Should ABA speak out on Trump controversies? ABA president disagrees with 'timidity' criticism
ABA President Linda Klein. ABA Journal file photo by Tony Avelar.
The ABA is “a leading bulwark for the rule of law” that has not shied away from its support for that concept through the deliberative process of the ABA House of Delegates and in statements that can “constructively help,” according to ABA President Linda Klein.
But the group is also “a nonpartisan organization that seeks consensus wherever possible,” and it cannot jeopardize its well-earned reputation for balance with “an ill-timed or unwisely considered statement whose only good would be to make some of us feel good,” Klein says in a letter to the editor.
Klein’s letter, published by the Am Law Daily, responds to an American Lawyer article (sub. req.) that claims the ABA “has stayed mostly on the sidelines” while Donald Trump “regularly made pronouncements that threatened the rule of law.” The American Lawyer article lists some examples of those pronouncements, including Trump’s call for Hillary Clinton to go to prison and his claims about a rigged election.
According to the American Lawyer, the ABA “has grown into a bureaucratic behemoth” and its “timidity” on the Trump issue stems from fears of alienating a declining membership. “With multiple constituencies to appease,” the article says, “the ABA too often issues vague press releases that read as if they were approved by every name in its directory.”
Responding to the criticism, Klein says the ABA advances the rule of law on a variety of fronts, including through programs to help lawyers better represent their clients and through many other efforts. She goes on to list some examples, including the ABA’s development of model ethics rules, its lobbying for legal aid funding and criminal justice reform, and its adoption of standards for public defense and death penalty representation.
“And when we have concluded that it can constructively help,” Klein writes, “ABA leadership advocates with government testimony, statements, op-eds, letters, and other communications to promote justice and stand up when the rule of law is under threat.”
Klein notes that the ABA has spoken out on some Trump-related issues. One example noted in the American Lawyer article was a statement by then-ABA President Paulette Brown, issued after Trump accused the federal judge overseeing a Trump University lawsuit of bias and noted his Mexican ancestry. Trump had claimed he was getting “railroaded” by the legal system and raised the possibility of his own lawsuit if he wins the election.
Brown’s statement didn’t specifically refer to Trump, but she did say that “anyone running for the highest office in the land” should understand the need for an independent judiciary.
The American Lawyer also noted a second statement by Brown that called on the Senate to fulfill “its constitutional responsibilities” to “consider and act promptly” on U.S. Supreme Court nominee Merrick Garland.
In yet another statement, issued on Dec. 6, the ABA says it “is alarmed by the recent rise of hate speech and violence.”
“The American Bar Association supports the rights of all Americans, including women, minorities, the LGBT community, the disabled, and those who practice different religions,” the statement said. The recent rise of hate speech and violence “is unacceptable in any civil society and cannot be tolerated,” the statement said. “Be assured that the ABA has committed the full force of its more than 400,000 members to fight this heinous behavior and those who support it through word or deed.”
Klein’s letter to the editor says the ABA’s “statements are well received as our long-standing record and international reputation make the ABA a leading bulwark for the rule of law. We will continue to embrace this role as circumstances warrant and when we can contribute most effectively.
“However, the ABA should constantly examine whether it can do more for lawyers, the core values of the legal profession and the rule of law.”
Klein also notes that two lawyers who criticized the ABA in the American Lawyer article are not ABA members. “Lawyers who are involved in the ABA know that in countless instances, we have not shied away from supporting the rule of law and the Constitution, regardless of political consequences,” Klein said. “All members are welcome to help set ABA policy by offering resolutions and engaging in debate. That’s why we encourage all lawyers to be ABA members. …
“As ABA president, I am determined to do everything in my power to help our Association improve the profession and advance the rule of law,” Klein concludes. “Our members do this not from the sidelines, but in the arena, working collaboratively every day with our diverse membership to make the ABA the world’s leading authoritative voice for liberty and justice.”
