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TEN All right, how can we hold him?’’ Peter Weiss asked the half-dozen attorneys and law students gathered in the library. As the emergency meeting got under way that Wednesday afternoon, discouragement hung over everyone in the group—except maybe for Peter. Over the years, the successful trademark law attorney had found the simple making of money less than fulfilling. Especially as Weiss entered middle age, it was his pro bono work at the Center for Constitutional Rights that held greater meaning. ‘‘So what do we do about Peña?’’ Peter pressed, turning to Rhonda Copelon. Although only in her thirties, Rhonda was CCR’s star trial lawyer. ‘‘Well, what about that ancient statute you’re always bringing up?’’ she suggested. ‘‘Of course,’’ Peter replied. ‘‘It’s been a while. Let’s have another look.’’ At the bookshelf, Copelon leafed through a legal tome. ‘‘OK, here it is. The Judiciary Act of 1789, Title 28 of the United States Code, Section 1350.’’ ‘‘Indeed. 28 USC 1350,’’ Peter replied. ‘‘The Alien Tort Claims Act.’’ If Copelon had earned the reputation as CCR’s hard-driving litigator, the scholarly Weiss was thought of as something of the center’s wise man. And everyone knew that Peter had a passion, a vision in which the federal courts would enforce U.S. law in a way that put teeth into international law. Twice before Weiss had explored the prospect of using the Alien Tort Claims Act (ATCA). The first time for a young Vietnamese woman, who had lost her entire family in the 1968 My Lai massacre. And again he had floated the idea after the 1973 assassination of President Salvador Allende, during the U.S.-sponsored coup in Chile. But Peter’s colleagues did not share his enthusiasm. In fact, they felt that any such suit would be laughed out of court. No matter. Whenever the center had a case that in any way touched upon the possibility of expanding the role of the courts, Weiss wanted to bring in some international law angle. And while nobody really believed the federal courts were about to become champions of international justice, out of respect for their resident ‘‘rabbinical strategist,’’ they would throw his ideas into the brief with a quip of ‘‘that’s for Peter.’’ 1 Now, as Copelon reviewed the Alien Tort Claims Act, it still struck her as a crazy idea. Barely able to hide her skepticism, she read aloud the one-sentence federal statute: ‘‘The 214 兩 B R E A K I N G S I L E N C E district court shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.’’ For hours the team pored over the law books, digging into the legal history, searching through ATCA cases, kicking around interpretations, brainstorming for anything that might offer an opening. ‘‘Look here,’’ a frustrated law student groaned, ‘‘1795, Bolchos versus Darrell. Their countries are at war. The Spaniard captures the Frenchman’s ship, brings it into Charleston, South Carolina, and claims ownership of the cargo as a prize of war. Bolchos sues in federal court under the Alien Tort Claims Act to get his merchandise back. Argues that seizing his property’s a violation of the Treaty of Amity and Commerce between the United States and France. The judge agrees with the Frenchman. Settles the squabble between these two gentlemen by ruling that Bolchos is the rightful owner of the slaves! So how does that help us?’’ ‘‘Hopefully, with a full measure of ironic justice,’’ Weiss replied dryly. ‘‘It’s the legal principle, not the specifics, that matters. A U.S. federal court accepted jurisdiction in a suit brought by one alien against another alien for a tort—a wrongful act that carries provisions for civil damages. And the decision rested on a treaty of the United States. ‘‘Today,’’ Peter went on, ‘‘the idea of slaves being ‘merchandise’ is reprehensible. But for purposes of interpreting the law, it is also irrelevant.’’ Slumping into his chair, the intern glanced around the conference table. No one was convinced. Then slowly, the more they got into it, Rhonda began to wonder. It still seemed pretty farfetched, yet on some levels it kind of made sense. ‘‘With the deportation hearing tomorrow, the Alien Tort Claims Act is our only hope,’’ Weiss said. ‘‘Dolly Filártiga sues Peña for the...

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