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"And ye shall know the truth, and the truth shall make you free." - John 8:32
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Author:  Michael J. Gaynor
Bio: Michael J. Gaynor
Date:  July 14, 2006
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Senate: Vote William James Haynes II Up Or Down Before Leaving Town
Part 2 or 2

On October 17, 2002 (less than eleven months after September 11, 2001), William James Haynes II, an outstanding attorney, in an address titled "The War on Terrorism and the Rule of Law," antagonized judicial activists. Today they fear (rightly) that if he becomes a federal appellate judge, he will frustrate their unpopular political agenda by doing what a judge is supposed to do--follow the law --instead of ignoring a judge's oath of office and implementing their extreme agenda.

On October 17, 2002 (less than eleven months after September 11, 2001), William James Haynes II, an outstanding attorney, in an address titled "The War on Terrorism and the Rule of Law," antagonized judicial activists. Today they fear (rightly) that if he becomes a federal appellate judge, he will frustrate their unpopular political agenda by doing what a judge is supposed to do--follow the law --instead of ignoring a judge's oath of office and implementing their extreme agenda.

What did Mr. Haynes do? He not only enthusiastically expressed admiration for "willingness to question conventional wisdom, and especially...willingness to do so from an historical perspective that reaches back before the 1960's" (which the pro-abortion, secular extremist crowd finds terrifying), but also lauded the "perspective" and "determination" of his "boss" "not to let today's shibboleths stand in the way of important national security goals" (those shibboleths are sacred to them). Like Justice Robert Jackson, Mr. Haynes, his "boss" and other sensible people appreciate that the Constitution is not a suicide pact and the first duty of government is to protect the people from enemies both foreign and domestic.

Thanks be to God, the voters and President Bush, that "boss"--Secretary of Defense Donald Rumsfeld--is still Secretary of Defense, despite the worst efforts of his political enemies. Those increasingly frustrated people are fiercely determined to keep Mr. Haynes, the Defense Department's General Counsel since 2001, from being confirmed as a federal appellate judge on the United States Court of Appeals for the Fourth Circuit, as a perverse consolation for their failure to oust Secretary Rumsfeld. These extremists took great solace in blocking Mr. Haynes' confirmation during President Bush's first term, and now they are using the same tiresome tactics they recently used against Secretary Rumsfeld--public carping by a few retired military officers blow out of proportion--in an obnoxious effort to deny Mr. Haynes the up-or-down vote to which he is entitled as a judicial nominee.

The day before Mr. Haynes' second Senate Judiciary Committee hearing, a score of retired military officers sent the Committee a letter expressing “deep concern” about Mr. Haynes’s fitness to be a federal judge because of his role in approving coercive techniques to interrogate terror suspects and the Senate Minority Leader, Harry Reid, Democrat of Nevada, professed to have been deeply influenced by the letter and proclaimed that the letter “says it all” about Mr. Haynes.

THAT is absurd. The American people deserve to know the facts...and the Democrat obstructionists need a new playbook.

What is distressing (particularly to South Carolinians) is that Senator Lindsey Graham, Republican of South Carolina, who supported Mr. Haynes' nomination during President Bush's first term, seems to be succumbing to the siren song of those who despise Secretary Rumsfeld and his astute, articulate, all-American General Counsel, Mr. Haynes, and are trying to bork Mr. Haynes.

Senator Graham would do well to look closely at Mr. Haynes' odious opposition--the likes of The New York Times, Senator Ted Kennedy, Ralph Neas of the misnamed People for the American Way and (presumably) Osama bin Laden--and do what the good people of South Carolina expected him to do when they are elected: work to ensure a timely up-or-down vote on President Bush's judicial nominees and support them. Hasn't Senator Graham learned from studying the 2000 presidential campaign of Senator Orin Hatch, Republican of Utah, that becoming a friend of Senator Kennedy is not the way to win the Republican presidential nomination?

Mr. Haynes is superbly qualified, as even the American Bar Association acknowledged. He has served America exceptionally well during an exceptionally challenging time (made more challenging by Far Left obstructionism). A review of the Hamdan decisions by the Court of Appeals for the District of Columbia and the United States Supreme Court shows that the position that Mr. Haynes asserted on behalf of his client (the United States of America) was approved by four of the current United States Supreme Court Justices (including the two whom Senator Graham voted to confirm, Chief Justice John Roberts and Associate Justice Samuel A. Alito, Jr.).

Senator Ted Kennedy's stated reason for opposing the exemplary Mr. Haynes--"After a detailed review of the record we have, I do not believe that he has a sufficient commitment to the core constitutional values in our democracy, including respect for the co-equal relationship between the executive, legislative, and judicial branches. It's hard to believe he will enforce the Constitution and the laws fairly and impartially"--is positively Orwellian.

Reality: Mr. Haynes is a strict constructionist, not a judicial activist. He WILL "enforce the Constitution and the laws fairly and impartially" instead of legislate from the bench, twist the Constitution and statutes beyond recognition, and put personal preference before the plaining meaning and intent of the law.

Mr. Haynes is a highly respected attorney with bipartisan support. He received a "Well Qualified" rating from the ABA twice, most recently in March 2005.

He is nominated to the Fourth Circuit, which hears appeals from the district courts of Virginia, Maryland, West Virginia, North Carolina, and South Carolina.

He is strongly support of both of his home state senators, Senators John Warner and Senator George Allen, Republicans of Virginia.

He is supported by prominent Democrats, including former United States Senator Bill Hathaway, former United States Attorney General Griffin Bell, Floyd Abrams, Thurgood Marshall, Jr., and Newton Minow.

The United States Senate previously confirmed Mr. Haynes twice unanimously--as General Counsel of the Department of Defense in 2001, and as General Counsel of the Department of the Army in 1990.

He has dedicated the majority of his career to serving his country.

As the chief legal officer of the Department of Defense and the legal adviser to the Secretary of Defense, he has provided oversight, guidance, and direction regarding legal advice on all matters arising within the Department of Defense and overseen legal services delivered by the military and civilian attorneys in all of the Department of Defense's components.

In March of 1990, he was nominated by President George H. W. Bush, and confirmed by the U.S. Senate, to the position of General Counsel of the Department of the Army, a position he served in until January of 1993. Prior thereto and beginning in November of 1989, he had served as a Special Assistant to the General Counsel of the Department of Defense.

He served at the Department of Defense as Counsel to the Transition from January through April of 1989.

From 1984 through 1989, he served on active duty in the U.S. Army, attaining the rank of Captain before his honorable discharge in January of 1989.

From 1983 through 1984, he clerked for the Honorable James McMillan, United States District Judge for the Western District of North Carolina.

In addition to his extensive public service, he has considerable experience in the private sector.

He was a partner in the Washington, D.C. office of Jenner & Block from 1993 through 1996, and then again from 1999 through 2001, where his practice focused, among other things, on regulatory law, business law, and civil litigation/arbitration.

From July of 1996 through January of 1999, he served as Associate General Counsel and Staff Vice President for General Dynamics Corporation. He also served as General Counsel of General Dynamics Corporation's Marine Group from 1997 through 1998. His practice with General Dynamics included corporate law, antitrust, labor law, and environmental law.

He served as an associate in the Washington, D.C. firm of Sutherland, Asbill & Brennan where he handled matters dealing with antitrust regulation.

He has impeccable educational credentials and a record of hard work.

He attended Davidson College on an Army ROTC Scholarship and the Lunsford-Richardson Honor Scholarship. He graduated Phi Beta Kappa and Omicron Delta Kappa in 1980.

He attended Harvard Law School and received his juris doctor in 1983.

Upon graduating from law school, he obtained a federal clerkship, serving for the Honorable James B. McMillan of the U.S. District Court for the Western District of North Carolina.

Throughout his career, he has engaged in volunteer work to help those that are less fortunate.

In 1999, he served in Kazakhstan as a volunteer consultant for Mercy Corps International, a non-governmental relief organization.

While at Jenner & Block as a partner, he served as pro bono counsel to indigent clients accused of crimes in D.C. Superior Court.

In his second year of law school, he was a member of the Harvard Legal Aid Bureau where he provided pro bono legal services for indigent clients.

He has been recognized for his professional accomplishments, including:

Floyd Abrams, a noted First Amendment expert to whom The New York Times turns for his legal services: "Jim has attended and participated actively in a number of our meetings [of the Technology and Privacy Advisory Committee] and I have had occasion to speak with him on a number of occasions about the difficult task of balancing national security interests with those of a variety of civil liberties' interests including privacy. I have found him to be unusually able, easy to work with and deeply sensitive to the need to accommodate civil libertarian interests even as we seek to prevent new acts of terrorism against us.... I urge favorable consideration of his nomination. Letter to Chairman Hatch, Nov. 18, 2003.

Newton N. Minow, former Chairman of the Federal Communications Commission under President Kennedy: " Having practiced law for more than 53 years, I can recognize a good lawyer. In my opinion, Jim Haynes is an excellent lawyer, deeply committed to protecting each citizen's right under our constitution. He is sensitive to the importance of preserving our civil liberties. The project we are working on requires us to examine the balance of national security and civil liberties. Jim Haynes brings to our task an enduring understanding of the necessity of maintaining our civil liberties and our civil rights, even at a time of national danger. I am a Democrat. I am confident that he will be a fair, moderate, thoughtful and respected judge." Letter to Chairman Hatch, Nov. 17, 2003.

The Honorable William H. Webster, former Judge of the United States Court of Appeals for the Eighth Circuit and FBI Director: "Having served myself as a judge of the United States District Court for the Eastern District of Missouri (three years) and as a judge of the Eighth Circuit (five years), I think I can recognize judicial temperament when I see it. I believe Jim Haynes to be an able lawyer and one who would work every day to provide equal justice under the law. Moreover, I believe that he would be a positive and constructive member of the Court to which he has been nominated. Finally, I believe Jim Haynes to be a man of exceptional integrity and character. I sincerely hope that the Committee will act favorably and soon to confirm his nomination." Letter to Chairman Hatch, Nov. 18, 2003.

The Honorable John O. Marsh, Jr., former Secretary of the Army, National Security Advisor to President Ford, and Congressman from Virginia: " Having known [Jim Haynes] for a number of years, and observed his performance in different posts, I can vouch for his ability, dedication to Country, and sterling character. In my view, he would make an outstanding jurist." Letter to Chairman Hatch, Nov. 14, 2003.

Professor Bernard D. Meltzer (Emeritus), University of Chicago Law School, former Assistant Trial Counsel in the trials before the International Military Tribunal in Nuremberg: "After the President signed his military order of November 13, 2001, the Defense Department sought the advice of individuals outside the government regarding regulations implementing that order. I was among those consulted...During the discussions concerning the appropriate regulations, I became acquainted with Mr. Haynes, who was serving as General Counsel of the Defense Department. I was impressed by his informed and sensitive concern for the rights and legitimate interests of those who might be tried before a military commission. He contributed to a set of regulations that, in my view, represent an appropriate balance between the protection of individual defendants and the protection of the security of our country. His work was wholly consistent with the American Bar Association's giving him its highest rating, 'well qualified.' Accordingly, I strongly recommend that the Committee and the entire Senate act to confirm his appointment." Letter to Chairman Specter, May 5, 2005.

Major General Michael Marchand, U.S. Army (Ret.), former Judge Advocate General of the United States Army: "In my experience, Mr. Haynes has been more inclusive of the Judge Advocates General and the senior service lawyers of the armed services than any General Counsel of the Department of Defense. He has consistently and repeatedly reached out to the senior lawyers of the Department of Defense on some of the most difficult legal issues to confront our armed services, our Department, and our Country. He has done so throughout my tenure in formal and informal ways. He has been respectful of our views, even on those occasions when he may not have agreed with one or more of us. The Department and its legal community -- and the Country -- have been well served." Letter to Chairman Specter and Senator Leahy, July 19, 2005.

At the least, Mr. Haynes is entitled to an up-or-down vote before the Senate goes on summer vacation. And Senator Graham needs a reminder from his constituents of what they expect.

Michael J. Gaynor

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Biography - Michael J. Gaynor

Michael J. Gaynor has been practicing law in New York since 1973. A former partner at Fulton, Duncombe & Rowe and Gaynor & Bass, he is a solo practitioner admitted to practice in New York state and federal courts and an Association of the Bar of the City of New York member.

Gaynor graduated magna cum laude, with Honors in Social Science, from Hofstra University's New College, and received his J.D. degree from St. John's Law School, where he won the American Jurisprudence Award in Evidence and served as an editor of the Law Review and the St. Thomas More Institute for Legal Research. He wrote on the Pentagon Papers case for the Review and obscenity law for The Catholic Lawyer and edited the Law Review's commentary on significant developments in New York law.

The day after graduating, Gaynor joined the Fulton firm, where he focused on litigation and corporate law. In 1997 Gaynor and Emily Bass formed Gaynor & Bass and then conducted a general legal practice, emphasizing litigation, and represented corporations, individuals and a New York City labor union. Notably, Gaynor & Bass prevailed in the Second Circuit in a seminal copyright infringement case, Tasini v. New York Times, against newspaper and magazine publishers and Lexis-Nexis. The U.S. Supreme Court affirmed, 7 to 2, holding that the copyrights of freelance writers had been infringed when their work was put online without permission or compensation.

Gaynor currently contributes regularly to www.MichNews.com, www.RenewAmerica.com, www.WebCommentary.com, www.PostChronicle.com and www.therealitycheck.org and has contributed to many other websites. He has written extensively on political and religious issues, notably the Terry Schiavo case, the Duke "no rape" case, ACORN and canon law, and appeared as a guest on television and radio. He was acknowledged in Until Proven Innocent, by Stuart Taylor and KC Johnson, and Culture of Corruption, by Michelle Malkin. He appeared on "Your World With Cavuto" to promote an eBay boycott that he initiated and "The World Over With Raymond Arroyo" (EWTN) to discuss the legal implications of the Schiavo case. On October 22, 2008, Gaynor was the first to report that The New York Times had killed an Obama/ACORN expose on which a Times reporter had been working with ACORN whistleblower Anita MonCrief.

Gaynor's email address is gaynormike@aol.com.


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