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Robert MacCrate, Lawyer in My Lai Inquiry, Dies at 94 Robert MacCrate, Lawyer in My Lai Inquiry, Dies at 94
(about 7 hours later)
Robert MacCrate, a lawyer who served as a special civilian counsel on an Army panel investigating the 1968 My Lai massacre in Vietnam, and who oversaw a landmark report by the American Bar Association in 1992 calling for an overhaul of legal education, died on Wednesday at his home in Plandome, N.Y., on Long Island. He was 94.Robert MacCrate, a lawyer who served as a special civilian counsel on an Army panel investigating the 1968 My Lai massacre in Vietnam, and who oversaw a landmark report by the American Bar Association in 1992 calling for an overhaul of legal education, died on Wednesday at his home in Plandome, N.Y., on Long Island. He was 94.
His death was confirmed by his son Christopher.His death was confirmed by his son Christopher.
In December 1969, the secretary of the Army appointed Mr. MacCrate, a senior attorney with the Manhattan firm Sullivan & Cromwell, to join a special investigative panel that had been created a month earlier.In December 1969, the secretary of the Army appointed Mr. MacCrate, a senior attorney with the Manhattan firm Sullivan & Cromwell, to join a special investigative panel that had been created a month earlier.
Headed by Lt. Gen. William R. Peers, the panel was assigned to investigate the massacre by American troops of several hundred civilians in the hamlet of My Lai in March 1968. Its goal was to determine what happened and whether Army officers had tried to cover up the incident. Headed by Lt. Gen. William R. Peers, the panel was assigned to investigate the massacre by American troops of several hundred civilians in the hamlet of My Lai in March 1968. Its goal was to determine what had happened and whether Army officers had tried to cover up the episode.
An early report delivered by the commanding officer on the scene at My Lai stated only that 20 civilians had been killed accidentally during a military operation. Information supplied later by American witnesses led the Army to charge Lt. William L. Calley, in secret, with the murder of 109 civilians. When the news about Lieutenant Calley and details about the massacre became public, pressure mounted for a full investigation.An early report delivered by the commanding officer on the scene at My Lai stated only that 20 civilians had been killed accidentally during a military operation. Information supplied later by American witnesses led the Army to charge Lt. William L. Calley, in secret, with the murder of 109 civilians. When the news about Lieutenant Calley and details about the massacre became public, pressure mounted for a full investigation.
By appointing Mr. MacCrate, who brought in a second civilian lawyer, Jerome K. Walsh Jr., as his assistant, the Army hoped to reassure critics of the war that the new investigation would not be a whitewash.By appointing Mr. MacCrate, who brought in a second civilian lawyer, Jerome K. Walsh Jr., as his assistant, the Army hoped to reassure critics of the war that the new investigation would not be a whitewash.
“We have to examine the facts and provide assurance that this kind of thing doesn’t happen again,” Mr. MacCrate said at a news conference immediately after his appointment. “What we are engaged in is getting at the facts — and we will get at the facts.”“We have to examine the facts and provide assurance that this kind of thing doesn’t happen again,” Mr. MacCrate said at a news conference immediately after his appointment. “What we are engaged in is getting at the facts — and we will get at the facts.”
With General Peers, Mr. MacCrate interviewed servicemen and officers and traveled to South Vietnam to survey the massacre site and talk to eyewitnesses. In all, 398 witnesses were interviewed, producing 20,000 pages of testimony. With General Peers, Mr. MacCrate interviewed service members and officers and traveled to South Vietnam to survey the massacre site and talk to eyewitnesses. In all, 398 witnesses were interviewed, producing 20,000 pages of testimony.
In March 1970, the panel issued a 260-page report that accused 14 officers, including the commanding officer of the Americal Division (who had gone on to become the superintendent of West Point), of dereliction of duty, suppression of evidence and other charges.In March 1970, the panel issued a 260-page report that accused 14 officers, including the commanding officer of the Americal Division (who had gone on to become the superintendent of West Point), of dereliction of duty, suppression of evidence and other charges.
“I am satisfied that every reasonable effort has been made to determine the full facts surrounding the original Army investigation of the incidents and that the report fairly records what was found,” Mr. MacCrate wrote in a memorandum attached to the final report, which was hailed as an unsparing assessment of the affair. “I am satisfied that every reasonable effort has been made to determine the full facts surrounding the original Army investigation of the incidents and that the report fairly records what was found,” Mr. MacCrate wrote in a memorandum attached to the final report, which was hailed as an unsparing assessment of the matter.
“The United States Army has faced up to the horror of My Lai with remarkable vigor and candor,” a New York Times editorial said of the report. Charges against 13 of the 14 officers, however, were dismissed for lack of evidence. One officer was tried and acquitted. A year later, Lieutenant Calley was convicted of murdering at least 22 civilians and sentenced to life in prison but served less than four years under house arrest and was pardoned by President Richard M. Nixon. “The United States Army has faced up to the horror of My Lai with remarkable vigor and candor,” a New York Times editorial said of the report. Charges against 13 of the 14 officers, however, were dismissed for lack of evidence. One officer was tried and acquitted. A year later, Lieutenant Calley was convicted of murdering at least 22 civilians and sentenced to life in prison, but he served less than four years under house arrest and was pardoned by President Richard M. Nixon.
Mr. MacCrate was named president of the American Bar Association in 1987 and later led a task force to examine the state of legal education and offer recommendations on how to ease the transition between law school and the legal profession.Mr. MacCrate was named president of the American Bar Association in 1987 and later led a task force to examine the state of legal education and offer recommendations on how to ease the transition between law school and the legal profession.
His report, published in 1992 and usually referred to as the MacCrate Report, made sweeping proposals. Legal training, it argued, should be more practice-oriented and less theoretical. Students should spend less time memorizing cases and more time working with government agencies and judges, and doing pro bono legal work. The goal of a legal education, the report said, was not simply to pass the bar exam but to acquire the knowledge and values needed “to participate effectively in the profession.”His report, published in 1992 and usually referred to as the MacCrate Report, made sweeping proposals. Legal training, it argued, should be more practice-oriented and less theoretical. Students should spend less time memorizing cases and more time working with government agencies and judges, and doing pro bono legal work. The goal of a legal education, the report said, was not simply to pass the bar exam but to acquire the knowledge and values needed “to participate effectively in the profession.”
The MacCrate Report touched off widespread debate among academics, practitioners, bar examiners and the judiciary. In 1996, the bar association’s house of delegates adopted new standards for the approval of law schools that included many of the report’s key recommendations.The MacCrate Report touched off widespread debate among academics, practitioners, bar examiners and the judiciary. In 1996, the bar association’s house of delegates adopted new standards for the approval of law schools that included many of the report’s key recommendations.
Robert MacCrate was born on July 18, 1921, in Brooklyn, to John MacCrate and the former Flora MacNicholl, and grew up in the Greenpoint neighborhood. His father was a former storefront lawyer who, after serving one term in the House of Representatives, sat for 35 years on the New York Supreme Court.Robert MacCrate was born on July 18, 1921, in Brooklyn, to John MacCrate and the former Flora MacNicholl, and grew up in the Greenpoint neighborhood. His father was a former storefront lawyer who, after serving one term in the House of Representatives, sat for 35 years on the New York Supreme Court.
Robert attended Brooklyn Friends School and earned a bachelor’s degree in liberal arts from Haverford College in Pennsylvania in 1943. A keen sailor, he enlisted in the Navy and saw action in the Pacific aboard the U.S.S. Pennsylvania during World War II.Robert attended Brooklyn Friends School and earned a bachelor’s degree in liberal arts from Haverford College in Pennsylvania in 1943. A keen sailor, he enlisted in the Navy and saw action in the Pacific aboard the U.S.S. Pennsylvania during World War II.
He joined Sullivan & Cromwell after earning a law degree from Harvard in 1948. He became a partner in 1956 and remained with the firm until retiring in 1991, though he interrupted his time there to take two outside posts: He spent a year as legal secretary to Presiding Justice David W. Peck of the appellate division of the State Supreme Court in Manhattan in 1951, and he began a three-year stint as general counsel to Gov. Nelson A. Rockefeller in 1959. He was the governor’s chief legislative aide, working with him to draft bills and steer them through the legislature.He joined Sullivan & Cromwell after earning a law degree from Harvard in 1948. He became a partner in 1956 and remained with the firm until retiring in 1991, though he interrupted his time there to take two outside posts: He spent a year as legal secretary to Presiding Justice David W. Peck of the appellate division of the State Supreme Court in Manhattan in 1951, and he began a three-year stint as general counsel to Gov. Nelson A. Rockefeller in 1959. He was the governor’s chief legislative aide, working with him to draft bills and steer them through the legislature.
Mr. MacCrate served as president of the New York State Bar Association in 1972 and 1973.Mr. MacCrate served as president of the New York State Bar Association in 1972 and 1973.
As president of the American Bar Association, he formed the Commission on Women in the Profession to report on the status of women practicing law and propose ways to remove obstacles to their advancement. He appointed Hillary Rodham Clinton to lead it. At the time, she was practicing with the Rose Law Firm in Little Rock while performing her official duties as the wife of Gov. Bill Clinton of Arkansas. She presided over the commission until 1992, when she left to work on her husband’s presidential campaign. As president of the American Bar Association, he formed the Commission on Women in the Profession to report on the status of women practicing law and propose ways to remove obstacles to their advancement. He appointed Hillary Clinton to lead it. At the time, she was practicing with the Rose Law Firm in Little Rock while performing her official duties as the wife of Gov. Bill Clinton of Arkansas. She presided over the commission until 1992, when she left to work on her husband’s presidential campaign.
Mr. MacCrate received the bar association’s Gold Medal, its highest honor, in 1999.Mr. MacCrate received the bar association’s Gold Medal, its highest honor, in 1999.
In addition to his son Christopher, he is survived by another son, Thomas; a daughter, Barbara MacCrate Stout; 10 grandchildren; and seven great-grandchildren. His wife, the former Constance Trapp, died this year.In addition to his son Christopher, he is survived by another son, Thomas; a daughter, Barbara MacCrate Stout; 10 grandchildren; and seven great-grandchildren. His wife, the former Constance Trapp, died this year.