Lawyers Military Defense Committee
The Lawyers Military Defense Committee was a non-profit legal organization founded in 1970 by a group concerned that military members serving in Vietnam were unable to exercise their right to civilian counsel in courts-martial. LMDC existed for six years – two years in the combat zone of Vietnam, and for four years amidst disciplinary clashes inside US military forces in West Germany. During this period high caliber civilian representation and counseling by a cohort of young attorneys were provided free of charge country-wide, in often challenging and controversial cases for hundreds of service members, including scores of trial and post-trial proceedings. Initial logistical obstacles in Vietnam were ultimately resolved satisfactorily, so that communications with clients, other counsel, and the court could be accomplished pursuant to newly issued U.S. Army regulations, as were needs for access to military transport, billeting, and research facilities. In almost every instance representation by LMDC lawyers was welcomed by assigned military counsel. LMDC's operations in a war zone were unique. No undertaking of its kind has appeared in subsequent US conflicts.
Founding
In early 1970, from previous experiences at Clark Air Base in the Philippines where she observed the need for independent legal counsel for U.S. overseas military personnel, donor Anne Peretz set in motion the creation of LMDC. A board of directors of noted academic and civil rights attorneys was formed, including Harvard Law School professor Charles Nesson, professor John H. Mansfield, ACLU general counsel Norman Dorsen, ACLU legal director Melvin Wulf, Indiana University law professor Edward F. Sherman, and Boston civil liberties attorney William Homans. Other supporters were former U.S. Attorney General Ramsey Clark, former U.S. Justice Department official Burke Marshall, and Dean Abraham Goldstein of the Yale Law School. The aim of the office focused on representing military clients whose cases raised issues of dissent, racism, constitutional rights, and command influence.Funding
Funding came from charitable sources, including board member and major contributor Anne Peretz, The Rockefeller Family Fund, The Playboy Foundation, sales of lithographs and cartoons from artists Alexander Calder, Garry Trudeau, and Jules Feiffer, The Sachem Fund, several Quaker charities, Law Students Civil Rights Research Council, and direct mail appeals.History
Saigon office (1970–72)
Peter Hagerty, a navy veteran from the Harvard ROTC program, traveled to Vietnam in late summer of 1970, promoting by word of mouth the availability of LMDC legal services to GIs. Shortly thereafter, LMDC opened its doors at 203 Tu Do Street in the heart of Saigon. Initial staff members were director Henry Aronson, attorneys David Addlestone, Joseph Remcho, and office manager Susan Sherer. Attorney Dolores Donovan joined the office from March to November 1971. Later staff members were attorneys Howard De Nike and Edward Kopanski, and law student Susan Thorner.Heidelberg office (1972–76)
A second LMDC office opened at Maerzgasse 7, Heidelberg, Federal Republic of Germany, in August 1972, with the arrival of Howard De Nike, who had been working with LMDC in Saigon. Attorney Robert Rivkin joined the office in October 1972. Later staff members in West Germany were attorneys Mark Schreiber, William Schaap, and Christopher Coates, along with summer interns Gale Glazer and Louis Font, and, legal assistant Ellen Ray. Attorney David Addlestone provided stateside support in the form of federal court litigation and fundraising throughout operation of LMDC's West German office.Vietnam (1970–72)
Year One : Staff – director Henry Aronson, attorneys David Addlestone , Joseph Remcho, Dolores Donovan, and office manager Susan Sherer.Significant cases
In its initial year LMDC in Vietnam faced numerous logistical obstacles. Through the efforts in Vietnam of director Aronson and office manager Sherer negotiations for office lease, access to military communication systems, military transport to courts-martial sites, and use of military legal research facilities were concluded successfully. Court-martial defense and counseling services concentrated on matters of conscientious objection, fragging prosecutions, access by confinees at Long Binh stockade to reading materials and visitors. LMDC defended SP4 Gussie Davis against capital charges in a racially tinged double homicide. LMDC protected efforts by U.S. Air Force and naval personnel to circulate an anti-war petition in Vietnam. LMDC, with assistance of D.C. attorney David Rein, successfully resisted attempt to give other than honorable discharge to army 2LT for display of a Moratorium Day black armband. Attorney Joseph Remcho won a not guilty verdict for a black enlisted man charged with assault on a white NCO resulting from a "dapping" episode, in a trial where Remcho succeeded in persuading the convening authority to allow the court's members to be randomly selected.Year Two : Staff – Howard J. De Nike ; Edward Kopanski, and law student Susan Thorner .
Significant cases
December 1971, De Nike defended two soldiers charged with disobeying orders to provide urine samples for drug testing. Other court-martial defenses in Vietnam raised issues of racism, search and seizure, and command influence.West Germany (1972–76)
Year One : Staff – Attorneys Howard De Nike, Robert Rivkin ; and law student interns Louis Font and Gale Glazer.Significant cases
In October 1973, Robert Rivkin defended soldiers from the 3rd Infantry Division, Schweinfurt, West Germany, who had converted to the Sikh religion, against charges of disobeying orders to shave their beards and remove their Sikh turbans. On the basis that the orders violated their religious beliefs, the defense raised objections on First Amendment and Fourth Amendment grounds.LMDC in West Germany and Washington, D.C. filed and litigated Committee for GI Rights, et al., v. Callaway, Secretary of the Army, et al.,, a class action challenging as unconstitutional measures invoked by the army in the name of drug suppression, including mass searches of enlisted personnel, denial of freedom of expression and movement, and confiscation of personal property without due process.
Other court-martial cases involved the defense of PFC Larry Johnson who refused to report for duty in protest of U.S. support of the Portuguese colonial war in Mozambique ; and defense of PVT Raymond Olais for refusing an order to remove a poster of Che Guevara from his living quarters.
LMDC attorneys in West Germany worked extensively with journalist Max Watts regarding his efforts to report on Resistance Inside the Army.
Year Two :Staff – Robert Rivkin, Mark Schreiber, Bill Schaap, legal assistant Ellen Ray ; law student interns Louis Font and Gale Glazer.
Significant cases
Attorneys Rivkin and Schaap represented eleven black sailors aboard the U.S.S. Little Rock, flagship of the Sixth Fleet, Naples, Italy, charged in an outbreak of racial assaults. As a result of a petition to the U.S. Court of Military Appeals argued by LMDC attorney David Addlestone, the convening authority, Captain Peter Cullins, was disqualified as an interested party, since he was in command of the vessel and intervened personally at the time of the fighting.Years Three and Four : Staff – Christopher Coates, Heidelberg and Berlin.