Alan Takes on the War in Iraq

Episode: 2x06 [Witches Of Mass Destruction]
Client: Cassie Elliott
Case: The client sued the United States Government for the wrongful death of her brother, who had been killed in Iraq.
CP&S Representation: Alan Shore
Opposing Counsel: U.S. Attorney Chris Randolph
Presiding: Judge Clark Brown
Result: After an evidentiary hearing, Judge Brown dismissed the case.
Notes:

• Ms. Elliott did not really believe she could win the case but wanted to have her voice heard. Garrett Wells introduced her to Alan Shore, who took the case.
• Alan based his case on several points - that Private Elliott had been recruited with false promises, was performing duties for which he had not been trained, was not equipped with the proper body armor, and that his tour of duty had been extended fraudulently via the Stop Loss program.
• Alan's closing: "First. This is hardly about anti-war sentiments. Private Elliot was for the war. Personally I was against it, then I was for it then I was against it again, but that’s just me, I’m a flip-flopper. But whether one is for or against the occupation - and let’s assume, judging from your tie, one is - that does not exempt the military from a duty to be honest with its soldiers. Private Elliott was told he’d serve a year. He was told he wouldn’t see combat! Okay! Unexpected stuff happens - he did see combat. Fine! But, he was sent into combat with insufficient backup, he was sent in to perform duties for which he was never ever trained! He wasn’t given the most basic of equipment. And then after his tour of duty was finally up they wouldn’t let him leave. He never assumed those risks by enlisting. Overextended, under equipped, non-trained. He never signed up for that. And now he’s dead. An aside from his sister, nobody seems to care.
• "We talk about honoring the troops. How about we honor them by giving a damn when they’re killed! Our kids are dying over there! In this country, the people, the media, we all just chug along like nothing is wrong. We’ll spend a month obsessing about Terri Schiavo. But dare we show the body of a fallen soldier? The most-watched cable news station will spend an hour a night on a missing girl in Aruba, but God forbid we pay any attention when kids like Private Elliot, killed in action…" Judge Clark Brown:"You’re off the point". "I’m not off the point. We’ve had two thousand American trees fall in that forest over there and we don’t even know it. Not really. But, maybe we don’t wanna know about our children dying. So lucky for us this war isn’t really being televised. We’re not seeing images of soldiers dying in the arms of their comrades, being blown apart on the streets of Baghdad. But they are! By the thousands! And all the American public wants to concern itself with is whether Brad and Angelina really are a couple. At least with Vietnam we all watched and we all got angry!" Judge Clark Brown: "What does this have to do with the death of Private Elliott?" "Private Elliott is dead in part because we have a people and a government in denial. We currently have no strategy to fight this war. We have no timetable for getting out. Some of these troops could be extended twenty plus years! Their mothers and fathers have to spring for body armor because the army doesn’t. And they’re getting killed! And we as a nation in denial are letting them. We simply don’t seem to care. Well she does. She’s in this courtroom honoring one dead soldier. That’s a start."
• In his summary, the normally contentious Judge Brown indicated that he was sympathetic to the case but had no choice but to dismiss.