ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

ADVERTISEMENT