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Profile: Louis Brandeis
Louis Brandeis was a participant or observer in the following events:
Convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997), facing execution for his crimes (see June 11-13, 1997), is officially sentenced to death by Judge Richard P. Matsch. The hearing is a formality, as a jury sentenced McVeigh to death the day before; the entire proceeding takes nine minutes. Before Matsch pronounces sentence, he allows McVeigh to speak on his own behalf. McVeigh does so—briefly and cryptically. McVeigh says: “If the court please, I wish to use the words of Justice Brandeis dissenting in Olmstead to speak for me. He wrote: ‘Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example.’ That’s all I have.” McVeigh is referring to a dissent written by Supreme Court Justice Louis D. Brandeis in a 1928 decision, Olmstead v. United States, which upheld the use of wiretap evidence. Brandeis’s dissent said that the government may not commit crimes to enforce the law, and warned of “terrible retribution” if it did. Stephen Jones, McVeigh’s lead lawyer, refuses to speculate as to why McVeigh chose to use that quote, though Jones says it is a favorite of his client. McVeigh believes the government broke the law in the Branch Davidian siege (see April 19, 1993 and April 19, 1993 and After). Jones’s defense partner, Christopher Tritico, tells reporters he is unfamiliar with the quote and will have to look it up. US Attorney Patrick M. Ryan, part of the prosecution team, later says that McVeigh’s remarks were so fleeting that “I didn’t catch it all.” Many families of the bombing victims find McVeigh’s quote cryptic and unclear. Roy Sells, who lost his wife in the bombing, says: “I don’t know if he was referring to the Waco deal or what. I wish he would’ve quoted something from his own heart instead of out of somebody else’s book. I wanted to hear what he had to say about it.” A survivor of the bombing, Paul Heath, says McVeigh’s statement makes it clear he remains unrepentant and still considers himself a revolutionary. During the proceeding, Matsch asks McVeigh for permission to release a letter McVeigh wrote to him on June 22, which asked that Jones be replaced by other lawyers from the defense team for his appeals: Richard Burr, Robert Nigh Jr., and Randall Coyne. The letter was not specific about McVeigh’s reason for requesting Jones’s removal, but cited “problems and difficulties I have had with my appointed counsel in the past.” McVeigh will publicly blame Jones for “screwing up” his trial, and has reportedly told a Buffalo News reporter that he believes Jones repeatedly lied to him about unnamed aspects of the trial (see August 14-27, 1997). Jones merely reminds reporters: “I did not seek this appointment. I am, as I said, a draftee” (see May 8, 1995). [New York Times, 8/14/1997; Serrano, 1998, pp. 320; University of Missouri-Kansas City School of Law, 2006; University of Missouri-Kansas City School of Law, 2006] McVeigh will later explain his choice of quote to Buffalo News reporter Lou Michel. “I want people to think about the statement,” McVeigh will say. “What [lead prosecutor Joseph] Hartzler is trying to do is not have people learn. He wants to have them put their heads in the sand.” The Brandeis quote, McVeigh will say, reflects on the death penalty: the government says it is wrong for McVeigh to have killed, and yet “now they’re going to kill me. They’re saying that’s an appropriate way to right a wrong?” [Serrano, 1998, pp. 321]
Entity Tags: Paul Heath, Lou Michel, Joseph H. Hartzler, Christopher L. Tritico, Patrick M. Ryan, Timothy James McVeigh, Roy Sells, Richard Burr, Richard P. Matsch, Stephen Jones, Robert Nigh, Jr, Randall Coyne, Louis Brandeis
Timeline Tags: US Domestic Terrorism
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