409 quotes found
"The office of the lawyer, however poorly filled, is too delicate, personal and confidential to be occupied by a corporation."
"Our people do not want barren theories from their democracy. Maury Maverick has expressed very quaintly, but clearly, what they really want when he says: 'We Americans want to talk, pray, think as we please — and eat regular'."
"He loved his profession, he had a real sense of dedication to the administration of justice, he held his head high as a lawyer, he rendered and exacted courtesy, honor and straightforwardness at the Bar. He respected the judicial office deeply, demanded the highest standards of competence and disinterestedness and dignity, despised all political use of or trifling with judicial power, and had an affectionate regard for every man who filled the exacting prescription of the just judge. The law to him was like a religion, and its practice was more than a means of support; it was a mission. He was not always popular in his community, but he was respected. Unpopular minorities and individuals often found in him their only mediator and advocate. He was too independent to court the populace - he thought of himself as a leader and lawgiver, not a mouthpiece."
"Often his name was, in a generation or two, forgotten. It was from this brotherhood that America has drawn its statesmen and its judges. A free and self-governing Republic stands as a monument for the little-known and unremembered as well as for the famous men of our profession."
"The very purpose of the First Amendment is to foreclose public authority from assuming a guardianship of the public mind through regulating the press, speech and religion. In this field, every person must be his own watchman for truth, because the forefathers did not trust any government to separate the true from the false for us."
"I used to say that, as Solicitor General, I made three arguments in every case. First came the one I had planned – as I thought, logical, coherent, complete. Second was the one actually presented – interrupted, incoherent, disjointed, disappointing. The third was the utterly devastating argument that I thought of after going to bed that night…"
"On your first appearance before the Court, do not waste your time and ours telling us so. We are likely to discover for ourselves that you are a novice but will think none the less of you for it. Every famous lawyer had his first day at our bar, and perhaps a sad one…. Be respectful, of course, but also be self-respectful, and neither disparage yourself nor flatter the Justices. We think well enough of ourselves already."
"Our forefathers found the evils of free thinking more to be endured than the evils of inquest or suppression. This is because thoughtful, bold and independent minds are essential to wide and considered self-government,"
"When the Court moved to Washington in 1800, it was provided with no books, which probably accounts for the high quality of early opinions."
"My philosophy has been and continues to be that [the Court] cannot and should not try to seize the initiative in shaping the policy of the law, either by constitutional interpretation or by statutory construction. While the line to be drawn between interpretation and legislation is difficult, and numerous dissents turn upon it, there is a limit beyond which the Court incurs the just charge of trying to supersede the law-making branches. Every Justice has been accused of legislating and every one has joined in that accusation of others. When the Court has gone too far, it has provoked reactions which have set back the cause it is designed to advance and has sometimes called down upon itself severe rebuke."
"When we went to school we were told that we were governed by laws, not men. As a result of that, many people think there is no need to pay any attention to judicial candidates because judges merely apply the law by some mathematical formula and a good judge and a bad judge all apply the same kind of law. The fact is that the most important part of a judge's work is the exercise of judgment and that the law in a court is never better than the common sense judgment of the judge that is presiding."
"Something happens to a man when he puts on a judicial robe, and I think it ought to. The change is very great and requires psychological change within a man to get into an attitude of deciding other people's controversies, instead of waging them. It really calls for quite a changed attitude. Some never make it - and I am not sure I have."
"The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous. He can have citizens investigated and, if he is that kind of person, he can have this done to the tune of public statements and veiled or unveiled intimations. Or the prosecutor may choose a more subtle course and simply have a citizen's friends interviewed. The prosecutor can order arrests, present cases to the grand jury in secret session, and on the basis of his one-sided presentation of the facts, can cause the citizen to be indicted and held for trial. He may dismiss the case before trial, in which case the defense never has a chance to be heard. Or he may go on with a public trial. If he obtains a conviction, the prosecutor can still make recommendations as to sentence, as to whether the prisoner should get probation or a suspended sentence, and after he is put away, as to whether he is a fit subject for parole. While the prosecutor at his best is one of the most beneficent forces in our society, when he acts from malice or other base motives, he is one of the worst."
"These powers have been granted to our law-enforcement agencies because it seems necessary that such a power to prosecute be lodged somewhere. This authority has been granted by people who really wanted the right thing done- wanted crime eliminated-but also wanted the best in our American traditions preserved."
"Because of this immense power to strike at citizens, not with mere individual strength, but with all the force of government itself, the post of federal district attorney from the very beginning has been safeguarded by presidential appointment, requiring confirmation of the senate of the United States. You are thus required to win an expression of confidence in your character by both the legislative and the executive branches of the government before assuming the responsibilities of a federal prosecutor."
"Your responsibility in your several districts for law enforcement and for its methods cannot be wholly surrendered to Washington, and ought not to be assumed by a centralized department of justice. It is an unusual and rare instance in which the local district attorney should be superseded in the handling of litigation, except where be requests help of Washington. It is also clear that with his knowledge of local sentiment and opinion, his contact with and intimate knowledge of the views of the court, and his acquaintance with the feelings of the group from which jurors are drawn, it is an unusual case in which his judgment should be overruled. Experience, however, has demonstrated that some measure of centralized control is necessary. In the absence of it different district attorneys were striving for different interpretations or applications of an act, or were pursuing different conceptions of policy. Also, to put it mildly, there were differences in the degree of diligence and zeal in different districts. To promote uniformity of policy and action, to establish some standards of performance, and to make available specialized help, some degree of centralized administration was found necessary."
"Nothing better can come out of this meeting of law enforcement officers than a rededication to the spirit of fair play and decency that should animate the federal prosecutor. Your positions are of such independence and importance that while you are being diligent, strict, and vigorous in law enforcement you can also afford to be just. Although the government technically loses its case, it has really won if justice has been done."
"Any prosecutor who risks his day-to-day professional name for fair dealing to build up statistics of success has a perverted sense of practical values, as well as defects of character. Whether one seeks promotion to a. judgeship, as many prosecutors rightly do, or whether he returns to private practice, he can have no better asset than to have his profession recognize that his attitude toward those who feel his power has been dispassionate, reasonable and just."
"There is a most important reason why the prosecutor should have, as nearly as possible, a detached and impartial view of all groups in his community. Law enforcement is not automatic. It isn't blind. One of the greatest difficulties of the position of prosecutor is that he must pick his cases, because no prosecutor can even investigate all of the eases in which he receives complaints. If the department of justice were to make even a pretense of reaching every probable violation of federal law, ten times its present staff would be inadequate. We know that no local police force can strictly enforce the traffic laws, or it would arrest half the driving population on any given morning, [sic!] What every prosecutor is practically required to do is to select the cases for prosecution and to select those in which the offense is the most flagrant, the public harm the greatest, and the proof the most certain."
"If the prosecutor is obliged to choose his cases, it follows that he can choose his defendants. Therein is the most dangerous power of the prosecutor: that he will pick people that he thinks he should get, rather than pick cases that need to be prosecuted. With the law books filled with a great assortment of crimes, a prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone. In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it, it is a question of picking the man and then searching the law books, or putting investigators to work, to pin some offense on him. It is in this realm-in which the prosecutor picks some person whom he dislikes or desires to embarrass, or selects some group of unpopular persons and then looks for an offense, that the greatest danger of abuse of prosecuting power lies. It is here that law enforcement becomes personal, and the real crime becomes that of being unpopular with the predominant or governing group, being attached to the wrong political views, or being personally obnoxious to or in the way of the prosecutor himself."
"In times of fear or hysteria· political, racial, religious, social, and economic groups, often from the best of motives, cry for the scalps of individuals or groups because they do not like their views. Particularly do we need to be dispassionate and courageous in those cases which deal with so called "subversive activities." They are dangerous to civil liberty because the prosecutor has no definite standards to determine what constitutes a "subversive activity," such as we have for murder or larceny. Activities which seem benevolent and helpful to wage earners, persons on relief, or those who are disadvantaged in the struggle for existence may be regarded as "subversive" by those whose property interests might be burdened or affected thereby. Those who are in office are apt to regard as "subversive" the activities of any of those who would bring about a change of administration. Some of our soundest constitutional doctrines were once punished as subversive. We must not forget that it was not so long ago that both the term "Republican" and the term "Democrat" were epithets with sinister meaning to denote persons of radical tendencies that were "subversive" of the order of things then dominant."
"In the enforcement of laws that protect our national integrity and existence, we should prosecute any and every act of violation, but only overt acts, not the expression of opinion, or activities such as the holding of meetings, petitioning of congress, or dissemination of news or opinions. Only by extreme care can we protect the spirit as well as the letter of our civil liberties, and to do so is a responsibility of the federal prosecutor."
"Another delicate task is to distinguish between the federal and the local in law-enforcement activities. We must bear in mind that we are concerned only with the prosecution of acts which the congress has made federal offenses. Those acts we should prosecute regardless of local sentiment, regardless of whether it exposes lax local enforcement, regardless of whether it makes or breaks local politicians. [...] In spite of the temptation to divert our power to local conditions where they have become offensive to our sense of decency, the only long-term policy that will save federal justice from being discredited by entanglements with local politics is that it confine itself to strict and impartial enforcement of federal law, letting the chips fall in the community where they may. Just as there should be no permitting of local considerations to stop federal enforcement, so there should be no striving to enlarge our power over local affairs and no use of federal prosecutions to exert an indirect influence that would be unlawful if exerted directly."
"The qualities of a good prosecutor are as elusive and as impossible to define as those which mark a gentleman. And those who need to be told would not understand it anyway. A sensitiveness to fair play and sportsmanship is perhaps the best protection against the abuse of power, and the citizen's safety lies in the prosecutor who tempers zeal with human kindness, who seeks truth and not victims, who serves the law and not factional purposes, and who approaches his task with humility."
"For a century every contest with the Supreme Court has ended in evading the basic inconsistency between popular government and judicial supremacy."
"While the Declaration was directed against an excess of authority, the Constitution was directed against anarchy."
"Of course, such judicial misconstruction theoretically can be cured by constitutional amendment. But the period of gestation of a constitutional amendment, or of any law reform, is reckoned in decades usually; in years, at least. And, after all, as the Court itself asserted in overruling the minimum-wage cases, it may not be the Constitution that was at fault."
"We must make clear to the Germans that the wrong for which their fallen leaders are on trial is not that they lost the war, but that they started it. And we must not allow ourselves to be drawn into a trial of the causes of the war, for our position is that no grievances or policies will justify resort to aggressive war. It is utterly renounced and condemned as an instrument of policy."
"The privilege of opening the first trial in history for crimes against the peace of the world imposes a grave responsibility. The wrongs which we seek to condemn and punish have been so calculated, so malignant, and so devastating, that civilization cannot tolerate their being ignored, because it cannot survive their being repeated. That four great nations, flushed with victory and stung with injury stay the hand of vengeance and voluntarily submit their captive enemies to the judgment of the law is one of the most significant tributes that Power has ever paid to Reason."
"If we can cultivate in the world the idea that aggressive war-making is the way to the prisoner's dock rather than the way to honors, we will have accomplished something toward making the peace more secure."
"We must never forget that the record on which we judge these defendants is the record on which history will judge us tomorrow. To pass these defendants a poisoned chalice is to put it to our own lips as well."
"If certain acts of violation of treaties are crimes, they are crimes whether the United States does them or whether Germany does them, and we are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us."
"Of one thing we may be sure. The future will never have to ask, with misgiving, what could the Nazis have said in their favor. History will know that whatever could be said, they were allowed to say. They have been given the kind of a Trial which they, in the days of their pomp and power, never gave to any man."
"The plans of Adolf Hitler for aggression were just as secret as Mein Kampf, of which over six million copies were published in Germany. He not only openly advocated overthrowing the Treaty of Versailles, but made demands which went far beyond a mere rectification of its alleged injustices (GB-128). He avowed an intention to attack neighboring states and seize their lands, which he said would have to be won with "the power of a triumphant sword." Here, for every German to hearken to, were the "ancestral voices prophesying war.""
"Each of these men made a real contribution to the Nazi plan. Each man had a key part. Deprive the Nazi regime of the functions performed by a Schacht, a Sauckel, a Von Papen, or a Goering and you have a different regime. Look down the rows of fallen men and picture them as the photographic and documentary evidence shows them to have been in their days of power. Is there one who did not substantially advance the conspiracy along its bloody path toward its bloody goal? Can we assume that the great effort of these men's lives was directed toward ends they never suspected?"
"These men saw no evil, spoke none, and none was uttered in their presence. This claim might sound very plausible if made by one defendant. But when we put all their stories together, the impression which emerges of the Third Reich, which was to last a thousand years, is ludicrous. If we combine only the stories of the front bench, this is the ridiculous composite picture of Hitler's Government that emerges. It was composed of: A No. 2 man who knew nothing of the excesses of the Gestapo which he created, and never suspected the Jewish extermination programme although he was the signer of over a score of decrees which instituted the persecution of that race; A No. 3 man who was merely an innocent middleman transmitting Hitler's orders without even reading them, like a postman or delivery boy; A Foreign Minister who knew little of foreign affairs and nothing of foreign policy; A Field-Marshal who issued orders to the armed forces but had no idea of the results they would have in practice … … This may seem like a fantastic exaggeration, but this is what you would actually be obliged to conclude if you were to acquit these defendants. They do protest too much. They deny knowing what was common knowledge. They deny knowing plans and programmes that were as public as Mein Kampf and the Party programme. They deny even knowing the contents of documents which they received and acted upon. … The defendants have been unanimous, when pressed, in shifting the blame on other men, sometimes on one and sometimes on another. But the names they have repeatedly picked are Hitler, Himmler, Heydrich, Goebbels, and Bormann. All of these are dead or missing. No matter how hard we have pressed the defendants on the stand, they have never pointed the finger at a living man as guilty. It is a temptation to ponder the wondrous workings of a fate which has left only the guilty dead and only the innocent alive. It is almost too remarkable. The chief villain on whom blame is placed — some of the defendants vie with each other in producing appropriate epithets — is Hitler. He is the man at whom nearly every defendant has pointed an accusing finger. I shall not dissent from this consensus, nor do I deny that all these dead and missing men shared the guilt. In crimes so reprehensible that degrees of guilt have lost their significance they may have played the most evil parts. But their guilt cannot exculpate the defendants. Hitler did not carry all responsibility to the grave with him. All the guilt is not wrapped in Himmler's shroud. It was these dead men whom these living chose to be their partners in this great conspiratorial brotherhood, and the crimes that they did together they must pay for one by one."
"It may well be said that Hitler's final crime was against the land he had ruled. He was a mad messiah who started the war without cause and prolonged it without reason. If he could not rule he cared not what happened to Germany. As Fritzsche has told us from the stand, Hitler tried to use the defeat of Germany for the self-destruction of the German people. He continued to fight when he knew it could not be won, and continuance meant only ruin... Hitler ordered everyone else to fight to the last and then retreated into death by his own hand. But he left life as he lived it, a deceiver; he left the official report that he had died in battle. This was the man whom these defendants exalted to a Fuhrer. It was they who conspired to get him absolute authority over all of Germany. And in the end he and the system they created for him brought the ruin of them all."
"Lying has always been a highly approved Nazi technique. Hitler, in Mein Kampf, advocated mendacity as a policy. … Nor is the lie direct the only means of falsehood. They all speak with a Nazi double meaning with which to deceive the unwary. In the Nazi dictionary of sardonic euphemisms "Final solution" of the Jewish problem was a phrase which meant extermination; "Special treatment" of prisoners of war meant killing; "Protective custody" meant concentration camp; "Duty labour" meant slave labour; and an order to "take a firm attitude" or "take positive measures" meant to act with unrestrained savagery. … Before we accept their word at what seems to be its face value, we must always look for hidden meanings. … Besides outright false statements and those with double meanings, there are also other circumventions of truth in the nature of fantastic explanations and absurd professions. … The record is full of other examples of dissimulations and evasions. Even Schacht showed that he, too, had adopted the Nazi attitude that truth is any story which succeeds. Confronted on cross-examination with a long record of broken vows and false words, he declared in justification — and I quote from the record: "I think you can score many more successes when you want to lead someone if you don't tell them the truth than if you tell them the truth." This was the philosophy of the National Socialists. When for years they have deceived the world, and masked falsehood with plausibilities, can anyone be surprised that they continue that habit of a lifetime in this dock? Credibility is one of the main issues of this trial. Only those who have failed to learn the bitter lessons of the last decade can doubt that men who have always played on the unsuspecting credulity of generous opponents would not hesitate to do the same now. It is against such a background that these defendants now ask this Tribunal to say that they are not guilty of planning, executing, or conspiring to commit this long list of crimes and wrongs. They stand before the record of this Trial as bloodstained Gloucester stood by the body of his slain king. He begged of the widow, as they beg of you: "Say I slew them not." And the Queen replied, "Then say they were not slain. But dead they are..." If you were to say of these men that they are not guilty, it would be as true to say that there has been no war, there are no slain, there has been no crime."
"For over a century it has been the settled doctrine of the Supreme Court that the principle of stare decisis has only limited application in constitutional cases. It might be thought that if any law is to be stabilized by a court decision it logically should be the most fundamental of all law -- that of the Constitution. But the years brought about a doctrine that such decisions must be tentative and subject to judicial cancellation if experience fails to verify them. The result is that constitutional precedents are accepted only at their current valuation and have a mortality rate almost as high as their authors."
"There is no such thing as an achieved liberty; like electricity, there can be no substantial storage and it must be generated as it is enjoyed, or the lights go out."
"Not every defeat of authority is a gain for individual freedom, nor every judicial rescue of a convict a victory for liberty."
"A Government to perform even a minimum of service to its people, must take steps to suppress avarice, to strike down privately built-up schemes of economic exploitation or oppression, to uproot privilege, and to assure justice and economic opportunity to the masses."
"It is Mr. Mellon's credo that $200,000,000 can do no wrong. Our offense consists in doubting it."
"No longer may the head of a state consider himself outside of the law, and impose inhuman acts on the peoples of the world."
"The power of citizenship as a shield against oppression was widely known from the example of Paul's Roman citizenship, which sent the centurion scurrying to his higher-ups with the message: "Take heed what thou doest: for this man is a Roman.""
"The mere state of being without funds is a neutral fact — constitutionally an irrelevance, like race, creed, or color."
"It is hardly lack of due process for the Government to regulate that which it subsidizes."
"There is no reason to doubt that this Court may fall into error, as may other branches of the Government. Nothing in the history or attitude of this Court should give rise to legislative embarrassment if, in the performance of its duty, a legislative body feels impelled to enact laws which may require the Court to reexamine its previous judgments or doctrine. [Footnote 52] The Court differs, however, from other branches of the Government in its ability to extricate itself from error. It can reconsider."
"This Court is forever adding new stories to the temples of constitutional law, and the temples have a way of collapsing when one story too many is added."
"Civil liberties had their origin and must find their ultimate guaranty in the faith of the people. If that faith should be lost, five or nine men in Washington could not long supply its want."
"As to ethics, the parties seem to me as much on a parity as the pot and the kettle. But want of knowledge or innocent intent is not ordinarily available to diminish patent protection."
"A confession is wholly and incontestably voluntary only if a guilty person gives himself up to the law and becomes his own accuser."
"The physical power to get the money does not seem to me a test of the right to tax. Might does not make right even in taxation. To hold that what the use of official authority may get the state may keep, and that if it cannot get hold of a nonresident stockholder it may hold the company as hostage for him, is strange constitutional doctrine to me."
"Korematsu was born on our soil, of parents born in Japan. The Constitution makes him a citizen of the United States by nativity and a citizen of California by residence. No claim is made that he is not loyal to this country. There is no suggestion that apart from the matter involved here he is not law abiding and well disposed. Korematsu, however, has been convicted of an act not commonly a crime. It consists merely of being present in the state whereof he is a citizen, near the place where he was born, and where all his life he has lived. A citizen's presence in this locality, however, was made a crime only if his parents were of Japanese birth. Had Korematsu been one of four - the others being, say, a German alien enemy, an Italian alien enemy, and a citizen of American-born ancestors, convicted of treason, but on parole - only Korematsu's presence would have violated the order. The difference between their innocence and his crime would result, not from anything he did, said, or thought, different than they, but only in that he was born of different racial stock. Now, if any fundamental assumption underlies our system, it is that guilt is personal and not inheritable. Even if all of one's antecedents had been convicted of treason, the Constitution forbids its penalties to be visited upon him. But here is an attempt to make an otherwise innocent act a crime merely because this prisoner is the son of parents as to whom he had no choice, and belongs to a race from which there is no way to resign. If Congress in peace-time legislation should enact such a criminal law, I should suppose this Court would refuse to enforce it."
"[T]he effect of the religious freedom Amendment to our Constitution was to take every form of propagation of religion out of the realm of things which could directly or indirectly be made public business, and thereby be supported in whole or in part at taxpayers' expense. That is a difference which the Constitution sets up between religion and almost every other subject matter of legislation, a difference which goes to the very root of religious freedom[...] This freedom was first in the Bill of Rights because it was first in the forefathers' minds; it was set forth in absolute terms, and its strength is its rigidity. It was intended not only to keep the states' hands out of religion, but to keep religion's hands off the state, and, above all, to keep bitter religious controversy out of public life by denying to every denomination any advantage from getting control of public policy or the public purse."
"I do not know whether it is the view of the Court that a judge must be thick-skinned or just thick-headed, but nothing in my experience or observation confirms the idea that he is insensitive to publicity. Who does not prefer good to ill report of his work? And if fame — a good public name — is, as Milton said, the "last infirmity of noble mind", it is frequently the first infirmity of a mediocre one."
"The Court's reasoning adds up to this: The Commission must be sustained because of its accumulated experience in solving a problem with which it had never before been confronted! I give up. Now I realize fully what Mark Twain meant when he said, 'The more you explain it, the more I don't understand it.'"
"No one will question that this power is the most dangerous one to free government in the whole catalogue of powers. It usually is invoked in haste and excitement when calm legislative consideration of constitutional limitation is difficult. It is executed in a time of patriotic fervor that makes moderation unpopular. And, worst of all, it is interpreted by judges under the influence of the same passions and pressures. Always, as in this case, the Government urges hasty decision to forestall some emergency or serve some purpose and pleads that paralysis will result if its claims to power are denied or their confirmation delayed."
"Under these circumstances, except for any personal humiliation involved in admitting that I do not always understand the opinions of this Court, I see no reason why I should be consciously wrong today because I was unconsciously wrong yesterday."
"But we have grounds to assume also that the normal proportion of them are subject to that very human weakness, especially displayed in Washington, which leads men to "crook the pregnant hinges of the knee where thrift may follow fawning.""
"To bring in a lawyer means a real peril to solution of the crime because, under our adversary system, he deems that his sole duty is to protect his client—guilty or innocent—and that, in such a capacity, he owes no duty whatever to help society solve its crime problem. Under this conception of criminal procedure, any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to police under any circumstances."
"The choice is not between order and liberty. It is between liberty with order and anarchy without either. There is danger that, if the Court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact."
"But when notice is a person's due, process which is a mere gesture is not 'due process.'"
"But we must not forget that in our country are evangelists and zealots of many different political, economic and religious persuasions whose fanatical conviction is that all thought is divinely classified into two kinds — that which is their own and that which is false and dangerous."
"Our protection against all kinds of fanatics and extremists, none of whom can be trusted with unlimited power over others, lies not in their forbearance but in the limitations of our Constitution."
"The priceless heritage of our society is the unrestricted constitutional right of each member to think as he will. Thought control is a copyright of totalitarianism, and we have no claim to it. It is not the function of the government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error. We could justify any censorship only when the censors are better shielded against error than the censored."
"I think that, under our system, it is time enough for the law to lay hold of the citizen when he acts illegally, or in some rare circumstances when his thoughts are given illegal utterance. I think we must let his mind alone."
"I am entitled to say of that opinion what any discriminating reader must think of it — that it was as foggy as the statute the [[Attorney General was asked to interpret."
"But an escape less self-depreciating was taken by Lord Westbury, who, it is said, rebuffed a barrister's reliance upon an earlier opinion of his Lordship: "I can only say that I am amazed that a man of my intelligence should have been guilty of giving such an opinion". If there are other ways of gracefully and good-naturedly surrendering former views to a better considered position, I invoke them all."
"The petitioner's problem is to avoid Scylla without being drawn into Charybdis."
"It is only the words of the bill that have presidential approval, where that approval is given. It is not to be supposed that in signing a bill the President endorses the whole Congressional Record."
"Men are more often bribed by their loyalties and ambitions than by money."
"Had the jury convicted on proper instructions it would be the end of the matter. But juries are not bound by what seems inescapable logic to judges."
"We can afford no liberties with liberty itself."
"Nothing in our Constitution is plainer than that declaration of a war is entrusted only to Congress. Of course, a state of war may in fact exist without a formal declaration. But no doctrine that the Court could promulgate would seem to me more sinister and alarming than that a President whose conduct of foreign affairs is so largely uncontrolled, and often even is unknown, can vastly enlarge his mastery over the internal affairs of the country by his own commitment of the Nation's armed forces to some foreign venture."
"No penance would ever expiate the sin against free government of holding that a President can escape control of executive powers by law through assuming his military role."
"I cannot be brought to believe that this country will suffer if the Court refuses further to aggrandize the presidential office, already so potent and so relatively immune from judicial review, at the expense of Congress.But I have no illusion that any decision by this Court can keep power in the hands of Congress if it is not wise and timely in meeting its problems. A crisis that challenges the President equally, or perhaps primarily, challenges Congress. If not good law, there was worldly wisdom in the maxim attributed to Napoleon that "The tools belong to the man who can use them." We may say that power to legislate for emergencies belongs in the hands of Congress, but only Congress itself can prevent power from slipping through its fingers.The essence of our free Government is "leave to live by no man's leave, underneath the law" -- to be governed by those impersonal forces which we call law. Our Government is fashioned to fulfill this concept so far as humanly possible. The Executive, except for recommendation and veto, has no legislative power. The executive action we have here originates in the individual will of the President, and represents an exercise of authority without law. No one, perhaps not even the President, knows the limits of the power he may seek to exert in this instance, and the parties affected cannot learn the limit of their rights. We do not know today what powers over labor or property would be claimed to flow from Government possession if we should legalize it, what rights to compensation would be claimed or recognized, or on what contingency it would end. With all its defects, delays and inconveniences, men have discovered no technique for long preserving free government except that the Executive be under the law, and that the law be made by parliamentary deliberations. Such institutions may be destined to pass away. But it is the duty of the Court to be last, not first, to give them up."
"He who must search a haystack for a needle is likely to end up with the attitude that the needle is not worth the search."
"Reversal by a higher court is not proof that justice is thereby better done. There is no doubt that if there were a super-Supreme Court, a substantial proportion of our reversals of state courts would also be reversed. We are not final because we are infallible, but we are infallible only because we are final."
"We granted certiorari, and in this Court the parties changed positions as nimbly as if dancing a quadrille."
"I should concur in this result more readily if the Court could reach it by analysis of the statute instead of by psychoanalysis of Congress. When we decide from legislative history, including statements of witnesses at hearings, what Congress probably had in mind, we must put ourselves in the place of a majority of Congressmen and act according to the impression we think this history should have made on them. Never having been a Congressman, I am handicapped in that weird endeavor. That process seems to me not interpretation of a statute but creation of a statute."
"But the validity of a doctrine does not depend on whose ox it gores."
"The duty to disclose knowledge of crime rests upon all citizens."
"Procedural fairness, if not all that originally was meant by due process of law, is at least what it most uncompromisingly requires. Procedural due process is more elemental and less flexible than substantive due process. It yields less to the times, varies less with conditions, and defers much less to legislative judgment. Insofar as it is technical law, it must be a specialized responsibility within the competence of the judiciary on which they do not bend before political branches of the Government, as they should on matters of policy which compromise substantive law. If it be conceded that in some way [that the agency could take the action it did], does it matter what the procedure is? Only the untaught layman or the charlatan lawyer can answer that procedure matters not. Procedural fairness and regularity are of the indispensable essence of liberty. Severe substantive laws can be endured if they are fairly and impartially applied. Indeed, if put to the choice, one might well prefer to live under Soviet substantive law applied in good faith by our common-law procedures than under our substantive law enforced by Soviet procedural practices. Let it not be overlooked that due process of law is not for the sole benefit of an accused. It is the best insurance for the Government itself against those blunders which leave lasting stains on a system of justice but which are bound to occur on ex parte consideration."
"Government of limited power need not be anemic government. Assurance that rights are secure tends to diminish fear and jealousy of strong government, and by making us feel safe to live under it makes for its better support."
"The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials, and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections."
"Struggles to coerce uniformity of sentiment in support of some end thought essential to their time and country have been waged by many good, as well as by evil, men. Nationalism is a relatively recent phenomenon, but, at other times and places, the ends have been racial or territorial security, support of a dynasty or regime, and particular plans for saving souls. As first and moderate methods to attain unity have failed, those bent on its accomplishment must resort to an ever-increasing severity. As governmental pressure toward unity becomes greater, so strife becomes more bitter as to whose unity it shall be."
"Ultimate futility of such attempts to compel coherence is the lesson of every such effort from the Roman drive to stamp out Christianity as a disturber of its pagan unity, the Inquisition, as a means to religious and dynastic unity, the Siberian exiles as a means to Russian unity, down to the fast failing efforts of our present totalitarian enemies."
"We set up government by consent of the governed, and the Bill of Rights denies those in power any legal opportunity to coerce that consent. Authority here is to be controlled by public opinion, not public opinion by authority."
"Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard."
"The case is made difficult not because the principles of its decision are obscure but because the flag involved is our own. Nevertheless, we apply the limitations of the Constitution with no fear that freedom to be intellectually and spiritually diverse or even contrary will disintegrate the social organization. To believe that patriotism will not flourish if patriotic ceremonies are voluntary and spontaneous instead of a compulsory routine is to make an unflattering estimate of the appeal of our institutions to free minds. We can have intellectual individualism and the rich cultural diversities that we owe to exceptional minds only at the price of occasional eccentricity and abnormal attitudes. When they are so harmless to others or to the State as those we deal with here, the price is not too great. But freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order."
"If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein."
"I should say the defendants have done just that for which they are indicted. If I might agree to their conviction without creating a precedent, I cheerfully would do so. I can see in their teachings nothing but humbug, untainted by any trace of truth. But that does not dispose of the constitutional question whether misrepresentation of religious experience or belief is prosecutable; it rather emphasizes the danger of such prosecutions."
"If religious liberty includes, as it must, the right to communicate such experiences to others, it seems to me an impossible task for juries to separate fancied ones from real ones, dreams from happenings, and hallucinations from true clairvoyance. Such experiences, like some tones and colors, have existence for one, but none at all for another. They cannot be verified to the minds of those whose field of consciousness does not include religious insight. When one comes to trial which turns on any aspect of religious belief or representation, unbelievers among his judges are likely not to understand, and are almost certain not to believe, him."
"I do not know what degree of skepticism or disbelief in a religious representation amounts to actionable fraud. James points out that "Faith means belief in something concerning which doubt is theoretically possible." Belief in what one may demonstrate to the senses is not faith. All schools of religious thought make enormous assumptions, generally on the basis of revelations authenticated by some sign or miracle. The appeal in such matters is to a very different plane of credibility than is invoked by representations of secular fact in commerce. Some who profess belief in the Bible read literally what others read as allegory or metaphor, as they read Aesop's fables. Religious symbolism is even used by some with the same mental reservations one has in teaching of Santa Claus or Uncle Sam or Easter bunnies or dispassionate judges. It is hard in matters so mystical to say how literally one is bound to believe the doctrine he teaches, and even more difficult to say how far it is reliance upon a teacher's literal belief which induces followers to give him money."
"The chief wrong which false prophets do to their following is not financial... But the real harm is on the mental and spiritual plane. There are those who hunger and thirst after higher values which they feel wanting in their humdrum lives. They live in mental confusion or moral anarchy, and seek vaguely for truth and beauty and moral support. When they are deluded and then disillusioned, cynicism and confusion follow. The wrong of these things, as I see it, is not in the money the victims part with half so much as in the mental and spiritual poison they get. But that is precisely the thing the Constitution put beyond the reach of the prosecutor, for the price of freedom of religion or of speech or of the press is that we must put up with, and even pay for, a good deal of rubbish."
"Korematsu was born on our soil, of parents born in Japan. The Constitution makes him a citizen of the United States by nativity, and a citizen of California by residence. No claim is made that he is not loyal to this country. There is no suggestion that apart from the matter involved here, he is not law-abiding and well-disposed. Korematsu, however, has been convicted of an act not commonly a crime. It consists merely of being present in the state whereof he is a citizen, near the place where he was born, and where all his life he has lived."
"A military order, however unconstitutional, is not apt to last longer than the military emergency. Even during that period, a succeeding commander may revoke it all. But once a judicial opinion rationalizes such an order to show that it conforms to the Constitution, or rather rationalizes the Constitution to show that the Constitution sanctions such an order, the Court for all time has validated the principles of racial discrimination in criminal procedure, and of transplanting American citizens. The principle then lies about like a loaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need. Every repetition imbeds that principle more deeply in our law and thinking, and expands it to new purposes."
"It is possible to hold a faith with enough confidence to believe that what should be rendered to God does not need to be decided and collected by Caesar."
"The day that this country ceases to be free for irreligion it will cease to be free for religion — except for the sect that can win political power."
"If we concede to the State power and wisdom to single out "duly constituted religious" bodies as exclusive alternatives for compulsory secular instruction, it would be logical to also uphold the power and wisdom to choose the true faith among those "duly constituted." We start down a rough road when we begin to mix compulsory public education with compulsory godliness."
"Nature had given him a bright, strong mind--it was one of the best three or four, possibly five, of the Court during his years of service. It was a disciplined mind — self disciplined, and sharpened by the varied incidents of a general practice. He had attended no college. His engaging style, his easy acquaintance with good literature, he had acquired for himself. Even in his one year of law school, his training had been in practical subjects taught by practical men. The assurance and courage that come from professional mastery, that too he had won for himself. So he became an exemplar of the best virtues we attribute to our tough common-law system. He thought in terms of concrete operations: a good judge should feel responsible for the practicality of his judgments. He displayed, too, a constant concern that the Court's pronouncements convey to the practitioner a workable rule of conduct. To his fingertips, he retained a feel for active practice. This was the American lawyer at his best. What he made of himself is an inspiration and a challenge to all who follow his calling."
"He will live in the living law of the Constitution."
"His speech breaks through the printed page. He was one of those rare men whose spoken word survives in type."
"Self-reliance, good-humored tolerance, recognition of the other fellow's right to be and to thrive, even though you may not think he is as good as you are, suspicion of authority as well as awareness of its need, disdain of arrogance and self-righteousness, a preference for truculent independence over prudent deference and conformity - these were the feelings that shaped his outlook on life. He liked his kind without being sentimental about it; he was gregarious but shy about intimacies."
"As Attorney General, Solicitor General, and Assistant Attorney General,…he lost but a single case in the Supreme Court. Against [that] may be tallied some twenty-seven arguments which he won."
"He had a quiet courage, which never led to a bellow of defiance but which permitted him to take in every instance the action he thought best without discernible thought of criticism or personal injury. He was modest in manner, yet supremely confident of himself and his judgment. He had a calm which no crisis could disturb, and standards of honorable conduct which were both rigorous and unshakeable."
"Robert Jackson represented the advocate at his best. He possessed the rare combination of a good jury personality and the qualities of a profound lawyer. He knew how to talk persuasively to a jury of Chautauqua County farmers, yet he could argue the points of law involved in the case with great learning and with unanswerable logic, either before the trial judge or an appellate court. He had high standards of craftsmanship as a lawyer; he was thorough and painstaking in preparation."
"He had a reservoir of learning, from which he drew gracefully and effortlessly. But the most marked quality of his judicial and non-judicial writing was not the ability to borrow an apt quotation or to find an idea well expressed by one who had written before him; it was the ability to think brilliantly in original and bold fashion and to express his thoughts in forceful and eloquent English of a style inimitably his own. His writing was pithy and pungent; yet he never sacrificed clarity of thought for a well-turned phrase. He was a master of the paradox; he had a great love of alliteration and his antithetical statements were gems. Yet his wit never descended to the frivolous; it always added a barb to the telling point. His wit was especially telling when turned upon himself or his Court."
"The trial began with the grand, devastating opening address by the Chief American Prosecutor, Justice Robert H. Jackson. But I took comfort from one sentence in it which accused the defendants of guilt for the regime's crimes, but not the German people."
"To an unusual degree in the history of the Court, Justice Jackson wrote as he felt. In his case the style was the man….He wrote as he talked and he talked as he felt. The fact that his opinions were written talk made them as lively as the liveliness of his talk."
"He had 'impish candor', to borrow one of his own phrases. Candor, indeed, was one of his deepest veins."
"There was nothing stuffy about him and therefore, nothing stuffy about his writing."
"No man who ever sat on the Supreme Court, it seems to me, mirrored the man in him in his judicial work more completely than did Justice Jackson."
"You will be better advised to watch what we do instead of what we say."
"This country is going so far to the right you won't recognize it."
"All that crap, you're putting it in the paper? It's all been denied. Katie Graham's gonna get her tit caught in a big fat wringer if that's published. Good Christ! That's the most sickening thing I ever heard."
"Unique among the nations, America recognized the source of our character as being godly and eternal, not being civic and temporal. And because we have understood that our source is eternal, America has been different. We have no king but Jesus."
"Since Tuesday the Justice Department has received reports of violence and threats of violence against Arab-Americans and other Americans of Middle Eastern and South Asian descents. We must not descend to the level of those who perpetrated Tuesday's violence by targeting individuals based on their race, their religion, or their national origin. Such reports of violence and threats are in direct opposition to the very principles and laws of the United States and will not be tolerated."
"Islam is a religion in which God requires you to send your son to die for him. Christianity is a faith in which God sends his son to die for you."
"To those who scare peace-loving people with phantoms of lost liberty, my message is this: Your tactics only aid terrorists, for they erode our national unity and diminish our resolve. They give ammunition to America's enemies, and pause to America's friends. They encourage people of good will to remain silent in the face of evil."
"The last time I looked at September 11th, an American street was a war zone. There was a street in Virginia that was a war zone."
"The objective of securing the safety of Americans from crime and terror has been achieved."
"(Allegedly) Why are we talking about this in the White House? History will not judge this kindly."
"I'm trying to think of all the reasons that are appropriate for me to refuse to answer that question."
"Sometimes the act of walking in the face of the elements helps us come to grips with reality. Or it simply exhausts us to the point of seeing the futility of resisting reality and the futility of denial."
"I was deeply grieved and suddenly depleted by a draining weariness. This day had been a nightmare, and I had not yet been asleep."
"My family has never suggested to me that my identity or value to them depended on my station in life. I knew that they did not consider me any more or less valuable because I held some political office. They valued me as a husband and father, whether or not I won an election. Nor did they regard holding office on Capitol Hill or in the Missouri statehouse as the epitome of success. Quite the contrary, my family had endured numerous personal sacrifices because of my public positions."
"A trustee has a responsibility to guard the assets of others with a higher degree of care than he does his own."
"Through it all, I've learned to trust that God does indeed have a plan and purpose for me. Trust doesn't come into play when you can figure everything out; that's mere reason. Trust operates when you can't understand why circumstances or events happen. That's where it takes faith to believe that God knows what is best for our lives."
"To me, failure is not fatal unless you quit; getting knocked down is not embarrassing unless you allow it to keep you down."
"Politics disabuses a person of the notion that you can please everybody. It is an inescapable fact that people will always have different opinions, and some people are going to disagree. Sooner or later, a person constructs his or her own "platform" and stands on it, regardless of what others think, say, or do. It is also true that some people delight in another person's demise."
"I decided this early on at Justice: if the traditional way was the most effective way of doing something, then we'd maintain it. But if it was not functioning at optimum levels, we would be doing the country a disservice by continuing to do things "like we've always done them.""
"It wasn't that people were antagonistic; it was more that they were accustomed to doing their work in a certain way, and change always causes some people to be uncomfortable."
"I'm convinced that faith is a matter of inspiration, not a matter of imposition. It is something a person models rather than mandates. Faith does not impose itself on other people. Imposition usually sacrifices somebody else; it seeks to injure or extort others. This is what the terrorist does in an attempt to impose his religion on the world."
"It is not enough that we have a guilty defendant. We must have an innocent system as well."
"To me, capital punishment is a form of societal self-defense. It should not be employed indiscriminately, but in cases of the most heinous crimes, the death penalty may be the only appropriate punishment. Some people believe it is right to take a life to save the life of someone else, but they would not vote to take the life of a convicted criminal, no matter how horrible the crime. Others believe that killing another person for any reason is simply wrong. I respect those opinions, but I disagree with them. I'm convinced that government has a duty to promote community defense. The death penalty, when applied in appropriate cases, can be a strong deterrent to crime. It is certainly a deterrent to the convicted criminal sentenced to death, and it is also a deterrent to other potential capital offenders."
"I have to chuckle sometimes when I am painted as "hard-nosed." In truth, our Justice Department wasn't nearly as aggressive as Roosevelt's. And our respect for civil liberties was far more extensive than the response following Pearl Harbor. Yes, we were tough, but we always operated within the law; it was never our policy or practice to detain any noncombatant without charges. In our conduct, we never approached the limits of the law as closely as Roosevelt did."
"Do not allow your sorrow or your rage to become hostility toward people on the basis of their ethnicity or their religious views. That is unacceptable; it is out of bounds, and if you break the law, we will prosecute you for it."
"Soldiers defending a country at war are not subject to the rules of procedure designed for court trials. For example, if a soldier encounters an enemy, under internationally agreed upon rules of war, that soldier can take whatever action is necessary to protect himself and neutralize his enemy, whether it involves capturing and detaining the enemy or killing him on the spot."
"Since lives and liberties depend upon clarity, not obfuscation, and reason, not hyperbole, let me take this opportunity today to be clear: Each action taken by the Department of Justice, as well as the war crimes commissions considered by the president and the Department of Defense, is carefully drawn to target a narrow class of individuals- terrorists. Our legal powers are targeted at terrorists. Our investigation is focused on terrorists. Our prevention strategy targets the terrorist threat."
"We need honest, reasoned debate; not fear-mongering. To those who pit Americans against immigrants, and citizens against non-citizens; to those who scare peace-loving people with phantoms of lost liberty; my message to you is this: Your tactics only aid terrorists- for they erode our national unity and diminish our resolve. They give ammunition to America's enemies, and pause to America's friends. They encourage people of good will to remain silent in the face of evil."
"Doing what is right in the face of adversity is not always easy or popular. Critics may assail you, but the critics don't always realize what they don't know or don't understand, because they don't have access to all the information."
"Some people in our country seem more concerned about respecting the dignity and privacy of criminals and terrorists than they are about having an airport full of people obliterated, or a completely booked hotel blown to bits. Perhaps they think, Let's not get so upset about attacks on our embassies or military bases. Maybe, they surmise, the terrorists have good reason for attacking us. We have no right to be harassing innocent people in our country. For some people, not even the grotesque images that filled our television screens after al Qaeda's blatant attacks on 9/11 seem enough to wake them out of their utopia feel-good world."
"How sad, that the group with the most access to the truth chose in several strategic instances to look the other way."
"Simply put, international terrorism made international cooperation mandatory rather than elective. Collective security has become the only real security against the hydra-headed monster of international terror."
"The goal of terror is not traditional territorial enlargement; rather the war target of the terrorist is the dismemberment of the will of the community it terrorizes."
"We must remain constantly vigilant. We dare not underestimate our enemy. Al Qaeda is committed to the destruction of America, and they are in it for the long haul. They are much smarter than many give them credit for being, and they are definitely much more patient than the pace of our fast-food society conditions us to be. Their commitment does not depend on bin Laden or any other single leader."
"recently the Attorney General made another astonishing claim, that there were Pakistani terrorists possibly coming on these boats from Haiti. No one has ever seen a Pakistani coming on a boat from Haiti yet. Ashcroft couldn’t even name one case."
"Former attorney general John Ashcroft mocked librarians and the ALA, accusing them and other administration critics of fueling "baseless hysteria" about the government's use of the PATRIOT Act to pry into the public's reading habits."
"The worst mistake a boss can make is not to say "well done"."
"The Irish were not wanted there [when his grandfather came to Boston]. Now an Irish Catholic is president of the United States … There is no question about it. In the next 40 years a Negro can achieve the same position that my brother has. … We have tried to make progress and we are making progress … we are not going to accept the status quo. … The United States Government has taken steps to make sure that the constitution of the United States applies to all individuals."
"I thought they'd get one of us, but Jack, after all he'd been through, never worried about it.... I thought it would be me."
"To say that the future will be different from the present is, to scientists, hopelessly self-evident. I observe regretfully that in politics, however, it can be heresy. It can be denounced as radicalism, or branded as subversion. There are people in every time and every land who want to stop history in its tracks. They fear the future, mistrust the present, and invoke the security of a comfortable past which, in fact, never existed. It hardly seems necessary to point out in California - of all States -- that change, although it involves risks, is the law of life."
"One-fifth of the people are against everything all the time."
"The problem of power is how to achieve its responsible use rather than its irresponsible and indulgent use — of how to get men of power to live for the public rather than off the public."
"In the words of the old saying, every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on."
"What is objectionable, what is dangerous about extremists is not that they are extreme, but that they are intolerant. The evil is not what they say about their cause, but what they say about their opponents."
"Ultimately, America's answer to the intolerant man is diversity, the very diversity which our heritage of religious freedom has inspired."
"The free way of life proposes ends, but it does not prescribe means."
"Just because we cannot see clearly the end of the road, that is no reason for not setting out on the essential journey. On the contrary, great change dominates the world, and unless we move with change we will become its victims."
"When there were periods of crisis, you stood beside him. When there were periods of happiness, you laughed with him. And when there were periods of sorrow, you comforted him."
"Now I can go back to being ruthless again."
"About one-fifth of the people are against everything all the time."
"A revolution is coming — a revolution which will be peaceful if we are wise enough; compassionate if we care enough; successful if we are fortunate enough — But a revolution which is coming whether we will it or not. We can affect its character; we cannot alter its inevitability."
"Few will have the greatness to bend history itself; but each of us can work to change a small portion of events, and in the total of all those acts will be written the history of this generation."
"In my judgment, the slogan "black power" and what has been associated with it has set the civil rights movement back considerably in the United States over the period of the last several months."
"I expect one of the prices we pay for democracy is there are going to be differences. We pay a price but we get something very important in return."
"He has borne the burdens few other men have borne in the history of the world, without hope or desire or thought to escape them. He has sought consensus but he has never shrunk from controversy. He has gained huge popularity but he has never failed to spend it in the pursuit of his beliefs or in the interest of his country."
"Tragedy is a tool for the living to gain wisdom, not a guide by which to live."
"Gross National Product counts air pollution and cigarette advertising, and ambulances to clear our highways of carnage. It counts special locks for our doors and the jails for the people who break them. It counts the destruction of the redwood and the loss of our natural wonder in chaotic sprawl. It counts napalm and counts nuclear warheads and armored cars for the police to fight the riots in our cities. It counts Whitman's rifle and Speck's knife, and the television programs which glorify violence in order to sell toys to our children. Yet the gross national product does not allow for the health of our children, the quality of their education or the joy of their play. It does not include the beauty of our poetry or the strength of our marriages, the intelligence of our public debate or the integrity of our public officials. It measures neither our wit nor our courage, neither our wisdom nor our learning, neither our compassion nor our devotion to our country, it measures everything in short, except that which makes life worthwhile. And it can tell us everything about America except why we are proud that we are Americans."
"Every dictatorship has ultimately strangled in the web of repression it wove for its people, making mistakes that could not be corrected because criticism was prohibited."
"He has called on the best that was in us. There was no such thing as half-trying. Whether it was running a race or catching a football, competing in school—we were to try. And we were to try harder than anyone else. We might not be the best, and none of us were, but we were to make the effort to be the best. "After you have done the best you can", he used to say, "the hell with it"."
"Something about the fact that I made some contribution to either my country, or those who were less well off. I think back to what Camus wrote about the fact that perhaps this world is a world in which children suffer, but we can lessen the number of suffering children, and if you do not do this, then who will do this? I'd like to feel that I'd done something to lessen that suffering."
"Are we like the God of the Old Testament, that we in Washington can decide which cities, towns, and hamlets in Vietnam will be destroyed? Do we have to accept that? I don't think we do. I think we can do something about it."
"I called him because it made me so damned angry to think of that bastard sentencing a citizen for four months of hard labor for a minor traffic offense and screwing up my brother's campaign and making our country look ridiculous before the world."
"This is a Day of Affirmation, a celebration of liberty. We stand here in the name of freedom. At the heart of that Western freedom and democracy is the belief that the individual man, the child of God, is the touchstone of value, and all society, groups, the state, exist for his benefit. Therefore the enlargement of liberty for individual human beings must be the supreme goal and the abiding practice of any Western society. The first element of this individual liberty is the freedom of speech: the right to express and communicate ideas, to set oneself apart from the dumb beasts of field and forest; to recall governments to their duties and obligations; above all, the right to affirm one's membership and allegiance to the body politic — to society — to the men with whom we share our land, our heritage, and our children's future."
"Hand in hand with freedom of speech goes the power to be heard, to share in the decisions of government which shape men's lives. Everything that makes man's life worthwhile — family, work, education, a place to rear one's children and a place to rest one's head — all this depends on the decisions of government; all can be swept away by a government which does not heed the demands of its people, and I mean all of its people. Therefore, the essential humanity of men can be protected and preserved only where government must answer — not just to the wealthy, not just to those of a particular religion, or a particular race, but to all its people. And even government by the consent of the governed, as in our own Constitution, must be limited in its power to act against its people; so that there may be no interference with the right to worship, or with the security of the home; no arbitrary imposition of pains or penalties by officials high or low; no restrictions on the freedom of men to seek education or work or opportunity of any kind, so that each man may become all he is capable of becoming. These are the sacred rights of Western society."
"The road toward equality of freedom is not easy, and great cost and danger march alongside us. We are committed to peaceful and nonviolent change, and that is important for all to understand — though all change is unsettling. Still, even in the turbulence of protest and struggle is greater hope for the future, as men learn to claim and achieve for themselves the rights formerly petitioned from others. And most important of all, all of the panoply of government power has been committed to the goal of equality before the law, as we are now committing ourselves to the achievement of equal opportunity in fact. We must recognize the full human equality of all of our people before God, before the law, and in the councils of government. We must do this, not because it is economically advantageous, although it is; not because the laws of God command it, although they do; not because people in other lands wish it so. We must do it for the single and fundamental reason that it is the right thing to do."
"All do not develop in the same manner, or at the same pace. Nations, like men, often march to the beat of different drummers, and the precise solutions of the United States can neither be dictated nor transplanted to others. What is important is that all nations must march toward increasing freedom; toward justice for all; toward a society strong and flexible enough to meet the demands of all its own people, and a world of immense and dizzying change."
"Only earthbound man still clings to the dark and poisoning superstition that his world is bounded by the nearest hill, his universe ends at river shore, his common humanity is enclosed in the tight circle of those who share his town or his views and the color of his skin. It is — It is your job, the task of young people in this world, to strip the last remnants of that ancient, cruel belief from the civilization of man."
"Each nation has different obstacles and different goals, shaped by the vagaries of history and of experience. Yet as I talk to young people around the world I am impressed not by the diversity but by the closeness of their goals, their desires and their concerns and their hope for the future."
"I think that we could agree on what kind of a world we would all want to build. it would be a world of independent nations, moving toward international community, each of which protected and respected the basic human freedoms. It would be a world which demanded of each government that it accept its responsibility to insure social justice. It would be a world of constantly accelerating economic progress — not material welfare as an end in itself, but as a means to liberate the capacity of every human being to pursue his talents and to pursue his hopes. It would, in short, be a world that we would be proud to have built."
"The help and the leadership of South Africa or of the United States cannot be accepted if we, within our own country or in our relationships with others, deny individual integrity, human dignity, and the common humanity of man. If we would lead outside our borders, if we would help those who need our assistance, if we would meet our responsibilities to mankind, we must first, all of us, demolish the borders which history has erected between men within our own nations — barriers of race and religion, social class and ignorance. Our answer is the world's hope; it is to rely on youth. The cruelties and the obstacles of this swiftly changing planet will not yield to obsolete dogmas and outworn slogans. It cannot be moved by those who cling to a present which is already dying, who prefer the illusion of security to the excitement and danger which comes with even the most peaceful progress. This world demands the qualities of youth: not a time of life but a state of mind, a temper of the will, a quality of the imagination, a predominance of courage over timidity, of the appetite for adventure over the love of ease."
"First, is the danger of futility: the belief there is nothing one man or one woman can do against the enormous array of the world's ills — against misery, against ignorance, or injustice and violence. Yet many of the world's great movements, of thought and action, have flowed from the work of a single man. A young monk began the Protestant Reformation, a young general extended an empire from Macedonia to the borders of the earth, and a young woman reclaimed the territory of France. It was a young Italian explorer who discovered the New World, and 32-year-old Thomas Jefferson who proclaimed that all men are created equal. "Give me a place to stand," said Archimedes, "and I will move the world." These men moved the world, and so can we all."
"Few will have the greatness to bend history, but each of us can work to change a small portion of the events, and then the total — all of these acts — will be written in the history of this generation."
"It is from numberless diverse acts of courage and belief that human history is shaped. Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring those ripples build a current which can sweep down the mightiest walls of oppression and resistance."
"The second danger is that of expediency: of those who say that hopes and beliefs must bend before immediate necessities. Of course, if we must act effectively we must deal with the world as it is. We must get things done. But if there was one thing that President Kennedy stood for that touched the most profound feeling of young people around the world, it was the belief that idealism, high aspirations, and deep convictions are not incompatible with the most practical and efficient of programs — that there is no basic inconsistency between ideals and realistic possibilities, no separation between the deepest desires of heart and of mind and the rational application of human effort to human problems. It is not realistic or hardheaded to solve problems and take action unguided by ultimate moral aims and values, although we all know some who claim that it is so. In my judgment, it is thoughtless folly. For it ignores the realities of human faith and of passion and of belief — forces ultimately more powerful than all of the calculations of our economists or of our generals. Of course to adhere to standards, to idealism, to vision in the face of immediate dangers takes great courage and takes self-confidence. But we also know that only those who dare to fail greatly, can ever achieve greatly."
"And a third danger is timidity. Few men are willing to brave the disapproval of their fellows, the censure of their colleagues, the wrath of their society. Moral courage is a rarer commodity than bravery in battle or great intelligence. Yet it is the one essential, vital quality of those who seek to change a world which yields most painfully to change."
"For the fortunate amongst us, the fourth danger, my friends, is comfort, the temptation to follow the easy and familiar paths of personal ambition and financial success so grandly spread before those who have the privilege of an education. But that is not the road history has marked out for us. There is a Chinese curse which says, "May he live in interesting times." Like it or not we live in interesting times. They are times of danger and uncertainty; but they are also more open to the creative energy of men than any other time in history. And everyone here will ultimately be judged — will ultimately judge himself — on the effort he has contributed to building a new world society and the extent to which his ideals and goals have shaped that effort."
"Ladies and Gentlemen, I'm only going to talk to you just for a minute or so this evening, because I have some very sad news for all of you, and, I think, sad news for all of our fellow citizens, and people who love peace all over the world; and that is that Martin Luther King was shot and was killed tonight in Memphis, Tennessee."
"Martin Luther King dedicated his life to love and to justice between fellow human beings. He died in the cause of that effort. In this difficult day, in this difficult time for the United States, it's perhaps well to ask what kind of a nation we are and what direction we want to move in. For those of you who are black -- considering the evidence evidently is that there were white people who were responsible -- you can be filled with bitterness, and with hatred, and a desire for revenge. We can move in that direction as a country, in greater polarization -- black people amongst blacks, and white amongst whites, filled with hatred toward one another. Or we can make an effort, as Martin Luther King did, to understand, and to comprehend, and replace that violence, that stain of bloodshed that has spread across our land, with an effort to understand, compassion, and love. [...] But we have to make an effort in the United States. We have to make an effort to understand, to get beyond, or go beyond these rather difficult times."
"My favorite poet was Aeschylus. He wrote: "In our sleep, pain which cannot forget falls drop by drop upon the heart until, in our own despair, against our will, comes wisdom through the awful grace of God.""
"What we need in the United States is not division; what we need in the United States is not hatred; what we need in the United States is not violence and lawlessness, but is love, and wisdom, and compassion toward one another, and a feeling of justice toward those who still suffer within our country, whether they be white or whether they be black."
"And let's dedicate ourselves to what the Greeks wrote so many years ago: to tame the savageness of man and make gentle the life of this world. Let us dedicate ourselves to that, and say a prayer for our country and for our people."
"The victims of the violence are black and white, rich and poor, young and old, famous and unknown. They are, most important of all, human beings whom other human beings loved and needed. No one — no matter where he lives or what he does — can be certain who will suffer from some senseless act of bloodshed. And yet it goes on and on and on in this country of ours."
"What has violence ever accomplished? What has it ever created? No martyr's cause has ever been stilled by an assassin's bullet. No wrongs have ever been righted by riots and civil disorders. A sniper is only a coward, not a hero; and an uncontrolled, uncontrollable mob is only the voice of madness, not the voice of reason. Whenever any American's life is taken by another American unnecessarily — whether it is done in the name of the law or in the defiance of the law, by one man or a gang, in cold blood or in passion, in an attack of violence or in response to violence — whenever we tear at the fabric of the life which another man has painfully and clumsily woven for himself and his children, the whole nation is degraded."
"Yet we seemingly tolerate a rising level of violence that ignores our common humanity and our claims to civilization alike. We calmly accept newspaper reports of civilian slaughter in far-off lands. We glorify killing on movie and television screens and call it entertainment. We make it easy for men of all shades of sanity to acquire whatever weapons and ammunition they desire."
"Too often we honor swagger and bluster and wielders of force; too often we excuse those who are willing to build their own lives on the shattered dreams of others. Some Americans who preach non-violence abroad fail to practice it here at home. Some who accuse others of inciting riots have by their own conduct invited them. Some look for scapegoats, others look for conspiracies, but this much is clear: violence breeds violence, repression brings retaliation, and only a cleansing of our whole society can remove this sickness from our soul."
"For there is another kind of violence, slower but just as deadly destructive as the shot or the bomb in the night. This is the violence of institutions; indifference and inaction and slow decay. This is the violence that afflicts the poor, that poisons relations between men because their skin has different colors. This is the slow destruction of a child by hunger, and schools without books and homes without heat in the winter. This is the breaking of a man's spirit by denying him the chance to stand as a father and as a man among other men. And this too afflicts us all."
"When you teach a man to hate and fear his brother, when you teach that he is a lesser man because of his color or his beliefs or the policies he pursues, when you teach that those who differ from you threaten your freedom or your job or your family, then you also learn to confront others not as fellow citizens but as enemies, to be met not with cooperation but with conquest; to be subjugated and mastered. We learn, at the last, to look at our brothers as aliens, men with whom we share a city, but not a community; men bound to us in common dwelling, but not in common effort. We learn to share only a common fear, only a common desire to retreat from each other, only a common impulse to meet disagreement with force."
"Yet we know what we must do. It is to achieve true justice among our fellow citizens. The question is not what programs we should seek to enact. The question is whether we can find in our own midst and in our own hearts that leadership of humane purpose that will recognize the terrible truths of our existence. We must admit the vanity of our false distinctions among men and learn to find our own advancement in the search for the advancement of others. We must admit in ourselves that our own children's future cannot be built on the misfortunes of others. We must recognize that this short life can neither be ennobled or enriched by hatred or revenge."
"Our lives on this planet are too short and the work to be done too great to let this spirit flourish any longer in our land. Of course we cannot vanquish it with a program, nor with a resolution. But we can perhaps remember, if only for a time, that those who live with us are our brothers, that they share with us the same short moment of life; that they seek, as do we, nothing but the chance to live out their lives in purpose and in happiness, winning what satisfaction and fulfillment they can. Surely, this bond of common faith, this bond of common goal, can begin to teach us something. Surely, we can learn, at least, to look at those around us as fellow men, and surely we can begin to work a little harder to bind up the wounds among us and to become in our own hearts brothers and countrymen once again."
"There are those that look at things the way they are, and ask why? I dream of things that never were, and ask why not?"
"For many, in a society that seems always to crave new myths and new idols, Robert F. Kennedy is a rapidly fading memory a quarter-century after his death, brittle with age. For many others, the third of the nation that was not yet born when he was killed, there is no first-hand memory at all. But to a remarkable number of Americans, Robert Kennedy remains a vivid presence, the archetype of the charismatic leader. Visiting Indian reservations, campaigning for Cesar Chavez, talking to children in Appalachia, pledging himself to stand shoulder-to-shoulder with blacks in their crusade for equal rights, he had an ability, rare in a glib and shallow trade, to convey real compassion. Often words would fail him and he would run them together or just move his mouth while nothing came out. Sometimes he would cry."
"He had a slashing, vengeful political style, and many could never forget that he had worked for Joseph R. McCarthy as a young man, or the way he browbeat -- indeed, all but blackmailed -- Gov. Michael V. DiSalle to throw Ohio behind John F. Kennedy in the 1960 Presidential nominating race. Robert Kennedy knew about that streak in himself, and he knew that others knew about it, too. His defense was to mock himself. He wrote this to a friend in Vietnam: "I'm spending a lot of time defending you against all the people back here who keeps saying you're too ruthless." Yet often he seemed frail and vulnerable, as at the 1964 Democratic convention in Atlantic City, when he stood on the podium as the great throng beneath cheered and cheered, for his slain brother but for him, too."
"This week, as in the days after Robert Kennedy's death, people kept asking the same unanswerable question: Had he lived, would he have defeated Hubert H. Humphrey for the Democratic Presidential nomination, and if so, would he have beaten Richard M. Nixon? What is clear is that after the assassination, the country took a turn toward more conservative policies that have persisted since. Social justice and the end of the war in Vietnam were long postponed. The "final and bitter irony in the murder of Robert Kennedy," James Reston wrote in The New York Times on June 9, 1968, was that "instead of the new man he wanted for a new age, we are getting the two most familiar candidates in the race, and instead of reassuring the dissatisfied elements of the nation, we are rewarding the satisfied." But even death does not absolutely close such issues, and now some of Robert Kennedy's younger acolytes, like Peter Edelman and Eli Segal, have moved into the Clinton Administration, to try once again to put into effect some of the ideas he espoused."
"In Margolick’s formulation, the greatest tragedy of 1968 lies in the political devastation wreaked by the dual assassinations of King on April 4 and Kennedy on June 6. In the short span of eight weeks, the country lost its most imaginative moral leader and its most progressive politician — and with their passings the chance of a meaningful national renewal all but disappeared. This calculus of loss rests on the supposition that the two men shared enough ideology and political motivation to foster a close working relationship following a Kennedy victory in the 1968 (or perhaps 1972) election. We can only speculate about the probability of such a victory or the nature of a hypothetical Robert Kennedy administration — or about how the administration would have addressed matters of war, poverty and social justice with King advising the new president either openly or behind the scenes. But the author’s projection of such a progressive alliance is intriguing."
"Interestingly, Margolick, a contributing editor at Vanity Fair, demonstrates that a solid M.L.K./R.F.K. combination would have been unthinkable at the beginning of the decade. He devotes much of the book to a painstaking reconstruction of each man’s evolving moral and political consciousness — a dual narrative that reveals convergence but very little evidence of a developing relationship, either personal or public. Kennedy and King were neither friends nor formal political allies. While they had known each other since October 1960, when Robert Kennedy had phoned a Georgia judge to plead for King’s release from jail, their subsequent personal contact was limited to a few cursory meetings and phone calls. Indeed, during their last four years they seem to have met only once, at a congressional subcommittee hearing on urban poverty."
"In a year that seemed determined to shake Americans’ confidence in the foundations of their society, Kennedy’s death at 1:44 a.m. Pacific time on June 6, 25 hours after he was shot, was one of the biggest inflection points. Sirhan Sirhan’s bullets not only demolished the hope for a savior candidate who would unite a party so fractured that its incumbent, President Lyndon B. Johnson, had decided not to seek re-election. Coming just two months after the assassination of the Rev. Dr. Martin Luther King Jr., they also fueled a general sense — not entirely unfamiliar today — that the nation had gone mad; that the normal rules and constants of politics could no longer be counted on."
"Certainly, there is no denying that history would have been different if Kennedy had survived to win in November, and especially if he had managed to fulfill a campaign pledge to quickly wind down the Vietnam War. "If he gets to be president, then there’s no Nixon," said Peter Edelman, a professor at Georgetown University’s law school who worked as a legislative assistant to Kennedy. "I know this as much as anybody could know, because he was gone, but he had every intention of ending the war right away." "And of course then there’s no Watergate," he added. This is the rosiest version of what could have been: plausible, but unprovable. Perhaps the better question is not what would have happened if Kennedy hadn’t been assassinated — inherently speculative — but what did happen because he was. His death had a powerful and immediate effect on the American political psyche, intensified by its proximity to King’s. Why, many people asked, should they continue to pursue change peacefully, through the ballot box and nonviolent protest, when two of the biggest evangelists of that approach had been gunned down?"
"Thurston Clarke, author of The Last Campaign: Robert F. Kennedy and 82 Days That Inspired America, said a direct line could be drawn between Kennedy’s assassination and the social breakdown of August 1968. “What happened at the Democratic convention, which was terribly wounding for years to come — I can’t believe there would have been that kind of protest and that kind of violence if Kennedy had been the presumptive or actual nominee,” he said. As one segment of a disillusioned populace turned to violence, another retreated from politics altogether. Kennedy’s death "really did persuade many people to seek private solutions, to retreat, to achieve a kind of personal redemption, and that had a very, very long-lasting effect on American life," Dr. Baker said, pointing to the Back to the Land movement and cult phenomena like Jonestown. "People just turned away from the public square and said that any kind of national reconciliation and progress was hopeless through the political process." Voter turnout in 1968 was only slightly lower than in previous elections: 60.7 percent of the voting-age population that year, compared with 61.4 percent in 1964 and 62.8 percent in 1960, according to the Census Bureau. But moving forward, it fell off a cliff, into the mid- and low 50s, and didn’t rebound for decades. When Mr. Clarke was promoting his book in 2008, he said, he spoke with many readers who told him that Kennedy’s death "still haunted them.""
""I heard again and again that they felt the loss of Bobby Kennedy more keenly even than the loss of John F. Kennedy — that they felt the country would have been even more different had Robert Kennedy been president than if John F. Kennedy had lived."
"(How has the city changed over the decades?) In the 70's we were so engaged - that's a hard one for me, to try not to discount the losses, to see what is hopeful. I feel a lot of times that we've lost leadership. There's no Cesar Chavez or Robert Kennedy. We've lost the great inspiring role models that gave us ideas about a bigger self. We started to value the celebrity, the person who got his."
"It was a great shock to me-I want to say this on the air-that the Attorney General did not know-Mr. Robert Kennedy-that I would have trouble convincing my nephew to go to Cuba, for example, to liberate the Cubans in the name of a government which now says it is doing everything it can do but cannot liberate me."
"(What are your present feelings about Robert Kennedy? Do you think he has changed? What do you think of him as a presidential candidate?) Robert Kennedy has made enormous progress along those lines he deems most desirable, and will almost certainly-especially considering the enormous proportion of women in the United States who have almost nothing to do but vote-be our President one day. I am curious indeed to know if he will then find it expedient to visit any American state and inform them that "apartheid is evil.""
"the whole political structure in Washington is partly designed to protect the Southern oligarchy. And Bobby Kennedy's much more interested in politics than he is in any of these things, and so for that matter, is his brother. And furthermore, even if Bobby Kennedy were a different person, or his brother, they are also ignorant, as most white Americans are, of what the problem really is, of how Negroes really live. The speech Kennedy made to Mississippi the night Meredith was carried there was one of the most shameful performances in our history. Because he talked to Mississippi as if there were no Negroes there. And this had a terrible, demoralizing, disaffecting effect on all Negroes everywhere. One is weary of being told that desegregation is legal. One would like to hear for a change that it is right! Now, how one begins to use this power we were talking about earlier is a very grave question, because first of all you have to get Eastland out of Congress and get rid of the power that he wields there. You've got to get rid of J. Edgar Hoover and the power that he wields. If one could get rid of just those two men, or modify their power, there would be a great deal more hope. How in the world are you going to get Mississippi Negroes to go to the polls if you remember that most of them are extremely poor, most of them almost illiterate, and that they live under the most intolerable conditions? They are used to it, which is worse, and they have no sense that they can do anything for themselves. If six Negroes go to the polls and get beaten half to death, and one or two die, and nothing happens from Washington, how are you going to manage even to get the ballot?"
"His message, his voice, his attitude, his every appearance and intent were clear. He sought to make America great again."
"McCarthy was a Republican. The Democrats, however, have skeletons in their own closet and it's worth remembering them, too. For example, Democrat Woodrow Wilson's Attorney General, A. Mitchell Palmer, who was just as rabid an anti-Communist as McCarthy, did far more to repress free speech and political freedom than McCarthy ever attempted. It wasn't a Republican president who locked up thousands of loyal Americans of Japanese descent in concentration camps for years. It was Democrat Franklin D. Roosevelt. And it wasn't a Republican who wiretapped and snooped on Dr. Martin Luther King, Jr., but Democrats John F. Kennedy and his brother Robert, who signed the order as Attorney General."
"We should all express our thanks to Senator Robert Kennedy for his constant work on behalf of the poor, for his personal encouragement to me, and for taking time to break bread with us today."
"He would dare us to leave yesterday and embrace tomorrow."
"We still strive to answer his insistent challenge to do good and to do better."
"In a time of division, more than any American, he bridged those gaps, reaching out to starving families in the Mississippi Delta and to factory workers in Chicago, to migrant workers in Northern California and struggling teens in Harlem. He touched their lives. And just as important, they touched his."
"We had the impression that Bobby was simply Jack's ruffian. Jack could sit above it. Bobby was the one who wanted action. There was an intense dislike in CIA for Bobby."
"Well, I think there was always a very close relationship between him and Bob Kennedy, an unusually close relationship. I think we all relied...Bob Kennedy did a very fine job as general counsel for the committee in conducting these investigations. He exhibited complete lack of any fear. He exhibited a complete indifference to the time and the energy he put in his work. And he was of material assistance not only to Jack Kennedy but to every other member of the committee. I think he relied very much on Bob's judgment."
"He sat down there on the side of the bed in an old broken-down building. Tears were running down his cheeks. I knew he cared. I can just see him sitting there and crying. The man had no vanity."
"Few politicians who fail to win the presidency are subsequently judged to be giants in our history. Among the select few are Robert F. Kennedy, Barry Goldwater and Hubert H. Humphrey in the 20th century; Henry Clay, Daniel Webster and John C. Calhoun in the 19th century; and William Jennings Bryan, who straddled the two. There would certainly be lively debate about other political figures who deserve inclusion on such a list, and many non-politicians have earned places in our national story far more exalted than those of middling presidents and elected officials. As John McCain's contemporaries, we may be ill-positioned to insist with certainty that he will join the likes of Kennedy, Bryan and Clay as figures who were profoundly consequential though the White House eluded them."
"The poll-tax fight, in which Ted deployed all those strengths, had shown Ted's new heightened sense of purpose; the Morrissey affair, a lowered one. 'That was a difference between Ted and Bobby. Bobby could be passionate for his causes and personally invested in them, but he would never have been caught between his sense of personal obligation and his political duties, his lower and higher senses of purpose, which is precisely why he jettisoned Morrissey, despite his father's entreaties. Ted often would be caught because he had a difficult time distinguishing between the two. For Ted, the personal often was the political, as it had been in both the poll-tax and the Morrissey battles. Bobby would never have fought for Morrissey. Ted would never not have."
"Now Bobby wanted to restore that authority, wanted to help return the country to its better angels. When he talked about the weakening of liberalism, he was talking about policy but also about this: Liberalism had subsisted on moral authority, on helping the poor and weak and voiceless and marginalized. He felt it could not survive otherwise. Neither, he thought, could America. And so Bobby Kennedy wasn't running for president to topple Lyndon Johnson or to change policy or even to help the people he so desperately wanted to help. He wasn't running to bring rationality to governance, as dispassionate Eugene McCarthy seemed to be doing, or to depersonalize government after Johnson, and John Kennedy for that matter, had personalized it. Bobby Kennedy, whose own mother had called him sanctimonious, felt he was running to save the nation's soul."
"The thing is, John and Bobby Kennedy are eternally young. The Democrats are trying to show us how young, and with it they are by reminding us of how things were 30 years ago."
"When Bobby Kennedy went after organized crime in the early 1960s, one of the things he learned was that the Mafia had a series of rituals new members went through to declare their loyalty and promise they’d never turn away from their new benefactors. Once in, they’d be showered with money and protection, but they could never leave and even faced serious problems if they betrayed the syndicate."
"He never had a case in his life. He never argued in a courtroom. If you make him assistant secretary of defense, he'll have a lot of power. It's an appropriate job for a guy who has never done a damn thing."
"A child playing in a Dresden china shop."
"Every four years, we've been bitterly frustrated by the failure of our candidates for the White House to live up to RFK's standards. Now that I am much older, I realize what I should have known in 1968 -- that Robert Kennedy was irreplaceable."
"To reach these swing voters, progressive populists like Bernie Sanders say they will fight for working-class interests against a rigged system, while right-wing populists like Donald Trump say, among other things, that they respect the values of working-class people in a way that liberals don’t. But a half-century ago, a champion of civil rights offered a third approach: a liberalism without elitism and a populism without racism. In a remarkable 82-day campaign, Senator Robert F. Kennedy ran in several Democratic presidential primaries and was able to forge a powerful coalition of working-class whites and blacks, even as race riots were raging across the country, and at a time when whites were far more bigoted than they are today."
"A half-century later, how could progressives try to rebuild the Bobby Kennedy coalition? Kennedy’s appeal was based in part on being the brother of a revered and martyred president, of course, and the most salient issues were different in 1968 than they are today. But Kennedy stressed fundamental themes that travel across time and transcend specific policy issues. First, to appeal to a sizable number of white working-class voters in 1968, Kennedy did not forfeit his basic principles or change his positions on civil rights, or war and peace — and neither should progressives today. Ignoring the rights of women, gay people and people of color is both morally wrong and politically stupid if your aspiration is an inclusive populism. Second, progressives should fight for economic justice in a manner that is relentless rather than episodic. On the campaign trail, Kennedy consistently hit themes of economic inequality and named the names of wealthy individuals, like the oil tycoon H. L. Hunt, who paid little in taxes. By contrast, in the final weeks leading up to the 2016 election, Hillary Clinton de-emphasized economic issues in favor of attacks on Mr. Trump’s qualifications, according to research by Democracy Corps and the Roosevelt Institute, and his support among white non-college voters rose considerably. Progressives also need to vigorously punish Wall Street malfeasance. It is difficult to imagine that Kennedy, a tough prosecutor, would have argued, as some members of the Obama administration did, that some companies are "too big to jail." Third, progressives should explicitly signal the inclusion of working-class whites in their vision for change by applying civil rights laws to issues of class inequality, consistent with Kennedy’s view that “poverty is closer to the root of the problem than color.” I have long argued that we should extend the Civil Rights Act to prohibit discrimination against workers of all races engaged in labor organizing; integrate elementary and secondary schools not only by race but also by socioeconomic status; combat discrimination in housing by economic status as well as race; and adopt affirmative action programs in higher education for economically disadvantaged students of every color. Fourth, progressives could adopt policies that respect the values of working-class people under the banner of patriotic populism, as Kennedy did. They should unapologetically champion a strong American identity around the shared values espoused in the Declaration of Independence as an antidote to exclusionary white nationalism. An inclusive patriotic populism would be much more racially tolerant than Mr. Trump’s white nationalism, and it would be tougher on national and domestic security than the populism offered by Mr. Sanders. If Robert Kennedy, the civil rights champion, could attract Wallace voters at a time of national chaos, surely the right progressive candidate with the right message could bring a significant portion of the Obama-Trump voters back home. Doing so would not only bring electoral success but also make it easier to forge a more economically progressive public policy to address America’s dangerous economic divide."
"My brother need not be idealized, or enlarged in death beyond what he was in life; to be remembered simply as a good and decent man, who saw wrong and tried to right it, saw suffering and tried to heal it, saw war and tried to stop it."
"His death left a vacuum that has not been filled. He had a capacity to reach out to disparate groups in our society: black and white, young and old, middle‐class and poor, blue‐collar workers and intellectuals. There is no political figure now, and none on the horizon, with whom so many Americans can identify."
"Robert Kennedy rejected comfort. He chose to be an uncomfortable man. It would have embarrassed him to hear such things said about himself. But he believed that individuals can make a difference if they care, and people knew he did. I think much would be different if he had lived."
"My father never retreated from shining a light on racial injustice. He forced hard conversations to play out in public, and pursued policies like the Voting Rights Act to specifically address the systemic racism plaguing our society. He realized that racism itself divided our country."
"Robert Kennedy accomplished an extraordinary feat in his last campaign by uniting blacks and working whites in a way that no American politician has since been able to replicate."
"The world had watched Bobby growing a little every day in 1968 - the muttering family runt who became a little more clear-spoken, a little more inspired, with every interview, each appearance, campaigning with an energy and determination rare in American politics, through crowds with signs that said "Kiss Me Bobby" and who ripped off his shoes and clothing as though he were a rock star. He became so good at television that Abbie Hoffman enviously called him "Hollywood Bobby." Hoffman said with frustration, "Gene wasn't much. One could secretly cheer for him the way you cheer for the Mets. It's easy knowing he can never win. But Bobby...Every night we would turn on the TV et and there was the young knight with long hair, holding out his hand... When young longhairs told you how they heard that Bobby turned on, you knew Yippie! was really in trouble." Tom Hayden, not given to admiring candidates from the political establishment, wrote "And yet, in that year of turmoil, I found that the only intriguing politician in America was the younger brother of John F. Kennedy." Yevtushenko had described Kennedy's eyes as "two blue clots of will and anxiety." When Kennedy met the Russian poet, Yevtushenko proposed a toast and wanted to smash the glasses. Kennedy, being not at all Russian, wanted to substitute some cheaper glasses. But cheap glasses are thick, and those, slammed to the floor, did not break, which the Russian poet took as a frightening bad omen. Everyone could see the doom that Lowell wrote was "woven in" his nerves. So could he. When he learned of his brother's assassination, he said that he had expected it to be himself. His brother's widow, Jackie, had feared that he would be next and told historian Arthur Schlesinger at a dinner party, "Do you know what I think will happen to Bobby? The same thing that happened to Jack." Only two weeks before he was shot, he had a conversation with French writer Romain Gary in which, according to Gary, Kennedy said, "I know there will be an attempt on my life sooner or later. Not so much for political reasons, but through contagion, through emulation.""
"First was the political question, could he win? It was often said that he would be shot if it looked as if he would win. On June 4 he won the California primary, defeating McCarthy 45 to 42 percent, with Humphrey drawing only 12 percent of the vote. At that moment he had finally overcome McCarthy's considerable lead. He had only to outmaneuver Hubert Humphrey at the Chicago convention. "And now it's on to Chicago, and let's win there," he said. Minutes later he was shot in the head, strangely while taking an unplanned shortcut through the kitchen because admirers had blocked the planned exit path. And there in the kitchen, on the unplanned route, was a man waiting with a handgun. He had been shot by someone named Sirhan Sirhan, an odd appellation that made no sense to American ears. Unsatisfactory answers started coming. A Jordanian, an Arab from occupied Jordan, a Palestinian, but not in the old sense of a militant. Not an Arab with an agenda—no agenda. A displaced person who seemed mentally unstable. We learned who killed him, but we never found out why. Now that Kennedy was gone, who would be the next front-runner, and would he too be killed? "There is no God but death," Ferlinghetti wrote in a poem to Kennedy that he read the day he was buried. All the candidates, Democrats and Republicans, none so much as McCarthy, who seemed to have withdrawn from the race, knew that they could be next. Norman Mailer, who attended both party conventions, observed that all of the candidates had become uneasy-looking when in crowds. The most likely victim was already dead, the federal government decided it had to do more to protect the other seven. Robert Kennedy's assassination would have failed if the Secret Service had been guarding him, because they would have cleared the kitchen before he entered. One hundred and fifty Secret Service agents were attached to the remaining candidates, which had little impact on Hubert Humphrey or George Wallace because they were already heavily guarded. But it was a huge change for Eugene McCarthy, who had never even had a bodyguard."
"I was the East Coast distributor of involved. I ate it, drank it, and breathed it. Then they killed Martin, then they killed Bobby, elected Tricky Dick twice, and people like you must think I'm miserable because I'm not involved anymore. Well, I've got news for you. I spent all my misery years ago. I have no more pain for anything. I gave at the office."
"I come to this with tremendous humility. I was only seven when Bobby Kennedy died. Many of the people in this room knew him as brother, as husband, as father, as friend. I knew him only as an icon."
"People who believe that while evil and suffering will always exist, this is a country that has been fueled by small miracles and boundless dreams – a place where we’re not afraid to face down the greatest challenges in pursuit of the greater good; a place where, against all odds, we overcome. Bobby Kennedy was one of these people."
"And Kennedy’s was not a pie-in-the-sky-type idealism either. He believed we would always face real enemies, and that there was no quick or perfect fix to the turmoil of the 1960s. Rather, the idealism of Robert Kennedy – the unfinished legacy that calls us still – is a fundamental belief in the continued perfection of American ideals."
"As a U.S. Senator from New York and a presidential candidate, Robert F. Kennedy had the rhetorical ability to distill complex social ills into coherent moral stands. Whether he was talking about apartheid in South Africa during his trip there in June 1966, breaking a fast with Cesar Chavez in Delano, California, expressing the nation’s grief after Martin Luther King, Jr. was killed, or calling for an end to the Vietnam War, Robert Kennedy’s words could cut through social boundaries and partisan divides in a way that seems nearly impossible today."
"Bobby, in my view, was an unprincipled sinister little bastard."
"Robert Kennedy's service to his country, his commitment to his great ideals, and his devotion to those less fortunate than himself are matters now for history and need little explanation from me. The facts of Robert Kennedy's public career stand alone. He roused the comfortable. He exposed the corrupt, remembered the forgotten, inspired his countrymen, and renewed and enriched the American conscience."
"And it is in the final triumph of Robert Kennedy that he used his personal gifts to bring this message of hope and love to the country, to millions of Americans who supported and believed in him. "Come my friends," he liked to quote the Tennyson lines, "it's not too late to seek a newer world." And this is how we should remember him, beyond the distinguished public service or our own sadness that he is gone. His friend, composer John Stuart, said about him what he said about the first fallen Kennedy and about us: that when a chill wind takes the sky, we should remember the years he gave us hope, for they can never die."
"Steel also argues that Robert Kennedy's nomination was still far from a sure thing, even after he won the California primary. Thus the popular notion that assassination prevented another Kennedy presidency is seen as largely false. Steel paints Robert as much more conservative than the liberal, even radical movement he sought to lead. But his huge appeal is rooted in the fact that he was a troubled man in a troubled time. "The Bobby Myth," he concludes, "is our creation, not his." Steel makes Robert seem less than we remember; Clymer makes Teddy more important than we may have thought."
"But why is there such yearning, and why should it focus on him? The nation is not experiencing any great crisis, and has not since the Watergate episode in the mid-1970s, and arguably not since the Vietnam War. Furthermore, Robert Kennedy is a curious figure for the role of messiah. He was attorney general for only a thousand days and a U.S. Senator for not much longer. He is not remembered for any single great achievement during that time. When admirers look back upon his career they speak more of what he would have accomplished than of what he actually did. He was a receptacle into which a dissatisfied people have put their frustrated emotions and longings. Yet this has in no way diminished his impact."
"The young man never says please. He never says thank you, he never asks for things, he demands them."
"I wish people would stop turning him into Mother Theresa."
"A right is not what someone gives you; it's what no one can take from you."
"The measure of your quality as a public person, as a citizen, is the gap between what you do and what you say."
"There are few better measures of the concern a society has for its individual members and its own well being than the way it handles criminals."
"A great many people in this country are worried about law-and-order. And a great many people are worried about justice. But one thing is certain: You cannot have either until you have both."
"The consistent underlying psychology of the United States, which has held the lead in nuclear war capability and capacity throughout these 40 [now 75] years, should be understandable to anyone who has ever known a violent neighborhood bully. The government of Americans means to have its way through the use and threatened to use of superior force. It will lie. It will deceive. It will kill. It will escalate the threat and use of force to the highest level it dares. It will bluff, dangerous as that can be. It will do whatever is must to dominate. It does this in the face of the fact that its very preparation for a nuclear war may destroy all life. American war planners busily devised strategies for crippling the Soviet Union with revealing names like BROILER, FROLIC, SIZZLE, SHAKEDOWN, DROPSHOT, and VULTURE. The number of Soviet targets to be destroyed grew in number from 20 cities in December 1945 to 200 cities in 1949 and to 3261 total targets by 1957. The number of times the use of nuclear weapons has been contemplated by Americans is unbearable."
"What is to be said of leaders with the mental acuity and moral perceptions revealed by these disclosed words and deeds? They are at best enemies of life without understanding. Psychologically, they disconnect all feeling for the beauty of the planet — a rose, an impala in motion, a baby’s hand, a Confucian analect, a Bach cantata, a parable of Jesus, pilgrims bathing in the Ganges, a crowd watching a soccer game in Rio, the subway in Moscow, the skyline in Manhattan. They cannot think or feel about the human meaning of what they do.,, A single Trident II submarine can inflict more death than all prior wars in history. Twenty-four missiles, launched while submerged, each with seventeen independently targeted, maneuverable nuclear warheads five times more powerful than the atom bomb that destroyed Nagasaki, can travel 5,000 nautical miles to strike within 300 feet of 408 predetermined targets. Nuclear winter might follow even if no other weapons are used. No nation or individual can be permitted to possess the power to destroy the world. An imperative need is for an informed and active public struggling for its right to survive. Public ignorance and apathy is “as much a concern for survival of the species as the unthinkable power to destroy the world wielded by a few men in a mindless manner”"
"American aggression had already created incalculable levels of “misery for the world”; that “the poor of the planet made poorer, dominated and exploited by the foreign policies of the U.S. and its rich allies;” that “the U.S. invasion of Iraq was a war of aggression, an offense called ‘the supreme international crime’ in the Nuremberg Judgment."
"You know, the Nuremberg Tribunal called the war of aggression the supreme international crime, and it is. And George W. Bush has waged a war of aggression against Iraq. He’s killed more than 100,000 people. Are their lives worth nothing? Can we have a moment of silence in memory of all the people who have died in Iraq because of the criminal acts of George W. Bush in waging this war of aggression? Every moment of their lives is fraught with danger right now because of us. The world is the most dangerous place it’s ever been now because of what our country has done, and is doing, and we have to take it back. We can’t wait four more years. There can’t be any more Fallujahs. Fallujah is the 21st century equivalent of Guernica. We just went in and destroyed that city, drove the people out, killed them, thousands. We don’t know how many. They won’t even bother to count who’s been killed or how many, or estimate how many. They just keep killing. Almost every day we’re reading about another checkpoint where some family got wiped out because they didn’t do what they were supposed to do, according to the military there."
"Abu Ghraib is unbelievable in the innocent times of 1961, that we would torture people that way, and on the instructions of the president of the United States and his highest legal advisers. “Torture is OK,” they said. “Go for it, fellas.” If we can’t renounce that and remove it from office, then the Constitution doesn’t work anymore... We’ve got to do more than take back the Constitution. There has to be accountability for what’s happened. The Constitution says that the president, vice president and other officials of the United States shall be removed from office upon impeachment for and conviction of high crimes and misdemeanors.... If you care about the Constitution, you better start talking to your member of the House of Representatives and say impeachment now is essential to the integrity of the United States government and to the future of the United States. We’ve had more than 500,000 people sign on “Vote to Impeach.” We need to get 5 million, and we need to get 5 million on there quick. And then the Congress will react."
"The world is the most dangerous place it's ever been now because of what our country has done, and is doing, and we have to take it back."
"There can't be any more Fallujahs. Fallujah is the 21st century equivalent of Guernica. We just went in and destroyed that city, drove the people out, killed them, thousands. We don't know how many."
"He (Saddam) had this huge war going on, and you have to act firmly when you have an assassination attempt."
"I think we're destroying higher education by making it high-tech rather than high-humanity. What we need to do is realize that we now have the capacity to produce more than we need with fewer and fewer people working at it. We need to spend more time on the humanitarian side of how we live together in peace, how we learn to love each other, how we benefit from studying different cultures and different histories, and enriching ourselves as individuals that way, rather than just pressing for money and fame... It's a dead-end road that will destroy us. We don't need all those jobs, you know. We need to build a public throughout the world that has a better understanding of fundamental values, and history, and culture, and not in high-tech manufacturing of unnecessary necessities."
"Ramsey Clark, who championed civil rights and liberties as attorney general in the Johnson administration, then devoted much of the rest of his life to defending unpopular causes... died on Friday at his home in Manhattan. He was 93... Mr. Clark... shunned a government limousine in favor of his own beat-up Oldsmobile, set an ambitiously liberal course as attorney general.. He filed the first lawsuit to force a school district — Dale County, Ala. — to desegregate or else lose its federal school aid. He went on to file the first voting rights and school desegregation suits in the North.... He oversaw the drafting of the landmark Civil Rights Act of 1968 — better known as the Fair Housing Act — which addressed housing discrimination... Mr. Clark went into private legal practice and soon devoted more and more of his time to representing the disadvantaged and the unpopular, including Alaskan Natives, war resisters, rioters at the Attica prison in New York State and Lyndon LaRouche... In 1972...Mr. Clark... publicly criticized American conduct of the [Vietnam] war. ... In 2011, he condemned NATO’s bombing campaign against Qaddafi’s government. In 2013, he said Iran had no intention of building a nuclear bomb and denounced sanctions against that country. Later, he protested lethal attacks by unmanned American drone aircraft on other nations... In 2008, the United Nations General Assembly awarded Mr. Clark its Prize in the Field of Human Rights, which it gives every five years to human rights defenders."
"Mr. Clark often told voters what they did not want to hear. He advocated gun control legislation in speeches to hunters and told defense industry workers that their plants should be closed... Mr. Clark was the author or co-author of several books, including “The Fire This Time: U.S. War Crimes in the Gulf” (1992) and “The Torturer in the Mirror” (2010)... He was also one of the most quotable public figures of his generation, many of his pronouncements tending toward aphoris.."
"It is likely that well before Clark took his bizarre positions in support of highly repressive, violent, and intolerant political systems and their leaders, he came to the conclusion that the United States was the most dangerous and reprehensible source of evil in the world. This overarching belief led to the reflexive sympathy and support for all the enemies and alleged victims of the United States. They include dictators of different ideological persuasion noted above, whose inhumane qualities and policies Clark was unable to discern or acknowledge, let alone condemn. It was sufficient for Clark's moral accounting that if these dictators were opposed to (and allegedly victimized by) the United States, they deserved and earned his sympathy.""
"The civil libertarians among us would rather defend the Constitution than protect our nation’s security."
"This country does not discriminate. No president, no officer in this country should hold office that has any hint of treating people differently because of the color of their skin or where they came from and that kind of thing. We believe in equality and fair treatment and that's the moral principle that we adhere to as a nation."
"I love that program (asset forfeiture). We had so much fun doing that, taking drug dealers' money and passing it out to people trying to put drug dealers in jail. What's wrong with that?"
"We don't pay judges to think; we pay judges to rule on the law."
"Senator Sessions has not demonstrated a commitment to a central requirement of the job -- to aggressively pursue the congressional mandate of civil rights, equal rights, and justice for all. In fact, at numerous times in his career, he has demonstrated a hostility toward these convictions, and has worked to frustrate attempts to advance these ideals."
"Everybody knows that the war on drugs, as has been fought since the 1980s, has had a disproportionate negative impact on specific community: black communities, Latino communities. Everyone knows that. So, what Jeff Sessions is doing is engaged in—or he’s advocating being engaged in racial discrimination. So let’s call Jeff Sessions what he is. Jeff Sessions is a racist, if he takes on this action. It’s clear. We know it. So let’s stop playing around with it. Jeff Sessions is allowing us or is using drug policy to separate the people who we like from the people who we don’t like. And it provides a way to go after those people we don’t like, usually poor minority folks, without explicitly saying we don’t like those people. And that’s how drug law—that’s how drug law or drug policy has been enforced in this country. And so, if we allow Sessions to turn back the hands of time, then shame on all of us. The blood is on all of our hands, because we know the consequences of his proposed actions...before 2012, we were arresting people for marijuana in Colorado, in Washington and those other states. We’re no longer doing that. Now we’re saying it’s OK. It was always OK. It’s just that our laws were not in line. Now we’re doing—now we’re arresting people for things like cocaine, heroin and those sorts of things, sending people to jail for extended periods of time. Now, this is not to say that we should legalize drugs. That’s not the argument here. We certainly should not be sending people to jail for those extended periods that Jeff Sessions is advocating for. And he’s doing so because he’s going after people who we don’t care for in the United States."
"we are all concerned about mass incarceration in the country today. If you want to know how we got there, right now what we’re doing, with people like Jeff Sessions and that guy in the White House, is how we got there. And they’re trying to ensure that we go back there, in part because it’s going to affect primarily, negatively affect, black people and brown people in this country. When I say “racist,” I mean when people who support policies and their behaviors are in such a way that one group disproportionately is unjustly treated. And that’s what we have going on right now. So when we have Jeff Sessions saying this sort of thing, the consequences will be racial discrimination. And he’s supporting that kind of policy or that action. That makes him a racist."
"Jeff Sessions, then-Attorney General of the United States, told prosecutors in May of 2018 to go after the children. "We need to take away children," Sessions said, according to notes of a meeting obtained by The New York Times, "If [you] care about kids, don't bring them in. Won't give amnesty to people with kids." The policy provoked a colossal public backlash, doing immense damage to the perception of the federal deportation machine, a bipartisan edifice erected by immigration hawks from both parties. (p 152 "Not the Right Way")"
"From the day the President announced my nomination as the Attorney General of the United States three months ago, I have thought often about how to best prepare to meet the awesome responsibilities of this office. Outside these walls, the cries of those powerless souls who are injured, disenfranchised or otherwise aggrieved may indeed be faint. But those same pleas for help echo powerfully within the Department of Justice. Every day, like a steady drumbeat we are asked to provide an answer to a problem, to secure a remedy, to be a champion — and every day this Department responds as it has done so time and time again throughout the history of our beloved America."
"America is my home — I believe in her promise and I will do what I can to secure that promise for future generations of our children. America is great — not because of our military might or our economic strength — but because of the greatness of Americans, and I welcome the opportunity to stand shoulder to shoulder, side by side with all of you to preserve our heritage rich in "liberty and justice for all.""
"President Washington, President Lincoln, President Wilson, President Roosevelt have all authorized electronic surveillance on a far broader scale."
"There is no express grant of habeas in the Constitution. There's a prohibition against taking it away."
"I consider myself a casualty, one of the many casualties of the war on terror."
"(Asked by John King about the political climate that existed in Washington at the time, and criticism of the Department of Justice under his management) Listen I don't expect an apology from men like Chuck Schumer, and I would put him and other individuals who were attacking me at the top of the list contributing to the low, low public perception of Congress, the integrity of Congress quite frankly."
"To achieve victory at the cost of eroding civil liberties would not really be a victory. We cannot change the core identity of our Nation and claim success. And our identity has never been in doubt — we are a free people, dedicated to liberty for the popular and the unpopular, committed to the ideal that the People govern themselves, and determined to have a government that cannot extinguish or suppress the rights that make us Americans."
"Free speech. Freedom of association. These values are repulsive to the radical Islamic terrorist. They fear them and suppress them whenever and wherever they can. Yet through those very means, we as a society are protective of that terrorist’s rights. This is ironic, but good. Because, as you well know, America has a unique responsibility to set the global standard for liberty and fair conduct. The world looks to us to set high standards for freedom, and we take that leadership role very seriously. Our commitment to leading by example – on issues from human rights to free speech – is strong. Indeed, other countries strike a different balance between security and freedom, both in the activities they punish as crimes, and in the procedures with which they do so. In some instances, our allies have adopted or utilized some counterterrorism tools that we have not adopted in the United States because doing so would abridge the civil liberties protected by our constitution."
"It is a myth that the Patriot Act empowers the government to be overly intrusive, giving it power that could someday be used to pry into innocent Americans’ personal lives. The fact is that the Patriot Act was born of a well-established criminal justice and national security structure as well as vibrant bi-partisan debate in Congress, both upon its establishment and its renewal. The Act was written to help the law enforcement and intelligence communities to protect Americans and fight the war on terror. It, in fact, answered the call of career, rank and file law enforcement to update our laws to match law-enforcement tools with modern technology. The Patriot Act simply ensures that law enforcement and national security personnel have the tools they need to keep us safe from terrorism — and in many cases those tools were already available to law enforcement in other contexts — while also ensuring that those tools are consistent with the Constitution and include appropriate safeguards against government over-reaching."
"The Patriot Act does not authorize the government to go into your house or read your mail without probable cause and a warrant. It does allow law enforcement and intelligence personnel to better share information and better coordinate with each other. It does give national security investigators tools like those criminal investigators have used for years. And it does update the law to keep up with evolving technology and increasingly sophisticated terrorists. Many of the tools in the Patriot Act are identical to those that have been used for years to investigate drug dealers and white-collar crime. They've been used effectively, and they've been used without an adverse impact on civil liberties. So criticism of the Patriot Act has always begged the question: if we can use these tools successfully and prudently in the area of dealing with, say, drug traffickers, why shouldn’t they be used in the war against terrorists who want to import chemical, biological or even nuclear weapons to inflict mass civilian casualties?"
"Torture is not tolerated by this country on the battlefield or off. Anyone who tortures or abuses a detainee tarnishes the service of every honorable student and soldier in this room today. The President has said this, and I will say it again: those who commit torture in the name of the United States government will be prosecuted. In any discussion of Guantanamo, detainees and military commissions, I think that one final fact helps put things in perspective — and that is the fact that members of al Qaeda are not merely common criminals. Some critics around the world have argued that they are “just” criminals, that their crimes somehow do not amount to war crimes. But here are the facts: al Qaeda seeks to employ weapons of mass slaughter as a means of achieving political goals against both the civilian and military capacity of the United States, Europe, and our allies throughout the world. Its members continue to fight our Armed Forces on battlefields around the world, and they will continue to do so until we stop them. Al Qaeda has committed acts on a scale that transcends mere crime, as recognized by NATO immediately after the attacks of September 11th. Their crimes are therefore nothing less than war crimes. Given the magnitude of the atrocities al Qaeda has committed, there can be no comparison between the crimes of its members and that of common civilian criminals."
"Today’s gathering is particularly important because I must speak bluntly and urgently, about the single most important part of our jobs: preventing terrorist attacks on American soil. Our success or failure in this endeavor will define in the eyes of some President Bush and his legacy. Right or wrong, this is a task that will also define my government career and, indeed, to some degree my professional life. It will be the legacy of every one of us who is serving in this Administration. Terrorists chose to attack us. But it is we who must now choose — today, tomorrow, the day after that and the day after that, until the end of our government service — to do everything in our powers to stop them from striking again."
"Because I worked at the White House on 9/11, I carry the memories and the pain of that day in a wound that is particularly deep — one that is very personal. Some of you were not in government on 9/11, and some are from parts of the country where people do not think much today about terrorism. I appreciate that some may not share the same sense of sadness and anger. But I must ask you to take on the perspective that President Bush and I had on September 11th and the days following — the brutal unprovoked murders of mothers and fathers — sons and daughters…the phone calls of desperate good byes…symbols of American wealth and power in flames and ruins. Five years have passed. I concede it may be difficult for some to stay committed to this mission — maintaining the necessary intensity and commitment — without that perspective."
"Dig deeply for the energy and the creativity that we need to continue this successful record of prevention — which is the goal of all goals when it comes to terrorism because we simply cannot and will not wait for the next terrorist act to occur before taking action. Continue to arm yourselves with the American ideals of hope and freedom — because they are so much stronger than terrorist ideals of fear and intolerance. Remind yourselves and your colleagues back in your offices — that for the sake of our children, we will prevail because we must."
"A strong and independent Judiciary is necessary for our republic to remain strong, for our democracy to survive, and for the rule of law to flourish. To understand what I mean by independence, let me first clarify what independence is not. Judicial independence does not mean complete freedom from scrutiny or criticism. Judges' decisions may be criticized, and the nature of the job virtually guarantees it. After all, in every court case there will be a loser. Judges must resist the temptation to craft their opinions to avoid criticism or to seek approval, whether from the press, the public, the academy, or Congress."
"Of course, the power and authority of courts — whether to improperly take policymaking power for themselves or to engage in legitimate decision making — is dependent upon the weight of their judgment. That is, it depends on their credibility with the public and the other branches of government. Judicial decisions are obeyed, in large part, because the judgment of the federal Judiciary is respected. But it is perhaps underappreciated that when courts apply an activist philosophy that stretches the law to suit policy preferences, they actually reduce the credibility and authority of the Judiciary. In so doing, they undermine the rule of law that strengthens our democracy. In contrast, a judge who humbly understands the role of the courts in our tripartite system of government decides cases based on neutral principles. He generally defers to the judgment of the political branches, and respects precedent – the collective wisdom of those who have gone before. In so doing, that judge strengthens respect for the Judiciary, upholds the rule of law, and permits the people — through their elected representatives — to make choices about the issues of the day."
"I also am concerned about judges who imagine they see everything in society addressed in the Constitution. It is worth remembering that the Constitution is a very brief document. It defines the structure and authority of the federal government and protects a limited list of sacred rights. It does not, and was never intended to, address every legal issue that might arise in our nation’s history. Democracy is well-served when the Court says, in effect, "the Constitution simply does not comment on this issue." In contrast, constitutionalizing an issue takes it out of the democratic process. If the people disagree with a court decision based on the law, they have a remedy in the political process. Through their elected representatives, they can change the law. But once a court declares a law to be unconstitutional or prohibits some agency action on constitutional grounds, it is limiting the options of the people. Such a step should be taken only where it is clear that the Constitution has truly spoken on the issue and forbidden what the political branches have determined to do."
"We want to determine whether he understands the inherent limits that make an unelected Judiciary inferior to Congress or the President in making policy judgments. That, for example, a judge will never be in the best position to know what is in the national security interests of our country."
"U.S. News: You criticize the Miranda ruling, which gives suspects the right to have a lawyer present before police questioning. Shouldn't people, who may be innocent, have such protection? Meese: Suspects who are innocent of a crime should. But the thing is, you don't have many suspects who are innocent of a crime. That's contradictory. If a person is innocent of a crime, then he is not a suspect."
"I was attorney general; my name is Meese. I say, go to college. Don't carry a piece."
"There are two tactical approaches for candidates seeking their party’s nomination in election campaigns. One is to strongly debate the issues and firmly advocate your positions, but to avoid personal attacks on your opponents or needless divisiveness. The other is to vigorously attack your fellow candidates, disparaging them personally and seeking to raise yourself up by dragging them down. Ronald Reagan was famous for epitomizing the former path. Donald Trump, unfortunately, has chosen to follow the latter course... At a time when the nation is suffering under one of the most divisive and incompetent presidents in history, our people need positive, unifying leadership, not negative, destructive political rhetoric."
"It's hard for me to see how members of al Qaeda could be considered prisoners of war. I think they clearly do not fit within the prescriptions of the Geneva Convention."
"Though this nation has proudly thought of itself as an ethnic melting pot, in things racial we have always been and continue to be, in too many ways, essentially a nation of cowards. Though race related issues continue to occupy a significant portion of our political discussion, and though there remain many unresolved racial issues in this nation, we, average Americans, simply do not talk enough with each other about race. It is an issue we have never been at ease with and given our nation’s history this is in some ways understandable. And yet, if we are to make progress in this area we must feel comfortable enough with one another, and tolerant enough of each other, to have frank conversations about the racial matters that continue to divide us."
"When you compare what people endured in the South in the 60s to try to get the right to vote for African Americans, and to compare what people were subjected to there to what happened in Philadelphia—which was inappropriate, certainly that…to describe it in those terms I think does a great disservice to people who put their lives on the line, who risked all, for my people."
"[I] can’t actually imagine a time in which the need for more diversity would ever cease. Affirmative action has been an issue since segregation practices. The question is not when does it end, but when does it begin [..] When do people of color truly get the benefits to which they are entitled?"
"It has come to my attention that you have now asked an additional question: ‘Does the President have the authority to use a weaponized drone to kill an American not engaged in combat on American soil?’" Holder wrote. "The answer to that question is no."
"Michelle [Obama] always says, ‘When they go low, we go high.’ No. When they [Republicans] go low, we kick them.""
""When I say we, you know, ‘We kick ‘em,’ I don’t mean we do anything inappropriate. We don’t do anything illegal. But we got to be tough, and we have to fight for the very things that [civil rights leaders] John Lewis, Martin Luther King, Whitney Young – you know, all those folks gave to us.”"
"Good afternoon. I would like to take the next few moments to address the two investigations that the Justice Department has been conducting in Ferguson, Missouri, these last several months. The matter that we are here to discuss is significant not only because of the conclusions the Department of Justice is announcing today, but also because of the broader conversations and the initiatives that those conversations have inspired across the country on the local and national level. Those initiatives have included extensive and vital efforts to examine the causes of misunderstanding and mistrust between law enforcement officers and the communities they serve; to support and strengthen our public safety institutions as a whole; and to rebuild confidence wherever it has eroded."
"Nearly seven months have passed since the shooting death of 18-year-old Michael Brown in Ferguson, Missouri. That tragic incident provoked widespread demonstrations and stirred strong emotions from those in the Ferguson area and around our nation. It also prompted a federal investigation by the U.S. Department of Justice, with the Criminal Section of the Civil Rights Division, the U.S. Attorney’s Office of the Eastern District of Missouri and the FBI seeking to determine whether this shooting violated federal civil rights law."
"The promise I made when I went to Ferguson and at the time that we launched our investigation was not that we would arrive at a particular outcome, but rather that we would pursue the facts, wherever they led. Our investigation has been both fair and rigorous from the start. It has proceeded independently of the local investigation that concluded in November. And it has been thorough: as part of a wide-ranging examination of the evidence, federal investigators interviewed and re-interviewed eyewitnesses and other individuals claiming to have relevant information and independently canvassed more than 300 residences to locate and interview additional witnesses."
"This morning, the Justice Department announced the conclusion of our investigation and released a comprehensive, 87-page report documenting our findings and conclusions that the facts do not support the filing of criminal charges against Officer Darren Wilson in this case. Michael Brown’s death, though a tragedy, did not involve prosecutable conduct on the part of Officer Wilson."
"This conclusion represents the sound, considered, and independent judgment of the expert career prosecutors within the Department of Justice. I have been personally briefed on multiple occasions about these findings. I concur with the investigative team’s judgment and the determination about our inability to meet the required federal standard."
"This outcome is supported by the facts we have found – but I also know these findings may not be consistent with some people’s expectations. To all those who have closely followed this case, and who have engaged in the important national dialogue it has inspired, I urge you to read this report in full."
"I recognize that the findings in our report may leave some to wonder how the department’s findings can differ so sharply from some of the initial, widely reported accounts of what transpired. I want to emphasize that the strength and integrity of America’s justice system has always rested on its ability to deliver impartial results in precisely these types of difficult circumstances – adhering strictly to the facts and the law, regardless of assumptions. Yet it remains not only valid – but essential – to question how such a strong alternative version of events was able to take hold so swiftly, and be accepted so readily."
"A possible explanation for this discrepancy was uncovered during the course of our second federal investigation, conducted by the Civil Rights Division to determine whether Ferguson Police officials have engaged in a widespread pattern or practice of violations of the U.S. Constitution or federal law."
"As detailed in our searing report – also released by the Justice Department today – this investigation found a community that was deeply polarized; a community where deep distrust and hostility often characterized interactions between police and area residents."
"A community where local authorities consistently approached law enforcement not as a means for protecting public safety, but as a way to generate revenue. A community where both policing and municipal court practices were found to disproportionately harm African American residents. A community where this harm frequently appears to stem, at least in part, from racial bias – both implicit and explicit. And a community where all of these conditions, unlawful practices, and constitutional violations have not only severely undermined the public trust, eroded police legitimacy, and made local residents less safe – but created an intensely charged atmosphere where people feel under assault and under siege by those charged to serve and protect them."
"Of course, violence is never justified. But seen in this context – amid a highly toxic environment, defined by mistrust and resentment, stoked by years of bad feelings, and spurred by illegal and misguided practices – it is not difficult to imagine how a single tragic incident set off the city of Ferguson like a powder keg. In a sense, members of the community may not have been responding only to a single isolated confrontation, but also to a pervasive, corrosive, and deeply unfortunate lack of trust – attributable to numerous constitutional violations by their law enforcement officials including First Amendment abuses, unreasonable searches and seizures, and excessive and dangerous use of force; exacerbated by severely disproportionate use of these tactics against African Americans; and driven by overriding pressure from the city to use law enforcement not as a public service, but as a tool for raising revenue."
"According to our investigation, this emphasis on revenue generation through policing has fostered unconstitutional practices – or practices that contribute to constitutional violations – at nearly every level of Ferguson’s law enforcement system. Ferguson police officers issued nearly 50 percent more citations in the last year than they did in 2010 – an increase that has not been driven, or even accompanied, by a rise in crime."
"As a result of this excessive reliance on ticketing, today, the city generates a significant amount of revenue from the enforcement of code provisions. Along with taxes and other revenue streams, in 2010, the city collected over $1.3 million in fines and fees collected by the court. For fiscal year 2015, Ferguson’s city budget anticipates fine revenues to exceed $3 million – more than double the total from just five years prior. Our review of the evidence, and our conversations with police officers, have shown that significant pressure is brought to bear on law enforcement personnel to deliver on these revenue increases. Once the system is primed for maximizing revenue – starting with fines and fine enforcement – the city relies on the police force to serve, essentially, as a collection agency for the municipal court rather than a law enforcement entity focused primarily on maintaining and promoting public safety. And a wide variety of tactics, including disciplinary measures, are used to ensure certain levels of ticketing by individual officers, regardless of public safety needs."
"As a result, it has become commonplace in Ferguson for officers to charge multiple violations for the same conduct. Three or four charges for a single stop is considered fairly routine. Some officers even compete to see who can issue the largest number of citations during a single stop – a total that, in at least one instance, rose as high as 14. And we’ve observed that even minor code violations can sometimes result in multiple arrests, jail time and payments that exceed the cost of the original ticket many times over."
"For example, in 2007, one woman received two parking tickets that – together – totaled $152. To date, she has paid $550 in fines and fees to the city of Ferguson. She’s been arrested twice for having unpaid tickets, and spent six days in jail. Yet she still – inexplicably – owes Ferguson $541. And her story is only one of dozens of similar accounts that our investigation uncovered."
"Over time, it’s clear that this culture of enforcement actions being disconnected from the public safety needs of the community – and often to the detriment of community residents – has given rise to a disturbing and unconstitutional pattern or practice. Our investigation showed that Ferguson police officers routinely violate the Fourth Amendment in stopping people without reasonable suspicion, arresting them without probable cause, and using unreasonable force against them. According to the Police Department’s own records, its officers frequently infringe on residents’ First Amendment rights. They interfere with the right to record police activities. And they make enforcement decisions based on the way individuals express themselves."
"Many of these constitutional violations have become routine. For instance, even though it’s illegal for police officers to detain a person – even briefly – without reasonable suspicion, it’s become common practice for officers in Ferguson to stop pedestrians and request identification for no reason at all. And even in cases where police encounters start off as constitutionally defensible, we found that they frequently and rapidly escalate – and end up blatantly and unnecessarily crossing the line."
"During the summer of 2012, one Ferguson police officer detained a 32-year-old African American man who had just finished playing basketball at a park. The officer approached while the man was sitting in his car and resting. The car’s windows appeared to be more heavily tinted than Ferguson’s code allowed, so the officer did have legitimate grounds to question him. But, with no apparent justification, the officer proceeded to accuse the man of being a pedophile. He prohibited the man from using his cell phone and ordered him out of his car for a pat-down search, even though he had no reason to suspect that the man was armed. And when the man objected – citing his constitutional rights – the police officer drew his service weapon, pointed it at the man’s head, and arrested him on eight different counts. The arrest caused the man to lose his job."
"Unfortunately, this event appears to have been anything but an isolated incident. Our investigation showed that members of Ferguson’s police force frequently escalate, rather than defuse, tensions with the residents they encounter. And such actions are sometimes accompanied by First Amendment violations – including arresting people for talking back to officers, recording their public activities, or engaging in other conduct that is constitutionally protected."
"This behavior not only exacerbates tensions in its own right; it has the effect of stifling community confidence that’s absolutely vital for effective policing. And this, in turn, deepens the widespread distrust provoked by the department’s other unconstitutional exercises of police power – none of which is more harmful than its pattern of excessive force."
"Among the incidents of excessive force discovered by our comprehensive review, some resulted from stops or arrests that had no legal basis to begin with. Others were punitive or retaliatory in nature. The police department’s routine use of Tasers was found to be not merely unconstitutional, but abusive and dangerous. Records showed a disturbing history of using unnecessary force against people with mental illness. And our findings indicated that the overwhelming majority of force – almost 90 percent – is directed against African Americans."
"This deeply alarming statistic points to one of the most pernicious aspects of the conduct our investigation uncovered: that these policing practices disproportionately harm African American residents. In fact, our review of the evidence found no alternative explanation for the disproportionate impact on African American residents other than implicit and explicit racial bias."
"Between October 2012 and October 2014, despite making up only 67 percent of the population, African Americans accounted for a little over 85 percent of all traffic stops by the Ferguson Police Department. African Americans were twice as likely as white residents to be searched during a routine traffic stop, even though they were 26 percent less likely to carry contraband. Between October 2012 and July 2014, 35 black individuals – and zero white individuals – received five or more citations at the same time. During the same period, African Americans accounted for fully 85 percent of the total charges brought by the Ferguson Police Department. African Americans made up over 90 percent of those charged with a highly-discretionary offense described as “Manner of Walking Along Roadway.” And the use of dogs by Ferguson police appears to have been exclusively reserved for African Americans; in every case in which Ferguson police records recorded the race of a person bit by a police dog, that person was African American."
"The evidence of racial bias comes not only from statistics, but also from remarks made by police, city and court officials. A thorough examination of the records – including a large volume of work emails – shows a number of public servants expressing racist comments or gender discrimination; demonstrating grotesque views and images of African Americans in which they were seen as the “other,” called “transient” by public officials, and characterized as lacking personal responsibility."
"I want to emphasize that all of these examples, statistics and conclusions are drawn directly from the exhaustive Findings Report that the Department of Justice has released. Clearly, these findings – and others included in the report – demonstrate that, although some community perceptions of Michael Brown’s tragic death may not have been accurate, the widespread conditions that these perceptions were based upon, and the climate that gave rise to them, were all too real."
"This is a reality that our investigators repeatedly encountered in their interviews of police and city officials, their conversations with local residents, and their review of thousands of pages of records and documents. This evidence pointed to an unfortunate and unsustainable situation that has not only severely damaged relationships between law enforcement and members of the community, but made professional policing vastly more difficult – and unnecessarily placed officers at increased risk. And today – now that our investigation has reached its conclusion – it is time for Ferguson’s leaders to take immediate, wholesale and structural corrective action. Let me be clear: the United States Department of Justice reserves all its rights and abilities to force compliance and implement basic change."
"The report from the Justice Department presents two sets of immediate recommendations – for the Ferguson Police Department and the Municipal Court. These recommendations include the implementation of a robust system of true community policing; increased tracking, review and analysis of Ferguson Police Department stop, search, ticketing and arrest practices; increased civilian involvement in police decision-making; and the development of mechanisms to effectively respond to allegations of officer misconduct. They also involve changes to the municipal court system including modifications to bond amounts and detention procedures; an end to the use of arrest warrants as a means of collecting owed fines and fees; and compliance with due process requirements. Ensuring meaningful, sustainable and verifiable reform will require that these and other measures be part of a court-enforceable remedial process that includes involvement from community stakeholders as well as independent oversight in order to remedy the conduct we have identified, to address the underlying culture we have uncovered, and to restore and rebuild the trust that has been so badly eroded."
"As the brother of a retired police officer, I know that the overwhelming majority of America’s brave men and women in law enforcement do their jobs honorably, with integrity, and often at great personal risk. I have immense regard for the vital role that they play in all of America’s communities – and the sacrifices that they and their families are too often called to make on behalf of their country. It is in great part for their sake – and for their safety – that we must seek to rebuild trust and foster mutual understanding in Ferguson and in all communities where suspicion has been allowed to fester. Negative practices by individual law enforcement officers and individual departments present a significant danger not only to their communities, but also to committed and hard-working public safety officials around the country who perform incredibly challenging jobs with unwavering professionalism and uncommon valor. Clearly, we owe it to these brave men and women to ensure that all law enforcement officials have the tools, training and support they need to do their jobs with maximum safety and effectiveness."
"Over the last few months, these goals have driven President Obama and me to announce a series of Administration proposals that will enable us to help heal mistrust wherever it is found – from a National Initiative for Building Community Trust and Justice, to a historic new Task Force on 21st Century Policing – which will provide strong, federal support to law enforcement at every level, on a scale not seen since the Johnson Administration. These aims have also led me to travel throughout the country – to Atlanta, Cleveland, Memphis, Chicago, Philadelphia, Oakland and San Francisco – to convene a series of roundtable discussions dedicated to building trust and engagement between law enforcement, civil rights, youth and community leaders from coast to coast."
"As these discussions have unfolded, I have repeatedly seen that – although the concerns we are focused on today may be particularly acute in Ferguson – they are not confined to any one city, state, or geographic region. They implicate questions about fairness and trust that are national in scope. And they point not to insurmountable divides between people of different perspectives, but to the shared values – and the common desire for peace, for security, and for public safety – that binds together police as well as protestors."
"Although dialogue, by itself, will not be sufficient to address these issues – because concrete action is needed – initiating a broad, frank, and inclusive conversation is a necessary and productive first step. In all of the Civil Rights Division’s activities in Ferguson – as in every pattern-or-practice investigation the Division has launched over the last six years – our aim is to help facilitate and inform this conversation; to make certain it leads to concrete action; and to ensure that law enforcement officers in every part of the United States live up to the same high standards of professionalism. It is clear from our work throughout the country—particularly the work of our Civil Rights Division—that the prospect of police accountability and criminal justice reform is an achievable goal; one that we can reach with law enforcement and community members at the table as full partners."
"Last August, when I visited Ferguson to meet with concerned citizens and community leaders, I made a solemn commitment: that the United States Department of Justice would continue to stand with the people there long after the national headlines had faded. This week, with the conclusion of our investigations into these matters, I again commit to the people of Ferguson that we will continue to stand with you and to work with you to ensure that the necessary reforms are implemented. And even as we issue our findings in today’s report, our work will go on."
"It will go on as we engage with the city of Ferguson – and surrounding municipalities – to reform their law enforcement practices and establish a public safety effort that protects and serves all members of the community. It will go on as we broaden this work, and extend the assistance of the Justice Department to other communities around the country. And it will go on as we join together with all Americans to ensure that public safety is not a burden undertaken by the brave few, but a positive collaboration between everyone in this nation. The report we have issued and the steps we have taken are only the beginning of a necessarily resource intensive and inclusive process to promote reconciliation, to reduce and eliminate bias, and to bridge gaps and build understanding. And in the days ahead, the Department of Justice will stay true to my promise, vigilant in its execution, and determined in the pursuit of justice—in every case, in every circumstance, and in every community across the United States. Thank you."
"Many persons believed, or pretended to believe, and confidently asserted, that freed slaves would not make good soldiers; they would lack courage, and could not be subjected to military discipline. Facts have shown how groundless were these apprehensions. The slave has proved his manhood, and his capacity as an infantry soldier, at Milliken's Bend, at the assault upon Port Hudson, and the storming of Fort Wagner. The apt qualifications of the colored man for artillery service have long been known and recognized by the naval service."
"There lies the most perfect ruler of men the world has ever seen. Now he belongs to the ages."
"Did Stanton say I was a damned fool? Then I dare say I must be one, for Stanton is generally right and he always says what he means."
"It seemed to be the policy of the Secretary of War to lose no opportunity to throw a stone at those who had made themselves prominent in the Rebellion. Even if Sherman had made a mistake, his great services entitled him to better treatment than he received at the hands of Mr. Stanton. How deeply he felt this treatment was shown when he arrived in Washington with his troops, and was invited upon the platform whence the President and his Cabinet were reviewing them. He deliberately refused to take Stanton's hand when the secretary stepped forward to greet him. It is now twenty years since the interesting events referred to took place; most of the actors in those scenes have gone to their final resting places. The passions which animated men in high places have died out, but Grant and Sherman still live, and are gratefully remembered by their countrymen for the invaluable services they rendered during the most trying times of the Republic's existence."
"The great crisis facing the country was the rebellion and anybody in the North who wanted to preserve the Union now found the principal enemy to be those Southern slave owners who had broken up the country. The institution which sustained them and the institution they went to war to defend was slavery. And more and more northerners became convinced of that. As a consequence, a lot of them went the whole way over, from being conservative, pro-Southern, pro-slavery Democrats to becoming radical Republicans. Benjamin Butler is a good example, and Edwin M. Stanton is another one."
"This kind of scheme to nullify the Constitution of the United States is one that all Americans, whatever their politics or party, should fear. If it prevails, it may become a model for action, in other areas, by other states and with respect to other constitutional rights and judicial precedents"
"The extraordinary circumstances here require the appointment of a special counsel for this matter. This appointment underscores for the public the department’s commitment to independence and accountability."
"The role of the court is to apply law to the facts of the case before it … not to legislate, not to arrogate to itself the executive power, not to hand down advisory opinion on the issues of the day."
"The constitution sets all three branches out as co-equal. The obligation of the judicial branch — as far back as the decision in Marbury v. Madison — is to review the constitutionality and legality of actions by the other branches. And that is its only job, to decide cases and controversies in front of it under article three."
"Well, of course I have great personal affection for the justice for whom I clerked, Justice Brennan."
"I would say the one for which — the most admiration, is the one I just mentioned, Justice John Marshall, Chief Justice John Marshall who decided Marbury v. Madison and so deciding established that the constitution is the supreme law of the land."
"Everybody, I think, who hopes to become a judge would aspire to be able to write as well as Justice Oliver Wendell Holmes. None are going to be able to attain that. But I’ll try at least — if confirmed to be as brief and pithy as he is."
"The great joy of being a prosecutor is that you don’t take whatever case walks in the door. You evaluate the case, you make your best judgement, you only go forward if you believe that the defendant is guilty. You may well be wrong, but you have done your best to ensure that as far as the evidence that you are able to attain, the person is guilty. It is the kind of even-handed balancing that a judge should undertake although of course a judge has the advantage of having somebody speak for the other side."
"I think there is no greater job anybody can have than having been a prosecutor."
"Because nothing has transpired in the last half-century to suggest that the national interest in public disclosure of lobbying information is any less vital than it was when the Supreme Court first considered the issue, we reject that challenge."
"If the CIA is the emperor, you're asking us to say the emperor has clothes when the emperor's bosses say that the emperor doesn't. I mean, how can you ask the court to say that at this point?"
"The CIA asked the courts to stretch that doctrine too far—to give their imprimatur to a fiction of deniability that no reasonable person would regard as plausible."
"But when I asked myself, as I often do: 'What would Judge Friendly have done?'"
"They tell you in Washington, that if you want a friend get a dog. Harry Truman said that. That is not true. Get a family. This is a hard place to be. No matter how much honor you have, people will attack you one way or the other. And the principle solace that you get is from your family. Because they’re behind you no matter what happens. So never forget about that. Whatever interests you have in your career, you have to balance it with a deep relationship with your family."
"The hard things are when you have to make your friends disappointed because you think you’re required, for example, by the law to do something that maybe is different than what you would do as a matter of public policy."
"For myself the balance came from always driving my children to school. So that every day we had that first half-hour, 45 minutes of nothing but uninterrupted time. Sometimes it was just a bunch of sarcasm. Sometimes it was just listening to the radio. But sometimes it was real explanation of what the kids were thinking what they were worried about."
"The most important thing that a clerk can do for a judge, I tell my clerks, is to prevent me from jumping off the cliff if I don’t want to. That is, sometimes I don’t realize there’s a cliff there at all, that the implications of what I’m doing are really totally wrong, and that sometimes it takes another person or two other people to warn me that you’re just not reading this case correctly, or you’re just not understanding the implications of what a decision in this way would be.”"
"As my parents taught me by both words and deeds, a life of public service is as much a gift to the person who serves as it is to those he is serving. And for me, there could be no higher public service than serving as a member of the United States Supreme Court."
"Trust that justice will be done in our courts without prejudice or partisanship is what, in a large part, distinguishes this country from others."
"People must be confident that a judge’s decisions are determined by the law, and only the law."
"For a judge to be worthy of such trust, he or she must be faithful to the Constitution and to the statutes passed by the Congress. He or she must put aside his personal views or preferences, and follow the law -- not make it."
"Fidelity to the Constitution and the law has been the cornerstone of my professional life, and it’s the hallmark of the kind of judge I have tried to be for the past 18 years. If the Senate sees fit to confirm me to the position for which I have been nominated today, I promise to continue on that course."
"This is the greatest honor of my life, other than Lynn agreeing to marry me 28 years ago. It's also the greatest gift I have ever received except, and there's another caveat, the birth of our daughters."
"As we begin a new year — and as we prepare to mark a solemn anniversary tomorrow – it is a fitting time to reaffirm that we at the Department of Justice will do everything in our power to defend the American people and American democracy. We will defend our democratic institutions from attack. We will protect those who serve the public from violence and threats of violence. We will protect the cornerstone of our democracy: the right to every eligible citizen to cast a vote that counts. And we will do all of this in a manner that adheres to the rule of law and honors our obligation to protect the civil rights and civil liberties of everyone in this country."
"The Justice Department remains committed to holding all January 6th perpetrators, at any level, accountable under law — whether they were present that day or were otherwise criminally responsible for the assault on our democracy. We will follow the facts wherever they lead. Because January 6th was an unprecedented attack on the seat of our democracy, we understand that there is broad public interest in our investigation. We understand that there are questions about how long the investigation will take, and about what exactly we are doing. Our answer is, and will continue to be, the same answer we would give with respect to any ongoing investigation: as long as it takes and whatever it takes for justice to be done — consistent with the facts and the law."
"Since I became attorney general, I have made clear that the Department of Justice will speak through its court filings and its work. Just now, the Justice Department has filed a motion in the Southern District of Florida to unseal a search warrant and property receipt relating to a court approved search that the FBI conducted earlier this week. That search was a premises located in Florida, belonging to the former president. The department did not make any public statements on the day of the search. The former president publicly confirmed the search that evening, as is his right. Copies of both the warrant and the FBI property receipt were provided on the day of the search to the former president's counsel, who was on site during the search. The search warrant was authorized by a federal court upon the required finding of probable cause. The property receipt is a document that federal law requires law enforcement agents to leave with the property owner. The department filed the motion to make public the warrant and receipt in light of the former president's public confirmation with the search, the surrounding circumstances and the substantial public interest in this matter."
"Faithful adherence to the rule of law is the bedrock principle of the Justice Department and of our democracy. Upholding the rule of law means applying the law evenly, without fear or favor. Under my watch, that is precisely what the Justice Department is doing. All Americans are entitled to the even handed application of the law, to due process of the law, and to the presumption of innocence. Much of our work is by necessity conducted out of the public eye. We do that to protect the constitutional rights of all Americans and to protect the integrity of our investigations. Federal law, long standing department rules and our ethical obligations prevent me from providing further details as to the basis of the search at this time. There are however, certain points I want you to know. First, I personally approved the decision to seek a search warrant in this matter. Second, the department does not take such a decision lightly. Where possible, it is standard practice to seek less intrusive means as an alternative to a search, and to narrowly scope any search that is undertaken. Third, let me address recent unfounded attacks on the professionalism of the FBI and Justice Department agents and prosecutors. I will not stand by silently when their integrity is unfairly attacked. The men and women of the FBI and the Justice Department are dedicated, patriotic public servants. Every day, they protect the American people from violent crime, terrorism and other threats to their safety, while safeguarding our civil rights. They do so at great personal sacrifice and risk to themselves. I am honored to work alongside them. This is all I can say right now. More information will be made available in the appropriate way and at the appropriate time."
"I want to provide clarity about what the job of the Justice Department is, and what it is not. Our job is to help keep our country safe. That includes working closely with local police departments and communities across the country to combat violent crime. In fact, today we are announcing the results of a recent U.S. Marshals operation conducted with state and local law enforcement. That operation targeted violent fugitives and resulted in 4,400 arrests across 20 cities in just three months. Our work also includes combating the drug cartels that are poisoning Americans. Last Friday, we extradited Ovidio Guzman Lopez, a leader of the Sinaloa Cartel, from Mexico to the United States. He is the son of El Chapo and one of more than a dozen cartel [leaders] we have indicted and extradited to the United States. Our job includes seeking justice for the survivors of child exploitation, human smuggling, and sex trafficking. And it includes protecting democratic institutions — like this one — by holding accountable all those criminally responsible for the January 6 attack on the Capitol. Our job is also to protect civil rights. That includes protecting our freedoms as Americans to worship and think as we please, and to peacefully express our opinions, our beliefs, and our ideas. It includes protecting the right of every eligible citizen to vote and to have that vote counted. It includes combating discrimination, defending reproductive rights under law, and deterring and prosecuting attacks, such as hate crimes. And our job is to uphold the rule of law. That means that we apply the same laws to everyone. There is not one set of laws for the powerful and another for the powerless; one for the rich, and one for the poor; one for Democrats, another for Republicans; or different rules, depending upon one’s race or ethnicity or religion."
"Our job is to pursue justice, without fear or favor. Our job is not to do what is politically convenient. Our job is not to take orders from the President, from Congress, or from anyone else, about who or what to criminally investigate. As the President himself has said, and I reaffirm today: I am not the President’s lawyer. I will also add I am not Congress’s prosecutor. The Justice Department works for the American people. Our job is to follow the facts and the law. And that is what we do. All of us recognize that with this work comes public scrutiny, criticism, and legitimate oversight. These are appropriate and important given the matters and the gravity of the matters before the Department. But singling out individual career public servants who are just doing their jobs is dangerous — particularly at a time of increased threats to the safety of public servants and their families. We will not be intimidated. We will do our jobs free from outside influence. And we will not back down from defending our democracy."
"Merrick is a very very smart and experienced attorney, but has a demeanor that is very soft spoken and considerate."
"I consider [Garland] a moderate and thoughtful and excellent judge."
"Judge Garland has a reputation for integrity."
"Mr. Garland seems to be well qualified and would probably make a good judge -- in some other court."
"I know him personally, I know of his integrity, I know of his legal ability, I know of his honesty, I know of his acumen, and he belongs on the court."
"President Obama and his allies may now try to pretend this disagreement is about a person. The decision the Senate announced weeks ago remains about a principle, not a person."
"Any time Judge Garland disagrees, you know you’re in a difficult area."
"By all accounts, he is a fine person and an able lawyer. He does have a very good job with the U.S. Department of Justice."
"Chief Judge Garland is a brilliant jurist who believes in and upholds the rule of law undergirding our constitutional republic."
"I have no doubt that Mr. Garland is a man of character and integrity."
"MADDOW: Do you have confidence in the Attorney General Garland`s judgment, and to his commitments, to finding a way to meeting the challenge this lawsuit"
"TRIBE: Very much. I`ve known him for years. He was my student. I know a lot of people would like him to move more quickly. I get impatient myself sometimes, and I haven`t been easy on him."
"I have very high regard for his intellect and his decency."
"I made the decision long ago that to be afraid would be to diminish my life."
"I'm not fancy. I'm what I appear to be."
"The good lawyer is the great salesman."
"I just try to do my best and make the best judgments I can."
"Just remember: strength and courage. If you stand on principle, you'll never lose."
"Until the day I die, or until the day I can't think anymore, I want to be involved in the issues that I care about."
"The pious ones of Plymouth who, reaching the Rock, first fell upon their knees and then upon the aborigines."
"In none of his ways has he the magnetism of a great speaker. He has a clear, sharp, ringing voice, though it is not powerful or musical. His action is sparing, but effective. In making his points he is lucid, precise and cogent, seldom rhetorical or ornamental. He has an easy colloquial way; he is never in haste and never hesitates. His style is classic in its correctness. His sentences are long and faultless, and freighted with words which show that profound thought is selecting felicitous vocabulary as it goes along. He has a fine humor, but it is the humor of cultivation, not the coarse fun of the vulgar. His appeal to the intelligence of juries are the highest in their tone, the broadest in their scope and the deepest in their power of any in modern times."
"Individual rights have been recognized by our jurisprudence only after long and costly struggles. They should not be struck down by anything less than the gravest necessity. We assent to their temporary suspension only to the extent that they constitute a clear and present danger to the effective prosecution of the war and only as a means of preserving those rights undiminished for ourselves and future generations. Before giving such an assent, therefore, we should be convinced of the existence of a reasonable necessity and be satisfied that the suspension is in accordance with the legislative intention."
"Common sense and justice dictate that a citizen accused of a crime should have the fullest hearing possible, plus the opportunity to present every reasonable defense. Only an unenlightened jurisprudence condemns an individual without according him those rights. Such a denial is especially oppressive where a full hearing might disclose that the administrative action underlying the prosecution is the product of excess wartime emotions."
"Experience demonstrates that in time of war individual liberties cannot always be entrusted safely to uncontrolled administrative discretion. Illustrative of this proposition is the remark attributed to one of the members of petitioner's local board to the effect that "I do not have any damned use for Jehovah's Witnesses." The presumption against foreclosing the defense of illegal and arbitrary administrative action is therefore strong."
"Criminal punishment for disobedience of an arbitrary and invalid order is objectionable regardless of whether the order be interlocutory or final."
"That an individual should languish in prison for five years without being accorded the opportunity of proving that the prosecution was based upon arbitrary and illegal administrative action is not in keeping with the high standards of our judicial system. Especially is this so where neither public necessity nor rule of law or statute leads inexorably to such a harsh result. The law knows no finer hour than when it cuts through formal concepts and transitory emotions to protect unpopular citizens against discrimination and persecution. I can perceive no other course for the law to take in this case."
"This exclusion of "all persons of Japanese ancestry, both alien and non-alien," from the Pacific Coast area on a plea of military necessity in the absence of martial law ought not to be approved. Such exclusion goes over "the very brink of constitutional power" and falls into the ugly abyss of racism."
"The judicial test of whether the Government, on a plea of military necessity, can validly deprive an individual of any of his constitutional rights is whether the deprivation is reasonably related to a public danger that is so "imme diate, imminent, and impending" as not to admit of delay and not to permit the intervention of ordinary constitutional processes to alleviate the danger. Civilian Exclusion Order No. 34, banishing from a prescribed area of the Pacific Coast "all persons of Japanese ancestry, both alien and non-alien," clearly does not meet that test. Being an obvious racial discrimination, the order deprives all those within its scope of the equal protection of the laws as guaranteed by the Fifth Amendment. It further deprives these individuals of their constitutional rights to live and work where they will, to establish a home where they choose and to move about freely. In excommunicating them without benefit of hearings, this order also deprives them of all their constitutional rights to procedural due process. Yet no reasonable relation to an "immediate, imminent, and impending" public danger is evident to support this racial restriction which is one of the most sweeping and complete deprivations of constitutional rights in the history of this nation in the absence of martial law."
"It must be conceded that the military and naval situation in the spring of 1942 was such as to generate a very real fear of invasion of the Pacific Coast, accompanied by fears of sabotage and espionage in that area. The military command was therefore justified in adopting all reasonable means necessary to combat these dangers. In adjudging the military action taken in light of the then apparent dangers, we must not erect too high or too meticulous standards; it is necessary only that the action have some reasonable relation to the removal of the dangers of invasion, sabotage and espionage. But the exclusion, either temporarily or permanently, of all persons with Japanese blood in their veins has no such reasonable relation. And that relation is lacking because the exclusion order necessarily must rely for its reasonableness upon the assumption that all persons of Japanese ancestry may have a dangerous tendency to commit sabotage and espionage and to aid our Japanese enemy in other ways. It is difficult to believe that reason, logic or experience could be marshalled in support of such an assumption."
"The main reasons relied upon by those responsible for the forced evacuation, therefore, do not prove a reasonable relation between the group characteristics of Japanese Americans and the dangers of invasion, sabotage and espionage. The reasons appear, instead, to be largely an accumulation of much of the misinformation, half-truths and insinuations that for years have been directed against Japanese Americans by people with racial and economic prejudices-the same people who have been among the foremost advocates of the evacuation.'"
"No one denies, of course, that there were some disloyal persons of Japanese descent on the Pacific Coast who did all in their power to aid their ancestral land. Similar disloyal activities have been engaged in by many persons of German, Italian and even more pioneer stock in our country. But to infer that examples of individual disloyalty prove group disloyalty and justify discriminatory action against the entire group is to deny that under our system of law individual guilt is the sole basis for deprivation of rights. Moreover, this inference, which is at the very heart of the evacuation orders, has been used in support of the abhorrent and despicable treatment of minority groups by the dictatorial tyrannies which this nation is now pledged to destroy. To give constitutional sanction to that inference in this case, however well-intentioned may have been the military command on the Pacific Coast, is to adopt one of the cruelest of the rationales used by our enemies to destroy the dignity of the individual and to encourage and open the door to discriminatory actions against other minority groups in the passions of tomorrow."
"No adequate reason is given for the failure to treat these Japanese Americans on an individual basis by holding investigations and hearings to separate the loyal from the disloyal, as was done in the case of persons of German and Italian ancestry. Yet nearly four months elapsed after Pearl Harbor before the first exclusion order was issued; nearly eight months went by until the last order was is sued; and the last of these "subversive" persons was not actually removed until almost eleven months had elapsed. Leisure and deliberation seem to have been more of the essence than speed. And the fact that conditions were not such as to warrant a declaration of martial law adds strength to the belief that the factors of time and military necessity were not as urgent as they have been represented to be."
"Any inconvenience that may have accompanied an attempt to conform to procedural due process cannot be said to justify violations of constitutional rights of individuals."
"I dissent, therefore, from this legalization of racism. Racial discrimination in any form and in any degree has no justifiable part whatever in our democratic way life. It is unattractive in any setting but it is utterly revolting among a free people who have embraced the principles set forth in the Constitution of the United States. All residents of this nation are kin in some way by blood or culture to a foreign land. Yet they are primarily and necessarily a part of the new and distinct civilization of the United States. They must accordingly be treated at all times as the heirs of the American experiment and as entitled to all the rights and freedoms guaranteed by the Constitution."
"Murphy fought against discrimination in many forms. He was the first justice to include the word "racism" in an opinion, in his vehement dissent in Korematsu v. United States (1944). In Falbo v. United States (1944), he wrote, "The law knows no finer hour than when it cuts through formal concepts and transitory emotions to protect unpopular citizens against discrimination and persecution.""