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By Kent V. Anderson, Jonathon E. Hawley, Richard H. Parsons
Part 1: Challenging the detention of
a client who has been declared a material witness or the incommunicado
detention of any client
Martin Niemöller wrote the words
below in response to the infamous events of the Third Reich. It refers to the
arrest of people whom the Nazis deemed enemies of the state. Many of those
people were then shipped to concentration camps where they either became slave
laborers or were immediately murdered. Others who were arrested by the
uniformed storm troopers, and the secret Gestapo were taken to jail where they
awaited various fates, most often ending in a show trial and summary execution.
Before that, the people were often held incommunicado and secretly
interrogated. One could point to similar conduct, although usually on a smaller
scale, in almost any dictatorship. However, what is important for lawyers and
judges to remember is that everything the Nazis did was legal under German law.
This clearly shows that the law can be used to justify
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