The American Bar Association Pulls The Fire Alarm
The crisis is here.
Yesterday, the American Bar Association did something it pretty much never does: It spoke out on politics. If you’re a cow with a head injury or an alien from outer space or a typical Trump supporter, you might think the organization is being partisan in so doing, but that word doesn’t apply when the president and his party are in the midst of committing a Nazi terrorist attack to destroy the United States once and for all, and with it, the Constitution, the rule of law, and the rest of our 249-year experiment.
But that’s what’s happening, which means groups like the ABA must speak out. It’s not the kind of thing that’s going to make a ripple at the next Make Cousins Love Again Trump Nazi Jamboree in Pig Whistle, Alabama, but it might be instructive for some of the real lawyers currently trading their integrity and legal ethics to work for Donald Trump, or real lawyers quietly hanging on in government agencies facing a choice over whether or not to do that.
Y’all know how lawyers who work for Trump tend to get disbarred, right?
The Trump regime, unsurprisingly, is being very clear that if the choice for lawyers is between following the law and breaking it for Trump, they’ll pick the latter every time. Pam Bondi’s Justice Department has already let it be known in no uncertain terms that their alliance is to den Führer.
Letters have been drafted begging the ABA to stand up against the two-bit dictator. The ABA has already had to come out in opposition to Trump’s executive order threatening targeted investigations into DEI in bar associations of all kinds, at all levels. The clear implication being that if you speak out against Stupid Hitler in any way, Stupid Hitler will target you. NBC News has much more on what the conversations surrounding bar associations are looking like right now.
Now we have this very long statement from Bill Bay, the president of the ABA. Again, if you’re a MAGA Nazi supporter, it might seem “partisan.” To normal people who don’t hate America and everything it stands for, it’s just patriotic.
The full statement, which is titled “The ABA Supports The Rule Of Law,” with a few things bolded for emphasis:
It has been three weeks since Inauguration Day. Most Americans recognize that newly elected leaders bring change. That is expected. But most Americans also expect that changes will take place in accordance with the rule of law and in an orderly manner that respects the lives of affected individuals and the work they have been asked to perform.
Instead, we see wide-scale affronts to the rule of law itself, such as attacks on constitutionally protected birthright citizenship, the dismantling of USAID and the attempts to criminalize those who support lawful programs to eliminate bias and enhance diversity.
We have seen attempts at wholesale dismantling of departments and entities created by Congress without seeking the required congressional approval to change the law. There are efforts to dismiss employees with little regard for the law and protections they merit, and social media announcements that disparage and appear to be motivated by a desire to inflame without any stated factual basis. This is chaotic. It may appeal to a few. But it is wrong. And most Americans recognize it is wrong. It is also contrary to the rule of law.
The American Bar Association supports the rule of law. That means holding governments, including our own, accountable under law. We stand for a legal process that is orderly and fair. We have consistently urged the administrations of both parties to adhere to the rule of law. We stand in that familiar place again today. And we do not stand alone. Our courts stand for the rule of law as well.
Just last week, in rejecting citizenship challenges, the U.S. District Judge John Coughenour said that the rule of law is, according to this administration, something to navigate around or simply ignore. “Nevertheless,” he said, “in this courtroom and under my watch, the rule of law is a bright beacon which I intend to follow.” He is correct. The rule of law is a bright beacon for our country.
In the last 21 days, more than a dozen lawsuits have been filed alleging that the administration’s actions violate the rule of law and are contrary to the Constitution or laws of the United States. The list grows longer every day.
These actions have forced affected parties to seek relief in the courts, which stand as a bulwark against these violations. We support our courts who are treating these cases with the urgency they require. Americans know there is a right way and a wrong way to proceed. What is being done is not the right way to pursue the change that is sought in our system of government.
These actions do not make America stronger. They make us weaker. Many Americans are rightly concerned about how leaders who are elected, confirmed or appointed are proceeding to make changes. The goals of eliminating departments and entire functions do not justify the means when the means are not in accordance with the law. Americans expect better. Even among those who want change, no one wants their neighbor or their family to be treated this way. Yet that is exactly what is happening.
These actions have real-world consequences. Recently hired employees fear they will lose their jobs because of some matter they were assigned to in the Justice Department or some training they attended in their agency. USAID employees assigned to build programs that benefit foreign countries are being doxed, harassed with name-calling and receiving conflicting information about their employment status. These stories should concern all Americans because they are our family members, neighbors and friends. No American can be proud of a government that carries out change in this way. Neither can these actions be rationalized by discussion of past grievances or appeals to efficiency. Everything can be more efficient, but adherence to the rule of law is paramount. We must be cognizant of the harm being done by these methods.
Moreover, refusing to spend money appropriated by Congress under the euphemism of a pause is a violation of the rule of law and suggests that the executive branch can overrule the other two co-equal branches of government. This is contrary to the constitutional framework and not the way our democracy works. The money appropriated by Congress must be spent in accordance with what Congress has said. It cannot be changed or paused because a newly elected administration desires it. Our elected representatives know this. The lawyers of this country know this. It must stop.
There is much that Americans disagree on, but all of us expect our government to follow the rule of law, protect due process and treat individuals in a way that we would treat others in our homes and workplaces. The ABA does not oppose any administration. Instead, we remain steadfast in our support for the rule of law.
We call upon our elected representatives to stand with us and to insist upon adherence to the rule of law and the legal processes and procedures that ensure orderly change. The administration cannot choose which law it will follow or ignore. These are not partisan or political issues. These are rule of law and process issues. We cannot afford to remain silent. We must stand up for the values we hold dear. The ABA will do its part and act to protect the rule of law.
We urge every attorney to join us and insist that our government, a government of the people, follow the law. It is part of the oath we took when we became lawyers. Whatever your political party or your views, change must be made in the right way. Americans expect no less.
– William R. Bay, president of the American Bar Association
Again, if you’re a Nazi Republican, that probably feels like an attack. All good and true things feel like attacks to Nazi Republicans, we reckon.
This is a plea to lawyers to remember that they’re lawyers and act accordingly, unlike the freaks Trump has installed atop the Justice Department and in OMB and everywhere else, many of whom have represented Trump so many times that the concept of legal ethics is probably a foreign language at this point. (Use it or lose it! It applies to high school Spanish and also legal ethics, we guess.) And it’s a plea to elected officials to at least pretend like they weren’t making jerk-off motions behind their backs when they took their oaths.
Note that the full statement, while referring to specific things, doesn’t invoke the dictator by name. That seems intentional.
Bay said last week at a speech in Phoenix that the ABA “will not shrink from the things we believe in.” More:
“We will stand tomorrow for what we stand for today and what we stood for yesterday: the rule of law, the importance of our judicial system, the essential role of lawyers, an inclusive profession,” he said. “These are our north stars. We will hold fast to our core principles in the face of shifting winds.”
Bay closed out his speech to a standing ovation, saying, “I believe this will be our finest hour.”
We certainly hope so. The times we live in require it.
EJ Dionne quotes Erwin Chemerinsky, dean of UC Berkeley Law, who emphasizes that “We are in the midst of a constitutional crisis right now. There have been so many unconstitutional and illegal actions in the first 18 days of the Trump presidency. We never have seen anything like this.” It’s not coming. We’re in the thick of it. The speaker of the House — an avowed Christian extremist insurrectionist — will not say out loud that Trump and Elon Musk should obey court orders. JD Vance and Elon Musk are pretty sure the answer to that is “no,” and that courts should have to physically make them obey orders.
Because guess what? The speaker of the House is one of those domestic enemies people swear to protect America from, and so is the president, and so is the vice president, and so is their unelected South African apartheid terrorist buddy.
Yes. It’s that bad. The place we are is that bad. “The republic is under siege,” as Dionne writes. The terrorists are here. Just under 50 percent of your fellow American voters let them in the front fucking door.
It’s time for everyone who gives a shit about the country to act like it.
(And for regular people feeling helpless about what to do, start with this thread from Senator Chris Murphy and this newsletter from Sherrilyn Ifill and follow Rebecca Solnit wherever on the internet you may find her. They have assignments to give you.)
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Who could have possibly seen this coming, besides anyone not historically illiterate?
I number among my acquaintances a certain attorney who, while still in the active stage of his addictions, violated an active order of protection while on an alcohol and crack binge, led a high-speed chase and got into a fistfight with the cops who were rightfully called on him.
He’s still practicing law. The higher-ups allowed that. But they’re pushing back against Trump.
That’s how bad this is.