Lowering the Bar

The American Bar Association's new president has ties to some of the world's most repressive leaders.

BY C. BATKIN | NOVEMBER 13, 2009

Credible independent investigations following the events found Uzbek security forces responsible for hundreds of civilian deaths and rejected the Uzbek government's claims that the demonstrators were motivated by Islamic extremism. According to Human Rights Watch, Uzbekistan's government has refused to cooperate with international investigations, cracked down further on civil-society groups, and sought the forcible return of those who fled the country after the violence.

The AUCC declined to comment on Lamm's involvement with the organization, but her official biography shows that she's been active with the group since at least 1994.

Another of Lamm's ties to Uzbekistan is through Zeromax, a holding firm formed in 2001 that is widely reported to be controlled by Gulnara Karimova. "Zeromax is essentially one of the facades behind which Gulnara Karimova continues to tighten her grip on any and all available sources of income in the country by any means she deems necessary, with little or no regard for legal niceties," says one Central Asian analyst.

Karimova has denied any ties to the company, though some press accounts have reported that she controls it through intermediaries. Zeromax is alleged to have bullied competitors with extralegal methods, including kidnapping, extortion, and racketeering; the firm reportedly often simply takes over competitors, as reported by Harper's magazine. In Interspan Distribution Corp. v. Liberty Insurance Underwriters, Inc., a lawsuit filed in federal court in Houston, an American company claims that Zeromax used its influence with the government to drive it out of the country, even arresting or threatening to arrest its employees to force them to sign over assets. Currently, Zeromax dominates the oil and gas, uranium, agriculture, and gold-mining sectors, according to its Web site and the International Crisis Group. White & Case is the company's general counsel in London, Moscow, and Washington D.C., according to Zeromax's Web site, and Lamm served as the company's lead counsel in a 2007 lawsuit.

U.S. Federal Agent Registration Act documents show that Lamm has lobbied on behalf of other authoritarian states. She registered to lobby for Libya in 2008, at a time when the United States and Libya were in the process of normalizing relations. She was also registered as a lobbyist for the Bank of Zaire -- now the Democratic Republic of the Congo -- from 1981 through 1984, and White & Case was registered as a lobbyist for the Bank of Zaire from 1980 to 1991.

That the ABA would overlook Lamm's ties to Uzbekistan is all the more surprising given the organization's past advocacy on behalf of democracy and rule of law in the country. The association established an office of its Central European and Eurasian Law Initiative, or CEELI, in the 1990s to "furnish technical assistance on a wide range of issues essential for further consolidation of the rule of law" in the former Soviet Union and Central and Eastern Europe. In Uzbekistan, the program ran human rights clinics at government law institutes and supported public-defender centers.

In the wake of the international condemnation of the Andijan massacre, Uzbekistan's Ministry of Justice ordered ABA/CEELI to close it operations, as it did virtually all other NGOs. Currently, the ABA runs an "offshore" program for lawyers from Uzbekistan in neighboring Kazakhstan. A U.S. speech in March 2009 by the program director spoke of the many challenges of running such an initiative, most of which involved "ensuring the security" of the Uzbek participants invited to programs in Kazakhstan or Turkey.

The concerns about security are understandable. As Freedom House notes in its country report on Uzbekistan, "the judiciary is subservient to the president, who appoints all judges and can remove them at any time ... Police routinely abuse and torture suspects to extract confessions, which are accepted by judges as evidence and often serve as the basis for convictions."

Lamm declined to be interviewed for this story and it is unclear whether her ties with Uzbekistan will have an effect on her policies as ABA president. She has committed herself to updating the association's ethics guidelines to reflect "our changing world," and, in an August 2009 speech upon assuming the presidency of the ABA, stated, "It is not just the rule of law we are called to strengthen, but the rule of just law."

A noble goal indeed, and surely one that would be welcome by the beleaguered citizens of Uzbekistan.

 SUBJECTS:
 

C. Batkin is a freelance journalist.

EXOTTOYUHR

4:11 PM ET

November 20, 2009

Well, is this a surprise?

If liberals gave a darn about human rights, wouldn't there be outrage at Obama's fondness for people like the Saudi dynasty and Omar al-Bashir? If conservatives gave a darn about them, wouldn't there be conservative outrage over Guantanamo Bay? If any Americans actually believed that torture and slavery and horrible executions were wrong, wouldn't we hate Stalin and Mao more than Hitler? Human rights have very few friends in this country; Andrew Jackson-ness goes all the way to the bone.

 

WARRENCURRIER

6:32 PM ET

November 22, 2009

@ "Well, is this a surprise?" ...good comment, and don't forget

that Hilter and his Nazis were customers of the Rockefeller and Bush families.
(anyone reading this can do their own research on IG Farben, Rockefeller, Standard Oil, Prescott Bush, Brown Brother Harriman.

 

GRANT

8:14 PM ET

November 22, 2009

I see no reason to waste

I see no reason to waste space with two replies so:

In re. to Exottoyuhr, liberals care and have concerns over Saudi Arabia. The problem is, when the U.S does push nations to improve rights it is often ignored and that nation moves closer to the nations that don't care. When the U.S doesn't push them, it's criticized for backing dictators. In the realm of international politics it's much easier to simply say "Forget this, we urge freedom and less corruption and we get terrorists after us. China does business with men backing a genocide and the world loves them for it. We're going back to dictators".

On Lamm, while I have few problems with her as long as she keeps former associates and current duties separate I think that perhaps the ABA should have found someone a bit less heavily engaged in authoritarian states for the position.

 

WARRENCURRIER

10:08 PM ET

November 22, 2009

so, instead, Grant was able to waste space with one reply!!

Re: Lamm: Do you know what her current comitments are to these entities? Call White Case and ask. "Perhaps" you should/will do you homework. Historically, I am sad to say that the facts show that the US tends to support both sides in conflicts: Nazis v. Allies, Vietnam, Iran (Contra) v. Iraq, Israel v. Saudi Arabia.. ( oh yea, and our old boy OBL) If you have find the courage do spend some time and ink on us all -- waste a lot of space. Sir, it'll not be wasted if you live in a free land with free people who have courage. Otherwise, you, sir, may someday have a new job with the "Ministry of Truth".

 

GRANT

9:59 AM ET

November 25, 2009

Wow: The historical

Wow: The historical inaccuracies are just astounding.
Nazis/Allies: To start, were you aware that from between 1941-1945 the United States was an ALLIED nation? OR that before that the United States was openly expanding its military, lending destroyers and goods to Britain, fighting U-boats freely in the Atlantic, and demanding Japan leave China?
Vietnam: The United States worked with Ho Chi Minh until the end of WWII out of necessity. After this relations grew tense as the U.S wanted France's help and they suspected him of taking orders from Moscow (incorrectly but that's another matter) until the point where the U.S decided to interfere.
Osama bin Laden: To date, there has been NO evidence of him ever meeting any U.S officials or agents under any circumstances. Despite the efforts of Steve Coll and an army of reporters, no evidence has come from anywhere* to suggest he was even in the U.S after his terrorist/jihadist career started.
Iran/Iraq: Hard to call that backing both sides. The U.S sold Saddam weapons in the hopes he could overthrow the Iranian Islamic regime. The U.S later sold the Iranians (in the same war) weapons as part of an effort to get a group of hostages freed and to fund the Contras**.
Saudi Arabia/Israel: Hard to call it backing both sides when the two times Saudi Arabia was directly involved in a war with Israel (1967 and 1973) the United States was either uninvolved or negotiating for its end (Kissinger, at the height of the Watergate scandal ironically).
I'd say that you read too much Chomsky, except for the fact that even though I have my differences with him I have to admit that he checks his facts. You sir (I assume you are), do not.

*Not from D.C, known as 'leak capitol'. Not from Pakistan or Afghanistan which are both filled with people involved in the 1980s operations who are willing to talk. Not from Saudi Arabia, which doesn't even like talking about him. Not from Mr. bin Laden himself in any interviews.
**I hope you know that who the Contras were, but given the 'Iran (Contra)' phrasing I felt I should make sure that you were aware that the Contras were actually in Central America and had no direct ties to the Iranians.

 

JOSIE

11:17 AM ET

November 23, 2009

ABA's Lamm

So the article begs the question, why didn't the author contact the ABA to find out how Lamm got the job and why -- or their version of it? I find ominous her ideas that ABA has to be updated to "reflect our changning world." Really! So what does that mean?
Lawyers--the world's 2d oldest profession.

 

APARICIO

3:30 PM ET

November 23, 2009

good question Josie!

It is such a shame to have this lady as the Presidente of the ABA,

 

ADRIAN77

7:46 AM ET

November 25, 2009

Regarding Carolyn Lamm's reply

Ok, where does one start.

First of all, I don't think anyone is trying to deny that everyone deserves legal representation, even mass murderers and corrupt dictators. I think the point is not that Carolyn Lamm did something that was beyond the pale in terms of legal ethics by representing the government of Uzbekistan and Zeromax.

The question is whether the ABA should choose as its president someone who chose to represent such clients -- particularly in light of the fact that her client, the state of Uzbekistan, shut down the ABA's Rule of Law program in Uzbekistan a few years ago.

Would the ABA be likely to choose as its president someone whose last job was defending Milosevic, or Charles Taylor? How about a lawyer who has been representing the South African regime during apartheid? I think not.

The other point is that Lamm was apparently not simply providing legal representation but also lobbying for the Uzbek regime in Washington. Is it a legal principle supported by John Adams that every country has the right to get the best-connected insiders to shill for them in the halls of power in Washington?

The final insult is that Lamm uses this reponse to once again lobby for the Uzbek regime, by attacking the author for "maligning" the Uzbek regime, apparently by citing the country's Freedom House rating and the facts about the Andijan massacre and systematic torture without giving equal time to "arguments to the contrary" which come only from the regime and its paid agents like Lamm herself.

And finally, the comparison to President Obama doing business with China is just dumb. Did she really right that? Maybe an intern stuck that in by accident.

 

BAKINETS

9:04 AM ET

November 25, 2009

question for Carolyn Lamm

Lamm states that "throughout my past 35 years of leadership and involvement with the organization, I have always supported and had a deep respect for the ABA's work to enhance the rule of law and access to justice worldwide."
Among 400,000 members of the ABA -- whose motto is "Defending Liberty, Pursuing Justice" -- Carolyn Lamm was certainly the one with the closest connection to and the best relationship with the Uzbek government.
Given her statement above, did Lamm use this connection to do anything to try to step ABA-CEELI from being shut down by the Uzbek regime in April 2006? Any strongly worded memos to Islam Karimov?
Somehow I doubt it.