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DTCI: Commitment to the rule of law is US’s greatest export

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Christopher Lee DTCIOur convoy departed at 0400 in eight up-armored Humvees, two Ford Rangers and a Mahindra jeep. Heading north, we passed Bagram Airbase and began the ascent up into the Hindu-Kush Mountains. The Afghan summer heat had melted the snow that had blocked passage through the Salang Tunnel at roughly 11,000 feet.

My interpreter, “A.J.”; a JAG officer (and fellow Hoosier), Hal Johnston; and I accompanied a platoon plus in their mission to relieve a similar platoon stationed at the newly constructed regional command just outside of Mazar-i-Sharif. Hal had requested to accompany me with the infantry platoon in armored guntrucks.

In the fall, five months earlier and before the snow, the infantry platoon we were traveling to replace had a “small” traffic accident. Even a small accident with an up-armored Humvee can, and did, cause injury to a passenger in an Afghan civilian vehicle. Wisely, the platoon leader had taken a picture of the injured passenger and saved the GPS coordinates of the accident. He also reported to me and the rest of the command that the accident was indeed the fault of the U.S. Army.

As we reached the coordinates, we pulled our convoy off the dirt road, set security and started our search for the victim who had been injured five months previously. A.J., in perfect Dari, showed the picture to several locals who replied that they knew the gentleman and would go and bring him to us immediately. Three hours later a small, frail, very nervous man matching the picture emerged from the back of a beat-up white and yellow Toyota Corolla. As we approached the Afghan who had been summoned by the Americans, I noticed that he was shaking … with fear.

At the time, in Afghanistan, “fault” and “responsibility” had a very different meaning from what we understand in the United States. If the other driver was an employee, distant relative or friend of a warlord, the accident was your fault. There were no juries, lawyers or fact finders. Facts of the accident did not matter. What mattered was your position, status or relationship.

To this poor Afghan who had been hit by a U.S. Humvee five months previously, the Americans were the warlords. In his mind, we certainly had returned to find him and recover from him, and his village, the damage he had done to our Humvee.

I asked the man through A.J., “Were you involved in an accident with U.S. troops last fall?” The man shook with fear so much that the other Afghans around him propped him up so he would not fall. He nodded affirmatively.

Hal, the JAG officer, stepped forward and said, “I have come here on behalf of the United States.” The Afghan’s face was pale, and he clearly anticipated that Hal’s next words would reveal his fate. Instead, Hal reached into his field expedient briefcase and pulled out a handful of Afghan money.

“We are here to make it right.” As Hal counted off the payment into the shaking and dirty Afghan hand, I saw a face I will never forget. On the bearded and weathered Afghan, whose eyes were now tearing in disbelief, I witnessed the face of justice. At that moment, we were no longer tyrants. We were there to ensure justice was served. This Afghan, and his entire village, stared in disbelief. Revealed to them, for the first time, were the warlords taking responsibility and attempting to provide justice.

The United States shines like a beacon of light to the world – not just because we possess the most capable military in the history of mankind – because each American is accountable to laws that are equally enforced and independently adjudicated. The adoption of the rule of law into the American way of life is distinct and envied by much of the world. Certainty in the application of laws, impartial procedure and an independently determined outcome assure liberty and are necessary ingredients in a free society. As Americans, we too often take for granted the vital and necessary role the American approach to the rule of law plays in maintaining the American way of life. Americans, and more specifically attorneys, should guard no differently against an executive that picks and chooses which laws to enforce, than against a judiciary that inconsistently applies our laws. Truly, the single greatest quality the United States can export is our commitment to the rule of law.•

__________

Christopher Lee is a partner in Kahn Dees Donovan & Kahn and is a director of the Defense Trial Counsel of Indiana. The opinions in this article are those of the author.

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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