Federal Bar Council Quarterly Sept./Oct./Nov. 2018 14 companied by a rigorous registra- But the effort came too late for any stages of a party on Chappaquid- tion system that required “enemy counterpart to the U.S. restitution dick for six “Boiler Room girls” aliens” (including many Cana- program – the last survivors of the (young women who worked on dian citizens) to report regularly intern program died in 1991 and Robert Kennedy’s 1968 presi- to the police. And their freedom 1992, and they were very young dential campaign) and six mid- of movement and of speech was children when interned (one was dle-aged men, five of whom were curtailed. The account in the Ca- born in a camp). married (including Kennedy). nadian Encyclopedia places the We in this country are not Most of the reporting has been de- total camp population at 8,579. Of unique in this perversion of our voted to Kennedy’s two accounts this number, many were “paroled” democratic ideals. – his volunteered account on the in 1916-17, especially to do farm morning of to the local work under close supervision in police chief, and his July 25 tele- response to a critical labor short- vised statement (authored by his age. Other parolees were sent as Legal History brother’s principal speechwriter, paid workers to railway gangs and Theodore Sorensen). Those two mines. Conditions were notori- Chappaquiddick: Did accounts are in material disagree- ously bad in certain camps. The The Justice System ment; furthermore, both have one in Kapuskasing in remote been shown – by countless ana- northern Ontario experienced a Work? lysts – to be false and misleading riot and strike in 1916 that was on numerous key points. only put down with the arrival of By C. Evan Stewart This article will not relitigate 300 soldiers. It is interesting that that well-trod ground. Rather, the these were called “concentration focus will be on how well the camps” at the time – no mincing justice system handled what has of words here! been called the “most famous Though the camp population traffic fatality of the [Twentieth] was reduced by the parole pro- century.” grams, several camps continued in operation well past the end of The Police Investigation the war. Canada suffered consid- erable anti-immigrant agitation The only real “evidence” un- following the Russian Revolu- covered by the Edgartown police tion, roughly parallel to the “Red (which had jurisdiction over the Scare” south of the border. And investigation) was the account there were calls by some members Many trees have died since proffered by Kennedy himself to of Parliament and other officials July 18-19, 1969, quite a few of the police about one hour after he for mass deportations. Two of the them devoted to exploring what first reported the incident (nine camps were only closed in 1920. really happened when Mary Jo to 10 hours after it occurred). It In recent years, Canada has Kopechne perished in Sena- was handwritten by his friend made an effort to recognize and tor Edward Moore Kennedy’s Paul Markham (a former U.S. At- redress some of the evils of the Oldsmobile Delmont 88 when it torney for and a internment program. Trilingual drove off Dike Bridge and was participant in the prior evening’s plaques and accompanying cere- submerged in Poucha Pond on party), and its text is as follows: monies have appeared at many lo- , in Ed- cations. The national human rights gartown, Massachusetts. That ac- On July 18, 1969, at approxi- museum in Winnipeg takes notice. cident occurred during the latter mately 11:15 p.m. in Chap- 15 Sept./Oct./Nov. 2018 Federal Bar Council Quarterly

paquiddick, Martha’s Vine- The victim’s name was left least) several more drinks at the yard, Mass., I was driving blank because neither Kennedy party, and it was widely known my car on Main Street on my nor Markham knew how to spell (in Washington circles) that he way to get the ferry back to her last name. At no time thereaf- had had a serious drinking prob- Edgartown. I was unfamil- ter did Kennedy provide any other lem since his brother’s 1968 as- iar with the road and turned information to the police; and he sassination. Also unknown to the onto Dike Road instead of refused to answer any questions. police was the fact that the small bearing hard left on Main The five remaining single women house on the island where the Street. After proceeding for at the party were whisked off the party took place had been stocked approximately one half mile island on July 19 before the po- with three half-gallon bottles of on Dike Road, I descended a lice knew they had ever been at vodka, four fifths of scotch, two hill and came upon a narrow the party (or that there had even bottles of rum, and two cases of bridge. The car went off the been a party). None of the four beer (and two of the men present side of the bridge. There was other married men who attended – Crimmins and Gargan – drank one passenger with me, one the party – besides Kennedy – (in- no alcohol that night); all evi- Miss Mary ______, a former cluding Markham and Kennedy’s dence of what was in the house secretary of my brother, Sen- cousin, ) was ques- was quickly vacuumed up on ator Robert Kennedy. The tioned; the sixth man at the party – July 19 by Kennedy aides. Final- car turned over and sank into Kennedy’s aide and often chauffer, ly, Kopechne – known as a very the water and landed with John Crimmins – later offered a moderate drinker – was found the roof resting on the bot- conclusory, tersely written state- (after nine or 10 hours of being tom. I attempted to open the ment that moved the evidentiary submerged in cold salt water and door and the window of the needle not one whit. Kopechne’s then several more hours after hav- car but have no recollection body was flown off the island to ing been removed from the car) of how I got out of the car. I by another Kennedy to have had an alcohol content in came to the surface and then aide on July 20 (he had been di- her blood of 0.09 – the equivalent repeatedly dove down to the rected to do so on July 19, before of having had five or six drinks car in an attempt to see if the Kennedy notified the police of his in the hour before her death (i.e., passenger was still in the car. involvement); there had been only she was “legally drunk”). None I was unsuccessful in the at- a cursory review of her body, with of the foregoing played any part tempt. I was exhausted and no autopsy or official statement as in the police investigation. in a state of shock. I recall to the cause of death. Then there was the question walking back, to where my For multiple reasons – includ- of liability. Under Massachusetts friends were eating. There ing the fact that nine or 10 hours law, “[a]ny person who wan- was a car parked in front of had passed since the incident, and tonly or in a reckless or grossly the cottage, and I climbed that Kennedy seemed uninjured, negligent manner did that which into the back seat. I then was perfectly calm, and in full resulted in the death of a human asked for someone to bring command of his faculties on the being was guilty of manslaugh- me back to Edgartown. I re- morning of July 19 – the senator ter, although he did not contem- member walking around for was not subjected to any testing plate such a result.” In meeting a period of time and then go- for alcohol. Nonetheless, it was that standard, besides factoring in ing back to my hotel room. later established that he had had whether Kennedy was impaired When I fully realized what numerous cocktails in the latter when he drove off the bridge had happened this morning, part of the afternoon of the 18th (which went unexplored), an- I immediately contacted the (along with a beer or two – all other key question would have police. before the party), that he had (at been to determine how fast the Federal Bar Council Quarterly Sept./Oct./Nov. 2018 16 car was going when it drove off sponse was “for any first of- municado, at his family’s Hyan- the bridge. The police, however, fender,” it would be a suspended nisport compound with a bevy of made no effort to answer that sentence. (That, of course, posed advisors trying to figure out what question. Then there was the is- a problem given Kennedy’s Vir- to do). Ultimately, those two con- sue of Kennedy’s driving history. ginia offenses.) Would the judge flicting considerations won out, Two facts complicated that sub- go along? The local prosecutor and Kennedy’s legal team met ject: First, his driver’s license had could not make any such repre- again with the local authorities expired; and second, Kennedy sentation. The Kennedy team, to seal the deal: Kennedy would had at least three reckless driving without authority to commit to agree to waive a hearing, plead convictions in Virginia (and two anything, said they had to go guilty to leaving the scene, and other Virginia charges for driv- back and check with the people a suspended sentence would be ing without a license). The local “calling the shots.” jointly proposed to the judge. authorities judged the former fact The dangers in not taking a At 8:58 a.m. on Monday July (when it was belatedly brought to guilty plea were significant: (i) 25, Kennedy and his legal team their attention) of no importance; a public trial; (ii) a presentation sat in Judge James Boyle’s Ed- as to the latter fact(s), the police of evidence; (iii) party attendees gartown courtroom. The charge were (and remained) unaware. could be subpoenaed to testify; of leaving the scene was read (iv) Deputy Sheriff Christopher aloud and Kennedy was asked: A Deal and Then a Plea (“Huck”) Look would undoubt- “How do you plead? Guilty or edly be a witness, and he posed not guilty?” With more than a lit- Based upon the “investiga- great problems for central tenets tle difficulty, Kennedy was able tion,” the local police and special of Kennedy’s story – he had seen to offer a whispering “guilty.” prosecutor for the county con- Kennedy’s car (with a man and Then, after a summary of the “ev- cluded that there was “no crimi- woman in the front seat) at 12:45 idence,” Judge Boyle asked if the nal negligence” on Kennedy’s a.m. on July 19 / Look, in his po- defendant had made a “deliber- part, nor was there any evidence lice uniform, had stopped his car ate effort” to conceal his identity. “to indicate excessive speed or and walked to within 20 to 30 feet The police chief answered: “Not reckless driving.” But what about of the Kennedy car, which had to my knowledge, your honor.” the inescapable matters of Ken- also stopped; but it then turned Kennedy (who had spent nine to nedy’s leaving the scene of the quickly on to Dike Road and 10 hours after the accident con- accident (after causing a death) drove away at a fast speed / Look cealing his culpability) offered and not reporting it until nine or also would testify that the male no response. Both sets of lawyers 10 hours later? The police chief driver appeared “lost” and “con- then proposed a suspended sen- felt compelled to file a misde- fused”; (v) Kennedy would be tence. Before ruling, Judge Boyle meanor application, charging the subject to cross-examination; and asked whether there was any senator with that crime; the stat- (vi) based upon what transpired prior “record.” When told there ute provided a sentence of two at such a trial, evidence sufficient was “none” (which was not true), months to two years (with a man- to justify a manslaughter charge Judge Boyle agreed to a suspend- datory 20 days in jail). might well be developed. And as ed sentence, “[c]onsidering the A few days later the local the Kennedy camp contemplated unblemished record of the defen- prosecutor met with Kennedy’s those items, the public and me- dant and insofar as the Common- lawyers to discuss a deal. Ken- dia pressure for the senator to wealth represents that this is not a nedy’s team asked, if he pleaded make some statement as to what case where he was really trying to guilty, what would the local pros- happened had reached a mega- conceal his identity.” ecutor recommend to the judge boiling point (since the accident, And with that seeming to end in the way of a penalty. The re- Kennedy had holed up, incom- his legal problems, Kennedy went 17 Sept./Oct./Nov. 2018 Federal Bar Council Quarterly on national television that night nedy’s legal team petitioned the ber 1 ruled that there was “[n] to read the Sorensen speech. It Massachusetts Supreme Judicial o evidence [that] anything other saved his political career with the Court on September 2 for a tem- than drowning had caused the Massachusetts voters; but it also porary restraining order to stop death of .” As served to exacerbate the many in- the inquest. On October 30, the such, there would be no exhuma- explicable, unanswered questions court not only ordered the press tion and autopsy of her body. that remained regarding the death and public be barred from the in- Before the inquest could be- of Kopechne and his own conduct. quest (because of all the publicity gin, yet another odd thing hap- that had already accompanied the pened: the lead detective for the accident, further media coverage district attorney’s office con- Based upon the might “make it difficult, if not tacted and later met twice with “investigation,” the impossible,… to insure a defen- key Kennedy advisors to give local police and dant a fair trial in any criminal them detailed “heads-ups” about special prosecutor proceedings which may follow”), what evidence and testimony the it also inexplicably ordered that district attorney intended to put for the county con- the entire record from such a pro- on at the inquest. The detective cluded that there ceeding be impounded until after (Bernie Flynn) wanted to help the was “no criminal any prosecution of Kennedy’s senator (who he thought not only negligence” on Ken- conduct could be undertaken. had clearly lied in his television nedy’s part, nor was With those guidelines, Judge speech, but had also been “in the Boyle re-scheduled the inquest to bag” when he was driving on the there any evidence begin on January 5, 1970. night of July 18-19): “My main “to indicate exces- While the injunction peti- purpose is, I don’t want Ted Ken- sive speed or reck- tion was pending, Dinis brought nedy to get caught in a big lie that less driving.” on his own petition (in Pennsyl- could really make him go down vania), seeking the exhumation the drain.” Risking his entire pro- and autopsy of Kopechne’s body fessional career to have the senator The Inquest (citing evidence of blood on her (and the Kennedy machine) owe body and clothing). Mr. and Mrs. him one, Flynn did his best to put Kennedy’s legal problems Kopechne (after allegedly re- the Kennedy advisors’ “mind[s] at were not in fact over, however, ceiving counseling from an old ease that there weren’t going to be because another prosecutor, the friend, Cardinal any surprises [at the inquest]. And district attorney for the Southern Cushing) judicially intervened they seemed to like that.” District of Massachusetts, Ed- and opposed the disturbance of On January 5, contrary to the ward Dinis, also had jurisdiction. their daughter’s body. On Octo- order of witnesses proposed by And on the same day Kennedy ber 20-21, a Wilkes-Barre judge Dinis, Judge Boyle required that returned to the Senate (July 31), held a hearing on the petition. the senator testify first. Kennedy, Dinis requested an inquest into Notwithstanding testimony from under oath, was then allowed to Kopechne’s death. On August 8, witnesses (including a Kopechne present essentially a rambling Judge Boyle agreed to that re- expert) that Kopechne was alive monologue that tried to accom- quest, setting the inquest to take and breathing for some period modate as best he could his two place on September 3. Fearing while trapped in the car under- prior (inconsistent) versions, the public nature of an inquest water (which could have sup- anticipate Look’s (and others’) (and the potential for such a pro- ported the notion that Kopechne testimony (based upon Flynn’s ceeding exposing Kennedy to a suffocated, as opposed to having “heads-ups”), refute any notion charge of manslaughter), Ken- drowned), the judge on Decem- that he was not “absolutely so- Federal Bar Council Quarterly Sept./Oct./Nov. 2018 18 ber” at the time of the accident, paid for by Kennedy – did not do attempts to save Kopechne). Un- and negate any suggestion that he such a great job. But Dinis and fortunately, the two men (neither was driving recklessly (Kennedy Judge Boyle did not do much in of whom could claim “shock” swore he was driving at 20 miles identifying various holes or in- etc.) were not pressed on why per hour). Dinis – a Democrat, consistencies in their stories and they had not summoned help, or who was running for re-election drilling down on them. For ex- (as officers of the court) had not that year, and thus understood ample, Ray LaRosa (a Kennedy reported the accident at once. well the dangers of taking on campaign worker) confirmed that Both dissembled about the ex- Kennedy – allowed the senator he and two of the “Boiler Room” tent of Kennedy’s drinking. And to bob and weave, not answer- girls (while doing a “conga line” Gargan was never asked whether ing and/or filibustering differ- in the middle of the main street a frantic Kennedy had discussed ent questions. When he thought after midnight) had interacted that night offering up alternative he could, Kennedy flat out lied with Huck Look driving from the explanation(s) for the accident (for example, he keyed the time direction of the ferry (right after – which he had: e.g., Kopechne of when he asked Gargan and Look had seen Kennedy’s car), was driving alone in the car (Gar- Markham to help him rescue Ko- and just before meeting up with gan was prepared to answer – if pechne to a clock in a rental car Look, LaRosa and the women had asked – that “that was discussed, back at the party house; The Bos- been passed by another car head- but not acted upon.”). Nor was ton Globe later proved the car had ing toward the ferry (i.e., where either man asked in detail about no clock). When asked about his Look had just seen it). Notwith- what happened when they con- numerous telephone calls on the standing this obvious bombshell fronted a calm and unconcerned morning of the 19th (before he to Kennedy’s time-line and ver- Kennedy at 8:00 a.m. on the 19th, notified the police of his involve- sion of events, neither Dinis nor and why it had taken the senator ment), he dissembled, with good Boyle pursued it. almost an additional two hours to reason – one of the calls was to Another Kennedy aide, report the accident. his mistress in . When Di- Charles Trotter, also made a hash As for the witnesses who inter- nis tried to impeach Kennedy’s out of Kennedy’s time-line. And acted with a calm and dressed-for- testimony with his volunteered this had a significant personal yachting Kennedy the morning statement to the police on the consequence to him. Trotter – a of the 19th, the district attorney 19th, Judge Boyle stopped him married man – had taken two did not develop a full record. For (the statement “speak[s] for it- extended midnight “walks” with example, the man who spent 30 self”), and when Dinis pursued one of the “Boiler Room” girls; minutes with the senator was not it further with leading questions, by this testimony, Kennedy’s questioned on several key matters the judge pronounced: “There is walk back from the accident he told investigators. Another man no cross-examination in this in- to seek help from Gargan and who had witnessed Kennedy’s se- quest!” After three hours, the sen- Markham would have had him rious imbibing the afternoon be- ator walked out of the courthouse meeting up with them on at least fore was not even called to testify. “satisfied I responded in the most one of their “walks.” This hole in When the “Boiler Room” girls complete way possible to all the Kennedy’s story went unpursued. testified, their performances were questions put to me by the judge Gargan and Markham did so unpersuasive that Judge Boyle and the district attorney.” their best to follow the televised took over much of the question- Now all the Kennedy team Kennedy version of events (which ing, with numerous sarcastic and had to worry about was the oth- had, among other things, revealed pointed inquiries that reflected er 25 listed witnesses. The party for the first time that Kennedy frustration at their seemingly col- participants – even with enor- enlisted their help after the acci- lusive testimony. mous coaching, and their lawyers dent and they had made repeated Deputy Sheriff Look’s tes- 19 Sept./Oct./Nov. 2018 Federal Bar Council Quarterly timony came in as advertised. factored in. appears to have contributed to the And while he could not swear On February 18, the judge death of Mary Jo Kopechne.” with metaphysical certainty that filed his report and the transcript Although what Judge Boyle it was Kennedy’s car he inter- of the inquest under seal with the laid out constituted a basis for the acted with at 12:45 a.m. on July Edgartown Superior Court clerk. issuance of an arrest warrant for 19, his identification of the type The documents were subsequent- manslaughter, he did nothing; in of car and the license plate letters ly brought to the Superior fact, he retired from the bench two and numbers left little doubt that Courthouse for safekeeping. De- days later on February 20. The it was the senator’s car (it was spite the not-so-perfect inquest’s matter was left on the doorstep of later proven with metaphysical search for the truth, the report Dinis. Upon Dinis’ return to Mas- certainty, but Dinis decided not to contained a number of bomb- sachusetts from a vacation abroad, put that evidence into the inquest shells, none good for the senator. he was stunned (“son of a bitch!”) record). The diver who recovered First, Boyle found that the testi- to read Boyle’s (still confidential) Kopechne’s body from the car mony of the witnesses contained report. Recognizing he was now was severely limited as to what a great number of “inconsistences between a rock (Boyle’s report) he was allowed to testify (i.e., and contradictions.” Second, he and a hard place (prosecuting that the position of Kopechne’s placed the accident as “between Kennedy), Dinis froze. He would body in the car meant she was 11:30 p.m. on July 18 and 1:00 soon find a group of people who gasping into an air bubble at the a.m., on July 19” (not resolving would try to unfreeze him. back of the car; that she did not the conflict between Kennedy drown, but suffocated; and that and Look’s testimony). Third, The Grand Jury she could have been saved if he he expressly rejected Kennedy’s (or another professional diver) sworn claim that he had mistak- The grand jury of Dukes had been called immediately af- enly taken a 90 degree turn on to County, Massachusetts, had been ter the accident). the dirt road leading to the bridge pursuing Dinis to investigate the The inquest ended with a (and beach beyond): “Kennedy accident/death; but it had been whimper on January 8. Left un- and Kopechne did not intend to persuaded to hold off until after called as witnesses included (i) drive to the ferry slip and his turn the inquest. On March 17, the the residents of the houses right onto Dike Road had been inten- grand jury foreman wrote Joseph near the bridge, whose testimony tional.” Fourth, that (i) driving at Tauro, chief justice of the Superi- would have directly contradicted 20 miles per hour (as Kennedy or Court, requesting that the pan- Kennedy’s (i.e., the existence of testified to) was “at least - negli el be reconvened in order to in- house lights being on – which gent and possibly reckless”; (ii) vestigate Kopechne’s death. Nine Kennedy denied emphatically); if Kennedy knew of the hazard days later, Tauro judicially green- and (ii) a next-door neighbor to ahead of him (i.e., the bridge), lighted the grand jury to convene the party house, who would have such driving would constitute on April 6 to hear evidence on the testified to “yelling, music[,] and criminal intent; (iii) because the matter. Given Boyle’s report, this general sounds of hell-raising” senator had twice driven over looked like a moment of maxi- until 1:30 a.m. on the 19th. Upon the bridge earlier on July 18, mum danger for Kennedy’s polit- his return to Washington, Ken- the judge concluded that it was ical career, as well as his liberty. nedy told reporters: “I’m glad it’s “probable” that Kennedy knew of Fortunately for Kennedy, the over…. I am hopeful now of get- the hazard; and (iv) in light of the case was assigned to Judge Wil- ting back to the business of the foregoing, “[t]here is probable fred J. Paquet; he was not only senate.” But before that could re- cause to believe that…Kennedy an old-time Democratic machine ally be the case, Judge’s Boyle’s operated his motor vehicle neg- politician (and Kennedy stal- inquest report would have to be ligently…and that such operation wart), he was also a former cli- Federal Bar Council Quarterly Sept./Oct./Nov. 2018 20 ent of the senator’s lawyer. At the “I plan no further statement on ruefully observe: “The girl outset of their April 6 session, the this tragic matter.” And for the died. And I got defeated.” grand jury heard a 90 minute ora- rest of his life, that is where Ken- • The Massachusetts Motor tion by Paquet about how limited nedy let things stand (e.g., “I’ve Vehicles Registry concluded their function was in investigat- answered all the questions.”). in May 1970 that Kennedy ing the matter. And to make that Did the justice system work had been speeding and was directive crystal clear, he told the vis-à-vis Kennedy and Kopech- “at serious fault” for the ac- jurors they would not be permit- ne’s death? I will let the reader(s) cident. Nonetheless, it has ted to see any of the inquest ma- decide. That said, let me add what refused since then to release terials or Judge Boyle’s report. Dinis stated long after Kennedy its report without written au- Furthermore, they would not be was free from criminal exposure: thorization from Kennedy permitted to subpoena anyone “There’s no question in my mind (which was never forthcom- who had testified at the inquest; that the grand jury would have ing during his lifetime). A instead, they would be permitted brought an indictment against subsequent analysis of what only to subpoena “other” wit- for manslaughter, if happened that night by one of nesses and could consider only I had given them the case.” the country’s leading experts what the judge or district attor- on car accidents concluded ney showed them, or what they that Kennedy’s account of his knew “personally” about the ac- Dinis stated long speed (20 miles per hour) was cident. Compounding the judge’s after Kennedy was an error. The expert’s analysis erroneous directions, Dinis told free from criminal was that the car was traveling the jurors that there was nothing exposure: “There’s at “a minimum speed outside in the inquest transcripts or Judge of 30 mph; it could have been no question in my Boyle’s report that would sup- going as fast as 38 mph.” mind that the grand port any criminal charges against • and Read- Kennedy. jury would have er’s Digest have both done Faced with these astonishing brought an indict- significant investigatory re- (and improper) roadblocks, the ment against Ted porting on Chappaquiddick, grand jury called four inconse- Kennedy for man- and that excellent work can quential witnesses, who testified be accessed via the internet slaughter, if I had for a total of 20 minutes. Thereaf- for those who wish a more ter, frustrated, but stymied by Pa- given them the thorough account of what ac- quet and Dinis, the jurors threw case.” tually took place in in the towel and were dismissed and thereafter. The leading by the judge. (and best) book on the subject Kennedy was now truly free Postscripts is Leo Damore’s “Senatorial from criminal exposure. The in- Privilege: The Chappaquid- quest record and Boyle’s report • In November 1970, Kennedy dick Cover-Up” (Regnery were subsequently made public was re-elected to the senate Gateway 1988). See, also, Spy on April 29, 1970. And although (where he served until his magazine (November 1987) they caused a media firestorm death in 2009). Dinis, on the (“Experts Decide: Will Teddy (and greatly inflamed the grand other hand, lost his bid for Go to Hell?”). The 2017 mov- jurors), Kennedy’s stonewall a fourth term as district at- ie Chappaquiddick (Apex En- stood firm. As to Boyle’s find- torney. Although he did not tertainment) is not sympathet- ings, the senator issued a state- think Kennedy had “a direct ic to Senator Kennedy or his ment: “I reject them.” He added: role” in his defeat, Dinis did conduct; at the same time, it is 21 Sept./Oct./Nov. 2018 Federal Bar Council Quarterly

not wholly consistent with the was a joy to encounter, only 5’5” a volunteer in Senator Bobby known, undisputable facts (let tall, slightly rotund, and always Kennedy’s office, and alone in attempting to resolve sporting his trademark bowtie. I was poised to run for Congress the innumerable inconsisten- He loved to sing enthusiastically in Brooklyn in 1968. I shared a cies in testimony and disputed in the City Bar chorus produc- report with Ed that I had done facts). tions, or to share a story, eyes pop- for the senator on Brooklyn poli- • In response to President Ger- ping joyfully with a puckish grin. tics that caused Ed to reminisce ald Ford pardoning his pre- He, more than anyone, enjoyed about his then recent experience decessor, Richard Nixon, in the confidence of all the judges, of becoming “Boss” of the Man- 1974, Kennedy posed this politicians, and leaders of the bar hattan Democratic Party. Several rhetorical question on the of New York City. Governors years later, upon the recommen- floor of the U.S. Senate: “Do Rockefeller and Mario Cuomo dation of Laura Hoguet, I was we operate under a system of and Mayors Koch and Giuliani appointed to Ed’s City Bar Judi- equal justice under law, or is (at different times) all appointed ciary Committee. there one system for the av- Ed to draft special plans or head His book, Behind Closed erage citizen, and another for special commissions, involving, Doors (Harcourt Brace, 1966), the high and mighty?” e.g., the decentralization of the gives insight into his thoughts city’s government, bribery at the on judicial selection and why he city’s Parking Violations Bureau, happened to become chair of the placement of the city’s school Judiciary Committee. Ed felt that Lawyers Who Have system under mayoral control, “No system of judicial selection Made a Difference and prevention of scandal. with which I am familiar is sat- isfactory.” In commenting about the Citizens Union’s and City Ed Costikyan Bar’s Judiciary Committee’s in- Both Les and I were volvement in judicial selection, By Pete Eikenberry and Les mentored in our Ed stated that their “brief inter- Fagen youthful legal views and hasty reviews of writ- ten dossiers led to superficial (Pete:) Both Les and I were careers by the judgments based upon quick im- mentored in our youthful legal legendary iconic pressions.” He further stated that: careers by the legendary iconic legal and political legal and political figure, Ed Cos- figure, Ed Costikyan. tikyan. The three of us crossed [L]et us disregard the [City] paths in about 1985 when Ed was Bar Association’s judgment the chair of the Judiciary Com- on sitting judges. Every time mittee of the Association of the As a junior associate, I met a sitting judge comes up for Bar of the City of New York and Ed in 1967 when he was a part- re-nomination – with rare we were members. Ed was the ner at Paul Weiss, during a drea- exceptions – he is dutifully proud son of an immigrant Ar- ry trial in the Bronx. Paul Weiss found to be “highly quali- menian rug dealer. In 1962, as a represented a co-defendant to fied” and therefore entitled to young lawyer and political ac- the client represented by my renomination. tivist, Ed had helped destroy the firm, White & Case. Our clients’ The Bar Association once legendary Manhattan Democratic respective legal positions were rated as “highly qualified” political machine, “Tammany so superior to the adversary’s one judge before whom I had Hall,” to become the New York that Ed often talked with me tried several cases. For fun, County Democratic leader. He during breaks. At the time, I was I checked with every other