• Genre
  • About
  • Submissions
  • Donate
  • Search
Menu

Speakola

All Speeches Great and Small
  • Genre
  • About
  • Submissions
  • Donate
  • Search

Robert Mueller: 'You may find yourself standing alone', Thomas Jefferson Foundation Medal in Law - 2013

August 14, 2018

12 April 2013, University of Virginia,

Good morning. Thanks to Dean Mahoney for having me here today. It is good to be back in Charlottesville at one of the best law schools—one could argue the best law school—in the country. I say that remembering what I found unique about this school 40 years ago.

Then, as now, UVA was different from other law schools. Rather than simply teaching the basic tenets of the law, it sought to provide the foundation for future leadership.

As you have heard, I came to the law school from the Marine Corps, with a tour in Vietnam. As you all know, the Vietnam War was deeply divisive for our country, and there were a number of law schools that were not receptive to veterans of Vietnam. Not so UVA.

The university was looking for a range of experiences, understanding that a true legal education is an amalgam of the law and of values, with the goal of preparing its students for service—service to the country, service to Virginia, and service to others.

Then, as now, a variety of views were represented. Many of my fellow students—good friends—opposed the war in Vietnam.

I do remember that on the first day of classes, I sat down next to a somewhat scruffy classmate. I still had a Marine Corps hair cut and was dressed rather neatly. He had hair down to his shoulders, a Fu Manchu mustache, and was dressed in a grubby t-shirt and shorts…and he was not wearing shoes. He never wore shoes.

I very quickly came to find out that he was a conscientious objector. He did not pay much attention in class and seemed to be there for the ride.

At least that is what I believed until the first grades were posted. He was at the top of the class, while I was lingering somewhere in the middle.

We actually became fast friends, and our debates fostered mutual respect and a sharing of vision. Ironically, he is now a very well-paid antitrust lawyer, while I have spent most of my career in some form of public service.

The qualities that drew me to UVA all those years ago are the qualities that have made UVA such a unique institution. And for me, these qualities are what make receiving the Thomas Jefferson Foundation Medal in Law such a special honor.

Today, I would like to speak to what I believe to be three basic tenets for a rewarding professional life. The first is integrity. The second is commitment to the rule of law. And the third, the value of public service.

Before I address that topic, I would like to take a moment to talk about the FBI—the institution with which I have been fortunate to be associated for the last several years.

When I took office as Director on September 4, 2001, I had expected to focus on areas familiar to me as a prosecutor—drug cases, white-collar criminal cases, and violent crime. But days later, the attacks of September 11 changed the course of the Bureau.

National security—that is, preventing terrorist attacks—became our top priority. We shifted 2,000 agents from our criminal programs to national security. We also understood that we had to focus on long-term, strategic change. We had to enhance our intelligence capabilities and upgrade our technology. We had to build upon strong partnerships and forge new friendships, both here at home and abroad.

We are now an organization 36,000 strong—14,000 of whom are agents; 3,000 of whom are analysts; and the balance, other professional staff.

At the same time we built these capabilities, we had to maintain our efforts against traditional criminal threats. And we had to do all of this while respecting the rule of law and the safeguards guaranteed by the Constitution.

Today, the FBI is a threat-focused, intelligence-driven organization. National security does remain our top priority. Terrorists with global reach and global ambitions seek to strike us at home and abroad. Spies steal our state secrets and our trade secrets for military and competitive advantage. Cyber criminals lurk on our networks, stealing information for sale to the highest bidder. Computer intrusions and network attacks are becoming more commonplace, more dangerous, and more sophisticated.

Simultaneously, we face a wide range of criminal threats, from white-collar crime and public corruption to transnational criminal syndicates, migrating gangs, and child predators.

And indeed, the threats we face are varied and ever changing. We as an organization must continually evolve in order to prevent terrorist and criminal attacks, because terrorists and criminals certainly are evolving themselves.

This description of the FBI today provides the backdrop for my comments on the values that contribute to a rewarding career.

* * *

Nearly 100 years ago, the university unveiled the formal east entrance to the grounds, known as the Senff Gateway. It still stands today, by the old medical school building.

You may have passed under it many times without noticing the inscription atop one of the two archways. It reads, “Enter by this gateway and seek the way of honor, the light of truth, and the will to work for men.” The inscription is attributed to President Alderman, who believed that these were the three great principles of life at the university.

Though the words may be a bit different from my own, they embody the tenets I mentioned earlier—integrity, commitment to the rule of law, and the value of public service.

Let us begin with integrity—what the archway calls “the way of honor.”

As improbable as it may seem, particularly to a 1L muddling through civil procedure or contracts, as a lawyer you may one day end up in the highest ranks of judicial power. You may manage multinational law firms, advocate for those in need, or set groundbreaking precedent.

In the end, it is not only what we do, but how we do it. Whatever we do, we must act with honesty and integrity. Whether we are working with a client, opposing counsel, or in court, we are only as good as our word. We can be smart, aggressive, articulate, and indeed, persuasive. But if we are not honest, our reputations will suffer.

And once lost, a good reputation can never ever be regained. As the saying goes, “If you have integrity, nothing else matters. And if you don’t have it, nothing else matters.”

The FBI’s motto is Fidelity, Bravery, and Integrity. Uncompromising integrity—both personal and institutional—is the core value. For the men and women of the FBI, integrity should be reflected in all that we say and all that we do.

For attorneys and non-attorneys alike, there will come a time when you will be tested, in ways both small and large.

Good morning. Thanks to Dean Mahoney for having me here today. It is good to be back in Charlottesville at one of the best law schools—one could argue the best law school—in the country. I say that remembering what I found unique about this school 40 years ago.

Then, as now, UVA was different from other law schools. Rather than simply teaching the basic tenets of the law, it sought to provide the foundation for future leadership.

As you have heard, I came to the law school from the Marine Corps, with a tour in Vietnam. As you all know, the Vietnam War was deeply divisive for our country, and there were a number of law schools that were not receptive to veterans of Vietnam. Not so UVA.

The university was looking for a range of experiences, understanding that a true legal education is an amalgam of the law and of values, with the goal of preparing its students for service—service to the country, service to Virginia, and service to others.

Then, as now, a variety of views were represented. Many of my fellow students—good friends—opposed the war in Vietnam.

I do remember that on the first day of classes, I sat down next to a somewhat scruffy classmate. I still had a Marine Corps hair cut and was dressed rather neatly. He had hair down to his shoulders, a Fu Manchu mustache, and was dressed in a grubby t-shirt and shorts…and he was not wearing shoes. He never wore shoes.

I very quickly came to find out that he was a conscientious objector. He did not pay much attention in class and seemed to be there for the ride.

At least that is what I believed until the first grades were posted. He was at the top of the class, while I was lingering somewhere in the middle.

We actually became fast friends, and our debates fostered mutual respect and a sharing of vision. Ironically, he is now a very well-paid antitrust lawyer, while I have spent most of my career in some form of public service.

The qualities that drew me to UVA all those years ago are the qualities that have made UVA such a unique institution. And for me, these qualities are what make receiving the Thomas Jefferson Foundation Medal in Law such a special honor.

Today, I would like to speak to what I believe to be three basic tenets for a rewarding professional life. The first is integrity. The second is commitment to the rule of law. And the third, the value of public service.

Before I address that topic, I would like to take a moment to talk about the FBI—the institution with which I have been fortunate to be associated for the last several years.

When I took office as Director on September 4, 2001, I had expected to focus on areas familiar to me as a prosecutor—drug cases, white-collar criminal cases, and violent crime. But days later, the attacks of September 11 changed the course of the Bureau.

National security—that is, preventing terrorist attacks—became our top priority. We shifted 2,000 agents from our criminal programs to national security. We also understood that we had to focus on long-term, strategic change. We had to enhance our intelligence capabilities and upgrade our technology. We had to build upon strong partnerships and forge new friendships, both here at home and abroad.

We are now an organization 36,000 strong—14,000 of whom are agents; 3,000 of whom are analysts; and the balance, other professional staff.

At the same time we built these capabilities, we had to maintain our efforts against traditional criminal threats. And we had to do all of this while respecting the rule of law and the safeguards guaranteed by the Constitution.

Today, the FBI is a threat-focused, intelligence-driven organization. National security does remain our top priority. Terrorists with global reach and global ambitions seek to strike us at home and abroad. Spies steal our state secrets and our trade secrets for military and competitive advantage. Cyber criminals lurk on our networks, stealing information for sale to the highest bidder. Computer intrusions and network attacks are becoming more commonplace, more dangerous, and more sophisticated.

Simultaneously, we face a wide range of criminal threats, from white-collar crime and public corruption to transnational criminal syndicates, migrating gangs, and child predators.

And indeed, the threats we face are varied and ever changing. We as an organization must continually evolve in order to prevent terrorist and criminal attacks, because terrorists and criminals certainly are evolving themselves.

This description of the FBI today provides the backdrop for my comments on the values that contribute to a rewarding career.

* * *

Nearly 100 years ago, the university unveiled the formal east entrance to the grounds, known as the Senff Gateway. It still stands today, by the old medical school building.

You may have passed under it many times without noticing the inscription atop one of the two archways. It reads, “Enter by this gateway and seek the way of honor, the light of truth, and the will to work for men.” The inscription is attributed to President Alderman, who believed that these were the three great principles of life at the university.

Though the words may be a bit different from my own, they embody the tenets I mentioned earlier—integrity, commitment to the rule of law, and the value of public service.

Let us begin with integrity—what the archway calls “the way of honor.”

As improbable as it may seem, particularly to a 1L muddling through civil procedure or contracts, as a lawyer you may one day end up in the highest ranks of judicial power. You may manage multinational law firms, advocate for those in need, or set groundbreaking precedent.

In the end, it is not only what we do, but how we do it. Whatever we do, we must act with honesty and integrity. Whether we are working with a client, opposing counsel, or in court, we are only as good as our word. We can be smart, aggressive, articulate, and indeed, persuasive. But if we are not honest, our reputations will suffer.

And once lost, a good reputation can never ever be regained. As the saying goes, “If you have integrity, nothing else matters. And if you don’t have it, nothing else matters.”

The FBI’s motto is Fidelity, Bravery, and Integrity. Uncompromising integrity—both personal and institutional—is the core value. For the men and women of the FBI, integrity should be reflected in all that we say and all that we do.

For attorneys and non-attorneys alike, there will come a time when you will be tested, in ways both small and large. You may find yourself standing alone, against those you thought were trusted colleagues. You may stand to lose what you have worked for. And the decision will not be such an easy call.

Certainly Virginia has prepared its students for such a test, for integrity is a way of life here at UVA. Nothing sets Virginia apart from other universities more than the concept of honor. The Honor System, in place since 1842, and the community of trust it enables, rests on one precept—and that is integrity. Our careers in the law, our professional and our personal success—and indeed, our reputations—rest on that same precept.

Moving to the second tenet, the rule of law. This is, to my mind, what the archway’s inscription describes as “the light of truth.”

Every FBI employee takes an oath promising to uphold the rule of law and the United States Constitution. Each of you will take a similar oath upon admission to the bar. For us, these are not mere words. They set the expectations for our behavior…the standard for the work that we do.

For the American people to respect the Bureau, we must be objective and we must be fair…and that also means we must be apolitical. That has been one of the great things about my job—that it has allowed for the benefits of public service, but without the politics.

We at the FBI take great care to consider the privacy and civil liberties implications of our programs and our investigations. When writing policy or investigative guidelines, or when taking on new projects, we consult with not only our in-house counsel and the Department of Justice, but also with groups such as the ACLU.

And in a practice started by my predecessor, Louis Freeh, all new agents visit the Holocaust Museum in Washington to better understand what happens when law enforcement becomes a tool of oppression—or worse.

For if we safeguard our civil liberties but leave our country vulnerable to attack, we will have lost. If we protect our citizens from crime and terrorism but sacrifice our civil rights, we will have also lost. It is not a question of conflict; it is a question of balance. The rule of law, civil liberties, and civil rights—these are not our burdens. These are what make all of us safer and stronger.

Turning to the importance of public service—or as the gateway reads, “the will to work for men.”

To be sure, it is difficult to consider entering public service upon graduation from law school, often with the burden of student loans.

As I mentioned earlier, I did have the opportunity to serve as a Marine in Vietnam. Those years—those experiences I shared with my fellow Marines—shaped my world view. I do consider myself fortunate to have survived my tour in Vietnam. There were many who did not. And perhaps because of that, I have always felt compelled to try to give back in some way.

I have been lucky to spend the better part of my career in public service and to benefit from the intangible rewards that come from such service. One such unexpected reward is that public service often can be a humbling experience. And there are few of us who would not benefit from a lesson in humility—myself included.

In this regard, I tell the story of my old friend and college classmate Lee Rawls, who was naturally humble. He had spent many years working on Capitol Hill, and we had served together in a previous administration. When I became Director of the FBI, I asked him to join me as a close adviser, and, remarkably, he agreed.

Lee was a mentor. He knew how to cut through nonsense and get to the heart of the matter better than anyone else. He also knew how to put me in my place. During one particularly heated meeting, everyone was frustrated—mostly with me—and I myself may have been a wee bit impatient and ill-tempered.

Lee sat silently, and then—out of the blue—posed the following question: “What is the difference between the Director of the FBI and a 4-year-old child?”

The room grew hushed. Finally, he said, “Height!”

On those days when we were under attack by the media and being clobbered by Congress…when the Attorney General was not at all happy with me…I would walk down to Lee’s office, hoping for a sympathetic ear. I would ask, “How are we doing?”

Lee would shake his head and say, “You’re toast. You’re dead meat. You’re history.” He would continue, “Don’t take yourself too seriously, because no one else around here does.”

It was that innate sense of humility—the idea that the world does not revolve around you—that was central to Lee’s character. That same sense of humility…that constant reminder of one’s place in the grand scheme of things…that sense of being in the world and of the world…is central to public service.

UVA’s public service program is testament to Thomas Jefferson’s concept of educating citizen-lawyers—a belief that schools should instruct students to be more than just good lawyers, but also good citizens. A belief that they should use their legal training to work for the common good, and that their careers should amount to time well spent.

As I look back, I know that I have been truly fortunate to have been able to spend such time in the public sector. It has given me the opportunity to participate in investigations such as the Pan Am 103 bombing…to work with homicide detectives in Washington, D.C., bringing criminals to justice…and, for the last 12 years, to work with one of the finest institutions in the world. These were experiences that would be difficult to replicate in the private sector.

I should add that I say this understanding that there are a number of you who are contemplating what you will do with your degree. I, of course, am not above urging you to consider the FBI as a career.

In any event, each of us must determine for ourselves in what way we can best serve others. Those of you who are students will leave UVA with a firm grasp not only of the law as it stands, but the law as it should be, and the law as it could be.

Find something you love, some way in which you can contribute—something that will leave you believing that your time has been well spent.

* * *

It seems only fitting, as we celebrate Founder’s Day, to again look to Thomas Jefferson. Citizen-lawyer. Founding father. Delegate to the Second Continental Congress. Governor of Virginia. Envoy to France. Our nation’s first secretary of state. Vice president. And, of course, our third president.

Before he died, Jefferson wrote his own epitaph, which records none of these astounding accomplishments. Instead, it lists just three things—author of the Declaration of American Independence, author of the Statute of Virginia for Religious Freedom, and father of the University of Virginia. These were, to his mind, his greatest contributions to society. Time well spent, indeed.

Thank you for having me here today. I would be happy now to take a few questions.

against those you thought were trusted colleagues. You may stand to lose what you have worked for. And the decision will not be such an easy call.

Certainly Virginia has prepared its students for such a test, for integrity is a way of life here at UVA. Nothing sets Virginia apart from other universities more than the concept of honor. The Honor System, in place since 1842, and the community of trust it enables, rests on one precept—and that is integrity. Our careers in the law, our professional and our personal success—and indeed, our reputations—rest on that same precept.

Moving to the second tenet, the rule of law. This is, to my mind, what the archway’s inscription describes as “the light of truth.”

Every FBI employee takes an oath promising to uphold the rule of law and the United States Constitution. Each of you will take a similar oath upon admission to the bar. For us, these are not mere words. They set the expectations for our behavior…the standard for the work that we do.

For the American people to respect the Bureau, we must be objective and we must be fair…and that also means we must be apolitical. That has been one of the great things about my job—that it has allowed for the benefits of public service, but without the politics.

We at the FBI take great care to consider the privacy and civil liberties implications of our programs and our investigations. When writing policy or investigative guidelines, or when taking on new projects, we consult with not only our in-house counsel and the Department of Justice, but also with groups such as the ACLU.

And in a practice started by my predecessor, Louis Freeh, all new agents visit the Holocaust Museum in Washington to better understand what happens when law enforcement becomes a tool of oppression—or worse.

For if we safeguard our civil liberties but leave our country vulnerable to attack, we will have lost. If we protect our citizens from crime and terrorism but sacrifice our civil rights, we will have also lost. It is not a question of conflict; it is a question of balance. The rule of law, civil liberties, and civil rights—these are not our burdens. These are what make all of us safer and stronger.

Turning to the importance of public service—or as the gateway reads, “the will to work for men.”

To be sure, it is difficult to consider entering public service upon graduation from law school, often with the burden of student loans.

As I mentioned earlier, I did have the opportunity to serve as a Marine in Vietnam. Those years—those experiences I shared with my fellow Marines—shaped my world view. I do consider myself fortunate to have survived my tour in Vietnam. There were many who did not. And perhaps because of that, I have always felt compelled to try to give back in some way.

I have been lucky to spend the better part of my career in public service and to benefit from the intangible rewards that come from such service. One such unexpected reward is that public service often can be a humbling experience. And there are few of us who would not benefit from a lesson in humility—myself included.

In this regard, I tell the story of my old friend and college classmate Lee Rawls, who was naturally humble. He had spent many years working on Capitol Hill, and we had served together in a previous administration. When I became Director of the FBI, I asked him to join me as a close adviser, and, remarkably, he agreed.

Lee was a mentor. He knew how to cut through nonsense and get to the heart of the matter better than anyone else. He also knew how to put me in my place. During one particularly heated meeting, everyone was frustrated—mostly with me—and I myself may have been a wee bit impatient and ill-tempered.

Lee sat silently, and then—out of the blue—posed the following question: “What is the difference between the Director of the FBI and a 4-year-old child?”

The room grew hushed. Finally, he said, “Height!”

On those days when we were under attack by the media and being clobbered by Congress…when the Attorney General was not at all happy with me…I would walk down to Lee’s office, hoping for a sympathetic ear. I would ask, “How are we doing?”

Lee would shake his head and say, “You’re toast. You’re dead meat. You’re history.” He would continue, “Don’t take yourself too seriously, because no one else around here does.”

It was that innate sense of humility—the idea that the world does not revolve around you—that was central to Lee’s character. That same sense of humility…that constant reminder of one’s place in the grand scheme of things…that sense of being in the world and of the world…is central to public service.

UVA’s public service program is testament to Thomas Jefferson’s concept of educating citizen-lawyers—a belief that schools should instruct students to be more than just good lawyers, but also good citizens. A belief that they should use their legal training to work for the common good, and that their careers should amount to time well spent.

As I look back, I know that I have been truly fortunate to have been able to spend such time in the public sector. It has given me the opportunity to participate in investigations such as the Pan Am 103 bombing…to work with homicide detectives in Washington, D.C., bringing criminals to justice…and, for the last 12 years, to work with one of the finest institutions in the world. These were experiences that would be difficult to replicate in the private sector.

I should add that I say this understanding that there are a number of you who are contemplating what you will do with your degree. I, of course, am not above urging you to consider the FBI as a career.

In any event, each of us must determine for ourselves in what way we can best serve others. Those of you who are students will leave UVA with a firm grasp not only of the law as it stands, but the law as it should be, and the law as it could be.

Find something you love, some way in which you can contribute—something that will leave you believing that your time has been well spent.

* * *

It seems only fitting, as we celebrate Founder’s Day, to again look to Thomas Jefferson. Citizen-lawyer. Founding father. Delegate to the Second Continental Congress. Governor of Virginia. Envoy to France. Our nation’s first secretary of state. Vice president. And, of course, our third president.

Before he died, Jefferson wrote his own epitaph, which records none of these astounding accomplishments. Instead, it lists just three things—author of the Declaration of American Independence, author of the Statute of Virginia for Religious Freedom, and father of the University of Virginia. These were, to his mind, his greatest contributions to society. Time well spent, indeed.

Thank you for having me here today. I would be happy now to take a few questions.

Source: https://docplayer.net/63422525-The-univers...

Enjoyed this speech? Speakola is a labour of love and I’d be very grateful if you would share, tweet or like it. Thank you.

Facebook Twitter Facebook
In LAWS AND JUSTICE Tags THOMAS MUELLER, UNVERSITY OF VIRGINIA, TRANSCRIPT, THOMAS JEFFERSON MEDAL, UVA, LAWYER, PROSECUTOR, TRUMP, COLLUSION, RUSSIA PROBE, INTEGRITY, THE LIGHT OF TRUTH
Comment

Robert H Jackson: 'The qualities of a good prosecutor are as elusive and as impossible to define as those which mark a gentleman,' The Federal Prosecutor - 1940

May 31, 2018

1 April 1940, Great Hall Department of Justice Building, Washington DC, USA

It would probably be within the range of that exaggeration permitted in Washington to say that assembled in this room is one of the most powerful peace-time forces known to our country. 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.

Our problem, of course, is to balance these opposing considerations. I desire to avoid any lessening of the prestige and influence of the district attorneys in their districts. At the same time we must proceed in all districts with that uniformity of policy which is necessary to the prestige of federal law.

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. The lawyer in public office is justified in seeking to leave behind him a good record. But he must remember that his most alert and severe, but just, judges will be the members of his own profession, and that lawyers rest their good opinion of each other not merely on results accomplished but on the quality of the performance. Reputation has been called "the shadow cast by one's daily life." 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.

The federal prosecutor has now been prohibited from engaging in political activities. I am convinced that a good-faith acceptance of the spirit and letter of that doctrine will relieve many district attorneys from the embarrassment of what have heretofore been regarded as legitimate expectations of political service. There can also be no doubt that to be closely identified with the intrigue, the money raising, and the machinery of a particular party or faction may present a prosecuting officer with embarrassing alignments and associations. I think the Hatch Act should be utilized by federal prosecutors as a protection against demands on their time and their prestige to participate in the operation of the machinery of practical politics.

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, 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.

But outside of federal law each locality has the right under our system of government to fix its own standards of law enforcement and of morals. And the moral climate of the United States is as varied as its physical climate. For example, some states legalize and permit gambling, some states prohibit it legislatively and protect it administratively, and some try to prohibit it entirely. The same variation of attitudes towards other law-enforcement problems exists. The federal government could not enforce one kind of law in one place and another kind elsewhere. It could hardly adopt strict standards for loose states or loose standards for strict states without doing violence to local sentiment. 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.

 

US Deputy Attorney General Rod Rosenstein reads the last paragraph from Robert H. Jackson's "The Federal Prosecutor."

Source: https://www.roberthjackson.org/speech-and-...

Enjoyed this speech? Speakola is a labour of love and I’d be very grateful if you would share, tweet or like it. Thank you.

Facebook Twitter Facebook
In LAWS AND JUSTICE Tags ROBERT H JACKSON, ATTORNEY GENERAL, JUSTICE, LAW, PROSECUTION, PROSECUTOR, JUDICIAL OFFICER, TRANSCRIPT
Comment

See my film!

Limited Australian Season

March 2025

Details and ticket bookings at

angeandtheboss.com

Support Speakola

Hi speech lovers,
With costs of hosting website and podcast, this labour of love has become a difficult financial proposition in recent times. If you can afford a donation, it will help Speakola survive and prosper.

Best wishes,
Tony Wilson.

Become a Patron!

Learn more about supporting Speakola.

Featured political

Featured
Jon Stewart: "They responded in five seconds", 9-11 first responders, Address to Congress - 2019
Jon Stewart: "They responded in five seconds", 9-11 first responders, Address to Congress - 2019
Jacinda Ardern: 'They were New Zealanders. They are us', Address to Parliament following Christchurch massacre - 2019
Jacinda Ardern: 'They were New Zealanders. They are us', Address to Parliament following Christchurch massacre - 2019
Dolores Ibárruri: "¡No Pasarán!, They shall not pass!', Defense of 2nd Spanish Republic - 1936
Dolores Ibárruri: "¡No Pasarán!, They shall not pass!', Defense of 2nd Spanish Republic - 1936
Jimmy Reid: 'A rat race is for rats. We're not rats', Rectorial address, Glasgow University - 1972
Jimmy Reid: 'A rat race is for rats. We're not rats', Rectorial address, Glasgow University - 1972

Featured eulogies

Featured
For Geoffrey Tozer: 'I have to say we all let him down', by Paul Keating - 2009
For Geoffrey Tozer: 'I have to say we all let him down', by Paul Keating - 2009
for James Baldwin: 'Jimmy. You crowned us', by Toni Morrison - 1988
for James Baldwin: 'Jimmy. You crowned us', by Toni Morrison - 1988
for Michael Gordon: '13 days ago my Dad’s big, beautiful, generous heart suddenly stopped beating', by Scott and Sarah Gordon - 2018
for Michael Gordon: '13 days ago my Dad’s big, beautiful, generous heart suddenly stopped beating', by Scott and Sarah Gordon - 2018

Featured commencement

Featured
Tara Westover: 'Your avatar isn't real, it isn't terribly far from a lie', The Un-Instagrammable Self, Northeastern University - 2019
Tara Westover: 'Your avatar isn't real, it isn't terribly far from a lie', The Un-Instagrammable Self, Northeastern University - 2019
Tim Minchin: 'Being an artist requires massive reserves of self-belief', WAAPA - 2019
Tim Minchin: 'Being an artist requires massive reserves of self-belief', WAAPA - 2019
Atul Gawande: 'Curiosity and What Equality Really Means', UCLA Medical School - 2018
Atul Gawande: 'Curiosity and What Equality Really Means', UCLA Medical School - 2018
Abby Wambach: 'We are the wolves', Barnard College - 2018
Abby Wambach: 'We are the wolves', Barnard College - 2018
Eric Idle: 'America is 300 million people all walking in the same direction, singing 'I Did It My Way'', Whitman College - 2013
Eric Idle: 'America is 300 million people all walking in the same direction, singing 'I Did It My Way'', Whitman College - 2013
Shirley Chisholm: ;America has gone to sleep', Greenfield High School - 1983
Shirley Chisholm: ;America has gone to sleep', Greenfield High School - 1983

Featured sport

Featured
Joe Marler: 'Get back on the horse', Harlequins v Bath pre game interview - 2019
Joe Marler: 'Get back on the horse', Harlequins v Bath pre game interview - 2019
Ray Lewis : 'The greatest pain of my life is the reason I'm standing here today', 52 Cards -
Ray Lewis : 'The greatest pain of my life is the reason I'm standing here today', 52 Cards -
Mel Jones: 'If she was Bradman on the field, she was definitely Keith Miller off the field', Betty Wilson's induction into Australian Cricket Hall of Fame - 2017
Mel Jones: 'If she was Bradman on the field, she was definitely Keith Miller off the field', Betty Wilson's induction into Australian Cricket Hall of Fame - 2017
Jeff Thomson: 'It’s all those people that help you as kids', Hall of Fame - 2016
Jeff Thomson: 'It’s all those people that help you as kids', Hall of Fame - 2016

Fresh Tweets


Featured weddings

Featured
Dan Angelucci: 'The Best (Best Man) Speech of all time', for Don and Katherine - 2019
Dan Angelucci: 'The Best (Best Man) Speech of all time', for Don and Katherine - 2019
Hallerman Sisters: 'Oh sister now we have to let you gooooo!' for Caitlin & Johnny - 2015
Hallerman Sisters: 'Oh sister now we have to let you gooooo!' for Caitlin & Johnny - 2015
Korey Soderman (via Kyle): 'All our lives I have used my voice to help Korey express his thoughts, so today, like always, I will be my brother’s voice' for Kyle and Jess - 2014
Korey Soderman (via Kyle): 'All our lives I have used my voice to help Korey express his thoughts, so today, like always, I will be my brother’s voice' for Kyle and Jess - 2014

Featured Arts

Featured
Bruce Springsteen: 'They're keepers of some of the most beautiful sonic architecture in rock and roll', Induction U2 into Rock Hall of Fame - 2005
Bruce Springsteen: 'They're keepers of some of the most beautiful sonic architecture in rock and roll', Induction U2 into Rock Hall of Fame - 2005
Olivia Colman: 'Done that bit. I think I have done that bit', BAFTA acceptance, Leading Actress - 2019
Olivia Colman: 'Done that bit. I think I have done that bit', BAFTA acceptance, Leading Actress - 2019
Axel Scheffler: 'The book wasn't called 'No Room on the Broom!', Illustrator of the Year, British Book Awards - 2018
Axel Scheffler: 'The book wasn't called 'No Room on the Broom!', Illustrator of the Year, British Book Awards - 2018
Tina Fey: 'Only in comedy is an obedient white girl from the suburbs a diversity candidate', Kennedy Center Mark Twain Award -  2010
Tina Fey: 'Only in comedy is an obedient white girl from the suburbs a diversity candidate', Kennedy Center Mark Twain Award - 2010

Featured Debates

Featured
Sacha Baron Cohen: 'Just think what Goebbels might have done with Facebook', Anti Defamation League Leadership Award - 2019
Sacha Baron Cohen: 'Just think what Goebbels might have done with Facebook', Anti Defamation League Leadership Award - 2019
Greta Thunberg: 'How dare you', UN Climate Action Summit - 2019
Greta Thunberg: 'How dare you', UN Climate Action Summit - 2019
Charlie Munger: 'The Psychology of Human Misjudgment', Harvard University - 1995
Charlie Munger: 'The Psychology of Human Misjudgment', Harvard University - 1995
Lawrence O'Donnell: 'The original sin of this country is that we invaders shot and murdered our way across the land killing every Native American that we could', The Last Word, 'Dakota' - 2016
Lawrence O'Donnell: 'The original sin of this country is that we invaders shot and murdered our way across the land killing every Native American that we could', The Last Word, 'Dakota' - 2016