On Point: Reset the sensitivity compass

By Hon. Robert J. Lunn
The Daily Record Newswire

“I have never been hurt by what I have not said.”
— Calvin Coolidge

And now, just like our president, I will wade into that controversial debate on the location of the Cordoba mosque.

Unlike the president, I am the self-proclaimed Commissioner of Common Sense — aka, “The Commish” —  and that gives me a decided edge.

If only he had listened to his predecessor in office, Calvin Coolidge, said nothing and left it untouched as a purely local issue.

Instead, he is getting fried politically and finds his statements at odds with a majority of Americans and leaders in his own party, like Howard Dean and Harry Reid — and even his most trusted political advisor, Rahm Emanuel.

Let’s break this down: First of all, does anyone really know how they came up with the name “Cordoba?” As far as I can determine, Cordoba is the name of a major city in both central Argentina and southern Spain, once the capital of the Spanish Muslim dynasty, circa A.D. 756.

How was it selected for the name of this particular mosque? For my less sophisticated — dare I say “older?” — readers, the name is associated with a luxury Chrysler vehicle appointed with fine Corinthian leather, hawked by that distinguished Mexican actor Ricardo Montalban. All of that has nothing to do with luxury cars. It also has nothing to do with First Amendment rights.

During my time as an appellate judge, I always was impressed by the manner in which appellate lawyers would carefully craft, then frame an issue such that it led to logically obvious and irrefutable conclusions. Our president chose to do likewise. He framed the mosque controversy as a constitutional First Amendment right, then proclaimed: “As a citizen, and as president, I believe that Muslims have the same right to practice their religion as everyone else in this country. And that includes the right to build a place of worship and a community center on private property in Lower Manhattan, in accordance with local laws and ordinances. This is America. And our commitment to religious freedom must be unshakable. The principle that people of all faiths are welcome in this country and that they will not be treated differently by their government is essential to who we are. The writ of the Founders must endure.”

But, wait a minute! No one is questioning the constitutional right to build the Cordoba mosque less than two blocks from Ground Zero. There is such a right, and that right is a “no brainer.” Of course they have the “right.” Even the president attempted to walk back his remarks, less than 48 hours later,  telling the press corps that in no way was he commenting on the wisdom of the proposal, nor would he.

I say, yes he was, and yes he did. No fair interpretation of the president’s speech could lead to any other conclusion. Now I, too, will weigh in on the wisdom of the proposed construction: It is a dumb idea and rightfully could be characterized as the height of insensitivity. Stated otherwise: Just because you can do something doesn’t mean you should. Frankly, this is something you should not do. It is morally offensive to the families of the 3,000 victims — and spits in the face of grieving friends and loved ones who will be forced to relive the horrors of 9/11 even as they continue to try to heal their wounds nine years later. You can count our family as one of those still affected by the tragedy.

Would it be appropriate to build a monument to Japanese pilots next to the USS Arizona in Pearl Harbor? I believe the answer to that question will reset the moral compass on the present debate.

The point of this column actually is pretty simple: Having the right does not necessarily make it right.

The Hon. Robert J. Lunn served for 14 years (1995 to 2008) on the New York State Supreme Court. He is a partner at Trevett, Cristo, Salzer and Andolina. Lunn is the contributing author to three publications from West Publishing, the most recent being The Companion Handbook for Pattern Jury Instructions. He can be reached at rlunn@ Trevettlaw.com.