Law Day 2009.

May 1st is also known as Law Day in the United States. Law Day was established in 1958 by President Eisenhower as a day on which the rule of law can be honored. Law day was established in part to provide an alternative to the communist inspired May Day or International Worker's Day.

In 2009 as our government moves toward greater involvement in private industry, and arguably closer to socialism, the question of whether May 1st in the United States is a day in which we celebrate our constitutional preference for less government power and the rule of law which keeps government at bay, or whether it is a day to celebrate International Workers' Day is a question to be pondered.

On May 1 at Maughan & Maughan LC, we celebrate the rule of law and the role it plays in our society. We celebrate our constitution and the restraints on governmental intrusion into the lives of the individual that our constitution imposes.

My recent involvement in a Federal RICO (racketeering) trial brought me face to face with the power of government and the importance of the rule of law.

In honor of the rule of law and those who are involved in its maintenance in the United States, I have posted below a redacted excerpt from my closing argument in the defense of members of the Crips gang in Wichita, Kansas as they faced prosecution for alleged violation of the Federal Racketeering laws (RICO).

"Ladies and gentlemen, I would like to pause here for a bit. To ignore the case for just a little bit and thank you for your service. I know that this has been a massive undertaking for you and that it has interrupted your life, taken you away from your families, and your careers. At times I am sure it has been tedious and difficult. So thank you.

Thank you not just on behalf of Mr. [ client] and I, but on behalf of the country and everyone in the court room. The role of jurors giving up their time to serve is crucial to our political and legal system.

Our country has been described as a country of laws and not of men. As such, our nation, in a very real sense, rests upon our legal system. That system could not function without jurors. The right to trial by jury is a constitutional imperative and you, by coming here and doing your duty, make that constitutional imperative possible. By so doing – you make the constitution work.

This pen that you have seen me using through this trial was given to me by my father on the day that I became an American citizen. On that day I heard a story. It was a story about an immigrant who had braved the brutality of some totalitarian country and finally escaped. – After many hardships he had finally made his way to the United States. He had struggled through the immigration system and become a citizen. When interviewing the new citizen about his escape from tyranny, a reporter had commented on how lucky we are to live in this country. The new citizen stopped him and said – No, it was I that was lucky. I had somewhere to escape to.

I use this pen in trial to remind me of how important it is that we do our part to make sure that the law works. To make sure that the constitution is upheld and that it continues to thrive. I use this pen in trial to remind myself that this is it. If we do not preserve this republic and our liberties here in the United States, we will not have anywhere to escape to.

It seems to me that it is more important now than ever. It seems to me that there is a general sense in the country that we are losing our way as a nation; That the country that we leave to our children will not resemble to land of the free that our forefathers fashioned through the constitution; That our constitutional republic is eroding. ---

This is not a political position. I hear this sentiment echoed in all segments of the society. I hear the sentiment from the liberals when they complain about the war in Iraq or claims of water boarding of prisoners. I hear it from my libertarian friends when they talk about the constant erosion of our privacy by government, I hear it from my conservative friends when they discuss government plans to nationalize segments of private enterprise and to re-distribute the wealth, and I hear it from my non ideological friends who complain about the lack of responsiveness of the government to the desires of the people. Always, I hear the expression of frustration over our inability to do anything about it.

Ladies and gentlemen there is something we can do about it and you are doing it right now. It is individual Americans doing their duties and exercising their rights that will provide the bulwark against the erosion of our constitutional system.

It is not always easy to do our part,to exercise our rights, and to take on our share of the burden. Your service as a juror in this case shows that sometimes doing our part is difficult. But I am convinced that it is only by individual Americans putting in the hard work when called upon to do our duty, and taking the difficult stand of asserting our rights, that we can reverse the general sense that the country is moving away from our constitutional principals. So again. And sincerely – thank you.

The task before you is going to be even harder than the task of sitting here and listening to the evidence. This case is complicated. The charges are not simple. You have almost 90 pages of instructions to guide you. Despite the best efforts of the judge, and the lawyers some of these instructions remain complicated and convoluted. I do not envy you in your task. It took me months before I felt I really had a grasp on the complexity of this case. Hopefully, the instructions will help you in your task because it is important not only on an individual level but on a national level. It is important to Mr. [Client ] and the concept of Justice. Because, in a complex case like this Mr. [ Client ] can only get a fair trial, and justice can only be served if you put in the time and effort to sort through the 90 pages of instructions and, before giving a verdict, makes sure that you know whether the government has met its burden of proof.

Another constitutional imperative is the presumption of innocence and the requirement that a man maintains that presumption of innocence until the government has proven all of their claims and accusations beyond all reasonable doubt. The protection of this constitutional imperative now fall on your shoulders. You are now the sole guardians of whether, in this case, the constitutional works. Whether the government is made to prove their accusations beyond all reasonable doubt before taking a man’s liberty or whether they are allowed to slide on a lesser degree of proof.

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Your role here is greater than this case. All of those who scream in anguish that we seem to be departing from our constitutional founding and cry out in frustration that there seems to be nothing we can do about it, deserve to have your jury service as an example that there is something we can do about it. We, as individuals, as Americans, can exercise our rights and undertake our duties even when it is difficult. Especially when it is difficult."

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The above portion of my closing reflects my faith in the individual and the power of those who do their part to uphold the rule of law. The Rule of Law in the United States (as represented in our constitution), and therefore our Republic and way of life, depends upon the willingness of each individual person exercising his rights and executing his duties under the Constitution.

If we fail to exercise our rights, to fulfill our constitutional duties, and to insist that the citizen next to us be allowed to exercise his rights; our constitution, and therefore the Rule of Law as exercised in the United States, will fall to the tyranny of the those who would have us bend to the rule of the masses rather than to express our rights under the rule of law.

Happy Law Day. Exercise your rights under the Constitution. Do not give in to the soft tyranny of expedience. Fulfill your duty to protect the rights of your fellow citizen. In doing so, you will be doing your part to uphold the rule of law and, with it, the American Constitution.