More Questions on the American Bar Association Story: Who in Washington Ordered the ABA’s Book Publishing Unit to Rescind the Offer to Teng Biao?

By Jerome A. Cohen

The report by Isaac Stone Fish in Foreign Policy, “Leaked Email: ABA Cancels Book for Fear of ‘Upsetting the Chinese Government’,” which I wrote about earlier this week here, has finally stimulated the beginnings of an ABA response.

An email from Jen Leung, the Country Director of the American Bar Association Rule of Law Initiative China Program, on the China Law Listserv makes it clear that the Beijing office of the ABA’s Rule of Law Initiative (ROLI) had no knowledge that some people in Washington headquarters, where ROLI’s central office is located, reportedly influenced the ABA’s book arm to rescind its offer to Teng Biao. The email implies that ROLI’s central office in Washington, which directs its Beijing office and has fought vigorously and successfully to maintain the valuable work its Beijing staff is doing, also was unaware of the ABA’s book offer to Teng.

Presumably this will be confirmed by either the ABA’s internal investigation or further journalistic efforts. Whatever the outcome of that specific inquiry, however, it is clear that, despite the ABA’s belated and pathetic attempt to deny the reason its employee originally gave for its embarrassing change of mind, there is nothing fictional about the Foreign Policy story. What we don’t yet know is who in Washington ordered the book publishing unit to rescind the offer.

To its credit, another wing of the ABA, the ABA Journal, has published three articles reporting on the Chinese Government’s current repression of lawyers, and, under the leadership of the highly respected sociologist of law Terry Halliday, the American Bar Foundation has done important research on the plight of those Chinese lawyers courageous enough to try to defend human rights. So perhaps there are advantages as well as disadvantages to the ABA’s lack of efficiency regarding its China policy!

It will be interesting to see whether this important fuss leads to a debate during the annual meeting of the ABA House of Delegates this summer. Surely some outstanding ABA members would like to take part.