Advocacy on Trial

Bush George , Decision Points (2010), 171.

This is the opinion of the UN High Commissioner for Human Rights, Louise Arbour, as documented ‘Waterboarding qualifies as torture: UN’ Channel Nine News, 9 February 2008, see also Doyle Leonard , ‘Waterboarding is torture, I did it myself – US advisor’ Independent (online), 1 November 2007, <independent.co.uk/news/world/americas/waterboarding-is-torture–i-did-it-myself-says-us-advisor-398490.html> at 23 May 2011. This is also the publicly-stated position of the former Brown Labor government in the UK and the current Obama Administration, see Siddique Haroon and McGreal Chris , ‘Waterboarding is torture, Downing Street confirms’ Guardian (online), 9 November 2010, <guardian.co.uk/world/2010/nov/09/george-bush-memoirs-waterboarding> at 23 May 2011. See also Hitchens Christopher , ‘Believe me, it's torture,’ Vanity Fair (August 2008) for the viewpoint of a conservative commentator.

Parker Christine and Evans Adrian , Inside Lawyers' Ethics (2007), 23.

Parker Christine , ‘Regulation of the ethics of Australian legal practice: Autonomy and responsiveness’ 25(3) UNSW Law Journal 676, 686.

Office of Professional Responsibility Report, ‘Investigation into the Office of Legal Counsel's memoranda concerning issues relating to the Central Intelligence Agency's use of ‘Enhanced Interrogation Techniques’ on suspected terrorists,’ 29 July 2009 <http://judiciary.house.gov/hearings/pdf/OPRFinalReport090729.pdf> at 23 May 2011.

Balkin Jack , ‘Justice Department Will Not Punish Yoo and Bybee Because Most Lawyers Are Scum Anyway’, on Balkinisation (19 February 2010) http://balkin.blogspot.com/2010/02/justice-department-will-not-punish-yoo.html at 23 May 2011.

Ibid.

Margolis David , Office of the Deputy Attorney General, US Department of Justice (5 January 2010) <http://judiciary.house.gov/hearings/pdf/DAGMargolisMemo100105.pdf> at 23 May 2011

Luban David , ‘David Margolis is wrong’ on Slate (22 February 2010) <slate.com/id/2245531/> at 23 May 2011.

Parker and Evans , above n 3, 28.

Obviously the role of criminal defence lawyers is therefore morally different, as their clients find themselves in quite a different position to clients with civil disputes, or the US Government in the example this article considers. Someone facing their possible loss of freedom at the hands of the state, or indeed their life, warrants a full and fearless defence, regardless of the accusations made against them. I have only the space to acknowledge this point for the purposes of distinction.

Taylor Stuart Jr , ‘Brutal, yes; “Torture,” Probably Not,’ National Journal magazine, 27 February 2010.