The Strange Case of Peter Erlinder

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The Minneapolis Star-Tribune (Minnesota)

The Strange Case of Peter Erlinder

by
Kevin Diaz, Randy Furst, and Jeremy Herb

A family photo of Peter Erlinder taken in Tanzania. Erlinder was interrogated by Rwandan authorities again Tuesday after being released from a hospital and is expected back in court today. (David Joles, Photo courtesy Erlinder family)

WASHINGTON - The clients of Peter Erlinder do not generally win popularity
contests. From accused cop killers and sex offenders to a suspected
Al-Qaida associate, the Twin Cities attorney has spent a career brashly
representing outcasts who stir deep public animosities. No apologies
given.

Now the 62-year-old William Mitchell law professor sits in a Rwandan
jail, accused by the government there of being in league with those who
would deny the Rwandan genocide.

"We understand that human rights activists schooled in the U.S. Bill
of Rights may find this objectionable," said Rwandan government
spokeswoman Louise Mushikiwabo. "But for Rwandans -- schooled in the
tragedy of the 1994 genocide -- Mr. Erlinder's arrest is an act of
justice."

On Wednesday, Erlinder's relatives were headed to Washington to press
for his freedom. Yet despite efforts by Minnesota's U.S. Sen. Amy
Klobuchar and U.S. Rep. Betty McCollum to intercede with the State
Department, the Obama administration has yet to call for Erlinder's
release.

To those who know him, the case that took Erlinder to Rwanda is of a
piece with the work he has done for decades on behalf of unpopular
defendants, many of whom see themselves as political prisoners.

"It was almost a joke in school," said his daughter Sarah Erlinder,
an attorney in Flagstaff, Ariz. "What does your father do? Oh, he
represents cop killers and sex offenders. Now it's war criminals."

Over the years, Erlinder has defended American Indian fishing rights
activists and championed war protesters and civil liberties activists.
His law school job gives him the freedom to pursue his passion,
frequently pro bono, for clients who are often indigent.

Along the way, he's also taken on less savory cases: Minnesota sex
offender James Poole, a physician convicted of assaulting 11 patients;
Minneapolis cop killer A.C. Ford, a reputed gang member; and Mohammed
Abdullah Warsame, a Canadian citizen who aided Al-Qaida.

Unabashedly on the Left

"He seems to gravitate toward unpopular cases and unpopular causes,"
said Klobuchar, a former Hennepin County attorney who has known Erlinder
for years.

Ted Dooley, a St. Paul attorney and friend of Erlinder, said the
professor is "unabashedly, unashamedly left. ... He believes the people
are the power."

In Rwanda, where some 800,000 people lost their lives in ethnic
conflict between Hutu and Tutsi, Erlinder has been trying to rewrite the
history of good and bad in a conflict that the international community
has largely blamed on the Hutu.

"As I understand it, I don't think he's really denying that there was
a genocide," said William Mitchell professor emeritus Kenneth Kirwin,
who has known Erlinder for decades. "I think he is more concerned with
who was more at fault, or more responsible."

In 2003 Erlinder took over as lead attorney for one of four main
defendants charged with genocide in the International Criminal Tribunal
for Rwanda. He quickly became a critic of the tribunals, even
participating in a brief strike challenging their fairness.

Took on Rwandan president

Three of the defendants, including Erlinder's client, were convicted
of genocide and sentenced to life in prison. But in a victory for the
defense, all four were acquitted of conspiring to commit genocide before
an April 1994 presidential assassination that sparked the mass
killings.

That finding undermined the idea that the genocide was planned before
the assassination, said Scott Straus, a political science professor at
the University of Wisconsin.

During the six-year trial, Erlinder took aim at Rwandan President
Paul Kagame, arguing that Kagame also should have been on trial.

In April, Erlinder was one of three attorneys who filed a suit
against Kagame in U.S. federal court, alleging that Kagame was behind
the 1994 assassination.

Knowing he would not be well received by Kagame, Erlinder sought the
attention of Minnesota's congressional delegation before departing.

Kagame, Erlinder wrote in a May 6 letter to Minnesota lawmakers, had
"specifically targeted" him and other human rights lawyers for
"discrediting or assassination." Noting Rwanda's long history of
violence and assassination, Erlinder concluded, "I must take the threat
seriously."

"He knew exactly what he was getting into," said Bill Harper,
McCollum's chief of staff. "He knew it was dangerous."

Friends, family supportive

On Friday, Erlinder was arrested in the Rwandan capital of Kigali,
where he said he was representing opposition presidential candidate
Victoire Ingabire, a Hutu charged with promoting genocide ideology, the
same accusation leveled at Erlinder.

Ingabire has been released on probation. Erlinder is scheduled to
appear before a Rwandan judge Wednesday.

On Tuesday, the State Department released a statement saying it is
aware of the arrest but that the decision "was the responsibility of the
Rwandan government." The United States has close ties with Rwanda,
providing an estimated $208 million in aid this year.

Erlinder's ordeal leaves colleagues and family members worried but
supportive.

"I am very proud of him," said his Japanese-born wife, Masako Usui,
speaking from her St. Paul home. "He represents real people and he's
brave enough to go against power."

"Peter believes social change comes from the streets," rather than
from the court system, said Twin Cities attorney Bruce Nestor.

Erlinder is being represented by another American attorney, Kurt
Kerns, who reported that Erlinder spent part of the weekend in a
hospital, overcome by fever and dizziness, partly a result of high blood
pressure.

Activists who have spoken with Erlinder's attorneys since his arrest
said they indicated Rwanda is serious about bringing formal charges,
possibly Wednesday. But his supporters doubt Erlinder will be easily
cowed by Rwandan authorities.

"To a certain degree he is fearless," Scott Erlinder said of his
brother, "but he also believes in doing the right thing, and I don't
think he thought that the Kagame regime would do something this stupid."

Staff Librarian John Wareham contributed to this article.

Updates on this story are available in the Star-Tribune and from the AFP.

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