Thomas Durkin Legacy: Civil Liberties Hero Against Govt Outreach

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Famed Chicago Attorney Remembered for Fearlessly Defending Unpopular Clients and Challenging Government Overreach

By TRH Global Affairs Desk

NEW DELHI, July 24, 2025 –Thomas Anthony Durkin, a titan of criminal defence and civil liberties law, passed away on July 21, in Chicago at the age of 78 after a brief battle with lung cancer. For over five decades, Durkin was a fixture in Chicago’s courthouses.

He was known for his relentless advocacy for clients ranging from Guantanamo Bay detainees to local politicians accused of corruption. His career was defined by a fierce commitment to defending the constitutional rights of even the most reviled defendants. He earned a reputation as a “terror suspect’s best hope in court,” as described by a 2016 ‘Wall Street Journal’ article.

Born on Chicago’s South Side to a steel mill worker, Durkin’s path to legal prominence began with a Bachelor of Arts from the University of Notre Dame in 1968, followed by a Juris Doctor from the University of San Francisco School of Law in 1973.

His early exposure to criminal defence came through a student adviser role at a public defender’s office, shaping his lifelong passion for defending the underdog. After clerking for Judge James Parsons in the Northern District of Illinois, Durkin served as an Assistant US Attorney from 1978 to 1984, prosecuting political corruption and white-collar crimes, including the first federal criminal civil rights open housing case in the Chicago area.

In 1984, Durkin co-founded Durkin & Roberts with his wife, Janis D. Roberts, a partnership he credited for his success, famously stating, “Without Roberts, there is no Durkin.” The firm’s mission was clear: “Defending the rule of law, civil liberties and international human rights by providing the highest quality representation to individuals accused of serious crimes.”

His practice became a beacon for those facing complex, controversial cases, from terrorism to public corruption.

Durkin’s most notable work included his pro bono representation of Guantanamo Bay detainees through the ACLU’s John Adams Project, including Ramzi bin al-Shibh, accused of facilitating the 9/11 attacks. In 2008, he boldly disclosed in open court that bin al-Shibh was being medicated, risking censure to highlight issues of torture and competency, a move that exemplified his fearless advocacy.

He also represented clients like Adel Daoud, accused of plotting to bomb a Chicago bar, and Mohammed Hamzah Khan, charged with supporting ISIS, always emphasizing equal treatment under the law. “I don’t do this because I think my clients are wonderful people who should be exonerated,” Durkin said in a 2016 ‘Wall Street Journal’ article. “I do it because I think I have a role in the system.

His commitment extended to local cases, defending figures like state Sen. Donne Trotter and former Ald. Carrie Austin, and securing an acquittal on terrorism charges for Jared Chase of the NATO 3. Durkin’s son, Matt Durkin, told the ‘Chicago Sun-Times’, “He really believed in the principle that everyone, no matter how derided you are, you are owed your constitutional right to defence.”

Durkin’s influence reached beyond the courtroom. As a Distinguished Practitioner in Residence at Loyola University Chicago School of Law, he co-founded and directed its National Security and Civil Rights Program, lecturing nationwide and writing essays warning against unchecked government power. His work was driven by an intellectual and spiritual curiosity, as he noted in a 2014 ‘Chicago Reader’ piece: “There’s a tremendous amount of history you have to learn, which I enjoy. There’s a lot of theology you have to understand, which I enjoy.”

Colleagues lauded his legacy. “He took on the most challenging, controversial and complex cases that other lawyers would run away from,” said Joshua Herman, an attorney who worked with Durkin, in an ‘Associated Press’ report. Former US Attorney Dan Webb called him his “favourite ‘cause’ lawyer” for his dogged determination.

Ron Safer, a former colleague, posted on X, “Tom was as fierce and fearless a lawyer as you would ever want to see. His client was always innocent, and Tom believed that to his core.”

Robin Waters, a longtime friend, told the ‘Chicago Sun-Times’, “Tom mentored a generation of criminal defence lawyers to speak truth to power and to fiercely defend the most demonized among us.”

Durkin’s Irish Catholic upbringing and opposition to the death penalty shaped his philosophy, described by Columbia law professor Bernard E. Harcourt as that of a “liberation theologian at heart.”

He is survived by his wife, Janis Roberts, six children, and 15 grandchildren. His death prompted tributes across X, with @SeidelContent writing, “Now more than ever, we need more Tom Durkins.”

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