Boston Bar Association Calls on Lawyers to Stand Up for Democracy and Resist Assaults on the Rule of Law

Boston Bar Association (BBA) President Suma V. Nair issued the following statement in response to the U.S. Department of Justice’s indictment of former FBI Director James Comey after the President posted demands for Comey’s prosecution on social media, fired a career prosecutor who found insufficient evidence and declined to bring charges, and replaced him with another official who promptly complied. 

“The indictment is the latest in a series of actions using the weight of the U.S. government to target people the President personally disfavors. The rule of law, long thought secure in our constitutional democracy, is being damaged in ways we cannot ignore. 

“Over the last eight months, independent inspectors general tasked with holding those in power accountable have been terminated; experienced senior career lawyers in multiple agencies and departments have been summarily removed or fired; and law firms have been targeted because of the clients they represent, chilling access to counsel. These events reveal a deeply troubling pattern in which the rule of law is ignored and replaced with arbitrary actions eroding the very predictability and fairness that our legal system is meant to guarantee. 

“The rule of law is in peril. As the Boston Bar Association has long defined it, the rule of law means a legal system in which disputes are predictably decided on the basis of established legal principles applied in a systematic and orderly way, free from bias, and under which decisions are followed voluntarily by those whom they affect. We do not live under such a system if criminal prosecutions can be driven not by evidence, but by personal or political whims.  

“The rule of law stands as a bulwark to protect civil society from the capricious and unchecked abuse of authority. It is the responsibility of each new generation, and of lawyers in particular, to respect, protect, and perpetuate the principles of justice and fairness. At this moment, that responsibility matters more than ever.  

“For over 250 years, the Boston Bar Association has been home to a community of lawyers dedicated to defending and advancing the highest ideals of our profession. We will continue to speak out about the erosion of core legal and democratic principles, to stand with colleagues who resist attacks on the rule of law, to support the constitutional role of an independent judiciary, and to help our communities understand that democracy’s survival depends on the rule of law.  We encourage all those in the profession to do the same.” 

The Boston Bar Association is the Commonwealth’s premier legal institution, bringing together the brightest and most influential people to lead at the forefront of the profession. Our mission is to advance the highest standards of excellence for the legal profession, facilitate access to justice, foster a diverse and inclusive professional community, and serve the community at large.