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The Chewbacca Defense is a satirical term for any legal strategy that seeks to overwhelm its audience with nonsensical arguments and thus confuse them into failing to take account of the opposing arguments and, ultimately, to reject them. It is thus a kind of logical fallacy, specifically a red herring fallacy and non sequitur similar to argumentum ad nauseam.
The term originated in the animated television series South Park. In its typically poignant style, the show satirized real-life lawyer Johnnie Cochran's closing argument defending O.J. Simpson in his murder trial.
Spoiler warning: Plot or ending details follow.
In the South Park episode, Johnnie Cochran repeatedly wins legal cases by arguing that:
This parodies Cochran's defense in the O.J. Simpson trial, which many people believe was intended to distract the jury from damning evidence by overwhelming them with irrelevant information. The parody also refers to a famous line from Cochran's closing statement, in which he repeatedly proclaimed, "If it doesn't fit, you must acquit", referring to a glove that was a piece of evidence in the trial. The glove was supposedly worn by the murderer as he committed the crimes, yet was too small for Simpson's hand (the prosecution claimed it had shrunk after being soaked in the victims' blood).
The term Chewbacca Defense was first used in the South Park episode "Chef Aid," which premiered on October 7, 1998 as the fourteenth episode of the second season.
Spoiler warning: Plot or ending details follow.
In the episode, Johnnie Cochran defends a "major record company" against copyright violation charges by regular series character Chef—that the (fictional) song "Stinky Britches" by Alanis Morissette was in fact originally written by Chef, a claim that the story makes obvious to the viewer and is supported by reasonable evidence.
In response, Cochran resorts to his "famous" Chewbacca Defense, which he "used during the Simpson trial", according to another South Park character.
In the South Park episode, Cochran's use of this defense is so successful that the jury finds Chef guilty of "harassing a major record label" and sets his punishment as either a two million dollar fine to be paid within twenty-four hours or, failing that, eight million years in prison.
Ultimately a "Chef Aid" benefit concert is organized to raise money for Chef to hire Johnie Cochran for his defense. The concert (a parody of Live Aid) features his old showbiz friends—Elton John, Ozzy Osbourne, and others (the real-life artists recorded songs for the episode and accompanying album). In the concert Johnnie Cochran experiences a change of heart, decides to represent Chef for free and again successfully uses the Chewbacca defense, this time to acquit Chef and make the record company acknowledge his authorship.
The term Chewbacca Defense is used on many weblogs and Internet discussion forums, especially ones that often feature legal issues. Slashdot is one such example, where the Chewbacca Defense has been occasionally mentioned in discussion of legal affairs where the poster feels the legal arguments make no sense. As of August 2004 the most common targets on Slashdot are Microsoft, SCO, and the RIAA. (See , , , , ).
It is perhaps worth noting parenthetically that in the Star Wars series, Chewbacca (a Wookiee) does not in fact live on Endor. In fact, the Ewoks themselves live not on the planet Endor, but on a "forest moon" of it.
In early drafts of Return of the Jedi, the second Death Star was built in orbit around Kashyyyk, the tree-covered planet of the Wookiees. However, budget constraints at the time led the filmmakers instead to create the Ewoks (note that the word "Ewok" is "Wookiee" with the last syllable placed at the beginning).
It should also be noted that Chewbacca is in fact not from Kashyyyk, but was a slave in the spice mines until Han Solo rescued him.