Lawyers urged to ‘be brave’ on rule of law
Senator Michael McDowell has called on lawyers to resist the temptation to be “cowardly” in the face of assaults on justice and the rule of law across the globe.
“Now is not the time to simply hunker down and hope that others will lead the struggle to reassert the rule of law internationally,” he told the Law Society’s Centre for Justice and Law Reform Summer School at Blackhall Place (9 July).
Senator McDowell told the event that the US and Israel, which he described as “two belligerent states”, had now “utterly forfeited” respect for the rule of international law.
He cited US sanctions against judges at the International Criminal Court and a recent threat by the Israeli cabinet to disregard an order by Israel’s Supreme Court as examples of how far respect for the rule of law had been “degraded” in the two countries.
‘Lawyers should reflect’
Senator McDowell told the conference that the extent of “deliberate corruption” of the American system of justice was becoming increasingly apparent under what he called Donald Trump’s “malign regime”.
He added, however, that lawyers should reflect on the conditions that had given rise to the “degradation” of American democracy.
“It was, after all, lawyers who invoked the right of free speech as grounds for the unlimited use of private money to effect the outcome of elections.
“Funding restrictions in US electoral law were struck down as an infringement of the rights of the super-wealthy to establish political action committees (PACs),” the former attorney general stated.
Describing respect for international law is “like a city under siege”, he expressed hope that the war on Iran may prove the “high watermark” of Trump’s capacity to “bully, coerce and wage tariff war”, while approaching US mid-term elections may deprive him of control of the House of Representatives.
US judiciary ‘weaponised’
Senator McDowell warned, however, that US Supreme Court judges could not be relied on “to stand for what is right”.
“Trump has weaponised the American judiciary to an extent not seen since the struggle between Roosevelt and the pre-war judicial conservatives.
“Perhaps most disappointing of all is the capitulation of American lawyers to Trump’s destruction of national and international rule of law.
“Retribution against lawyers who acted against Trump’s interest’s during Joe Biden’s presidency seems to have cowed and subdued far too much of the American legal establishment,” he stated.
He concluded his keynote address by calling on lawyers to be “vocal, consistent, clear-minded, and brave”, describing this as “the moral imperative of the moment”.