Keep America Safe crossed a line of American decency that responsible figures simply aren't supposed to cross.

Crossing a line of American decency so far over that she ought to be shunned in public? Absolutely. Enough for the cable news programs to show even a residue of good taste and refuse to book her ever again? Not a chance; she'll probably be on even more now. Truly disgraceful.

Posted by: electrolite on March 10, 2010 at 11:01 AM | PERMALINK

With William Kristol on the board of Keep America Safe, why not more push back against him?

Posted by: ComradeANon on March 10, 2010 at 11:02 AM | PERMALINK

It's not a matter of Liz Cheney crossing a line and being reined back in by principled conservatives; it's that she was just a bit too forthright with the authoritarianism. Right wing media spokespeople are supposed to keep up the pretense that they favor Freedom and Democracy, and not reveal the fascist thuggery just under the surface of their movement.

Posted by: jimBOB on March 10, 2010 at 11:04 AM | PERMALINK

Is Liz Cheney planning a run for political office? If so, be afraid. She's Sarah Palin with a brain.

Anyone catch Marc Thiessen on Jon Stewart last night? These torture-apologists must know something. Like the average citizen's contempt for human rights and basic decency.

Posted by: walt on March 10, 2010 at 11:14 AM | PERMALINK

Hey, aren't all those guys criticizing Liz TRIAL LAWYERS?

And you know how the GOP feels about them!

As for Our Liz, she's as pure as the driven snow. Or was, until she drifted. . .

Posted by: DAY on March 10, 2010 at 11:17 AM | PERMALINK

So I guess we know where "the line" is now. Kicking kids out of health insurance programs is perhaps unfortunate. Moving hundreds upon hundreds of billions of dollars out of the middle class economy is breaking a few eggs. Lying about WMD is the price of liberty. But so help me God if you call a lawyer a terrorist...

So, there you go. There's your line right there.

Posted by: vrd on March 10, 2010 at 11:21 AM | PERMALINK

As DAY noted, the defense from the right is more a matter of pushback against unjustified attacks on lawyers than against unjustified denial of the constitutional rights of suspects.

Posted by: N.Wells on March 10, 2010 at 11:22 AM | PERMALINK

Is Liz Cheney planning a run for political office? If so, be afraid. She's Sarah Palin with a brain.
Posted by: walt

I know lots of people with brains. The cemeteries are full of them. But having a brain that's dead and decaying into worm-riddled goo doesn't mean squirrel-squat, so I'm not going to be terribly worried about a Sarah Palin mini-me that goes over the lemming-cliff long before aspiring to diseased fantasies of political grandeur.

Posted by: S on March 10, 2010 at 11:24 AM | PERMALINK

I'll be impressed when these outraged right wingers show their disgust not only with defending their fellow laywers but with the unjust acts perpetrated onto the ones who were renditioned, tortured,and murdered by Cheney's dad, Darth.

Posted by: stevio on March 10, 2010 at 11:31 AM | PERMALINK

Hey, there's some predictable garbage in that NYT article, from none-other than the Lawyer Who Protected Us From The Terrorists:

"John C. Yoo, the former Justice official whose memorandums on torture and presidential power were used to justify some of the most controversial policies of the Bush administration, said he had not seen the material from Ms. Cheney’s group. But Professor Yoo, who now teaches at the University of California, Berkeley, and is active in the Federalist Society, said the debate about lawyers who once represented detainees at the American prison in Guantánamo Bay serving in the Justice Department was overheated.

“What’s the big whoop?” he asked. “The Constitution makes the president the chief law enforcement officer. We had an election. President Obama has softer policies on terror than his predecessor.” He said, “He can and should put people into office who share his views.” Once the American people know who the policy makers are, he said, “they can decide whether they agree with him or not.”

Really? I think all those Al-Qaeda and Taliban guys who's molecules have been forcibly distanced from each other via Predator drone might disagree with you that Obama is "softer."

Posted by: BrendanInBoston on March 10, 2010 at 11:36 AM | PERMALINK

Shorter Liz Cheney = Media Whore

She exists only to promote Liz Cheney, just like the rest of the clown car collection, Beck Rush Coulter Malkin et all.

Remind me again what her qualifications are that her opinion would be so revered?

Posted by: john R on March 10, 2010 at 11:38 AM | PERMALINK

Interesting that while many conservative attorneys from the Bush and Reagan years are calling her out for this, Mourning Joe led, yesterday, with a new poll from somewhere showing more people becoming critical of the handling of terrorists and interrogation by our administration. Apparently, FAUX News is getting out better spin to those who are never concerned with any facts. Liz speaks and the ill-informed listen.

Posted by: berttheclock on March 10, 2010 at 11:42 AM | PERMALINK

I think everyone is misunderestimating Cheney and her goals. This attack has illicited rebukes from Republicans who offer up the old "Democrats are guilty of this too" cannard. By way of example they offer up Jay Bybee and John Yoo.

I believe this is really about offering cover for and rehabilitating the reputations of the Yoos and Bybees of the Bush years.

In a another 12 to 20 years several loyal Bushie lawyers will be sufficiently redeemed to merit consideratin for the Supreme Court.

Posted by: Winkandanod on March 10, 2010 at 11:44 AM | PERMALINK

It's a relief to know that line is still there. But I suspect it's only there because there are some Republican oxes being gored. Or because of their self-interest in not wanting to go down with the Cheney ship.

They are otherwise happy to allow such tactics to continue.

Posted by: Andy Olsen on March 10, 2010 at 11:45 AM | PERMALINK
Every time a defense lawyer fights to make the government do their job, that defense lawyer has made us all safer.

This is one of the best summaries of the issue I've seen from either side. And from <expletive deleted> Lindsey Graham of all people.

Posted by: noncarborundum on March 10, 2010 at 11:50 AM | PERMALINK

Bi-partisan?

I haven't heard a Democrat push back yet. It's ALL been Republicans.

Posted by: Northern Pike on March 10, 2010 at 11:51 AM | PERMALINK
Bi-partisan?

I haven't heard a Democrat push back yet. It's ALL been Republicans.

That would require having principles. And a spine.

Posted by: noncarborundum on March 10, 2010 at 12:10 PM | PERMALINK

The push back from within the GOP is surprising. But it isn't entirely disinterested; it's largely coming from lawyers who themselves are vulnerable to this sort of attack.

Posted by: Jon on March 10, 2010 at 12:16 PM | PERMALINK

One wonders when Cheney and Kristol will get around to attacking the doctors who treat the inmates at Gitmo.

Posted by: Jon on March 10, 2010 at 12:18 PM | PERMALINK

I often wonder if our 'sighs of relief' when someone denounces something as insane as this, aren't playing right into the propagandists' hands. This makes otherwise radical right-wing fringe politicians and pundits look "reasonable".

Moving the 'Overton Window' might be the whole point.

Posted by: JTK on March 10, 2010 at 12:20 PM | PERMALINK

I don't understand, each person backing the calling out Cheney was cool with torture. How are you cool with torture, but not cool with defaming layers who wanted their clients to have rights, um, like the right to not be punished before trial (torture).

They are basically saying that it's fine to torture someone, but you had not mess with their lawyers who want them to have rights guaranteed under the constitution.

It doesn't make sense.

Posted by: ScottW on March 10, 2010 at 1:00 PM | PERMALINK
ScottW: I don't understand, each person backing the calling out Cheney was cool with torture. How are you cool with torture, but not cool with defaming layers who wanted their clients to have rights, um, like the right to not be punished before trial (torture).

They are basically saying that it's fine to torture someone, but you had not mess with their lawyers who want them to have rights guaranteed under the constitution.

It doesn't make sense.

My thoughts exactly. At this point, assuming that the modern conservatives we've all come to know of late are acting on any shred of principle, seems hopelessly naive. This seems as choreographed as anything we've come to expect from the right and it's MSM enablers.

If there's anything wingers hate worse than terrorists, it's lawyers and the very idea of rights being afforded to anyone (even) *suspected* of a crime. Unless, of course, they think they might need to "lawyer up" sometime in the near future; so better to not burn those bridges.

See my theory at 12:20. This has Overton Window manipulation written all over it.

Posted by: JTK on March 10, 2010 at 1:28 PM | PERMALINK

We'll have to wait until Rush Limbaugh comes out in support of Keep America Safe. How many of these Republicans will walk their decency back?

Posted by: bobbo on March 10, 2010 at 2:42 PM | PERMALINK

ScottW: I don't understand, each person backing the calling out Cheney was cool with torture. How are you cool with torture, but not cool with defaming layers who wanted their clients to have rights, um, like the right to not be punished before trial (torture).

Uh, because the conservatives in question are all upper class white conservative lawyers or people whose friends are upper class conservative lawyers? This accusation was striking close to home. Remember, no many how much harm these people have done to this country, its political system and its citizens, they think they are heroes, the best sort of Americans, and all those bad things you think they did are irrelevant to this self-judgement.

They and their friends are under attack, here, not a bunch of loser liberals, phoney do-gooders, or dirty foriegners. They will defend themselves and their illusion of virtue.

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Posted by: www.washingtonmonthly.com on April 16, 2011 at 6:45 AM | PERMALINK
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