FacebookTwitterGoogle+RedditEmail

Remembering Victor Rabinowitz

by MARJORIE COHN

On November 16, 2007, Victor Rabinowitz, one of the giants of the legal profession and a unflagging fighter for social justice, died at the age of 96. One of the founders of the National Lawyers Guild 70 years ago, Victor defended unpopular clients when other lawyers were afraid to touch them. During the McCarthy period, he and his partner Leonard Boudin represented unions that were considered to be left-wing. The firm counted as clients Daniel Ellsberg, Paul Robeson, Julian Bond, Dashiell Hammett, Dr. Benjamin Spock, the Rev. Philip Berrigan, Alger Hiss, the Black Panthers, the Salvador Allende government in Chile, and the Cuban government.

Victor handled several landmark cases. In 1950, he challenged the provision of the Taft-Hartley Act that prevented unions from representing workers unless all union officers swore a loyalty oath that they were not members of or affiliated with the Communist Party. He lost the case 5 to 4 in the Supreme Court. His work in the Supreme Court case of United States v. Yellin was instrumental in the demise of the notorious House Un-American Activities Committee (HUAC). In 1964, in a 8 to 1 decision, the Supreme Court held in Banco Nacional de Cuba v. Sabbatino that U.S. courts cannot review the legality of the Cuban nationalizations of U.S.-owned property under international law. Victor represented the government of Cuba in that case.

John Mage, prominent radical lawyer and Officer and Director of the Monthly Review Foundation, wrote a review of Victor’s book, Unrepentant Leftist: A Lawyer’s Memoir, for Monthly Review. Mage recalled his favorite Victor story: “In the Cuban bank litigation, Victor (representing the Cubans) was served with a discovery demand that he forwarded to the Cuban Finance Ministry, at that time headed by Che. Shortly afterwards he was in Havana for an anniversary celebration and was invited to accompany Guevara. Che directed Victor’s attention to the confetti being thrown from an office tower and said ‘remember that discovery demand? . . . There it is.'”

The Rabinowitz Boudin partnership “constituted the defining invention of radical lawyering,” said Northwestern law professor Bernardine Dohrn, a leader of the Weathermen who became the Guild student organizer when Victor was NLG president from 1967-1971. The firm “always represented the most controversial victims of oppressive state power: labor struggles, the Community Party cases, constitutional right to travel and political speech issues, defense of the Cuban revolution, support for the civil rights/Black Freedom Movement, defense of anti-Vietnam War activists, and legal defense of Palestinian political activists,” Dohrn added.

In his book, Victor characterized McCarthyism as “the era of Great Fear.” In those days, it was the fear of Communism; today, it is the fear of Terrorism that the administration uses as an excuse to decimate civil liberties. Describing the government repression against Communists, leftists, and those suspected of being associated with them, Victor wrote, “It was the worst of times . . . It was a terrible and terrifying time.” Even the ACLU “succumbed to the red scare” in those days.

“It became dangerous to utter radical or even progressive thoughts in an audible tone of voice,” he added. The motion picture industry, teachers, progressive Congress members, progressive organizations, and those who read books considered “un-American” were targeted. “Thousands of people lost their jobs, with little prospect of finding new ones quickly. Families were destroyed and friendships were wrecked,” Victor reported.

Rabinowitz Boudin “probably represented more clients before McCarthy and HUAC than any other law firm in the country, mostly for little or no fee,” said Michael Krinsky, a partner in the firm.

Victor wrote, “I was under surveillance by the FBI from the early fifties until the late sixties. The earliest report on me I’ve found in my FBI files states that on June 23, 1943, I was believed to be a member of the Communist party, and it further described me as an ‘agile-minded labor attorney’ [Thanks].” Victor joined the Communist Party in 1942 after the Soviet Union and the United States became allies; he remained a member until the early 1960s.

During the Vietnam War, the Rabinowitz Boudin firm represented hundreds of men facing the draft or criminal charges for refusing induction due to their opposition to the war.

Lawyers pick and choose the cases they take for various reasons. Victor’s decisions were always based on principle. “I had always adhered to a few basic rules,” Victor observed. “I would not represent a landlord against a tenant; I would not represent a drug dealer; I would not represent an employer against a union; I would not represent a fascist or right-wing institution.”

Victor helped found the National Lawyers Guild, to, in his words, “counter the anti-New Deal corporation-controlled American Bar Association (ABA), which at that time did not admit black lawyers or Communists to membership.” As former Guild president and Yale law professor Thomas Emerson wrote, “The National Lawyers Guild was born in revolt – a revolt that embraced the entire intellectual life of the times.”

Victor’s efforts contributed mightily to the Guild’s survival after the McCarthy period. He counted his work with the Guild as perhaps his most significant accomplishment. “There are a few things I can point to with some pride,” Victor reflected. “The National Lawyers Guild is almost sixty years old, and I played some part in building it. I cannot think of more than a handful of national progressive organizations that have lived so long in this perilous world.”

Tributes to Victor are legion. Doris Brin Walker, the first woman president of the Guild and one of its leaders during the McCarthy period, said, “Victor was inspirational, witty, insightful, tolerant/intolerant, humane, didactic – one of the most important and beloved persons in my life. And he will remain so.” Ann Fagan Ginger, another Guild leader in this era, noted, “During the McCarthy/Truman repressive period, Victor played a particularly important role in meeting with other lawyers to figure out the best strategies to defend against, and finally to attack, the Red Baiters. His principles were larger than his ego, and after the meetings, he went back to his office and saw to it that the tasks agreed on were actually carried out.” She called the Rabinowitz Boudin firm “a place of refuge and hope for many whose jobs, reputations, and family relationships were under attack.”

“In each decade, Victor managed to stay utterly committed to the revolutionary principles of his youth,” according to Dohrn, “to work with the highest intellectual and professional standards of the law, and to attract clients of the most urgent issues of the moment. His passionate love of books, his dedicated friendships, and his wry humor abide in our hearts.”

The National Lawyers Guild and all justice-loving people will miss Victor Rabinowitz. He was a giant of a man.

MARJORIE COHN is a professor at Thomas Jefferson School of Law and president of the National Lawyers Guild. She is the author of Cowboy Republic: Six Ways the Bush Gang Has Defied the Law

 

 

Marjorie Cohn is professor emerita at Thomas Jefferson School of Law and former president of the National Lawyers Guild. She writes, speaks and does media about human rights and U.S. foreign policy. Her most recent book is “Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues.” Visit her website at http://marjoriecohn.com/ and follow her on Twitter at @marjoriecohn.

More articles by:

CounterPunch Magazine

minimag-edit

bernie-the-sandernistas-cover-344x550

zen economics

Weekend Edition
February 24, 2017
Friday - Sunday
Pierre M. Sprey - Franklin “Chuck” Spinney
Sleepwalking Into a Nuclear Arms Race with Russia
Ajamu Baraka
Malcolm X and Human Rights in the Time of Trumpism: Transcending the Master’s Tools
Jeffrey St. Clair
Roaming Charges: Exxon’s End Game Theory
John Laforge
Did Obama Pave the Way for More Torture?
Mike Whitney
McMaster Takes Charge: Trump Relinquishes Control of Foreign Policy 
Paul Street
Liberal Hypocrisy, “Late-Shaming,” and Russia-Blaming in the Age of Trump
Patrick Cockburn
The Coming Decline of US and UK Power
Louisa Willcox
The Endangered Species Act: a Critical Safety Net Now Threatened by Congress and Trump
Vijay Prashad
A Foreign Policy of Cruel Populism
John Chuckman
Israel’s Terrible Problem: Two States or One?
Matthew Stevenson
The Parallax View of Donald Trump
Norman Pollack
Drumbeat of Fascism: Find, Arrest, Deport
Stan Cox
Can the Climate Survive Electoral Democracy? Maybe. Can It Survive Capitalism? No.
Ramzy Baroud
The Trump-Netanyahu Circus: Now, No One Can Save Israel from Itself
Edward Hunt
The United States of Permanent War
David Morgan
Trump and the Left: a Case of Mass Hysteria?
Pete Dolack
The Bait and Switch of Public-Private Partnerships
Mike Miller
What Kind of Movement Moment Are We In? 
Elliot Sperber
Why Resistance is Insufficient
Brian Cloughley
What are You Going to Do About Afghanistan, President Trump?
Binoy Kampmark
Warring in the Oncology Ward
Yves Engler
Remembering the Coup in Ghana
Jeremy Brecher
“Climate Kids” v. Trump: Trial of the Century Pits Trump Climate Denialism Against Right to a Climate System Capable of Sustaining Human Life”
Jonathan Taylor
Hate Trump? You Should Have Voted for Ron Paul
Franklin Lamb
Another Small Step for Syrian Refugee Children in Beirut’s “Aleppo Park”
Ron Jacobs
The Realist: Irreverence Was Their Only Sacred Cow
Andre Vltchek
Lock up England in Jail or an Insane Asylum!
Rev. William Alberts
Grandiose Marketing of Spirituality
Paul DeRienzo
Three Years Since the Kitty Litter Disaster at Waste Isolation Pilot Plant
Eric Sommer
Organize Workers Immigrant Defense Committees!
Steve Cooper
A Progressive Agenda
David Swanson
100 Years of Using War to Try to End All War
Andrew Stewart
The 4CHAN Presidency: A Media Critique of the Alt-Right
Edward Leer
Tripping USA: The Chair
Randy Shields
Tom Regan: The Life of the Animal Rights Party
Nyla Ali Khan
One Certain Effect of Instability in Kashmir is the Erosion of Freedom of Expression and Regional Integration
Rob Hager
The Only Fake News That Probably Threw the Election to Trump was not Russian 
Mike Garrity
Why Should We Pay Billionaires to Destroy Our Public Lands? 
Mark Dickman
The Prophet: Deutscher’s Trotsky
Christopher Brauchli
The Politics of the Toilet Police
Ezra Kronfeld
Joe Manchin: a Senate Republicrat to Dispute and Challenge
Clancy Sigal
The Nazis Called It a “Rafle”
Louis Proyect
Socialism Betrayed? Inside the Ukrainian Holodomor
Charles R. Larson
Review: Timothy B. Tyson’s “The Blood of Emmett Till”
David Yearsley
Founding Father of American Song
FacebookTwitterGoogle+RedditEmail