Attacks on Detainee Lawyers Split Conservatives

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A conservative advocacy organization in Washington, Keep America Safe, kicked up a storm last week when it released a video that questioned the loyalty of Justice Department lawyers who worked in the past on behalf of detained terrorism suspects.

But beyond the expected liberal outrage, the tactics of the group, which is run by Liz Cheney, the daughter of the former vice president, have also split the tightly knit world of conservative legal scholars. Many conservatives, including members of the Federalist Society, the quarter-century-old policy group devoted to conservative and libertarian legal ideals, have vehemently criticized Ms. Cheney’s video, and say it violates the American legal principle that even unpopular defendants deserve a lawyer.

“There’s something truly bizarre about this,” said Richard A. Epstein, a University of Chicago law professor and a revered figure among many members of the society. “Liz Cheney is a former student of mine — I don’t know what moves her on this thing,” he said.

On Sunday, Benjamin Wittes, a senior fellow at the Brookings Institution, issued a joint letter criticizing the “shameful series of attacks” on government lawyers, which it said were “unjust to the individuals in question and destructive of any attempt to build lasting mechanisms for counterterrorism adjudications.”

http://www.nytimes.com/2010/03/10/us/politics/10lawyers.html?th&emc=th