воскресенье, 15 мая 2011 г.

Lawyers to the Irvine 11:'You started it' | irvine, jasper, lawyers - The Orange County Register

IRVINE, Stuart P. Jasper: In the article, “Students seek to silence prosecutors” [Local, May 6], the UCI Muslim defendants complained of pretrial publicity by the prosecutor. The legal concept of “opening the door” applies. It is the lawyer’s equivalent of the schoolyard saying, “You started it!”

The ethical rules that govern lawyers as members of the State Bar provide that “a member may make a statement that a reasonable member would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the member or the member’s client. A statement made pursuant to this paragraph shall be limited to such information as is necessary to mitigate the recent adverse publicity.”

The rule is not well written. But it does provide clear guidance to lawyers.

The UCI Muslim defendants mounted a massive publicity campaign in the weeks before their arraignment. When the court rules on the students’ motion, the court may consider not just what the prosecutor said but what the defendants had said to provoke the prosecutors’ response.

SAN CLEMENTE, Erwin Skadron: Attorneys for the notorious “Irvine 11” know they have a very weak case since the Muslim Student Union students’ own emails prove that they lied to the university and the investigators about their careful planning and execution of the shutdown of Ambassador Michael Oren’s speech in front of more than 500 witnesses. The new tactic is to try to disqualify and demonize the prosecuting attorneys and sway public opinion.

Register reporter Greg Hardesty uses the article to paint a misleading picture of a “few” students who “disrupt” the Ambassador’s speech a “few” times. Mr. Hardesty, a few refers to between one and three people, not 11, and they did not disrupt the ambassador’s speech a few times but methodically and repeatedly stopped it for a half-hour after being warned in advance by a UCI administrator that the university would not tolerate any activity that would violate university rules or Ambassador Oren’s right to free speech.

Hardesty then devotes the rest of the article to explaining the defense attorney’s attacks on the prosecutors, while only three small paragraphs quote the prosecutors. This is not reporting, it is just spin and disgraces the Register’s news page.

Letters Editor’s note: The following two letters are both excerpted from longer letters received this week that can be found in the posts: Lawyer Alan Dershowitz decries ACLU support of UCI Muslim Student Union and   Seeking Civility during UCI's anti-Israel week, and

Dershowitz calls for the National ACLU to intervene

CAMBRIDGE, Massachusetts, Alan Dershowitz: … It is shocking therefore to see who has lined up behind the students who set out to censor Ambassador Oren. Two prominent [local] leaders of the American Civil Liberties Union have joined with radical Muslims and other extremists in an effort to pressure the local District Attorney to drop misdemeanor charges against 11 student censors. …

Ultimately a jury will decide whether the students conspired to “shut down” Oren’s talk, or whether they were merely “protesting” the content of his talk. The evidence will clearly show a conspiracy to stop Oren from speaking. ...

Why then have [local] ACLU leaders distorted the facts and conveyed a totally misleading impression of what took place at the University of California? The answer seems clear. These leaders don’t like Israel and they support the censorship of pro-Israel views. They would never take the same position if the shoe had been on the other foot: If the speaker were from Hamas and the students trying to shut him down were pro-Israel.

The national ACLU must investigate and take action to assure that its longstanding principle of neutral support for freedom of expression has not been compromised by local leaders who have placed opposition to Israel above the principles of free speech.

As a lifelong civil libertarian and defender of free speech, I hope the Orange County District Attorney will not succumb to these political pressures. The values of the First Amendment favor prosecution in this case, just as they would if Jewish students conspired to shut down an anti-Israel speaker. The defense of freedom of speech must be neutral and vigorous.

IRVINE, Shalom C. Elcott, President and CEO of the Jewish Federation & Family Services, Orange County: ... This week is once again anti-Israel week at UC Irvine. Sadly, it also signals an escalation of hurtful language by anti-Israel factions that does nothing to find pathways of agreement and tolerance. Could students at UCI learn from their counterparts in the Middle East and usher in a new era of civility? Is it possible this May will spawn a different entry point for new values, ethics and tolerance? ...

As Orange County’s Jewish community actively looks to the upcoming May 14 celebration of the 63rd anniversary of Israel’s statehood, we recognize that everyone doesn’t feel the same as we do. Israel represents values of democracy, human rights, tolerance, ingenuity and tenacity. Yet, there’s an international (and local) movement calling for the destruction of Israel. It is time to change. We have an opportunity borne of events this Spring to celebrate 2011 as a turning point. Conflicting community viewpoints can give way to a conscious decision to look forward. We can commit to shaping the future as opposed to reliving the past. ...

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