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I think that caution is warranted before criticizing lawyers for representing unpopular clients or causes. Does that mean criticism is never fair or warranted? No it does not.
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/2 When someone is being prosecuted by the government -- either a criminal prosecution or some sort of extra-judicial punishment -- then representing them is how we protect everybody's rights, not an endorsement of what they're accused of doing.
/3 So I tend to regard the "how can you defend THOSE people/look at these traitors representing terrorist" critics as tiresome totalitarian assholes who aren't at peace with the concept that everyone is entitled to a defense.
@Liz_Cheney
@Liz_Cheney
/4 The civil justice system also relies on combatants being represented by counsel. Representing someone accused of a civil wrong is not an endorsement of the act they're accused of doing. Defending someone's free speech is not a defense of the decency or morals of that speech.
/5 However, in my opinion, it's possible to set out to use the civil justice system for a fundamentally evil end, and representing someone in doing that is fair game for comment and judgment. We will not agree on where that line is. But ...
/6 Imagine a group had an explicit aim to disenfranchise as many, let's say, black Americans as possible through voter fraud accusations and suits tailored to attack voting in disproportionately black precincts.
/7 Would you really argue that the integrity and spirit of the system should stop us from criticizing the lawyers who decide to embark on those lawsuits to help their client towards that goal?
/8 Or, if you prefer an example in the other direction, imagine a group devoted to suing as many conservative commentators for defamation as possible with an express goal of suppressing conservative commentary. Is that really not worthy of criticism of the lawyers?
/9 Not every litigant is a criminal defendant facing the state's might, not every civil litigant merely "someone who needs a lawyer." Sometimes litigation is brought for evil ends. The lawyers who decide to promote those ends are, in my view, fairly subject to public judgment.
/10 By the way, saying that they're fairly subject to public judgment is not endorsing every move that could be used to encourage and impose that judgment. Sorry if that wasn't obvious.
/11 FWIW, in the long run, I think normalizing the Lincoln Project’s approach is significantly more likely to advance Trumpism than fight it.
/12 Orin’s take is different than mine and I disagree with some of this but he’s always worth hearing out. https://twitter.com/orinkerr/status/1326272351894343680
