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Hillary's 12-year-old rape victim (& MSM's selective spotlight)

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The Politico mentioned this in an article:

 The Obama side is frustrated with the news media for not carrying more
of its argument. His operatives thought a Newsday story looking
exhaustively at her legal career — including the revelation that as a
young lawyer she attacked the credibility of a 12-year-old rape victim
— would provoke a herd of other coverage. It did not happen.


From the Newsday article:

However, that account leaves out a significant aspect of her defense strategy - attempting
to impugn the credibility of the victim, according to a Newsday
examination of court and investigative files and interviews with
witnesses, law enforcement officials and the victim.

Rodham, records show, questioned the sixth grader's honesty and claimed she had made false accusations in the past. She implied that the girl often fantasized and sought out "older men" like Taylor, according to a July 1975 affidavit signed "Hillary D. Rodham" in compact cursive.

If you're interested, there's more commentary at Daily Kos.

Imagine if lawyer Obama had destroyed a child rape victim's life like this. But since it is supposedly feminist Hillary who participated in the proverbially "second rape" in the courtroom, we hear crickets. Is this what she meant by "working with children"?

This is quite disturbing, and the media's covering it up or ignoring it is quite remarkable. This, the same crew that breathlessly covers what the candidates are eating and wearing. Surely, a story about Hillary badgering a child rape victim would sell papers, no? Why no TV interviews with the victim? Why no followup? Why no peppering of Hillary as she boards her bus?
 

Comments (64)

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Why no followup? Why no peppering? All this does it cause our party to fall apart. We are doing this to ourselves. There is no point in trying to change the message of the MSM. They have too much information and way too many means of getting their bias out there. First, they wanted us to vote for Edward's, then Hillary, then Richard's, now Obama. Now they are destroying Obama. Next they will destroy Hillary or we will do it ourselves. There is no point of even voting in Florida or Michigan since we have destroyed are party in those states. Now, if Hillary is nominated the Black vote will leave the Democrat party. If Obama is nominated the Racist Whites will leave the party. This whole mess has just soured our fight and we can no longer win.

Stop trying to tear Mrs. Clinton down. This is a trap. it has always been a trap.

Stop.

Obama supporters do not want all of her trash aired over and over on cable news. Yeah we are mad right now because of the current BS, but what we really want is an honest campaign on both sides. We know we win that one. And if we don't get it, then we go to the electorate with the question: "do you more of this garbage or do you want change. Do you want politics as usual or the truth?"

If you do not believe in the the power of the truth, then go with the folks who could care less about whether something is true as long as it "works".

Why are you criticizing Hillary's testicular fortitude. You're a pansy aren't you.

Pansy? From a Clinton Supporter?

But I thought Hillary loved the gays. (NOT)

That is what she always tells us. In front of gay crowds, anyway. Not in front of those blue collar fellas she is so in tune with. (her inner redneck -LOL)
Not like Obama who talks about gays in front of any crowd,in a positive way.

News Flash, Folks - we are never going to get those voters until they learn how to think for themselves and not let Rush do their thinking for them, til they get over their racism, so forget them. We can win with those workers who are awake and conscious beings, supplemented by Indies and Reps who are tired of the war. And that will be our winning coalition! NOT pandering to racists, anti gay, anti women types.

The person you're replying to is a parody troll. Relax.

Will anyone confront Hillary with this? No.

I am just listening to MSNBC, and they are saying that "When blue collar workers think of Obama, they think Reverent Wright." I am so disgusted!

They are saying that Hillary will definitely carry Indianna and may JUST pull out North Carolina. Based on what? Maybe I should go to bed.

No one should be believing the MSM lies. They just try to manipulate us constantly. No truth to it necessarily.


The corporate power brokers have pulled out all the stops to derail the Obama runaway train as it approaches the finish line.

It seems like there's a whole lot of fear brewing about Change.

Obama warns us of that, doesn't he. That change won't come easy. That the status quo will fight change.

It's because for the first time in decades, they will be held accountable to the American people.

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What about Obama's get rid of partisanship/everybody get together campaign makes you think that people will pay for anything?

I meant that with an engaged citizenry and a transparent government, people will hold their elected officials accountable for their legislation.

I've said before it should only matter what a candidates policies are; it shouldn't matter whether a candidate is a pedophile, a murderer, a rapist. We're getting closer to testing my theory.

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Voice of dissent here. It's not a lawyer's job to fight for truth and uphold morals. It's to fight for his or her client as vigorously as possible, using any means possible.

For example, if a defense lawyer knows his client is guilty, he is still supposed to defend his client just as vigorously as if he were completely innocence. If you have a problem with this, your problem isn't with Clinton, it's with lawyers with general. This is what they're *supposed* to do.

Point two: it's not the media's job to generate new *character* attacks on candidates. They only get involved in these issues when an opponent or third-party group makes this an issue, something Obama doesn't want to lower himself to do.

Point three: This is one reason why I support Obama.

Point four: This is exactly the type of unfair but brutally effective attack that Republicans will have NO qualms running in the general election. It is why Clinton's claims that she is vetted or is the stronger candidate is ridiculous.

To summarize, I think you guys are way off-base criticizing Clinton here. The only fair point to make is that she has a big load of baggage and isn't as electable as she seems.

this is exactly the type of story that Obama

But "defending vigorously" does not include making stuff up, even if you are a sleezy lawyer. I think that if Hillary, who wrote "It Takes a Village," defines herself as a tireless defender of children, it is reasonable to challenge her behavior with this 12 year-old defendant. The girl never went to court, and didn't know about the accusations of her "coming on to older men," until recently.

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"It's to fight for his or her client as vigorously as possible, using any means possible"

Not lying under oath. NOt falsifying affidavits. That's criminal.


"Point two: it's not the media's job to generate new *character* attacks on candidates. They only get involved in these issues when an opponent or third-party group makes this an issue, something Obama doesn't want to lower himself to do."

You are wrong here. ABC News had someone sit down and go through hours of sermons to splice together the most controversial bits and mash it up into a hitpiece.

And the media's job is not to act as stenographers for campaign talking points. This is real news, and their job is certainly not to bury facts to help a candidate duck an issue.

The guy who handled most of the case is dead, the paperwork was all destroyed in a flood, and the case was 33 years ago. I just can't imagine why the MSM won't jump on this story. Must be a coverup.

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Her allegations that the 12-year-old fantasized about older men (the old "rape victim asked for it" routine) and the apparent fabrication about 'previous false reports' are indeed serious and disturbing allegations. They deserve to be followed up on. And the standard of criminal trials may not be there (witnesses dead, evidence destroyed) but in the case of a potential president, we should have a stricter standard of behavior. Impugning a child rape victim and illegal aiding a pedophile/rapist are serious charges.

Are you telling me that all the trivia the MSM bloviates about is more important than Hillary having destroyed the life of a child rape victim?

They can't even bother to ask Hillary? I thought we needed to be "vet" our candidates? No interviews on camera with the victim? No interviews with people in the town?

Wow. This is total negligence on the part of the media, the same crew that led us into a bloody quagmire in Iraq by not asking tough questions. 4000 dead later, I guess they never learn.


From the comments at Kos:
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an attorney can't lie, and there is no evidence that she did

She filed an affidavit that states that "I am told that . . ." in order to pursue an investigation into the facts. Are you saying she wasn't told that? On what basis?

Plus, she obviously didn't cross examine the girl with these allegations because the girl didn't even know about it.

If you're going to accuse someone of lying, have the goods.

by chick ghandil on Sun Feb 24, 2008 at 03:28:03 PM PDT

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I don't know much about evidentiary rules, but if the girl's credibility had been at issue, she [the girl] and her lawyer would have known about it at the time.

Additionally, a lawyer isn't allowed to act as a witness in his/her litigation [unless they are representing themselvs pro se]. Essentially, the diarist is saying that HRC served as a witness for her defendant.

And there is no way the affadavit could have been entered in as evidence to demonstrate that the girl's credibility was questionable. The affadavit is just conjecture and hearsay.

by dfarrah on Sun Feb 24, 2008 at 03:48:13 PM PDT

================================================

slow down and read the story

Lawyers submit affidavits all the time in pretrial proceedings.

She was requesting the right to have the girl examined in order to assess what facts she could present as a defense.

This was discovery. She didn't submit these facts at a public trial. The girl never heard of it.

by chick ghandil on Sun Feb 24, 2008 at 03:50:54 PM PDT

She filed an affidavit that states that "I am told that . . ." in order to pursue an investigation into the facts. Are you saying she wasn't told that? On what basis?

Gee, that is the same defense Dubya used for lying during the State of the Union: The British have told us that Saddam is getting yellow-cake to made NUKULAR weapons. The fact that our own security services disputed this was unimportant, because he could claim HE WAS TOLD.

If that is the standard Hillary uses for her life and her statements, no thanks. Been there had enough of that!

As the mother of teenagers, I can tell you that when someone tells you something as fact "because they heard it from someone," it means they are lying and they know it. Most teenagers eventually grow up to be decent people. Some don't, and they keep on lying.

This was during pre-trial discovery, not a trial and not a State of the Union speech. Take deep breaths, folks.

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About questioning the victim. I thought the identities of victims of sex crimes, especially minors, were kept anonymous? Wouldn't the victim have to present herself if she wants to be questioned?

Come on! A thirty-three year old case? I can't stand the sight of that phony bitch's pasted on smile and constant hand-clapping, but even a dumb, beer drinking, gun-toting, blue-collar, non-college guy like me knows nobody is surprised by anything that hilLIARy is capable of. That is the real reason nobody bothers to report this stuff, because we all know nobody can stoop lower to achieve a goal than the Clintons.

A two word answer:

Kathleen Wiley

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"Wouldn't the victim have to present herself if she wants to be questioned?"

Newsday tracked her down. I presume they could use a shadow and vocie scrambler.

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I'm an indigent criminal defense lawyer in the Deep South. The work isn't easy, and having thinking people attack Hillary for doing it
doesn't make it any easier. Newsflash: the Sixth Amendment is still part of the Bill of Rights, and it still guarantees people -- no matter what they are accused of -- the right to an effective attorney. Whether you like it or not, legal ethics permits an attorney to put something in an affidavit if she has a good faith basis for believing it is true. We have no idea what the source was of Hillary's claim that this girl had credibility problems, so for now I'm giving her the benefit of the doubt.

I understand why people think it's appalling to attack the credibility of a possible twelve-year-old rape victim, but they need to ask themselves: if they or a loved one was wrongly accused of rape by a girl who lied, would they want a lawyer who could expose that or not?

I can't support Hillary because of the distance she has traveled since this case. In the time since, she has abandoned her principled opposition to the death penalty for obviously political reasons, stood by a husband who grandstanded on the execution of a man so mentally limited that he saved the dessert from his last meal for later, stood by again when her husband gutted the constitutional rights of poor people convicted of crimes by signing the Anti-Terrorism and Effective Death Penalty Act, and, most recently, opposed the retroactive implementation of laws that finally corrected the racist disparities present in crack v. powder cocaine sentencing under federal law.

But if the Hillary who represented this man was running today, I'd be a lot more inclined to support her. That Hillary was doing brave,
unpopular work without concern for the personal fallout because it is what her professional ethical obligations and the Constitution
required of her. I wish she was still around.


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"But if the Hillary who represented this man was running today, I'd be a lot more inclined to support her. That Hillary was doing brave,
unpopular work without concern for the personal fallout because it is what her professional ethical obligations and the Constitution
required of her. "

First off, she crossed the line from advocacy to cheating and lying with the false allegations and smears.

And actually, Hillary was doing this apparently to get some funding for the law office.

So as usual, she's willing to crack a few eggs to make an omelette. It's her MO.

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"First off, she crossed the line from advocacy to cheating and lying with the false allegations and smears."

I haven't seen information to support this. Is there something specific you're referring to?

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Is this part of Obama's efforts to raise the level of the political debate?

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If you can't stand the heat, get out of the kitchen. I thought you Hillaristas were all tough guys. Now your whining on us.

You wanted vetting, so let's vet!

"I haven't seen information to support this. Is there something specific you're referring to?"

Here you go: "Rodham, records show, questioned the sixth grader's honesty and claimed she had made false accusations in the past. She implied that the girl often fantasized and sought out "older men" like Taylor, according to a July 1975 affidavit signed "Hillary D. Rodham" in compact cursive."

Girl accused of lying 33 years later says she didn't lie. Well that's conclusive.

And for what it's worth, she was in prison when Newsday caught up with her.

Drop this.

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I'm not a "Hillarista." I voted for Barack Obama in my state's primary. I am using two of my 10 precious vacation days to travel to North Carolina tonight to volunteer for him through Tuesday. I have given more money to his campaign than I've given to any other campaign (in fact, all other campaigns combined) in my life. Despite being a dyed--in-the-wool Democrat, I am not sure I'll have the stomach to vote for Hillary in November if she manages to steal this nomination from him.

With that out of the way, Clinton wrote in her affidavit: "I have been informed that the complainant is emotionally unstable with a tendency to seek out older men and to engage in fantasizing. I have also been informed that she has in the past made false accusations about persons, claiming they had attacked her body." Until someone shows me any evidence that she knew at the time that this wasn't true (and, by the way, the fact that the victim said something different doesn't suffice) or that she had no basis for making these assertions, I will continue to believe that she was acting within the letter and spirit of her ethical obligation to provide a zealous defense to a man who had been charged with a very serious crime.

I'm just not willing to add this case to my already over-long list of reasons not to vote for Hillary Clinton. I'm glad that Barack Obama's campaign hasn't seen fit to pounce on this either -- in my view, that's one more reason to support him.

I don't really have to imagine - they did it to John Edwards for far less.

But the thing is, Hillary was doing her job when she did that. I'm sorry it seems so morally reprehensible, but the whole of a lawyer's job and ethical responsibility is to winning for the client. That's what you are paid to do.

I represented on appeal a guy who with another guy, raped a woman in a Catholic church after hours in the prayer chapel where she had gone to pray about her marriage. They were also charged with burglary for stealing her wedding ring.

He was one of my nicer guys.

Give this one up guys.

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"But the thing is, Hillary was doing her job when she did that. I'm sorry it seems so morally reprehensible, but the whole of a lawyer's job and ethical responsibility is to winning for the client. That's what you are paid to do."

She could have quit her job and joined a law office defending, say, civil rights. IF she chose to not only defend the pedophile rapist, but then lie to help him win, maybe that's part of the job of being a child-rapist-enabler. But why should we eelct that sort of person to the highest office?

And even more important, WHY NOT JUST ASK HER ABOUT IT?

What's the big deal about just asking the question, and just checking he facts?

Defending indigent criminal clients is also protecting all of our constitutional rights. I'm with Tena and Rebecca C on this one.

I'm late to this discussion, but I'm with RebeccaC, Tena, DancingBear etc. Criminal defence law is not morally reprehensible. It requires defending people of crimes -- often, heinous crimes -- that they have been accused of. In our legal system, the accused is presumed innocent until the prosecution proves him or her guilty, beyond a reasonable doubt, in a fair trial. One of the elements of a fair trial is a vigorous defence. If the accused is convicted after a trial in which s/he doesn't get a vigorous defence -- that is, a denfence in which his/her lawyer fails to call all the evidence and make every argument that is ethically and legally allowed -- then how the hell are we supposed to know that the convicted person was guilty in the first place?

The guilt or innocence of the accused is for the jury, not the defence lawyer, to determine.

Now, I would agree that the accusations about the girl fit uncomfortably well with stereotypes about women and girls who can't tell fact from fantasy, or who maliciously make up stories to falsely accuse innocent men of rape. But first of all, false rape accusations have occurred (albeit much more rarely than criminal defence lawyers allege). If there's evidence that an allegation is fabricated, it's legitimate to point to evidence that points in that direction. Secondly, in 1975, unlike today, the degrading and sexist overtones of the allegations in that affidavit were not widely recognized as reflecting invidious stereotypes. Even today, if a criminal defence lawyer wasn't willing to introduce such arguments (despite my distate for them and my work to expose and displace such sexist stereotypes), I'd say her client should look for better representation.

I am disgusted with how Clinton has run her campaign. But I don't see anything here that Obama should use to criticize her. On the other hand, it's legitimate to expect that McCain (that great defender of women's dignity and equality) might use those facts against her, which goes to the "electability" issue she claims is so important. Neither candidate is going to cruise to a victory in the GE without unforeseen and vicious attacks by the Republicans.

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"I have been informed that the complainant is emotionally unstable with a tendency to seek out older men and to engage in fantasizing."

Informed by who? This is hearsay, and character assassination. In the interest of justice (remember that?) I think Hillary needs to account for her actions here. (accountability, another thing you might have forgotten).

This isn't about talking points for the Obama campaign. This is about Hillary re-victimizing a child rape victim. It's disgusting, and the media's covering it up is ever more repulsive.

I want one thing: Accountability. I want her to explain her actions and defend her apparent misconduct. I want some fact checking by reporters. Is that too much to ask in a purported democracy? Someone is running for the highest office in the land, don't we have the right to ask tough questions?

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Hearsay is allowed in an affidavit.

Maybe we just have different perspectives on what the "interests of justice" are. I think it's in the interest of justice to have lawyers make sure that innocent men don't go to prison no matter how heinous the charges against them are. All she was asking for in that affidavit was that a psychiatrist talk to the girl. Who knows, the doctor might have come back and entirely supported the girl's story. But she might have come back and said that, tragically, this was a very troubled young child who had made a false accusation with the potential to ruin a man's life.

Nothing you have cited is misconduct. It's just not. Ask any expert on legal ethics, and you're going to hear the same thing.

Again, maybe the difference is just that I think it's okay to zealously represent people charged with crimes, even bad ones. It made me angry when Republicans attacked Tim Kaine in Virginia for representing capital defendants. It made me angry when Republicans did it again to Deval Patrick in Massachusetts. I'm glad that Obama's not appropriating their tactics.

to winning? Really, Tena?

to win.

observer2 - What misconduct?

this was a trial - character assassination is the name of the fucking game.

You always need to assassinate someone's character in a trial.

Get over this one, please. I am almost never against something like this and I think the video that has been discredited is actually a true video, I have almost maxxed out my donations to Obama

BUT GIVE THIS UP. She was doing the right thing for the position she was in at the time. I'm sorry. It isn't pretty all the time and some lawyers are real shits and obviously, she was one of those and I don't like those tactics but they are not a violation of ethics, dude, or ms. dude.

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"You always need to assassinate someone's character in a trial."

If Hillary wants to defend this, let her defend it.

"The 12 year old wanted to be raped, she had fantasies that I Hillary could read with my mindreading abilities".

If it is so defensible, let her defend it!! But why on earth are you against asking the question and checking the facts?????

Hope someday you don't need that kind of help in a courtroom, asshole.

You'll be screaming for it.

Forget this shit - no use talking about it

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Couldn't answer my question I see. Bye asshole.

"Why on earth are you against asking the question and checking the facts?????"

Because like our favored candidate Obama, we're not in favor of the same ol' sleazeball attacks. Hillary shouldn't have to defend this, and Obama shouldn't have to defend doing a few hours or work as a junior associate for a client that was doing a venture with Rezko.

You've been given the facts. It's over, done.

Because you aren't listening to me.

Those aren't facts. Those are trial tactics.


Facts ain't in it - sometimes you have to go with all you got.

Now just please let it lie - or else go ahead and keep insisting on something that isn't really real.

And how many cases have you tried? What do you know about the rules of evidence? What kind of an objection would you have made to that line of defense? Yo? Smartass?

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Get lost, asshole.

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Some comments from the blogs:

However, I was troubled by this aspect of Clinton’s life. While she was initially troubled by being appointed to defend a child rapist, Clinton nonetheless attacked the assignment with gusto. Years later, she doesn’t acknowledge the moral ambiguity of getting an accused child rapist off the hook.

In her autobiography, Clinton doesn’t admit to using her expertise in children’s rights to attack the 12-year-old victim’s credibility. She hasn’t addressed the effect this case had on the victim, who attempted suicide a year after the incident. How can a self-described children’s rights advocate be so blase in regards to her role in this case?

http://www.reappropriate.com/?p=1084

This also reminds me of how Hillary attacked the credibility of Bill's many victims of sexual harassment (he's even accused of rape). Hillary led the efforts to smear these women victims. Before Monica's blue dress was discovered, the Clintons had already prepared to claim that Monica was a young woman with fantasies. Sound familiar?

For people claiming that her smearing of the 12 year old rape victim was business as usual for lawyers, what's your excuse for her smearing of women who Bill victimized? I see a pattern here of smearing and destroying people to get ahead, with no ethics and no remorse. Truly, truly disturbing.

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Fine, you want to attack her for the way she went after Bill's mistresses, then attack her for that. Personally, I think that's more likely to generate sympathy for Hillary then criticism, but whatever. There's no reason to bring this 12 year old into it. Hillary Clinton took on an unpopular client and zealously defended him. That is exactly what lawyers are supposed to do, and everyone in our criminal defense system deserves to be defended by such a lawyer. It's a part of the process, and the criminal defense lawyers who take that role are doing something noble. This attack is pretty similar to the smear against Deval Patrick during the 2006 Mass election. It wasn't appropriate then and it isn't appropriate now.

I'm no fan of Hillary Clinton, but I do believe in the work of criminal defense attorneys and this is an illegitimate attack on the profession. If the best defense of her client was to raise questions about the victim and witness, it would have been unethical for Hillary to refuse to do that.

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You claim there's no biggie in claiming a rape victim wanted it. Is this the legal profession circa 1920? I thought the old "rape victim is a whore" gambit is out of fashion, no? Especailly among Hillary's second wave feminist set.

Also the connection to her swiftboating of Bill's sexual assault victims is interesting. Her smearing of Monica was very similar to her smearing of the 12 year old. A coincidence?

If the best defense of her client was to raise questions about the victim and witness, it would have been unethical for Hillary to refuse to do that.
Satya is absolutely right.

You claim there's no biggie in claiming a rape victim wanted it. Is this the legal profession circa 1920?
It's the legal profession circa 1975, a time well before the feminist movement made inroads into the public consciousness on this issue (a lot of rape reform legislation was passed in the mid/late 1980s in response). At the time, most people didn't think there was anything wrong with a criminal defence lawyer raising such questions.

Even circa 2008, though, consent is a defence to sexual assault. As it should be. (OK, it isn't, and wasn't then, a defence to sexual assault of a 12-y.o., as far as I know.) And "It didn't happen at all" is also a defence, as it should be. It's perfectly appropriate for observers, and the prosecution, to point out that arguments like the ones Clinton raised then are harmful and degrading to women and girls who have been, or might be, abused. But in the adversarial justice system we have, that is not the defence lawyer's job.

If you're squeamish about what defence lawyers do, don't become one. But if you are or anyone you love is ever accused of a sexually assaulting a child, you'll damn sure want your lawyer to make every argument and introduce every piece of evidence that might raise a reasonable doubt about your guilt. If your lawyer fails to do that, you or your loved one might be wrongly convicted.

Hmm, given that the alleged victim was 12 years old, I have to assume (not having read the affidavit) that these allegations went either to an allegation that the assault was fabricated, or to attack her "character". During the 1970s, it was perfectly permissible for defence lawyers in rape cases to impugn a woman's chastity ("character") because it was considered reasonable to infer that an unchaste woman or girl might have lied about rape (or to have consented to the sex she claims was assaultive).

In many states, legislation now limits questioning about an alleged victim's sexual history with other men, because of the concerns about the sexism that underlies that inference. That's a very welcome change, in my view. But in 1975, most people didn't even realize there was anything wrong with bringing "character" evidence to impugn a woman's or girl's credibility. Certainly, there was nothing legally wrong with bringing such evidence and inviting such inferences. On the contrary, as Satya says, if such evidence existed, it was the defence lawyer's duty to introduce it.

exactly - like I said - the lawyer's first ethical duty is to her client and winning the client's case.

That is the prime directive for lawyers, people.

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"It's the legal profession circa 1975, a time well before the feminist movement made inroads into the public consciousness on this issue (a lot of rape reform legislation was passed in the mid/late 1980s in response). At the time, most people didn't think there was anything wrong with a criminal defence lawyer raising such questions."

So, if we were talking about Jim Crow era all-white juries convicting a black defendent, you'd say it was perfectly fine according to the standards of the day, as if those standards shouldn't be questioned?

Also, doesn't this raise the question of hypocrisy among supposed woman's rights champion Hillary?

Shouldn't she be asked if she regrets the tactic in the light of legal reforms?

Furthermore, Hillary repeated the smear tactics of women sexually abused by Bill. She impugned those women's character as well.

I think this casts doubt on her being a champion of women and children, as she claims. Shouldn't claims be fact checked? Maybe she is proud of defending a rapist. If so, she can defend herself, no?

I think you are also blurring the line. The allegation, which has not been fully investigated -- and why not investigate? why be on the side of covering up? -- is that she falsified evidence by claiming previous false accusations, which no one in the small town recalls.

Is lying and cheating part of ethical legal practice? Also, if she acted honorably, why can't she account for it.

I think you are trying to defend the indefensible: That facts don't matter, that questions shouldn't be asked, and political leaders don't need to be accountable for their actions.

Worse, there's the strong possibility a child was raped and illegal tactics were used to get a light sentence.

Humor me a bit: Hypothetically, if the child was raped, and Hillary lied to free the rapist, do you think we should just forget about it? A woman's life was destroyed. Yes or no, do you think it's not important to pursue unethical conduct that aids child rape?

If she lied, meaning if she offered evidence that she knew to be untrue, that would be professional misconduct. However, it is not the defence counsel's job to proffer evidence that inculpates their client. Likewise, it is not her job to withhold any evidence that would tend to make her client look less guilty, unless it is legally inadmissible, or she knows it to be false.

It is also not the defence lawyer's job to investigate, before trial, whether the client is "guilty" or not. In virtually all cases, including this one, it is highly unlikely that the lawyer has any personal knowledge of whether or not the offence occurred as alleged. Clients generally don't confess to their defence counsel, and defence counsel always strive to make sure this doesn't happen (because if the client confesses to his lawyer, that ties the lawyer's hands in terms of defence strategies she's allowed to use).

The lawyer's client may be entitled to be acquitted for any of the following reasons (or others I can't think of right now): he is factually innocent (he didn't do it, or nothing that happened was unlawful); a legal defence or justification is available for his conduct; or, even if he really did it, the prosecutor has failed to adduce admissible evidence that proves, beyond a reasonable doubt, that the client did it. It is the defence lawyer's job to offer all admissible evidence and lines of defence that might lead to an acquittal. The defence lawyer cannot knowingly lie, nor lead evidence she knows to be false. I don't see anything here that suggests Clinton did any of those things.

As for the race comparison, of course lawyers, acting consciously or unconsciously, often deployed (and continue to deploy) racialized stereotypes to try to achieve their clients' ends. This is not particularly noble, and litigators who care deeply about racial justice will tend to choose a practice that minimizes the necessity that they do this kind of thing. Racial justice and gender justice are very important. But, in an adversarial justice system in which the liberty and even the life of the accused may hang in the balance, it is not immoral or unprofessional to do everything permissible to bring forward evidence that tends to exculpate the accused.

Defence lawyers' only duty (beyond the rules of professional conduct) is to their client -- not to the general public, or to victims' rights, or to gender equality. Their duty is to give the client, who is at a tremendous disadvantage compared to the comparatively immense resources of the prosecution, the most effective representation. Many feminist lawyers, including me, have advocated law reforms that would minimize the gender and racial bias of the criminal justice system. That does not mean that defence lawyers should not do everything possible to defend their clients within the rules that apply.

In 1975, the rules of rape trials were deeply biased against women. Even today, the effective defence of a man accused of sexual assault often requires the defence lawyer to invite inferences that you may find distasteful (as I do). That doesn't mean that men accused of rape don't deserve a vigorous defence, and it doesn't mean that the lawyers who defend them are evil or immoral. The presumption of innocence isn't -- and shouldn't be -- suspended when a man is accused of a heinous sex crime. (Unfortunately, police, judges and juries often act as though it was. See, for example, the wrongful convictions for the rape and beating of the Central Park jogger.) The fact that a man is accused of a heinous crime does not prove his guilt. It is the job of the police, not the defence lawyer, to investigate whether he did it or not. It is the job of the prosecution to bring out the whole story. In an adversarial legal system, his lawyer isn't doing anything wrong when she deploys sexist arguments that she thinks will help her client get acquitted, or get a lighter sentence.

If you try to pillory Clinton on this, most lawyers, including Obama-supporting lawyers (like me, RebeccaC, Satya and others on this thread, as well as knowledgeable non-lawyers like Tena) will come to her defence. As RebeccaC says, the practice of criminal defence is not evil. It is not immoral. Criminal defence lawyers represent the poor poor and disenfranchised against the immense power of the state, and help to ensure that these unpopular men (and women) get fair trials. This is a noble calling.

Pillory her on the "obliterate Iran" foolishness, or her gas-tax pandering, or for her race-baiting campaign. Not for a case she defended in 1975.

What law school did you go to?

How many cases have you tried?

What do you know about the rules of evidence?


What objection would you have raised at trial when Clinton started into this line of questioning?

Was the case overturned on appeal because of what she did?

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Oh, asshole is back. I thought you were finished.

Yeah, that's what I thought.

There are lots of things I would like the mainstream media to investigate. A thirty three-year-old case of advocacy is not among them. I want the media to be a source of unbiased facts. I do not want them demeaning an attorney for doing her job, however unsavory that may appear to us, in retrospect. I don't know the particulars of this case, and frankly I'm not interested in them at the moment. A defendant is not a rapist until he's convicted. Adolescent girls do lie. This is all beside the point. I believe that Barack Obama is the best person of this current trio to lead our damaged nation back to its leadership position in the world. Our selection process should not require us to damage other worthy contenders in the completion of the task. I want Hillary Clinton to be the Senate majority leader for the next 15 years. She cannot be as effective if we excoriate her during the election. Also, if we get stuck with her for a candidate I want to make it easier for me to campaign for her. Personal preferences aside, our nation cannot survive to more young corporate shills on the Supreme Court.

"Our nation cannot survive more young corporate shills on the Supreme Court."-sorry for the typo

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The only news org that has covered this is newsday. People are discussing this based on very thin reporting they've done. I think we need all the facts and we need Hillary to talk about her actions. She discussed this case, btw, in her book, Living History on pages 72-73, but glossed over the controversial nature.

Anyone who believes in facts and justice would like to see full facts emerge. If Hillary did nothing wrong, what's the harm???

And re:Mishkin's comment: No, I absolutely do not want to see Hillary as senate majority leader. Are you nuts?

Fine - let her talk about it -

[rolls eyes]

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Scofflaw, you made several very good points and I think the thrust of what you are saying is right.

Here's where I differ. You admit this:

If she lied, meaning if she offered evidence that she knew to be untrue, that would be professional misconduct.

That's my point. If she deliberately lied, it would be misconduct. We have very thin reporting on this, and there are allegations that she did lie. Wouldn't it be in her interest to clear her name? If she's telling the truth, what's the harm in asking?

In principle, I think openness, fact-checking, investigation, is not an attack. If she is honest and honorable, she has nothing to fear. It's hard for me to see any argument against further research being legit. We don't accept that when the government tries to cover up something and says "nothing to see here, move along". But we pursue it. Often there is nothing. But accountability and openness is important. At least, I think so. And I haven't heard a good argument against this.


Pillory her on the "obliterate Iran" foolishness, or her gas-tax pandering, or for her race-baiting campaign. Not for a case she defended in 1975.

But checking facts is not pillorying her. If she backs up her actions here and the details show that your view, that she was merely aggressively advocating for her client within the bounds of the law holds up, then all this chatter on the blogs about her railroading a 12 year old rape victim will vanish.

Finally, politics aside, I am offended by what appears to have been a great injustice against this poor woman. As you admit, in 1975, rape victims were often re-victimized by the justice system. Hillary, as a self-proclaimed advocate for women and children, should have been better than to merely play along with a biased, abusive system, even if it may have been common.

Maybe justice can never be gained, but I do believe that if Hillary railroaded this rape victim, she should be confronted with it. The woman's life was ruined, meanwhile Hillary used her as a stepping stone to climb up to great wealth and power. The whole situation makes me sick.

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