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William Kunstler - The Man, The Myth, The Legend
William Kunstler - The Man, The Myth, The Legend
New York City and attended DeWitt Clinton High School.[3] He was educated at Yal
e College, graduating Phi Beta Kappa in 1941,[4] and Columbia University Law Sch
ool from which he graduated in 1948. While in school, Kunstler was an avid poet,
and represented Yale in the Glascock Prize competition at Mount Holyoke College
.
Kunstler served in the U.S. Army during World War II in the Pacific theater, att
aining the rank of Major, and received the Bronze Star. While in the army, he wa
s noted for his theatric portrayals in the Fort Monmouth Dramatic Association.[4
]
After his discharge from the Army he attended law school, was admitted to the ba
r in New York in 1948 and began practicing law. Kunstler went through R.H. Macy'
s executive training program in the late 1940s and practiced family and small bu
siness law in the 1950s before entering civil rights litigation in the 1960s.[2]
He was an associate professor of law at New York Law School (1950 1951).
Kunstler won honorable mention for the National Legal Aid Association's press aw
ard in 1957 for his series of radio broadcasts on WNEW, "The Law on Trial."[5] A
t WNEW, Kunstler also conducted interviews on controversial topics, such as the
Alger Hiss case, on a program called "Counterpoint."[6]
Civil rights career[edit]Rise to prominence (1957 1964)[edit]Kunstler first made h
eadlines in 1957 defending William Worthy, a correspondent for the Baltimore Afr
o-American, who was one of forty-two Americans who had their passports seized af
ter violating the State Department's travel ban on Communist China (after attend
ing a Communist youth conference in Moscow).[7] Kunstler refused a State Departm
ent compromise which would have returned Worthy's passport if he agreed to cease
visiting Communist countries, a condition Worthy considered unconstitutional.[8
]
Kunstler played an important role as a civil rights lawyer in the 1960s, traveli
ng to many of the segregated battlegrounds to work to free those who had been ja
iled. Working on behalf of the ACLU, Kunstler defended the "Freedom Riders" in M
ississippi in 1961.[9] Kunstler filed for a writ of habeas corpus with Sidney Mi
ze, a federal judge in Biloxi, and appealed to the Fifth Circuit; he also filed
similar pleas in state courts.[9] Judge Leon Hendrick in Hinds County refused Ku
nstler's motion to cancel the mass appearance (involving hundreds of miles of tr
avel) of all 187 convicted riders.[10] The riders were convicted in a bench tria
l in Jackson and appealed to a county jury trial, where Kunstler argued that the
county systematically discriminated against African-American jurors.[11]
In 1962, Kunstler took part in efforts to integrate public parks and libraries i
n Albany, Georgia.[12] Later that year, he published The Case for Courage (model
ed on President Kennedy's Profiles in Courage) highlighting the efforts of other
lawyers who risked their careers for controversial clients as well as similar a
cts by public servants.[13] At the time of the publication, Kunstler was already
well known for his work with the Freedom Riders, his book on the Caryl Chessman
case, and his radio coverage of trials.[13] Kunstler also joined a group of law
yers criticizing the application of Alabama's civil libel laws and spoke at a ra
lly against HUAC.[14][15]
Kunstler represented the first Title IX federal removal cases under the Civil Ri
ghts Act of 1964: protesters at the 1964 New York World's Fair.In 1963, for the
Gandhi Society of New York, Kunstler filed to remove the cases of more than 100
arrested African-American demonstrators from the Danville Corporation Court to t
he Charlottesville District Court, under a Reconstruction Era statute.[16] Altho
ugh the district judge remanded the cases to city court, he dissolved the city's
injunction against demonstrations.[16] In doing so, Judge Thomas J. Michie reje
cted a Justice Department amicus curiae brief urging the removal to create a tes
t case for the statute.[16] Kunstler appealed to the Fourth Circuit.[16] That ye
ar Kunstler also sued public housing authorities in Westchester County.[17]
In 1964, Kunstler defended a group of four accused of kidnapping a white couple,
and succeeded in getting the alleged weapons thrown out as evidence, as they co
uld not be positively identified as ones used.[18] That year he also challenged
Mississippi's unpledged elector law as well as racial segregation in primary ele
ctions; he also defended three members of the Blood Brothers, a Harlem gang, cha
rged with murder.[19][20]
Kunstler went to St. Augustine, Florida in 1964 during the demonstrations led by
Dr. Martin Luther King and Dr. Robert B. Hayling that resulted in the passage o
f the landmark Civil Rights Act of 1964. Kunstler brought the first federal case
under Title IX of the Civil Rights Act of 1964, which allowed the removal of ca
ses from county court to be appealed; the defendants were protestors at the 1964
New York World's Fair.[21]
ACLU director (1964 1972)[edit]He was a director of the American Civil Liberties U
nion (ACLU) from 1964 to 1972, when he became a member of the ACLU National Coun
cil. In 1966 he co-founded the Center for Constitutional Rights. Kunstler also w
orked with the National Lawyers Guild.
In 1965, Kunstler's firm Kunstler, Kunstler, and Kinoy was asked to defend Jack
Ruby by his brother Earl, but dropped the case because they "did not wish to be
in a situation where we have to fight to get into the case".[22][23] Ruby was ev
entually permitted to replace his original defense team with Kunstler,[24][25] w
ho got him a new trial.[26] In 1966, he also defended an arsonist who burned dow
n a Jewish Community Center, killing twelve, because he was not provided a lawye
r before he signed a confession.[27]
Kunstler's other notable clients include: Salvador Agron, H. Rap Brown,[28][29][
30][31] Lenny Bruce,[32] Stokely Carmichael,[2] the Catonsville Nine,[33] Angela
Davis, Larry Davis, Gregory Lee Johnson, Martin Luther King,[2] Gary McGivern,
Adam Clayton Powell, Jr.,[34] Filiberto Ojeda Rios, Assata Shakur, Lemuel Smith,
[35] Morton Sobell,[36] Wayne Williams, and Michael X.
"Chicago Seven" (1969 1972)[edit] While defending the Chicago Seven, he put the war
in Vietnam on trial - asking Judy Collins to sing "Where Have All The Flowers G
one" from the witness stand, placing a Viet Cong flag on the defence table, and
wearing a black armband to commemorate the war dead.
Ron Kuby, in his 1995 eulogy of Kunstler.[37]
Kunstler gained national renown for defending the "Chicago Seven" (originally "C
hicago Eight"), in a five-month trial in 1969 1970, against charges of conspiring
to incite riots in Chicago during the 1968 Democratic National Convention.[38] U
nder cross-examination, Kunstler got a key police witness to contradict his prev
ious testimony and admit that he had not witnessed Jerry Rubin, but had rather b
een given his name two weeks later by the FBI.[39] Another prosecution witness,
photographer Louis Salzberg, admitted under Kunstler's cross-examination that he
was still on the payroll of the FBI.[40]
The trial was marked by frequent clashes between Kunstler and U.S. Attorney Thom
as Foran, with Kunstler taking the opportunity to accuse the government of faili
ng to "realize the extent of antiwar sentiment".[41] Kunstler also sparred with
Judge Julius Hoffman, on one occasion remarking (with respect to the number of f
ederal marshals): "this courtroom has the appearance of an armed camp. I would n
ote that the Supreme Court has ruled that the appearance of an armed camp is a r
eversible error".[42] During one heated exchange, Kunstler informed Hoffman that
his entry on "Who's Who" was three times longer than the judge's, to which the
judge replied "I hope you get a better obituary".[35] Kunstler and co-defense at
torney Leonard Weinglass were cited for contempt (the convictions were later ove
rturned unanimously by the Seventh Circuit).[38] If Hoffman's contempt convictio
n had been allowed to stand, Kunstler would have been imprisoned for an unpreced
ented four years.[2][43]
The progress of the trial which had many aspects of guerrilla theatre--was covered
on the nightly news and made Kunstler the best-known lawyer in the country, and
something of a folk hero.[2] After much deadlock, the jury acquitted all seven
on the conspiracy charge, but convicted five of violating the anti-riot provisio
ns of the Civil Rights Act of 1968.[44] The Seventh Circuit overturned all the c
onvictions on November 21, 1972 due to Hoffman's refusal to let defense lawyers
question the prospective jurors on racial and cultural biases; the Justice Depar
tment did not retry the case.
American Indian Movement (1973 1976)[edit]Kunstler arrived in Pine Ridge, South Da
kota on March 4, 1973 to draw up the demands of the American Indian Movement (AI
M) members involved in the Wounded Knee incident.[45] Kunstler, who headed the d
efense, called the trial "the most important Indian trial of the 20th century",
attempting to center the defense on the Treaty of Fort Laramie (1868).[46] Kunst
ler's team represented Russell Means and Dennis Banks, two of the leaders of the
occupation.[47]
Kunstler objected to the heavy trial security on the grounds that it could preju
dice the jury and Judge Fred J. Nichol agreed to ease measures.[47] The trial wa
s moved to Minnesota.[48] Two authors and three Sioux were called as defense wit
nesses, mostly focusing on the historical (and more recent) injustice against th
e Sioux on the part of the U.S. government, shocking the prosecution.[49]
In 1975, Kunstler again defended AIM members in the slaying of two FBI agents at
Pine Ridge Indian Reservation, not far from the site of the Wounded Knee incide
nt.[50] At the trial in 1976, Kunstler subpoenaed prominent government officials
to testify about the existence of a Counter-Intelligence Program (COINTELPRO) a
gainst Native American activists.[51] District Judge Edward J. McManus approved
Kunstler's attempt to subpoena FBI director Clarence M. Kelley.[52]
Kunstler also defended a Native American woman who refused to send her daughter
with muscular dystrophy to school.[53]
Attica (1974 1976)[edit]In 1974 1975, Kunstler defended a prisoner charged with kill
ing a guard during the Attica Prison riot.[54] Under cross-examination, Kunstler
forced Correction Officer Donald Melven to retract his sworn identification of
John Hill, Kunstler's client, and Charles Pernasilice (defended by Richard Mille
r), admitting he still retained "slight" doubts that he confessed to investigato
rs at the time of the incident.[55] Kunstler focused on pointing out that all th
e other prosecution witnesses were testifying under reduced-sentencing agreement
s and called five prison inmates as defense witnesses (Miller called none), who
testified that other prisoners hit the guard.[56]
Despite Justice King's repeated warnings to Kunstler to "be careful, sir", Kunst
ler quickly became "the star of the trial, the man the jurors watch most attenti
vely, and the lawyer whose voice carries most forcefully".[57] Although the pros
ecution was careful to avoid personal confrontation with Kunstler, who frequentl
y charmed the jury with jokes, on one instance Kunstler provoked a shouting matc
h with the lead prosecutor, allegedly to wake up a sleeping jury member.[57] The
jury convicted Hill of murder and Pernasilice of attempted assault.[56] When Ku
nstler protested that the defendants would risk being murdered due to the judges
remanding them, King threatened to send Kunstler with them.[56] New York Govern
or Hugh Carey granted executive clemency to Hill and the other inmates in 1976,
even though Hill's name was not on the recommended list of pardons delivered to
the governor and his appeals were still pending.[58]
In June, Kunstler and Barbara Handshu, representing another inmate at Attica, Ma
riano Gonzales, asked for a new hearing on the role of FBI informant Mary Jo Coo
k.[59]
Assata Shakur (1977)[edit]Kunstler joined the defense staff of Assata Shakur in
1977, charged in New Jersey with a variety of felonies in connection with a 1973
shootout with New Jersey State Troopers.[60]
Collaboration with Kuby (1983 1995)[edit]
Kunstler was defending Omar Abdel-Rahman ("the Blind Sheik") for the 1993 World
Trade Center bombing at the time of his death.From 1983 until Kunstler's death i
n 1995, he employed future radio personality Ron Kuby as a junior partner. The t
wo took on controversial civil rights and criminal cases, including cases where
they represented Sheikh Omar Abdel-Rahman, head of the Egyptian-based terrorist
group Gama'a al-Islamiyah, responsible for the 1993 World Trade Center bombing;
Colin Ferguson, the man responsible for the LIRR shootings, who would later reje
ct Kuby & Kunstler's legal counsel and choose to represent himself at trial; Qub
ilah Shabazz, the daughter of Malcolm X, accused of plotting to murder Louis Far
rakhan of the Nation of Islam; Glenn Harris, a New York City public school teach
er who absconded with a fifteen-year-old girl for two months; Nico Minardos, a f
lamboyant actor indicted by Rudy Giuliani for conspiracy to ship arms to Iran; D
arrell Cabey, one of the persons shot by Bernard Goetz; and associates of the Ga
mbino crime family.
Kunstler's defense of the three clerics made him "more visible, more venerated,
more vilified than ever".[32]
During the first Gulf War, they represented dozens of American soldiers who refu
sed to fight and claimed conscientious objector status. They also represented El
-Sayyid Nosair, the assassin of the late Jewish leader Rabbi Meir Kahane who was
acquitted of murder charges.
Representation of mobsters[edit]Kunstler represented a number of convicted mobst
ers during his career, claiming "they were victims of government persecution" [6
1] and "I never made a nickel on an OC [organized crime] case."[62] Some of the
more prominent mobsters were Joe Bonanno, Raymond Patriarca, John Gotti, and Lou
is Ferrante, who claimed in his memoir, Unlocked: the Life and Crimes of a Mafia
Insider, that "he [Kunstler] took a hundred grand off me."[63]
Other work[edit]In 1979, Kunstler represented Marvin Barnes, an ABA and NBA bask
etball player, with past legal troubles and league discipline problems.[64]
During
of Law
in the
iously
of the
Kunstler appeared as a lawyer in the movie The Doors in 1991, as a judge in the
movie Malcolm X in 1992 and as himself in several television documentaries.[65]
Death and legacy[edit]In late 1995, Kunstler died in New York of heart failure a
t the age of 76. In his last major public appearance, at the commencement ceremo
nies for the University at Buffalo's School of Architecture and Planning, Kunstl
er lambasted the death penalty, saying, "We have become the charnel house of the
Western world with reference to executions; the next closest to us is the Repub