Play discusses torture

February 25, 2010
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Submitted by IL Staff reporter Rebecca Berfanger:

“Sunlight,” a play that examines both sides of the debate on torture of detainees, opens tonight at the Phoenix Theatre in Indianapolis. It will be performed through March 20, including post-performance discussions March 5 and 14 featuring experts on the issues the characters present in the play.

The Phoenix invited me to attend a run-through of the play Tuesday night. After seeing it, I can say it will definitely encourage discussion on the legal aspects of the debate on torture and the rule of law following the terror attacks of Sept. 11.

Three of the four characters in the play are attorneys: Matthew, the zealous liberal president of a prestigious East Coast university; Vincent, the university president’s son-in-law and conservative dean of the university’s law school; and Charlotte, the president’s daughter and Vincent’s wife, herself a conservative lawyer in private practice. The fourth character is Matthew’s long-time assistant Midge, who tends to side with her boss, and provides comic relief from time to time.

The play opens the day after the president has allegedly ransacked the law school dean’s office in retaliation over the dean’s work supporting torture, including a course called, “The Law of Terror.” Due to the allegations following this incident, the university’s board is holding a meeting to vote on whether he should be allowed to stay in his position. Meanwhile, as Matthew’s daughter and lawyer, Charlotte is handling calls from the local media and shredding seemingly irrelevant documents at Matthew’s home.

Eventually Vincent and Matthew face each other in a passionate debate where Vincent explains why he is for torture, and Matthew takes a stand as to why he is adamantly opposed to it. Meanwhile, Charlotte, who has a very personal connection to Sept. 11 that affects both important men in her life, is torn between her loyalty to her father and to her husband, while coming to terms with her own views on the issue.

The play is especially relevant to Indiana’s legal community, considering Indiana University Maurer School of Law – Bloomington professor Dawn Johnsen’s nomination is still pending for the Office of Legal Counsel. While the play doesn’t expressly mention Johnsen, it does refer to the OLC’s work in allowing torture during the Bush administration. Johnsen’s reports against the work of the OLC under President George W. Bush are part of why she’s been a controversial nominee. (She was on the schedule for today’s Senate Judiciary Committee meeting, but was postponed for the fourth time since she was re-nominated earlier this year).

The first post-play discussion will feature Indiana University – Purdue University Indianapolis School of Public and Environmental Affairs faculty members Sheila Suess Kennedy and Jim White, who will be available following the 8 p.m. performance March 5. Kennedy specializes in civil rights and was executive director of the American Civil Liberties Union of Indiana from 1992 to 1998. White served on the Indiana State Police for more than 20 years and serves as director of emergency management for Indianapolis/Marion County.

The post-play discussion March 14 will take place after the 2 p.m. performance and will feature history professor Peter DiMeglio. DiMeglio taught for 37 years at the University of Wisconsin, specializing in history of the 18th, 19th, and 20th centuries and world civilization. He was also the director of the University of Wisconsin’s Institute of International Studies.

The Indianapolis theatre is the second venue to produce the play as part of its National New Play Network’s Rolling World Premiere, following its first production at Marin Theatre Company in Mill Valley, Calif.

Phoenix Theatre is located at 749 N. Park Ave., Indianapolis. For ticket information and show times, visit the theatre’s Web site or call (317) 635-7529.

If you make it to a performance, let us know what you think.
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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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