There are few intellectual battles that Dershowitz can stay away from, and when debate surrounding U.S. response to the Sept. 11 terrorIst attacks arose, Dershowitz immediately made himself available.

He called the Justice Department to let the agency know he would keep his phone lines clear to help the department consider the implications for civil liberties of any U.S. response to the terrorist attacks.

But as talk of increasing federal policing and wiretapping authority concerns many Americans, Dershowitz, is surprisingly optimistic.

“Even in the face of this, we haven’t seen the calls for dismissal of civil liberties that we did years ago,” he said, referring to when Japanese-Americans were rounded up in detainment camps around the country in response to the atttack on Pearl Harbor.

But still, he says, vigilance is needed.

Dershowitz has urged the government to involve civil libertarians in whatever decision they make that might alter civil liberties. He has also advocated a “sunset provision” on any changes to civil liberties that may occur—meaning that changes would be eliminated after a certain amount of time so there is no “permanent diminution” of civil liberties.

It’s not wrong from a civil liberties perspective—or any perspective— according to Dershowitz, to go after bin Laden without a trial, but once the terrorist is caught, Dershowitz says providing him a fair trial is the nation’s patriotic duty.

“We’d have to prove his specific guilt beyond a reasonable doubt,” Dershowitz says. “Whoever defends him would be engaging in an act of high patriotism.”

The patriotism of the lawyer who upholds the sixth amemdment and rigorously defends Bin Laden would be “akin to that of the firefighters and policement in New York City,” Dershowitz says.

Picking His Cases

Dershowitz has devoted himself to protecting the civil liberties of even the most unsavory individuals, including Al-Megrahi.

His defense of such unpopular clients lead one National Review correspondent to write, “We won’t know for sure whether Gary Condit is guilty until Alan Dershowitz defends him.”

Dershowitz has always drawn flack for the clients he defends, but that has never seemed to deterred him.

The Wall Street Journal editorial page, a strong conservative influence, scorned Dershowitz and questioned his patriotism for involving himself with the Al-Megrahi case.

Criticism, however, only strengthens his resolve.