[Salon] Ralph Nader on Sullivan and Cromwell's McCarthyite hiring practices



From the desk of Ralph Nader

Bruce Fein
Ralph Nader
Lou Fisher
 


From The New York Times: "Ralph Nader Assails Law Firm’s Vow to Exclude Some Campus Protesters"

In a letter to Sullivan & Cromwell, Mr. Nader and two other prominent legal figures condemned its efforts to screen job applicants for their participation in antiwar protests.

See the full letter below.

July 30, 2024

Dear Mr. Shenker:

This letter responds to your remarks reported in The New York Times, A Wall Street Law Firm Wants to Define Consequences of Israel Protests,” by Emily Flitter (July 9, 2024). 

Speaking as a leader of Sullivan & Cromwell, you stated all applicants for employment would be vetted for lawful statements, actions, or beliefs that your law firm defines as antisemitic, including mingling with pro-Palestinian demonstrators chanting “From the river to the sea, Palestine will be free.” Will Sullivan & Cromwell establish an Index of Forbidden words, songs, signs, or sayings that would be off limits to any of the firm’s employees?

We are concerned about the absence of due process safeguards that could destroy an applicant’s professional career in addition to Sullivan & Cromwell’s apparent complacency with hiring lawyers who engage in hate speech or violence against Arabs or other races. Doesn’t that discrepancy smack of George Orwell’s Animal Farm, “All animals are equal, but some or more equal than others?” Is Sullivan & Cromwell, now in its 145th year, seeking to make amends from its earlier history of notorious discrimination against Jews until the 1950s, not to mention biases against Muslims and Arabs?

There is no articulable definition of verbal antisemitism free from manipulation for ulterior purposes. Sullivan & Cromwell seems to equate anti-Zionism with antisemitism. But renowned scholars of Judaism like Allan C. Brownfeld insist that Zionism is a form of political idolatry that elevates worship of the State above worship of the Torah and God. Would Sullivan & Cromwell hire Mr. Brownfeld?

Will Sullivan & Cromwell provide applicants a fair warning of what words or acts will be treated as antisemitic? What will be Sullivan & Cromwell’s standard of proof? Reasonable suspicion, probable cause, a preponderance, clear and convincing, beyond a reasonable doubt, or non-fantastic speculation? What rules of evidence will govern the antisemitism vetting? Will hearsay be admitted? How will documents be authenticated? Will applicants have a right to counsel to voice objections and a right to confront their accusers? Who will do the vetting? What selection process will be employed to exclude persons hostile to Arabs, including Palestinians or proponents of a two-state solution? Who will decide? An outside arbitrator? A Sullivan & Cromwell Committee? How will impartiality be enforced? Will there be an appeal process?

We’ve seen this rodeo before with McCarthyism and the blacklisting of persons accused of Communist sympathies with or without evidence. The blacklisting of the Hollywood 10 was but the tip of the iceberg.

Sullivan & Cromwell should applaud students for exhibiting the courage and sense of justice required to protest Israel’s merciless, industrial-scale killings, bombardments, and starvation of hundreds of thousands of totally vulnerable Palestinian infants, children, women, and men with no responsibility for October 7. Does Sullivan & Cromwell prefer lawyers with hearts of stone who subordinate justice to greater anticipated profits, certain demanding clients, and billable hours?

Lawyers should be first responders when the rule of law is under attack. What has Sullivan & Cromwell said or done to oppose the serial violations of American and international humanitarian law, for example, the Leahy Amendment, the Foreign Assistance Act, the Arms Export Control Act, and the Genocide Convention, by the unconditional provision of powerful offensive weapons, military intelligence, and diplomatic cover for Israel by the United States for use against civilian populations in Gaza and the West Bank?

To further elaborate on the impulsive folly of your declaration, read the attached letter by 17 experienced Israeli human rights groups on December 13, 2023, New York Times to President Biden on “The Humanitarian Catastrophe in the Gaza Strip,” and an open letter in the New York Times on June 26, 2024, by 6 very prominent Israelis to the U.S. Congress to disinvite P.M. Netanyahu. Would any of their applications to join your firm Sullivan & Cromwell be rejected for protesting the mass slaughter and starvation of the civilian population in Gaza, most of them women and children? If so, wouldn’t your firm be accused of antisemitism? Are they not Jews every bit as much as Prime Minister Netanyahu?

Palestinians in Gaza and the West Bank have suffered vastly worse oppression under Israeli rule than the American colonists experienced under King George III, which provoked the American Declaration of Independence. Students should not be ostracized or penalized for protesting that unbearable oppression since 1967 coupled with the Israeli denial of the Palestinians’ right to self-determination as pronounced recently by the International Court of Justice.

How does Sullivan & Cromwell answer the recent reflections of two surgeons in Gaza during its annihilation by the IDF with United States weapons?

I’ve never seen such horrific injuries, on such a massive scale, with so few resources. Our bombs are cutting down women and children by the thousands. Their mutilated bodies are a monument to cruelty.

– Dr. Feroze Sidhwa, trauma and critical care surgeon

Gaza was the first time I held a baby’s brains in my hand. The first of many.
– Dr. Mark Perlmutter, orthopedic and hand surgeon

(See the open letter to President Joe Biden and the U.S. Congress titled, “45 American Health Workers’ Letter on Their Experiences in Gaza” dated July 25, 2024.)

And what does Sullivan & Cromwell think about the genocidal words of Israeli Defense Minister Yoav Gallant: "We are putting a complete siege on Gaza... No electricity, no foodno waterno gas -- it's all closed?” 

Moreover, discriminating against ethnic Arabs in the making of contracts is illegal under federal civil rights laws. St. Francis College v. Al Khazraji, 481 U.S. 604 (1987). If Sullivan & Cromwell’s vetting for antisemitism proves a pretext for discriminating against Arab Americans, it would be in violation of 42 U.S.C. 1981.

Even if Sullivan & Cromwell stays within the technical boundaries of the law, we deplore its greater affinity with Spanish Grand Inquisitor Thomas de Torquemada than with Voltaire.  Silencing, chilling, or deterring speech that offends no civil or criminal prohibition subtracts from our democratic dispensation and the health of civil society.

We suggest that Sullivan & Cromwell reconsider now before the outrage by law schools in September reaches your reputation and that of some of your clients. To err is human. To acknowledge error is divine.

Sincerely,

Bruce Fein, Esq.

Ralph Nader, Esq.

Lou Fisher

CC: National Law Journal

       Harvard Law Record

       American Bar Association

       New York City Bar Association

       Law School Placement Offices
       Plus other interested parties
 

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