First Thing We Do, Let’s Kill All The Lawyers

The famous quote “The first thing we do, let’s kill all the lawyers,” is from Shakespeare’s play, Henry VI, Part II. While not meant literally in the context of a rebellion, it alludes to getting rid of the legal system and established order of society.

Like us or not, we lawyers, judges, and other folks who comprise the legal system in this country, are responsible for order, predictability, protection of rights, and the functioning of our society.

So why are lawyers under attack lately?

Trump Versus the Legal System

Whatever your thoughts about President Trump, there is no doubt his entire M.O. is to upset the established order of things. He attacks judges personally, as well as the decisions they hand down. He does this intentionally, knowing that it riles up his base and is a direct threat to the established system of how our government works. Creating this unrest is not accidental; it’s purposeful.

Then, there is the case of the Milwaukee area judge who was arrested and charged with several felonies by federal prosecutors. Yes, you have that correct. A judge was arrested allegedly for helping someone appearing before her to avoid arrest. She was made aware by her clerk that ICE agents were outside waiting to arrest this person, and she allowed him and his attorney to leave the courtroom through a side door to avoid arrest. He’d appeared before her on a misdemeanor charge and was living in the country without legal status. Her position was to demand that the ICE agents present a judicial warrant if they wanted to enter her courtroom.

Quibble all you will about immigration status, ICE responsibility and access to courtrooms, and all that.

But when judges are arrested, threatened with arrest, or otherwise made an example of, this places an ice cold chill on the entire system. It puts fear in judges. It scares lawyers. And it makes it much less likely those people with misdemeanors and no legal status in the country will participate voluntarily in the judicial process.

I will not even touch the multiple statements this administration has made against judges, the times government lawyers have been suspended or removed from cases for speaking uncomfortable truths in court (as “officers of the court,” we lawyers are required to speak the truth to the tribunal!).

That is just a terrible precedent. That is a dangerous and slippery slope towards totalitarianism. You cannot arrest judges in their courtrooms and make examples out of them to scare the heck out of everyone.

Totalitarianism 101

If you are looking for instances of history where lawyers were attacked, judges arrested, or other types of chilling behavior were targeted at members of the legal community, look no further than every totalitarian state.

Always target the legal system, the lawyers, the judges. Every single time this happens, look up what happens to that society. Hint, it is not good for fairness, protection of individual rights, or the rule of law.

This is a line crossed that cannot be tolerated. By anyone. Ever.

If you claim to be a patriotic American, you have no choice but to stand up to this. Attacks on our system of laws are never a good thing, and can never be tolerated in a civilized society ruled by laws.

When they start coming for judges, lawyers, and others in the judicial system, that is a bridge too far. Discrediting the people and system whose job it is to protect people’s rights means that no one’s rights are safe.

This all reminds me of a famous poem by a German theologian, Martin Niemoller. I will leave you with it in its entirety.

"First they came for the Socialists, and I did not speak out—Because I was not a Socialist. Then they came for the Trade Unionists, and I did not speak out—Because I was not a Trade Unionist. Then they came for the Jews, and I did not speak out—Because I was not a Jew. Then they came for me—and there was no one left to speak for me."

Takeaways

• Attacks on the judicial system and its independence threaten our entire society and everyone in it
• No good argument can be made for allowing this to happen

• Failure to stop this chilling effect leads to no justice available for anyone