While the world looks to Greenland and Ukraine, the US government is dismantling democracy and the rule of law in its own country. An often overlooked aspect: the attack on freelance lawyers.
The latest scandal: On Thursday, lawyer Nekima Levy Armstrong was arrested at a protest, then published the White House a photo of her faked with AI. But it’s not just Armstrong who is affected: the free legal profession in the United States as a whole is in danger, warns a new report. It was published by a coalition of more than 50 legal organizations from all over the world. We are talking about massive intimidation against all those who represent government critics, migrants, LGBTIQ and environmental activists or pro-Palestinian demonstrators. More than 50 defense lawyers have recently been prosecuted.
“The government is denying clients access to justice and betraying our fundamental values,” criticizes the President of the US Bar Association, William R. Bay. The UN special rapporteur on the independence of judges and lawyers, Margaret Satterthwaite, is also alarmed: “Lawyers in the USA are currently exposed to a whole series of attacks,” she said Thursday.
For this reason, the USA was chosen as the focus country for “Day of the Threatened Lawyer” this year. This takes place every year on January 24th. It was created to commemorate the Atocha massacre, in which four human rights lawyers and a colleague were murdered in their office in Madrid in 1977. Find around this day rallies worldwide and other events take place.
The rule of law doesn’t defend itself. That’s what lawyers do.
William R. Bay, President of the U.S. Bar Association
In front of the US embassy in robes
There were already demonstrations in Berlin on Friday. “Lawyers at risk = democracy at risk,” read posters that participants held up into the icy air at Pariser Platz in front of the United States diplomatic mission building. Or “Trump, stop blackmailing lawyers!” Some symbolically wore their robes over their winter coats. “We actually wanted to hand over the 50-page report of the international coalition here at the US Embassy. But that is not allowed,” says one of the lawyers to the taz.
The report points to problems in the judiciary that existed in the USA before Donald Trump – such as racial inequality or the great discretion of prosecutors – but above all emphasizes the “new phenomena”: “executive orders”, public outings, dismissals, withdrawal of state contracts, raids or the denial of access to federal buildings that is necessary for legal work.
The law firms Perkins Coie LLP, WilmerHale and the Elias Law Group, for example, were affected by repression. The Paul Weiss law firm gave in and reached an agreement with the Trump administration to provide pro bono legal advice worth €40 million to the governmentto avoid their sanctions. The lawyer Rachel Cohen protested against this Kind of blackmail quit her job. The problem is: If even major law firms stop supporting Trump critics, who will take action against his machinations?
New rogue state: USA
Normally, “Day of the Threatened Lawyer” focuses on countries such as Belarus, Iran or Afghanistan, which many clearly see as rogue states. There was certainly criticism of the US choice, both from individuals in the industry who think things are worse in other countries, and from right-wingers who approve of the Trump administration’s policies.
However, the lawyers who demonstrated in front of the US Embassy in the bitter cold on Friday agree: Trump’s repressions are also dangerous because they as a blueprint for the extreme right worldwide can serve. “It could hit us next,” said a trainee, explaining her motivation for showing solidarity.
“The rule of law does not defend itself. That’s what lawyers do,” reminds William R. Bay – and promises that his bar association will “never give up” the fight for it.
The author is a taz editor and works for the Republican Lawyers’ Association.