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CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 20, 2008 Legal Aid Programs, Has Been an Enor- REMEMBERING COLONEL JOHN W

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CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 20, 2008 Legal Aid Programs, Has Been an Enor- REMEMBERING COLONEL JOHN W 24326 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 November 20, 2008 legal aid programs, has been an enor- REMEMBERING COLONEL JOHN W. Colonel Ripley, who at the time was a cap- mous success in securing legal rep- RIPLEY tain and a military adviser to a South Viet- namese Marine unit, blew up the southern resentation for lower-income Ameri- Mr. LEAHY. Mr. President, I regret cans. All 50 States have IOLTA pro- end of the Dong Ha Bridge over the Cua Viet to have to inform the Senate of the River on Easter Sunday, April 2, 1972. On the grams, and many States mandate par- passing of a truly great American: north side of the bridge, which was several ticipation by practicing attorneys. John W. Ripley, a retired Marine Corps miles south of the demilitarized zone, some This program provides funding to im- colonel and hero of the Vietnam war. 20,000 North Vietnamese troops and 200 tanks portant legal aid programs and helps Colonel Ripley will be best known for were poised to sweep into Quang Tri Prov- ensure that no person goes without his achievements and self-sacrifice dur- ince, which was sparsely defended. legal representation because of a lack ing the Vietnam war—particularly on Going back and forth for three hours while of resources. April 2, 1972, when he singlehandedly under fire, Captain Ripley swung hand over hand along the steel I-beams beneath the Our concern stems from the fact that blew up the Dong Ha bridge. That bridge, securing himself between girders and the TGLP Interim Rule concerning ac- bridge over the Cua Viet River was a placing crates holding a total of 500 pounds count insurance issued on October 23 major thoroughfare for an invasion of TNT in a diagonal line from one side of would not extend unlimited FDIC in- force from North Vietnam. Colonel the structure to the other. The I-beam wings surance to interest bearing lawyer Ripley, serving with a marine unit were just wide enough to form pathways trust accounts, ultimately hurting the from South Vietnam, moved around along which he could slide the boxes. public benefit generated by these ac- the bridge like it was a trapeze and When the boxes were in place on the counts. According to the FDIC’s pro- hung charges that would blow it up and bridge, Captain Ripley attached blasting caps to detonate the TNT, then connected posed rules for the TGLP, noninterest- prevent the enemy’s advance. That story is the subject of innumer- them with a timed-fuse cord that eventually bearing accounts would be insured to extended hundreds of feet. protect an unlimited amount of funds. able books and articles. It is an abso- ‘‘He had to bite down on the blasting caps But the insurance for interest-bearing lutely incredible feat, showing us how to attach them to the fuses,’’ John Grider accounts would be limited to $250,000. an act of individual bravery can have a Miller, author of ‘‘The Bridge at Dong Ha,’’ The lack of an exception for lawyer large strategic impact that affects an said on Monday. ‘‘If he bit too low on the trust accounts threatens the IOLTA entire force. Indeed, the removal of blasting cap, it could come loose; if he bit program because it poses a potential that bridge created a bottleneck that too high, it could blow his head apart.’’ conflict for attorneys. Many lawyer allowed allied forces to apply over- Captain Ripley bit safely, and the timed- trust accounts contain pooled client whelming air power and blunt that in- fuse cord gave him about half an hour to clamber off the bridge. Moments later, his funds, often in excess of $250,000. As a vasion. After Vietnam, Colonel Ripley had a work paid off with a shock wave that tossed result of the FDIC’s proposed rules, him into the air but otherwise left him there is legitimate concern that attor- distinguished career that included unharmed. neys would move client funds in excess going through some of the most chal- By placing the crates diagonally along the of $250,000 to noninterest-bearing ac- lenging training programs among the bridge, Mr. Miller said, Captain Ripley had counts in order to gain the insurance world’s militaries, including U.S. Army created ‘‘a twisting motion that ripped the protection, and in an effort to manage Ranger School. In his willingness to bridge apart from its moorings so it couldn’t client funds as responsibly as possible. undergo the ardors of combat and fall back in place, but collapsed into the river.’’ This potential ethical dilemma could training, he emerged a marine’s ma- There were about 600 South Vietnamese be prevented by a modification of the rine, a steely and strong individual al- ways ready to put his country and his marines near the south end of the bridge. proposed rules. ‘‘South Vietnam would have been in big fellow marines before himself. trouble,’’ said Fred Schultz, senior editor of Senator CARDIN, Senator SPECTER, John Ripley is a symbol for the vi- and I have suggested to the FDIC that Naval History Magazine, a publication of the brancy of the Marine Corps, one of the United States Naval Institute. ‘‘The force it modify its proposed rules to make an most storied military forces in the exception for lawyer trust accounts numbers defending on that side could not globe’s history, and a testament to have held against that North Vietnamese and provide unlimited insurance on in- how—amid the enormity and vast con- force.’’ terest bearing accounts containing cli- fusion of war—a single person can The destruction of the bridge created a ent funds. This would be an important make a difference. bottleneck for the North Vietnamese, allow- step towards preserving the success of I will miss seeing him at various ing American bombers to blunt what became the IOLTA program, and would remove events, including those of the Marine known as the Easter offensive. any potential ethical dilemma for at- Corps Law Enforcement Foundation. Captain Ripley was awarded the Navy torneys. Such a modification would en- Cross for his actions at the bridge. He served We will continue to honor his service two tours in Vietnam and remained on ac- sure that the interest generated by through support of the Marine Corps IOLTA accounts continues to be dis- tive duty until 1992, eventually rising to and of all of our soldiers, sailors, air- colonel. Among other decorations, he re- tributed through local nonprofit orga- men, and marines. ceived the Silver Star, two Bronze Stars and nizations in each State to fund invalu- I ask unanimous consent that an a Purple Heart. able legal aid services for low-income obituary on Colonel Ripley, which ap- John Walter Ripley was born on June 29, families. peared in the November 4 edition of the 1939, and grew up in Radford, Va., the son of I am hopeful that the FDIC will rec- New York Times, be printed in the Bud and Verna Holt Ripley. He enlisted in ognize the national importance and RECORD. the Marines out of high school in 1956, and a success of this program, and will create There being no objection, the mate- year later received approval from the sec- retary of the Navy to attend a preparatory the exception we have proposed. I rial was ordered to be printed in the school leading to his appointment to the would like to particularly thank the RECORD, as follows: Naval Academy, from which he graduated in Vermont Bar Association for its advo- [From the New York Times, Nov. 4, 2008] 1962. cacy in this regard, as well as the COL. JOHN W. RIPLEY, MARINE WHO HALTED Besides his son Stephen, Colonel Ripley is American Bar Association for its at- VIETNAMESE ATTACK, DIES AT 69 survived by his wife of 44 years, the former tention to this issue. Legal representa- (By Dennis Hevesi) Moline Blaylock; a sister, Susan tion for everyone is an imperative for a John W. Ripley, a highly decorated former Goodykoontz; two other sons, Thomas and fair and effective judicial system. The colonel who entered Marine Corps lore when John; a daughter, Mary Ripley; and eight IOLTA program has been successful in he single-handedly blunted a major North grandchildren. Vietnamese offensive during the Vietnam ‘‘Colonel Ripley is well known in marine helping to ensure legal representation circles,’’ Mr. Schultz said, ‘‘but he’s the most for more Americans, and where these War by blowing up a strategically placed bridge, died Oct. 28 at his home in Annapolis, revered war hero no one’s ever heard of.’’ goals can be accomplished without the Md. He was 69. ‘‘This was 1972,’’ he added, ‘‘and people use of tax dollars, such a program The cause has not been determined, his son didn’t pay too much attention to war heroes should be preserved. Stephen said. at that time.’’ VerDate Sep 11 2014 11:18 Oct 31, 2017 Jkt 069102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S20NO8.REC S20NO8 ejoyner on DSK30MW082PROD with BOUND RECORD November 20, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 18 24327 INTELLECTUAL PROPERTY RIGHTS the future. Instead, I will focus on some of The net result of KSR is that defendants CHALLENGES the challenges I see for the future and will may have a renewed interest in raising and begin with a few comments on the changes of pressing obviousness contentions, despite the Mr. LEAHY. Mr. President, I have the recent past.
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