Columnist Jeff German: Claiborne was as tough as they come

Friday, Jan. 23, 2004 | 11:17 a.m.

They're burying Harry Claiborne today.

There is a lot I'm going to remember about him -- his friendly smile, his storytelling abilities, his upbeat outlook on life and his incredible knowledge of the legal system.

What I will remember most about Claiborne, however, is the toughness behind the smile that allowed him to stand up to a mammoth federal government that veered off course in an effort to destroy his career.

The story of Claiborne's bold fight to keep his job as a federal judge, which took him all the way to impeachment proceedings in Congress in 1986, should be required reading for anyone leading the charge against Yucca Mountain today.

This was a fighter who didn't know how to back away.

Though Claiborne ultimately lost his fight -- he was impeached and removed from office -- he became a hero to many Las Vegans at a time when the city had come under intense scrutiny from the Justice Department in Washington.

"The Justice Department hated us in those days," recalls David Chesnoff, who helped defend Claiborne during his impeachment trial on the floor of the Senate. "They thought the entire town was made up of outlaws."

We had a few bad guys here during those stormy days, but Claiborne wasn't one of them.

Claiborne, however, also wasn't a typical judge. He was outspoken, and he refused to give up friendships with many of the colorful old-time Las Vegans he used to represent as the city's premier criminal defense attorney -- people like casino owner Benny Binion, who once pleaded no contest to killing a man in Texas.

When Claiborne was on the bench, he went to great lengths to make sure the little guy got a fair shake in his courtroom, and he was not afraid to criticize federal agents if he thought they were overreaching.

His independent style did not ingratiate him with the Justice Department's big shots in Washington.

So they went after the judge with a vengeance, caring little about the system of justice they had sworn to uphold. To head the investigation they brought in an unscrupulous FBI agent who bent and twisted the law, and they gave a shady brothel baron millions of dollars to set up the judge on phony bribery charges.

I know about those things because I helped write a seven-part series for the Sun that exposed the injustice brought upon Claiborne and others who stood in the way of the investigation.

Years later, after the government succeeded in taking away his lifelong dream of being on the federal bench and after Claiborne had returned to practicing law, he wouldn't let that horrific chapter in his life get him down.

In a 1996 interview I did with Claiborne on the eve of the 10th anniversary of his impeachment, he remained defiant, but said he felt "no hatred" toward those who had ruined his career on the federal bench.

Then he smiled and said: "I did a lot of bending, but I didn't break. I knew they would never break me."

No, they didn't Harry. You can keep smiling.