Thursday, July 17, 2014

A clever Lawyer is no smart Lawyer

There is a difference between being a smart lawyer and being a clever one. The smart lawyer determines what his client is entitled to, states his case so comprehensively as to please the judge and the jury, and never tries to overstate any part of the case lest he annoy those listening to him.

On the other hand, the clever lawyer uses every trick available to him to make his side of the story sound better than it really is. In taking this approach he more often than not exposes a weak hand, something he does in full view of those in attendance. And so, instead of helping his client, he stands a good chance of harming him.

This is the sort of thing that often takes place in the courtrooms. Something similar takes place in the public square which is the place where the court of public opinion is held. Usually the place is turned into an arena where the politicians go to state their case and fight it out verbally with the opposition. The fight becomes interesting when lawyers-turned-politicians or lobbyists become combatants, and bring to bear the training they were given as lawyers while going full tilt against each other.

John Bolton is a lawyer by training who has done more politicking than legal work, and more lobbying for the foreign entity called Israel than he did anything else in life. Thus, most of the work he did in the public square for Israel's causes or for any related subject bears the stamp of a politician more than it does the work of a lawyer … until now. For the first time that I am aware of, Bolton has pulled a fast one (typical of clever lawyers) on his readers. This is in addition to the almost daily dose of low level deception he injects into the public discourse about his President being delusional. This time, Bolton pulled the clever trick in an article titled: “Iraq's descent into chaos,” published on July 13, 2014 in Pittsburgh Tribune.

The occasion for writing that article is the debate which flares up once in a while in America as to who bears the biggest responsibility for the fiasco that the second Iraq war turned out to be. Well, as far as the world is concerned that debate is meaningless because the world places the responsibility squarely on America, and could not care less about the Left-Right divide currently plaguing American politics. And this is also how history will treat the question, even in America itself, once the passions of the moment have subsided.

Now, what exactly did Bolton do that smacks of clever trickery? What must be understood is that there are two legitimate ways to argue a case. You either take the global approach to the subject … which some people call the package deal. Or you take the divided approach … which some people call dealing with the parts of the case separately. What clever lawyers do is use the two approaches; one for their client and the other for the opponent. Catch a lawyer do that, and you know he has a weak hand.

And this is what Bolton is doing in his article. Here is the proof: Talking about the Bush contribution, he writes: “was the decision to disband the Saddam-era army required by the decision to invade? Obviously not; it was entirely separate and distinct, as were the vast bulk of other post-Saddam decisions.” Now talking about the Obama contribution, he writes: “the absence of a status-of-forces agreement was not a real reason to withdraw but only a pretext camouflaging Obama's ideology and mollifying his domestic political base.”

Do you see what he did? He gave Bush the divided approach, and dealt with each part separately so as not to bring into the debate the ideology that motivated the actions taken by the Bush Administration. But then Bolton gave Obama the global approach to argue that the failure of America's involvement in Iraq came about because of Obama's ideology. Had he given Bush the same treatment, he would have brought into the debate the real reason for the Iraq fiasco – the ideology that motivated the operation.

In fact, it was the disbanding of the Saddam-era army; better known as the de-Baathification of Iraq – modeled after the de-Nazification of Germany – that caused the Iraq fiasco. That disbanding was the brainchild of the people who planned, controlled and supervised the war on Iraq. They were the people who called themselves children of the Holocaust survivors; the ones that took charge of the American military and used it to get back at the world via a war that looked like the explosive expression of the hate that these people have for humanity.

John Bolton may fool some people now but he will not fool history.