October 2023 – Sitting down with Jim Brosnahan for an interview – a lawyer who tried some of the nation’s most notable and high-profile cases of the past six decades – was more than memorable and noteworthy from the perspective of a fellow attorney, and advocate for equality and justice.
From Prosecutor to Defense attorney, Jim leveled the playing field between rich and poor more than once throughout his long and distinguished career. With over 150 jury trials, and numerous wins, Jim had a lot to say about everything – much of it excerpted from his new book, Justice at Trial, Courtroom Battles and Groundbreaking Cases.
Jim, a Boston native and Harvard Law School graduate, would leave his New England roots to become a sought-after attorney, trying high-profile cases across the US, and internationally. With his uncanny knack of sniffing out the truth and breaking witnesses – his down to earth, no-nonsense style of lawyering, has allowed him to win many a tough case.
Not only did Jim make his way through Harvard Law earning his law degree, but he also met his soon to be wife Carol along the way. Carol was one of nine women at Harvard Law at the time, the most notable to both the American people and the press, would turn out to be the notorious RBG – Ruth Bader Ginsburg.
Carol, like Ruth and the other female classmates of their time – despite being academically astute, were admonished by the Dean for taking the place of a man. But as fate, and sweet revenge would have it, five of the nine woman went on to become Judges – one was his wife Carol. And everyone who is paying attention knows Ruth Bader Ginsburg ascended to the highest legal job of the land – Associate Justice of the United States Supreme Court.
Down to Earth Style of Lawyering
When speaking with Jim, he not only exuded humility, but was an open-book, inadvertently showcasing his down-to-earth, no-nonsense style. Whether it be identifying falsehoods of testifying witnesses to impeach their credibility, or asking questions that would evoke thoughtful reflection and recall, Jim was on the job. He also recounted the competitiveness of the legal system, and the bullies that sometimes inhabit it, giving advice on how to effectively combat these bullies head-on.
Most notably, bullies can be other lawyers, or even clients – lawyers who are too self-assured, despite their lack of experience, and clients who think they know better than their lawyers. Nevertheless, throughout these tactical undulations, the proficient lawyer must retain his/her composure and stand up to these tirades – that is if they want to win. For the clients who think they know better than their attorneys and demand to testify, this can be a recipe for disaster. The nuances in the legal system are so varied, most clients, and even some inexperienced attorneys are unaware of the traps that lay hidden. Then there is the occasional client who thinks they are above the law – that is a minefield, and we see this playing out in real time on TV today – such as with the many Trump lawsuits and multiple indictments.
Back in the Reagan Years
We spoke about decades worth of prosecutions and defense representations – including his memorable days as a federal prosecutor. He recounted being summoned as an Assistant Attorney to then Special Counsel in the prosecution of Casper Weinburger, then US Secretary of Defense to President Reagan, regarding Reagan’s role in the Iran-Contra affair scandal (illegal swap of guns for hostages) during his administration.
Like today, it is against US government policy to sell weapons or provide money to rogue nations or factions for the return of hostages. Yet, Jim Brosnahan recounts how this illegal sale of weapons for American hostages held in Iran, took place contrary to US law. How the policy was sidestepped by the Reagan administration, and the Bush administration that followed. How the denials of wrongdoing or unknowing, played out in the media, and how it was a far cry from the actual truth.
Jim documents these events when he was knee-deep in Congressional interviews and evidence gathering on the doorstep of both Christmas Eve Dec. 24, 1992, and the impending trial. Yet after all these inquiries and investigations, it was about to come to an abrupt end. With a last minute pardon by then President, George H. W. Bush (Bush Sr., who was VP under Reagan), the investigation would came to a screeching halt. The trial ended before it began – with a Presidential Pardon by then President George H.W. Bush.
With a stroke of a pen, President Bush, Sr., not only eviscerated the trial, but the need for him to testify under oath before Congress: as to what he knew about the “illegal” arms for hostages swap, and when he knew it. Jim discusses how all the work they did ended with the Power of the Pardon, and as a result of that Pardon, President Bush, Sr. never had to testify before Congress – and no prosecutions for what appeared to be felonious illegal activity, every took place.
Yet, the facts were crystal clear. Despite the denials of knowledge of this illegal trade, President George H. W. Bush, who had been Vice President for Ronald Reagan at the time of the “swap,” had to know something about the illegal trade, and may have even provided input on it. But as a result of him winning the subsequent election, he prevented himself from testifying against then former President Reagan, and those that took part in the illegal activity – which may have included himself. In effect, the truth was eviscerated by the Power of the Pardon.
The Seemingly Endless Power of the Presidential Pardon…
Today, we have similar questions about the Power of the Pardon – namely whether a President can pardon himself for his own wrongdoing, or whether he can pardon himself prospectively, before any illegal activity has taken place. Scholars are still working out the realities of issue, but no one has yet made a good argument about prospective pardons – that is, a pardon before any illegal act has taken place. If that were the case, we could have numerous officials planning wrongdoing before even taking office, which could bring forth tyranny and end democracy as we know it.
The maxim that “No one is above the law” should be sacrosanct, and always hold true – no matter who is the president, no matter who is an official. If we are a nation of laws, no one should be able to hide behind the Power of the Pardon. We will certainly see this play out in coming years, as we have never had assaults on our democracy (such as the January 6, 2021 assault on the Capitol), and our system of justice as we have seen in recent times.
Copyright, 2023 Mary Kay Elloian, Esq., The Legal Edition. All Rights Reserved.
