October 31, 2007 - 1:47pm
District 8 GOP mailer calls into question country's legal foundation, experts say
By Max PizarroJohn Adams sought a standard for the emerging country's legal system when he represented a British soldier no other lawyer would defend. Adams argued that unless the enemy soldier was subject to a fair trail under the law, there was no sense standing up to the British crown.
"When Adams looked back on his career late in life, he said it was the most honorable thing he had ever done," Justin Loughrey, president of the Association of Criminal Defense Lawyers of New Jersey (ACDL-NJ).
Loughrey and others in the New Jersey legal community are invoking the second president of the United States and rising to defend due process against what they see as an attack in the district 8 legislative contest.
Republicans have issued campaign mailers that call into question Democrat Tracy Riley's husband's representation of a man charged in a terror conspiracy plot.
Alongside a picture of men marching in masks with guns, the mailer paid for by the Republican State Committee, reads, "He came to our country illegally. He plotted with other Islamic radicals to kill American soldiers at Fort Dix. Now, Tracy Riley's family's law firm is defending him... and your tax dollars are paying them to do it."
Scrolling across the bottom of the ad is the final shot, "Tracy Riley, whose values will she represent in Trenton? Ours? Or theirs?"
This week, as he assessed the Traz Group mailer for its possible impact on jury members in the case of the "Fort Dix Six," one of whom is represented by defense attorney Michael Riley, Judge Robert Kugler called it "despicable."
Loughrey agreed.
"This is not to say that the people running the ad don't have a 1st Amendment right," said the ACDL-NJ president. "People have a right to make what statements they will. But we have a Constitutional guarantee to provide the effective assistance of council. Mr. Riley is a very distinguished Burlington County lawyer. He was a tough and intelligent prosecutor and he takes his Constitutional appointment as a defense lawyer very seriously."
Richard Lehrich, past president of the association, said of the mailer, "It's scurrilous advertising, even worse than I thought. It's an incredibly offensive position for them to take."
Jeff Meyer, spokesman for Riley and her running mates Chris Fifis and Assemblyman Francis Bodine, said the judge's statement, "Is in synch with the voters in this district."
The Republican ticket made up of three attorneys, state senate candidate Phil Haines, and Assembly candidates Scott Rudder and Dawn Marie Addiego, have consistently defended the ad.
Haines told PoliticsNJ.com he might have sent out a different mail piece had the decision about advertising been solely his to make.
But as an attorney he couldn't reconcile representing an alleged terrorist with representing Burlington County residents.
"I would not represent the alleged terrorist," said Haines. "I realize he has Constitutional rights. That's a personal decision that I make. ...If I were working for a law firm, just working for a firm, not representing that individual myself, but working for a firm, I would ask the firm, 'Would you consider this a second time, maybe we shouldn't represent this individual under the circumstances since I'm running for office.'"
Mark Denbeaux, professor of Constitutional Law at Seton Hall University, says there is no gray area when it comes to whether someone within U.S. territory is entitled to legal representation and a speedy trial, and cited the 2004 U.S. Supreme Court decision in Rasul v. Bush, in which the court ruled against the Bush Administration for suspending habeas corpus at Guantanamo.
"This has already been decided," said Denbeaux.
According to the Center for Constitutional Law, the core contention of the litigation in Rasul v. Bush was that the United States cannot order indefinite detention without due process.
"The detainees have the right to challenge the legality of their detention in court," according to the center. "To make that challenge meaningful, they have the right to be informed of the charges they face, and the right to present evidence on their own behalves and to cross-examine their accusers.
"The failure of the Bush Administration to provide these protections raises serious questions about their commitment to the U.S. Constitution and international law."
Haines, who serves as county clerk, said it's a personal judgement.
"I'm an elected official anyway," he said, standing in Pemberton Township. "And I'm representing these folks who use this road right here who use this road to go to Fort Dix and McGuire. I represent them. They're constituents in Burlington County. I would just feel - not unethical or a real conflict - but an inherent personal conflict trying to represent the folks of Burlington County and representing an alleged terrorist."
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How is this news?
Of course the Association of Criminal Defence Lawyers is aginst this - they make their money off of representing the scum of the earth. Where is the balance, couldn't Matt find someone who is anti-illegal imigration and anti-terrorist to balance out the story? What a great story liberal lawyers who think their clients are innocent, even when they are found guilty think defending terrorism is ok.
BTW hey Myer, this view is not insync with the views of the district.
Nope
Actually, he was supporting the established British standard that all defendants deserve representation.
Further, there was no real concept of an emerging country at the time for Adams to seek to set standards for.
What Adams did was great and admirable in and of itself. There's no need to cloak it in American patriotism.
And as for Hogan above, no matter who the defendant is the American system of law provides them with an adequate defense. Suggesting that an organization dedicated to supporting this ideal of our system is unamerican is, well, unamerican.
He put his name on it
What a load of crap this is. Haines is trying to have it both ways, having his name and picture on the mailing but blaming someone else for it.
If he can't stand up to the other people in his campaign when he sees a piece he wouldn't send out, then how is he going to stand up for his constituents against the party leaders?
Further, Tracy Riley isn't the lawyer representing the alleged terrorists so there is no conflict between her campaign such as Haines is suggesting.
Basically, Haines is trying to two-step his way through this like any other weak pol who can't stand up for what he believes against the party powers.
Riley is STILL WRONG
From the get go she has used her position to be a poor little victim and TO THIS DAY has not come up with any uniform plans to protect the citizens of this county.
Right now, all she has done is side with Duka and his rights but not OUR rights and regardless of what the Judge says or the Dems say, voters whom I have talked to and emailed on the QT are not going to support her because they feel that she should have been upfront from the get go and not play these little "lets run to the judge game or I am a little victim" game to garner support.
If the tables were turned and it was Haines or someone on the ticket defending a terrorist, the dems would be doing THE SAME THING!
More Cowbell Please !!
Riley is STILL WRONG
From the get go she has used her position to be a poor little victim and TO THIS DAY has not come up with any uniform plans to protect the citizens of this county.
Right now, all she has done is side with Duka and his rights but not OUR rights and regardless of what the Judge says or the Dems say, voters whom I have talked to and emailed on the QT are not going to support her because they feel that she should have been upfront from the get go and not play these little "lets run to the judge game or I am a little victim" game to garner support.
If the tables were turned and it was Haines or someone on the ticket defending a terrorist, the dems would be doing THE SAME THING!
More Cowbell Please !!
Slow news day
This is one dead horse. Can we bury it now?
Just interesting
how no one, no group, no attorney, no judge or registered voter has said anything DEFENDING the mailer. ALL of the feedback has been negative and that the GOP was despicable to do it. There hasn't been one article in any paper which defends the trash they sent out, hum I wonder why??? It was over the line and EVERYONE knows it!!
I hope for your sake Constitution
that you do not lose a family member, friend, or you get injured in a terrroist bombing -- it can and will happen because we are at war.
Then come crying here to the forum on how the poor wittle terrorist didnt mean to blow anyone up, that we should just set them all free and let our illustrious candidates defend them at our tax dollar so they can blow us up again!
You are truly despicable and I feel sorry for you. I really have sympathy for you.
More Cowbell Please !!
Constitution4All
Chose from one of these three answers to your question:
A. No one cares
B. No one cares
C. No one cares
The Democrats are running a losing campaign and this is grasping at the straws of desperation. Do you live in the 8th District or in South Jersey? Have you seen Bodine, Riley and Fifis's network television ad lately? I haven't, probably because the Democrats have abandoned that sinking ship.
Constitution: Head Strategist for the 8th Dems
Good thing the Republicans put out this mailer, otherwise you wouldn't have anything to talk about right now. I mean, its only one week away from the election and what better issue to use as the centerpiece of your campaign than a mailer? I don't care about property taxes, dual office holding, rampant corruption, conflicts of interest, asset monetization, state debt, or George Norcross. I only care about this mailer. With this, the Democrats have hit on the only issue important to voters this campaign season: offensive literature. They finally reached me last week, when they sent out a mailer attacking the other mailer. I hope they send out another mailer talking about how spot on the mailer that referred to the mailer was.
kill the message
Perhaps Bodine was too quick and wrong to invoke John Kerry last week when his adopted party will undoubtedly need to invoke him next week after they lose. Remember how John Kerry claimed he didn't lose in 04 because the voters rejected him, he lost because of the swift boat ad? Seems the District 8 Democrats want a ready made excuse for losing next Tuesday and this mailer will be Burlington County's Swift Boat ad. Truly effective ads always anger the opposition and become the reason losers lose.
Republicans Running SCARED
First of all, the article needs correcting. Scott Rudder is NOT a lawyer, his wife (a DEMOCRAT) is. The same wife who used to (and may still) write index cards for him to read at township council meetings. Believe it or not, Medford's own is Charlie McCarthy, and his wife is Edgar Bergen (maybe the ventriloquist should be running, instead of the dummy).
Secondly, don't fool yourself, the Republicans are running SCARED; otherwise, that IDIOTIC mailer (which questions the intelligence of voters) wouldn't have been sent out. Face it, they have NO message, besides maintaining the status quo. The GOP is counting on voter stupidity to win this race.
And lastly, the so-called party boss who chose "The Gang Who Couldn't Shoot Straight" (Haines, Addiego & Rudder) is the SAME person who chose Martha Bark, and we all know how that turned out.
I don't know about you, but THIS Republican is voting for CHANGE!
A Republican for change?
So that means you'll be voting against Bodine since he's the only veteran legislator on the ballot, right? Because you do in fact want change, right? Adding more dems to Trenton will certainly get the state back on track, right? Thanks in advance for following your stated principle and voting against Fran Bodine. Additionally, you might want to update your pop culture references just in case someone under the age of 70 reads your postings.
Wait a minute, is that you, Franny?
Edit: What happened last Tuesday? Moron.
gopgal08
What does the mailing have to do with defending us against terrorism?
What does saying you support giving up our rights as Americans to a proper defense, the idea of innocent until proven guilty, have to do with defending us against terrorism?
There was a time when people thought that our freedoms were worth risking our lives for, were worth fighting for. But you would rather cower in a corner from the terrorists, giving up your freedoms and rights in your "defense."
As Benjamin Franklin said, "Those who will give up their freedoms for a little security have neither."
First of All
The constitution says NOTHING about giving illegal terrorists or illegals ANY of the rights we enjoy.
Secondly, it is despicable that someonoe running for a high office would be so stupid to think that the voters would not care about this issue that instead she and hubby run to their judge buddy to hide under his robe.You know that they would be screaming foul if Addiego or Haines was doing what they are.
Thirdly, most of us enjoy being able to live without the fear of being blown up, and our military bases safe from harm as well.
And Fourth, I do not feel sorry for people like Constitution4none. This is the kind of person who screams foul but they WOULD DEMAND everything their way if they found themselves and the end of a terrorits gun.
You cannot have it both ways; The GOP have a comprehensive and working homeland security in effect coupled with emergency procedures to keep residents safe. What does Ms Riley say>?>? Nothing, because how can you really talk about safety yet make some bucks protecting those who kill us?
AND, Judge Kugler is already taking heat because he was totally out of line to speak on a political issue, And this is a political issue that when all is said and done, he will have to answer for it.
You know who
Else is not a lawyer and a real loser in this campaign?
Sean Kennedy.
He tells people he has a law degree but never took the bar.
The reality is he never completed law school - that is why he never took the bar.
His sad and desperate attempts to hold onto power after being pushed out and then endorsing the most corrupt elected official in Burlington County has pushed this once promising young man to the brink of absolute failure.
He should shift course soon and reach out to old friends before it is too late.
lots of interesting substance
however, the supreme court has held that every person within the borders of this country has the right to legal representation. in fact, that decision came down in 2004 when bush was holding all of those people in cuba without any rights at all. this is not about terrorism, its about the foundation of this country.
it is quite amusing that people cannot admit when they are wrong.
by the way, the voters are not the ones who are continuing this topic, the papers, the press and the federal courts continue to talk about this topic. could it be because it is important?
you can't put this on terrorism, its about the constitution.
Why did she quit?
With all this self-righteousness, specifically the 8th Dems campaign's sudden defense of the 6th Amendment, I would love to know why Tracy Riley quit her husbands law firm after this issue was brought to light. Talk about defending the Constitution all you want, the fact is Tracy Riley would rather get elected than stand up against this so-called injustice. It's easy to say you don't agree with something, it's not easy to stand tall in a position that flies in the face of what you are saying is wrong.
Riley
Mr. Riley could have easily excused himself in this case. If he is as educated as is opined on this site, he should have known defending an accused terrorist would be political fodder.
No, Mr. Riley was about getting PAID. And this proves he would do anything to be PAID.
Does the terrorist deserve representation? Yes! But it didn't have to be Mr. Riley.
Sob. Sob. Boo-hoo. This is an election, and the deocrats have done far worse to Republicans.
Riley
Mr. Riley could have easily excused himself in this case. If he is as educated as is opined on this site, he should have known defending an accused terrorist would be political fodder.
No, Mr. Riley was about getting PAID. And this proves he would do anything to be PAID.
Does the terrorist deserve representation? Yes! But it didn't have to be Mr. Riley.
Sob. Sob. Boo-hoo. This is an election, and the deocrats have done far worse to Republicans.
Riley Is Scum
And so is the judge - how dare he use his pulpit to be political>? My hunch is that there is another little deal there from the Rileys.
Knowing what we know about the ever so ethical Ms Riley it would not surprise me.
Oh my!
You are calling a federal district judge scum! You are accusing him of having a back door deal with the Riley's?!! OH MY!!
You are one big idiot! Where is your proof on that one?
Keep talking buddy you are digging quite a hole for yourself, lol.
This is About The Constitution: Period
It seems that the followers of the Bush/Cheney line would like to shred the US Constitution and declare eternal martial law under a permanent dictatorship....all in the name of fighting terrorism of course.
What you folks don't realize is that you're being conned by a military industrial/petrochemical complex that is just after our tax dollars.
Just about everything Bush/Cheney have done since 9-11 has exacerbated the problem.
More people throughout the planet hate the US now than at any time in world history.
More people are willing to die just to take out a few of our soldiers than before 9-11.
The US is arming both sides of the civil war in Iraq.
Bush sent 12 billion dollars in CASH on pallets into the den of thieves that is Iraq and, guess what, 9 BILLION of it DISAPPEARED!!!
Bush's phony "war on terror" is a trillion dollar scam. Arguably the largest boondoggle in human history. With no end in sight...
And, Bin Laden, whatever rats nest he's hiding in must be laughing his brains out.
George Bush is doing more to destroy the American way of life and the US Constitution than a million Bin Ladens ever could.
Bin Laden LIKES the Bush/Cheney policies.
Why else do you think ole Bin Buddy comes out with threatening videos just before all the big elections?
We have here is a perverse confluence of interests between our own military industrial petrochemical complex and Fanatical terrorists who hate the USA.
Clearly Bin Laden wants to see us lose our freedoms and become a nation consisting of low waged service workers and a relatively few filthy rich "warlords".
We'll still have a minimal middle/tech class to repair the plumbing and handle some of the skilled manual labor (at least until they can outsource that to imported peons from even poorer nations).
Republicans may win this particular race; but you shouldn't be so proud of the tactics you're using.
Yes, you have a multibillion dollar media operation that feeds people a steady diet of fear laced with ersatz patriotism.....but sooner or later all the crap will hit the fan. You really can not fool all the people all the time.
Flushing democracy down the toilet for a few dollars of "profit" is tantamount to treason in my book.
http://www.youtube.com/watch?v=xr-VuxybIkU
http://www.youtube.com/watch?v=wdXWQzDu5lc
This is a Republican Congressman in 2002!!!
http://www.youtube.com/watch?v=-EywYDhPeY8
http://www.youtube.com/watch?v=ksmhALajy4c
http://www.youtube.com/watch?v=6fuNcWiboos
http://www.youtube.com/watch?v=l0ejNylVztk
Here's Greenspan trying to cover hs ass...
http://www.youtube.com/watch?v=B1s2To_ajLc
http://www.youtube.com/watch?v=y3jFE84fBOM
From Frederick Douglass