PERSONALLY IN TERMS OF YOUR RULINGS ON THE BENCH. >>> THANK YOU, SENATOR.
SEPTEMBER 11th WAS A TRAGIC
ATTACK ON THIS COUNTRY.
WE ALL LIVED THROUGH IT AND SAW
WHAT HAPPENED, AND THERE WERE
MANY DEFENSES, IMPORTANT
DEFENSES THAT AMERICANS
UNDERTOOK.
THERE WERE AMERICANS WHOSE
SERVICE CAME IN THE FORM OF
MILITARY ACTION, MY BROTHER WAS
ONE OF THOSE AMERICANS, THOSE
BRAVE AMERICANS WHO DECIDED TO
JOIN THE MILITARY TO DEFEND OUR
COUNTRY.
THERE AREOS OF YOU IN THIS BODY
WHO HAVE MILITARY SERVICE AND I
HONOR THAT.
TO PROTECT OUR COUNTRY.
AFTER 9/11, THERE WERE ALSO
LAWYERS WHO RECOGNIZED THAT OUR
NATION’S VALUES WERE UNDER
ATTACK, THAT WE COULDN’T LET THE
TRANSCRIPTS WIN BY CHANGING WHO
WE WERE.
FUNDAMENTALLY.
AND WHAT THAT MEANT WAS THAT --
OF HAVING ENGAGED IN ACTIONS
RELATED TO THIS, UNDER OUR
CONSTITUTIONAL SCHEME, WERE
ENTITLED TO REPRESENTATION.
WE ARE ENTITLED TO BE TREATED
FAIRLY.
THAT IS WHAT MAKES OUR SYSTEM
THE BEST IN THE WORLD.
THAT IS WHAT MAKES US EXEMPLARY
EXEMPLARY,.
I WAS IN THE FEDERAL PUBLIC
DEFENDERS OFFICE WHEN THE
SUPREME COURT, EXCUSE ME, RIGHT
AFTER THE SUPREME COURT DECIDED
THAT INDIVIDUALS WHO WERE
DETAINED AT GUANTANAMO BABY THE
PRESIDENT COULD SEEK REVIEW OF
THEIR DETENTION.
AND THOSE CASES STARTED COMING
IN AND FEDERAL PUBLIC DEFENDERS
DON’T GET TO PICK THEIR CLIENTS.
THEY HAVE TO REPRESENT WHOEVER
COMES IN AND IT IS A SERVICE.
THAT IS WHAT YOU DO AS A FEDERAL
PUBLIC DEFENDER, YOU ARE
STANDING UP FOR THE
CONSTITUTIONAL VALUE OF
REPRESENTATION.
AND SO I REPRESENTED AS AN
APPELLATE DEFENDER SOME OF THOSE
DETAINEES IN THE EARLY DAYS, THE
LEGAL LANDSCAPE WAS VERY
UNCERTAIN, THIS HAD NEVER
HAPPENED BEFORE, NOT ONLY THE
ATTACK, BUT ALSO THE USE OF
EXECUTIVE AUTHORITY TO DETAIN
PEOPLE IN THIS WAY, AND THERE
WERE A LOT OF QUESTIONS THAT THE
COURT WAS ASKING, THE SUPREME
COURT HAD TAKEN A SERIES OF
CASES TO TRY TO UNDERSTAND WHAT
ARE THE LIMITS OF EXECUTIVE
AUTHORITY, WHICH IS IMPORTANT.
ALL OF OUR LIBERTY IS AT STAKE
IF WE DON’T GET IT RIGHT IN
TERMS OF WHAT THE EXECUTIVE CAN
DO.
THE SUPREME COURT HAS RECENTLY
REAFFIRMED THE CONSTITUTION DOES
NOT GET SUSPENDED IN TIMES OF
EMERGENCY AND SO LAWYERS WERE
TRYING TO HELP THE COURT TO
FIGURE OUT, FIGURE OUT WHAT THE
EXECUTIVES POWER WAS IN THIS
CIRCUMSTANCE, AND AS AN
APPELLATE DEFENDER I WORKED ON
THE HAEB USE PETITIONS (^) OF
SOME OF THESE DETAINEE, MY
PETITIONS WERE VIRTUALLY
IDENTICAL, BECAUSE WE HAD VERY
LITTLE INFORMATION, PART OF THE
ISSUE AT THE VERY BEGINNING OF
THESE CASES WAS THAT MOST OF
THESE FACTUAL INFORMATION WAS
CLASSIFIED.
SO, DEFENSE COUNSEL WERE
APPOINTED TO REPRESENT THESE
DEFENDANT, WE HAD NO FACTS, AND
I WAS MAKING LEGAL ARGUMENTS
ABOUT THE CIRCUMSTANCES.
THAT IS WHAT GAVE RISE TO MY
REPRESENTATION AND I WOULD JUST
EMPHASIZE THAT THAT IS THE ROLE
OF A CRIMINAL DEFENSE LAWYER.
CRIMINAL DEFENSE LAWYERS MAKE
ARGUMENTS ON BEHALF OF THEIR
CLIENTS IN DEFENSE OF THE
CONSTITUTION AND IN SERVICE OF