#03-25-02: FINAL Speech * of Deputy Attorney General LARRY D. THOMPSON at the Atlanta Bar Association Monday

FINAL Speech* of Deputy Attorney General LARRY D. THOMPSON at the Atlanta Bar Association Monday - March 25, 2002 INTRODUCTION/NEW PARADIGM It is a pleasure to be back home in Atlanta and a distinct honor to share an award and podium with Bob McCallum, my friend and colleague in the Justice Department. I want to briefly speak about America's global battle against terrorism and the Department's role in the war. I have noticed something quintessentially American in our common reaction to this great tragedy. I'm sure you have noticed it too. It is our SPIRIT. We have all pulled together to support each other; to preserve our way of life; and to rise to the challenges that this new struggle has thrust upon us. Lawyers from all over have called and/or e-mailed - volunteering to do whatever they can. What a tribute to our profession! There is a common sense of purpose - that we as a nation will prevail against terrorism, and we do face a challenge. We have not been hit again; BUT we have to be vigilant against the continuing threat of terrorism. Rest assured that we are taking aggressive action to protect the country. The events of 9/11 have had a transforming effect on DOJ. Personal transforming effect - this is as righteous of a cause or case as I have ever worked on. The overriding imperative of DOJ is to disrupt and prevent terrorism / a little like a cop on the beat / save lives. Most essential function of any government is to secure the safety of its citizens. Attorney General Ashcroft has given strict instructions to investigators and prosecutors: Share pertinent information with appropriate officials where doing so can disrupt or prevent a terrorist attack. Even if it means compromising potential criminal prosecution. In essence, there is a new challenge at DOJ and a new paradigm to meet the challenge. The Justice Department has undertaken several new efforts in our fight against terrorism. We are coordinating swift preemptive actions and ongoing cooperation among federal, state, and local law enforcement. We are checking the names of foreign nationals in the US or seeking entry for potential terrorist ties, and detaining them or seeking their deportation were appropriate. We are also conducting voluntary interviews with several thousand additional foreign nationals to gain information about potential terrorist operations in the United States. Finally, we are reexamining and revising administrative regulations where appropriate to be more aggressive in investigating the threat of terrorism. CONCERNS / BALANCED MEASURES Americans before us have gone to war many times - and spent untold blood and treasure to secure the liberties that we hold dear - but we are the first generation of Americans to confront the mass murder of civilians by a foreign enemy on our own soil. As a public official - and as an attorney who, for many years, represented criminal defendants - I share the concern that the struggle against terrorism not change the essential character of our nation. But I want to assure you that none of these steps threatens our Constitution. Despite the gravity of the terrorist attacks and the threat of future attacks, all of the measures that we are bringing to bear are arrived at openly, in the sunlight of public attention, and are subject to judicial review. It is our very open, democratic and just society - whose hallmark is our concern for civil rights - that has made us the terrorists' target. Our freedoms are the envy of the world and the perennial winner in the global marketplace of values and ideas. It is precisely because the terrorists' ideology cannot compete in the open marketplace that they have turned to violence and horror. They attempt to achieve through mass murder what they will never be able to accomplish in a free exchange of ideas: to subvert our freedoms, freedoms for which millions of Americans have strained and sacrificed. We are certainly not the first nation to be assailed by terrorists bent on its destruction. Others who have responded to this challenge can help guide us to strike the right balance among competing liberty and security concerns.¹ Although Israel has been the victim of repeated terrorist assaults, the Israeli Supreme Court has prohibited the use of "moderate physical pressure" by its investigators. In doing so, the Israeli court recognized a principal that applies equally to our own struggle: "This is the destiny of democracy, as not all means are acceptable to it, and not all practices employed by its enemies are open before it. Although a democracy must often fight with one hand tied behind its back, it nonetheless has the upper hand. Preserving the Rule of Law and recognition of an individual's liberty constitutes an important component in its understanding of security. At the end of the day, they strengthen its spirit and [add to] its strength and allow it to overcome its difficulties." This same reverence for civil rights inspired the Attorney General immediately after the terrorist attacks to challenge all of us in the Justice Department to "think outside the box" in fighting terrorism, but caution us: "Don't think outside the Constitution." ROBERT JACKSON DUTY BOUND: ZEALOUSLY REPRESENT CLOSING [My perspective on war on terrorism and my role is shaped by an Atlanta Lawyer. He called me after 9/11 and volunteered to do anything to help. And what he told his wife when she asked him why he wanted to make a sacrifice is exactly what I believe about my situation. I don't try to understand the enormous evil of the terrorists. But whatever goes through their twisted, demonic minds-they were willing to die for their cause. I'm certainly not making a sacrifice by giving up a couple of bucks to serve my country.] Our profession has contributed greatly to the welfare of this country and to its security in time of war. We have much to be proud of. But in practicing law, it is important to bear in mind as well the privileges --and obligations--of being a lawyer, and to cherish the blessings that flow from a system of government based on respect for individual rights rather than fanaticism, spiritual corruption, or rule by fiat. In this we are the bulwark of our society against terror. I believe we are on the right track, but we will not be complacent. As Will Rogers once said, "Even if you're on the right track, you'll get run over if you just sit there." And we will not just sit there. We will move aggressively to defeat terrorism wherever it exists and defend citizens' rights whenever they are threatened. I can assure you of that. Thank you. *NOTE: Mr. Thompson frequently speaks from notes and may depart from the speech as prepared. However, he stands behind the speech as presented in written format.
¹ Israeli Supreme Court decision of September 6, 1999 concerning the interrogation practices of the General Security Service (also known as "Shin Bet").