The Role of Lawyers in the Global War on Terrorism

Abstract

The following article is edited remarks from Attorney General Mukasey’s Commencement address at Boston College Law School on May 23, 2008. His remarks focus on the role and ethics of lawyers in the Global War on Terrorism. Attorney General Mukasey contends that lawyers must faithfully adhere to the law, especially in the national security context where the questions are complex, the stakes are high and the pressures to do something other than adhere to the law are great. Attorney General Mukasey argues that political and public pressure on national security lawyers can lead to “cycles of timidity and aggression,” and that scrutiny of their work, given the threats facing the country following September 11, 2001, must be conducted responsibly, with an appreciation of its institutional implications.