I tell my students, if you ever become comfortable with your role as criminal defense lawyer, it's time to quit. It should be a constant source of discomfort, because you're dealing with incredible moral ambiguity, and you've been cast into a role which is not enviable.
I have made a career out of arguing that we shouldn't be criminalizing political differences. I've made a career out of arguing that the grand jury is an abusive institution. I have made a career out of arguing that we shouldn't stretch and expand the criminal law. I'm not going to change it because you think these are abnormal times. When Thomas Jefferson told the Justice Department that they had to prosecute Aaron Burr, and that he was going to have the chief justice impeached unless he found Aaron Burr guilty, those were special times too.
You know, it's ironic to me that Christians want to keep the Ten Commandments in our schools, because Christianity has abrogated four of the Ten Commandments. For example, the Sabbath day according to the Ten Commandments is Saturday, not Sunday. And the reason is because God rested, not because Jesus was resurrected.
It's a new phenomenon in America that states can now sue the national government and become a kind of check and balance on the excesses of the federal government.
When I was 14 or 15, a camp counselor told me I was smart. I had never been very good in school, but he told me once that I was smart but my mind operated a little differently.
Let no one ever shy away from the claim that Jews have power, that Jews have influence. We have learned the terrible lesson of history; that unless we have influence and power, disproportionate to our small numbers - immoral results will occur. We need power. And we must continue to use our power. Power which we earned, power which no one gave us on a silver platter, power which we worked hard for - use that power in the interests of justice.
I generally don't select my chicken or my hamburgers based on the personal ideology of the person who is either flipping the hamburgers or making the money back at corporate headquarters. But if people want to do that, they're free to do it.
Our First Amendment expresses a far different calculus for regulating speech than for regulating nonexpressive conduct and that is as it should be. The right to swing your fist should end at the tip of my nose, but your right to express your ideas should not necessarily end at the lobes of my ears.
Everybody says they're opposed to torture. But everyone would do it personally if they knew it could save the life of a kidnapped child who had only two hours of oxygen left before death. And it would be the right thing to do.
Individuals have the right to pick and choose which expressions to condemn, which to praise and which to say nothing about. Governments, however, must remain neutral as to the content of expression. And governments must protect the rights of all to express even the most despicable of views.
I love discomfort. I mean, my whole life is discomfort. One reason I can never retire is that the idea of just sitting on the beach totally comfortable is not a desideratum in my life. I like ambiguity, I like conflict, I like uncertainly.
You can't think about terrorism without thinking about Palestinian terrorism. Palestinians began international terrorism. It started with them in 1968. They used it as the first resort, not the last resort. They invented it, they perfected it, they benefited from it and they taught the world how to use it and that it would be successful.