The New York Times offered an Editorial today in defense of lawyers who represented Guantanamo detainees as private attorneys and have been criticized by former the former Vice President’s daughter, Lynne Cheney, for now working at the Justice Department, alleging that they share terrorist values. The Times notes the historical precedent of Liz Cheney’s criticisms, stating, “In the McCarthy era, demagogues on the right smeared loyal Americans as disloyal and charged that the government was being undermined from within. In this era, demagogues on the right are smearing loyal Americans as disloyal and charging that the government is being undermined from within.”
While Ms. Cheney focuses on the “Gitmo 9”, her main concern does not seem to be the McCarthy-esque criticisms that these attorneys now work for the Justice Department. Her new organization, “Keep America Safe”, states, “the Department of Homeland Security (DHS) is emerging as a champion of our sworn enemies, while constantly tripping up over its club foot along a politically-correct journey to try detainees in civilian courts instead of in the appropriate military confines of Guantanamo Bay where they belong.” It appears that Ms. Cheney altogether opposes the right of habeas corpus for Guantanamo detainees, a right which was upheld by the Supreme Court in 2008.
The New York Times points out that “In representing Guantánamo detainees, they were in no way advocating for terrorism. They were ensuring that deeply disliked individuals were able to make their case in court, even ones charged with heinous acts — and that the Constitution was defended.” They rightly conclude: “If lawyers who take on controversial causes are demonized with impunity, it will be difficult for unpopular people to get legal representation — and constitutional rights that protect all Americans will be weakened. That is a high price to pay for scoring cheap political points.”
Learn more about the ACLU’s Safe and Free project, which affirms that national security need not dismiss our Constitution.
