Learning to Lead from the Founding Fathers

What it Truly Takes to Be a Good Leader, Good Lawyer---- My Advice to the Aspiring Young

Without going into details  of names and jurisdictions and suffice it to say that as a longtime member and now a Regent of the NCDD, I am privy to the politics of great leaders across the country… It came to my attention recently that two lawyers I dearly admire (one a lawyer, one a judge) are dealing with what lawyers should never deal with: one a grand jury subpoena, the other a grand jury investigation.  Bottom line, my opinion, both will probably rise above the fray on legal grounds  but regardless, I strongly believe both could have avoided their plights.  The key ? Do your job.  Just  do your job and refrain from negative comments and backlashing.  There is no reason to engage in personal attacks. Although it is very hard sometimes to hold back, calling someone by name “a bully” (whether or not it’s true) or threatening an FBI investigation will sometimes get you just that: bullied into a grand jury investigation to see if something sticks or the FBI investigating YOU whether or not there is anything to investigate. 

I started reading books on Founding Fathers 7 years ago  (http://foundingfathersfervor.blogspot.com/2011/01/mimi-coffeys-reading-list.html ). It all started when I read Joseph Ellis’ Founding Brothers book. In just one book I got a snapshot of the lives and interactions of the greatest men in our country who risked everything and worked together to create the world’s greatest democracy. I was hooked.  My quest for studying Founding Father literature began with that book. I NEEDED more. Not only did my mind go back in history and give me firsthand the reasons why various constitutional provisions  are what they are, I could stand up in court and better argue the law. Brilliant, right ?  So I have kept on nonstop for 7 years always reading in my nonworking spare time a book which I believe helps me understand the spirit of the Founders and this country. This has expanded into Washington’s Generals, the ladies behind those great men, etc. even encompassing   a study of the history of the French Revolution that happened at the same time. What made our leaders smart enough to bypass the masses dying via the guillotine versus the French ?  This endeavor truly made and makes me a better lawyer. What I did not realize at that time or all these years, was that reading these Founding Father books  was the perfect training ground on politics and diplomacy.  Being a criminal defense lawyer, is being a professional beggar (mitigating damages) and diplomat the majority of the time.  Only 20-25% of my cases go to trial, the other 75-80% require skill in negotiation. The Constitutional Convention- one of the greatest lessons in diplomacy that exists in this country for us to directly study (massive details left by works like the Federalist Papers, and biographies into the lives of those Founders). When I sit across a DA who holds the key and upper hand in negotiation most of the time or with a judge who has their own inner agenda,  it is a HUGE responsibility for me to maximize all my diplomacy so that at the end of the day justice happens- my client benefits.  Many a time, I have felt my blood pressure skyrocket and have had to leave to return on another designated day, a day more suitable once proper seeds have been planted and better understanding exists to finish the deal. Reading how Alexander Hamilton, although a prodigious financial genius and industrious government visionary, stifled his rise to the Presidency or had some of his biggest plans go awry because he lacked people skills in negotiating and was eventually killed by his political rival in a dual is great lessonry in diplomacy. Or studying how Andrew Jackson through an innate genius in managing how to appeal to the masses could work magic with his political enemies , or how Thomas Jefferson being the visionary personally picked out and trained two protégés James Madison and James Monroe to continue his Presidential doctrines and agendas as they took office is prime example of how if you want to be great, study the greats. This really applies to all fields but the politics and diplomacy have particular relevance to lawyers.   Many people in their zeal, although their hearts are unquestionably directed towards the benevolence for others, do all society an injustice when they communicate hateful messages for example towards President Barack Obama or Texas Governor Rick Perry. They forget the most important things which is policies don’t define us, working together for everyone’s good does.  No public servant, whether the President, the governor, the judge, or the DA (especially) does it  for the money. No politician, judge or DA takes office instantly knowing all the right things to do. We all learn through trial and error, all jobs have a learning curve and smart people never let that curve stop.  It is unfair to criticize a person maliciously for the decisions they make in their job. I can attest to the fact that some assistant DAs that I initially disdained (not that they would ever know of course), through time and experience have turned out to be some of the best and I their biggest fans. None of us can be effective by being thin skinned. We can’t take disagreements in our job personally against others, this attitude will never help others to see it our way or learn.  To effectively negotiate we must first, no matter what, see the value in others despite their positions.

 If my lawyer friends had let their zeal calm down, they might have thought twice before making statements that had no productive use other than to pin others down in a corner for which no one benefits.  I’m hoping everyone involved in that, takes a few to deeply think about what is relevant and moves on productively.   I respectfully disagree with President Obama’s statement that law schools should be two years versus three.  Not only do we need internships (like doctors after schooling for real life training), we need to add diplomacy classes and training. The best lawyers are the best diplomats. The most effective judges, DAs and defense lawyers are those who know how to get along with everyone. Only when there is mutual respect can there by possible change. For those public servants who don’t belong in office, what goes around comes around. Life has a funny way of shaking things out---- many times the right way. So young people aspiring to be lawyers, watch your FB posts, Twitter posts, and Instagram shots- be diplomatic. Don’t let disagreements be a reason for hatred and unwanted posts that no one desires to see.  Be mature and  although you can’t see the big picture yet, know that there is one. For example, the greatest politicians have capacity to bounce back and do- look at first Supreme Court Justice John Jay: after the Paris Peace Treaty his effigy was being burned in the streets (he feared for his life) only to later be elected Governor of New York.  So key words: DIPLOMACY, DIPLOMACY, DIPLOMACY. As for me, I will keep taking a breather every time someone sends me a disrespectful political email or I pass an uncouth bumper sticker- because even for them, there is always hope. 

More Proof Aaron Burr Was Framed

Benedict Arnold was a traitor. Proof positive. He didn't get the money he bargained for, nor the promotion he was seeking in the British army. He died in England a sad and lonely man. No one disputes this.  But Aaron Burr ?  Absolutely not a traitor. He is an American Hero. So why the cloud?  He was found NOT GUILTY of treason. Why relevant ?  The truth has a funny way of rising to the surface, even hundreds of years later. It is time we teach our children in their history class and set the record straight.

I first became interested in Aaron Burr when on my quest of reading books on Founding Fathers, I read his biography by Nancy Isenberg. I was awestruck.  Here was a badass lawyer, a classy guy by all definitions, well read and philosophical. He was a brave and daring military officer (saving Alexander Hamilton ironically enough when his brigade was destined for capture and the other officers abandoned it as a lost cause). He was a hard worker, extremely prodigious whether it was sleeping in the same clothes half awake for weeks at a time at White Plains (to prevent capture) or organizing a grassroots political campaign that shockingly changed New York Federalist votes to Republican (thereby electing Thomas Jefferson over John Adams).  He was good hearted- in his later years funding the education of young poor women.  Most of all, I liked his character.  While Thomas Jefferson was paying yellow journalists to smear his political enemies and Alexander Hamilton under pen names doing the same, Burr never responded to false accusations in such a manner (& when he did, he meant business- the Hamilton duel). He thought it beneath his character. He made a lifelong practice of refraining from political mudslinging and backbiting. We now know for a fact through a comprehensive study of the Founders through their personal letters and writings of the unsavory parts of politics- jealousy, mistrust and insecurities that are well known facts of the likes of Thomas Jefferson and Alexander Hamilton. Aaron Burr was so full of integrity he even bowed out of the Presidency of 1800 (even though he had the votes in the contested elections of 1800 had he simply made a few moves that were encouraged among the voting delegates) because he  had already professed commitment to getting Jefferson elected. He was a man of his word. Everyone knew it.  That is why  his treason charge went nowhere. This false charge was the mastermind child of Jefferson dreamt up after years of petty jealousy he could no longer stand. Jefferson  used James Wilkinson a military leader appointed Governor of New Orleans to hype up the charges. It has since come to light that James Wilkinson, whose painting still adorns a historical New Orleans museum, was a paid spy of the Spanish government (see Wikipedia). I recently came across fresh proof of Wilkinson's duplicity while reading Washington's Generals (edited by George Billias and published in 1964).  It appears that Wilkinson also made false allegations of the beloved Washington General "Mad" Anthony Wayne. To quote a passage from the book "Wayne's popularity was so great that he was able to dismiss such carping (by Wilkinson) as 'the idle Phantom of a disturbed imagination.' Indeed, in view of Wilkinson's subsequent duplicity in selling out to the Spanish for gold, his description of Wayne might easily have been applied to himself."   So, there you go. Jefferson's charge of Burr's treason folded like a house of cards. Lies are like sand castles, they cannot withstand the waves of truth.  More proof.

Why relevant ? I think Aaron Burr is a good example of where good character will get you. We all face moments of challenge. Some of us even false allegations (ask any President or Hollywood celebrity, power attracts attacks bar none). For me , not only do I make a living of fighting false accusations (citizens accused of DWI, not all of which are guilty) but like Burr- because I am good at what I do I sometimes face false accusations by DAs who twist the truth as well as mischaracterize happenings in court when things don't go their way.  How do I handle it ? Much like Burr- my character is of such that I don't find it worth my time or integrity to address base allegations.  My work and character speak for themselves. Much like Wilkinson, those who make false accusations normally don't just accuse one. In the end, much like Wilkinson the proof of their bad character will one day come to light.  Power attracts the worst of characters.  May we all follow Burr's example and let good character and good works speak for themselves. Have to admit, I think the repopularity of Aaron Burr in the milk commercials is kind of cute ;)

A True Badass: Aaron Burr

Just finished reading the second volume of Aaron Burr's memoirs by M.L. Davis. It is Christmas Day 2012, and I really feel like one of the best and most sincere historical gifts I can give to the world is set the record straight on one of our country's most impressive, dedicated, and talented stateman.  Unfortunately we live in a fast food, communicate by the second, text message society where the art of research is a lost art unless you are publishing at the university level for scholarly purposes or high level peer reviewed research in a field.  I frequently come across (as a huge Founding Father buff) references to Aaron Burr's character as questionable. Even some school history textbooks (obviously scholars aren't writing primary school textbooks) cast dubious light on Burr as a someone who was found Not Guilty "technically" of treason, and the killer of Founding Father Alexander Hamilton in a duel.  Here are the facts of these 2 points in his life:  he indeed challenged Alexander Hamilton to a duel after putting up with Hamilton's attempts at unfairly attacking his character for years. It all boiled down to Hamilton claiming that Burr was not fit to hold office due to his personal lack of integrity (this could not be farther from the truth) that was printed in a letter by Dr. Cooper that ultimately cost Burr the election to New York's governship.  Burr gave Hamilton several chances to either directly avow or disavow the statement.  Hamilton chose to do neither.  Hamilton chose to duel it out as many gentlemen did back in that day over serious slights.  Hamilton lost, fair and square. Hamilton had a reputation for always attacking Burr in a day and time where the best characters of government held themselves above such petty action.  Burr never corrected a rumor or attack in the paper, neither did he attack others. This was not the character of a gentleman.  As for the treason charge, it is made clear by many public documents (the best as letters written and recorded by characters and government leaders in the know included in his memoirs) that to claim Aaron Burr wished to battle the western states against Spain and then secede from the Union is ludicrous.  History remembers Thomas Jefferson as a hero but patron saint he was not.  Much like Hamilton, his political jealousies of Burr rose to the level of the deepest calumny.  Even in the treason trial in the Senate (the State of Virginia rejected such ridiculous evidence as none existed, they could not get a grand jury to indict so Jefferson called up his political buddies in the House and had Burr charged) it was proved that Major Wilkinson (Jefferson's friend) forged a letter of Burr's to make it appear Burr wanted the new western states to secede when it was the exact opposite. Jefferson even had the DA Hay threaten one of the main witnesses (Dr. Bollman) with a pardon which he refused and testified anyway not appreciating the veiled threat of prosecution when all he did was testify to the truth (Burr wanted to help the US by getting the US ready for an inevitable war which was thought at the time with Spain so the Floridas could joing the US).  Neither Hamilton nor Jefferson had Burr's heroic military accomplishments (Jefferson was the Governor of Virginia when the British burned it and he retreated via horseback in fear he was so unmilitary-like).  Jefferson directed that Burr be prosecuted for a crime  he did not commit and used false evidence and threats in an attempt to achieve this. All the while, Burr never lost site of the country's best interest.  When he gave his closing speech as President of the Senate, many Senators cried and viewed it as one of the best speeches ever given at the Capitol.  The speech was Burr explaining all his actions as President of the Senate was for the best of the country. He held nothing against any of them for differing with him politically or on any decision.  He encouraged the future VPs as President of the Senate keep the same traditions and values that he worked hard to achieve.  Burr was not only a dignified statemen, he was a great father. He pushed his daughter Theodosia very hard in all manners of educational and cultural pursuits. Not only did early in his career he attempt to pass legislation to free the slaves he also made attempts at giving women the right to vote.  He believed in the power of women at a time when politically this was not acceptable.  He even had a painting of Mary Wollstonecraft, the leading women's rights philosopher at the time on his fireplace mantel.  He cared so much for women, that when his daughter died he took on the education and direction thereof personally of two young women solely to help them.  He graduated Princeton an abnormally bright scholar and at a very young age. His lawyer skills were unparalled.  His political organization skills unparalled.  He could have been elected President in the controversial 1800 election had he lobbied for himself which he refused to do (although the majority in the House wanted him but settled on Jefferson).  He started one of the first national banks, which still exists today (Chase Bank).  He was cultured beyond description.  He was very well read and took on productive tasks, one of which was to ask his daughter to translate the Constitution into French.  He lived in Europe for four years trying to advance the US interest in expanding the west into the Union.  He was always generous in hosting others including foreigners in his home. He was funny (his letters to his daughter evidence a wicked sense of humor at unexpected times).  He was generous.  History records that at a time when he did not have much money he sold personal items to care and provide food for some children (their mother's written account still exists).  He lived to be 81.  He had a strong temperment.  He never lost faith or became bitter through his two trials in life (the Hamilton duel where he was threatened with criminal action and the treason trial).  He lost his beloved daughter and his only grandchild (Aaron Burr Alston, who died when he was a child of ten) in the same year and his son in law shortly thereafter but he never became bitter about life.  He found new people to help.  Aaron Burr was one of our country's greatest Founding Fathers.  It is my true desire that one day sentiments such as mine will be the pervading sentiments and that we might erect a memorial in his honor.  I submit the following as a possible memorial:  "Here we honor Aaron Burr, third Vice President of the United States.  A man who could have been President in 1800 but chose gentlemanly honors first in the conduct of elections.  Let it be known that he established the proper and respectable rules of Senate conduct during his tenure as President of the Sentate in a way forever to be remembered, emulated, and encouraged.  He was a daring military hero who saved a platoon from capture in New York sent in by Washington himself due to his bravery and skill while others advised retreat.  He lived his life encouraging the abolition of slavery and the promulgation of female talents equal to their male counterparts.  Here lies a rare gentleman the country was lucky to have at its time of need."

Present Day Alarm: take heed

In Writings of Ben Franklin ....edited by Carl Japiske, the last few pages are dedicated to an imaginary conversation with Ben Franklin if he were alive. Scary but true thoughts of how far government has taken away the rights and freedoms in the Constitution. We must reverse this.

Unlikely Allies by Joel Richard Paul

Unlikely Allies by Joel Richard Paul
For those of us who did not grow up history majors, practical reality of the sacrifices of great men to make America possible simply has been lost in the few pages and few battles that most schoolchildren are taught ad nauseum and can recite (Paul Revere, Valley Forge, etc.)  It is a fact that the glorified "winners" of our history: George Washington, Thomas Jefferson & the like get committed to solemn memory as the reason d'etre of our existence. Joel Rchard Paul (an impressive Harvard alum lawyer, diplomat, professor) in his ponderings and extensive reading came across the mysterious and intriguing papers of Silas Deane. Thankfully this bright mind wanted to excavate and explore the contributions of this mysterious Founding Father character and shed light on this bastion of hero strength whom our country owes more than it can ever repay. Silas Deane unfortunately has been categorically cast with negative aspersions as a result of jealous politics and these false innuendos have relegated him to a sad figure in our history.  Paul's work is truth shattering, akin to nothing short of unearthing the Egyptian tombs of Tutankhamun and the like in bringing to light the incredible story of one of our country's greatest heros when brave and talented souls were desperately needed and in short supply to give us a fighting chance in beating the most powerful country in the world at the time and giving hope to all mankind everywhere for democracy. Paul's erudite work reads like a Raiders of the Lost Ark script with Deane proving himself a brilliantly talented and goodhearted pursuer of democracy and equality for all. Long story short, we discover that Deane lost his wife and never was able to see his only surviving child (a son) again in his life as he was in France negotiating quite adeptly for the funds that helped win our country the means to make independence a reality, all the while suffering financially as our struggling county never had the means to pay and provide for our leaders like him when it was needed. He literally bankrupted himself in our country's cause. His mysterious poisoning death as he finally set off for America on a ship after years of sacrifice from the hands of a spy cunning enough to trick Ben Franklin is nothing short of meriting an Alfred Hitchcock plot.  Tied into Paul's brilliant book is the true tales of two other very interesting characters who were in the diplomatic triangle of securing France's resources to the American cause. The two other French men were the Chavalier D'Eon, a man who spent a diplomatic career pretending to be a woman to satisfy the spy necessities and saving face act of King Louis XV and King Louis XVI. His career as the French diplomat to the British Court is nothing short of death defying in risk and rewards. Fascinating how he died a spinster  woman only to have everything that was honorable about him take a back seat to his gender unceremoniously revealed in his death.  The other part of the dynamic and incredulous triage turned out to be the Caron de Beaumarchais who not only invented the wristwatch, earned the respect of the King to the point of being entrusted to tutor his children, but also was the famous playwright behind what would later become the Marriage of Figaro and the Barber of Seville. His being taken in and cared for by a wealthy patron who probably made him his lover till his death only makes it a more salacious tale in the backdrop of the dangerous political missions he was sent on (one of which was to convince the Chevalier D'Eon to act permanently like a woman or die due to politics gone awry which sabotaged the French King's power).  The book would be a fascinating read if it was a work of fiction, the fact that it is true is astounding and proves our American history is proof that it takes all kind of extraordinary people, dedication and talents for the impossible to manifest. This book inspires awe of toughness of character and circumstance. It reminds and teaches us that one should never discount or underestimate a person for not fitting neatly into a  mold. Everyone who is brave and talented is capable of changing the world in a very big way.... This book is a national treasure in that it rights history for the sake of Silas Deane and inspires us that some like Silas Deane, gave it their all, literally. Without funds and France, Washington could have been a captive and executed prisoner of war. Our country like Canada may have flown the British flag for many years to come but this book proves it was through the extraordinary sacrifice of heroes like  Silas Deane that we sing the Star Spangled Banner and Silas could not do it all. We also must thank the Chevalier D'Eon and Caron de Beaumarchais.  Thank you Mr. Paul for a pheonomenal piece of work that sets history straight and inspires us all. Long overdue for the sake of Founding Father Silas Deane.

Baron Von Steuben

In my 6 year quest of reading books on Founding Fathers  decided to read a book on Baron Von Steuben, the amazing Prussian/German military genius who proved a godsend to George Washington by introducing order, discipline & rules into the American Army (even wrote the army's first blue book). It turns out he is gay. It's a shame we don't teach this in schools & in our history books. It would make this whole ridiculous controversy over gay policies in the military moot. 

I recommend the book "The Drillmaster of Valley Forge" by Paul Lockhart

http://www.huffingtonpost.com/nicholas-ferroni/american-military-history_b_1606530.html

Andrew Jackson & The Battle of New Orleans

Andrew Jackson, Jean Laffite & the Battle of New Orleans 1812

Matthew Arnold once said "Only two things are needed, the power of a man & the power of the moment." Andrew Jackson was that man. Washington DC had been invaded by the British, our capitol burned, the spirit of our people at an alltime low since we won our Independence and the victory at New Orleans gave our country renewed spirit and hope that our fledgling democracy could work. Word of its triumph (even though it occurred after the peace treaty was signed) spread like a grassfire igniting renewed optimism in our grand experiment: a democracy where freedom and opportunity prevailed over privilege and heritage.  At the time the British boasted the most powerful & well trained  military in the world. Their attempt to secure the New Orleans port was strategic in cutting off necessary trade routes for our expansion.  What is striking about Andrew Jackson is his indomitable will to succeed. When he pounded his fist on the table and yelled  the town would burn first  before he let the British take over, he meant victory.  Winston Groom does an excellent job in his book of highlighting the interesting and significant points that illustrate how the impossible can be achieved.  I have summed them up as the 4Ss:

1. Scope- A wealthy Louisiana farmer and plantation owner had the astronomical hobby of gazing into the stars. When he found out the British were invading he lent this magnificent (for its time ) telescope to Andrew Jackson. With it, Andrew could peer over the American ramparts and see all the British action. This was critical to the planning and strategy that won the war for the Americans. The British had nothing like it. They were forced to rely on spyglasses.  Moral lesson ?  Have the right equipment !

2. Sugar- The British found a plentiful supply of sugar bags along the New Orleans wharfs and they confiscated them and used them as shields on the battle fields. All this did was muck up their weapons. Imagine heating up sugar and getting  gooey caramel? Not only did bullets pierce right through killing British soldiers, the heat from the guns carmelized the sugar and rendered useless their weapons.   Moral lesson ? Don't improvise without being wise.

3. Sleep- When the British crossed the swampy marshes, they were so tired they decided to sleep not thinking the Americans would put up much of a defense. They maintained a fairly normal sleep schedule once they landed while the Americans furiously worked around the clock building up their ramparts so that the British would have to climb up and over a hill that went for miles when they attempted to invade the city. This afforded the Americans the greatest advantage although they were outgunned and outweaponed.  Moral lesson ? As Ben Franklin said "No man e'ere was glorious who was not also laborious."

4. Stairs- The British set busily about in having a troop unit build ladders so that when they charged Jackson's ramparts they could get over the hills easier and faster. When the British finally stormed they did so with poor communciation and the troop with ladders could not be located at the forefront; therefore, many British were just killed off like sitting ducks in a pond. Moral lesson: "Only fools rush in."

Men like Jackson with the heart and courage of a lion prove to us that "no guts no glory" is an age old truth and it takes a very powerful person to lead successfullly where most only capitulate unworthy tries.  The story of the Battle of New Orleans is an inspiring David versus Goliath story that proves being smart, hardworking and having your heart in the right place can lead to victory.