Tuesday, March 14, 2017

John Lennon's Legal Legacy

It is hard to imagine anything more valuable than John Lennon's musical achievements but to thousands of immigrants currently ensnared in the U.S. Customs and Border Patrol nets, it may be a court case he pursued and won more than four decades ago.

As our memories of how John and Yoko battled against the Nixon Administration have dimmed, a new book has arrived to remind us how corrupt politicians can threaten the Constitution, how individuals can fight back and how the legal system can actually deliver justice.

The story of John Lennon vs. The USA has been covered before on film and in print but there is nothing as riveting and cogent as the inside story told by his attorney, Leon Wildes, in a new memoir from the publishing imprint of the American Bar Association.

It is full of delicious historical ironies, scary parallels and inside gossip. It began in 1971 when Lennon agreed to attend a rally and concert in Ann Arbor on behalf of a radical writer and musician John Sinclair. Jerry Rubin, Rennie Davis and Bobby Seale were on the bill. Also attending were FBI agents who produced a 26-page report that got immediate circulation in field offices and the Justice Department. With a nudge from Sen. Strom Thurmond, John and Yoko became prime targets in the conspiracy against the anti-war movement. The plan to keep them from attending protests at the Republican National Convention in Miami in 1972 was simple and arbitrary: deny an extension of their temporary visas.

The Lennons wanted to stay, not to protest, but to continue their search for Yoko's daughter whose father had violated repeated custody orders and absconded with Kyoko. John, of course, was still making music and managing other Apple Records projects. His visa's Achilles Heel was a guilty plea on a cannabis oil charge in England (which has its own backstory).

They turned for help to Leon Wildes, a man who says he did not know who John Lennon was but he knew a helluva lot about immigration laws. They couldn't have picked a better guide down the rabbit hole of a parallel quasi-legal system (under the sole discretion of the U.S. Attorney General !) which has its own set of rules, its own system of appointed "judges" and its own arcane appeals process.

The trail winds through a fascinating Freedom of Information lawsuit, oral arguments at the U.S. Courtof Appeals, a clever public relations campaign, the birth of Sean Lennon  and some enduring legal precedents.

Wildes' breakthrough came when he discovered the Immigration Service had created an unofficial category to handle visa violators whom the agency did not want to deport for humanitarian reasons, in some cases despite felony records. These were called "non-priority cases," because the agency was willing to let them be ignored. Wildes found and analyzed more than 1,800 of these shadowy cases.
They became the basis for his arguments that the Lennons had been denied this status for political reasons, yet another Watergate tentacle.

In addition to describing how new legal protections were created, Wildes reveals how whip-smart Yoko was in anticipating the government's strategy against them, what a devoted family man John was and how his family has coped without him. It is a profile in courage worth remembering.