By: Colbert I. King, Opinion Writer, The Washington Post, February 24, 2012
“Blinded By The Hate”: The Real Problem With Judge Cebull’s Email
Earlier this week a Great Falls Tribune reporter found something startling in his inbox: a shockingly racist and misogynistic email forwarded from the most powerful federal judge in Montana, which “joked” that the president of the United States was the product of his mother having sex with a dog. The story soon became national news, with groups like ours calling on Judge Richard Cebull to resign.
Cebull quickly apologized to the president and submitted himself to a formal ethics review, somewhat quelling the story. But the story is about more than one judge doing something wildly inappropriate and deeply disturbing. It’s about a conservative movement in which the bile and animosity directed at the president — and even his family — are so poisonous that even someone who should know better easily confuses political criticism and sick personal attack. Come on: going after the president’s late mother?
Attempting to explain his email forward, Judge Cebull told the reporter, John S. Adams,
The only reason I can explain it to you is I am not a fan of our president, but this goes beyond not being a fan. I didn’t send it as racist, although that’s what it is. Is sent it out because it’s anti-Obama.
Judge Cebull is hardly alone in using the old “I’m not racist, but…” line. In fact, his email was the result of an entire movement built on “I’m not racist, but…” logic that equates disagreement with and dislike of the president with broad-based, racially charged smears. These smears, tacitly embraced by the GOP establishment, are more than personal shots at the president — they’re attacks on the millions of Americans who make up our growing and changing country.
Mainstream conservatives have genuine objections to President Obama’s priorities and policies. But since he started running for president, a parallel movement has sprung up trying to paint Obama as an outsider and an imposter — in unmistakably racially charged terms. Too often, the two movements have intersected.
The effort to paint Obama as a threatening foreigner sprung up around the right-wing fringe in the run-up to the 2008 election with the typically muddled conspiracy theory that painted him as both a secret Muslim and a member of an America-hating church. They soon coalesced in the birther movement, which even today is championed by a strong coalition of state legislators and a certain bombastic Arizona sheriff.
But the birther movement, the “secret Muslim” meme and the idea that the president of the United States somehow hates his own country are no longer confined to the less visible right-wing fringe. Former House Speaker Newt Gingrich, until recently a frontrunner in the GOP presidential race, continually hammers on the president’s otherness, most notably criticizing his “Kenyan, anti-colonial behavior.” Rick Santorum flatly claims that Obama does not have the Christian faith that he professes, and eagerly courted the endorsement of birther leader Sheriff Joe Arpaio. And before they dropped out, Rick Perry and Herman Cain couldn’t resist flirting with birtherism.
But perhaps more than either of these fringe-candidates-turned-frontrunners, Mitt Romney has been catering to the strain of conservatism that deliberately confuses policy disagreements with racially-charged personal animosity. Romney went in front of TV cameras to smilingly accept the endorsement of Donald Trump, whose own failed presidential campaign was based on demanding the president’s readily available birth certificate. And Gov. Romney continually attacks Obama — falsely — for going around the world “apologizing for America.”
Judge Cebull needs to take responsibility for his own actions. And if the GOP has any aspirations of providing real leadership to this country, it needs to jettison the deeply personal vitriol being direct against Barack Obama and start talking about real issues. When a federal judge has seen so much racially-charged propaganda against the president of the United States that he can claim not to know the difference between genuine disagreement and offensive personal smears, something in our discourse has gone terribly awry.
By: Michael B. Keegan, The Huffington Post, March 2, 2012
“Not So High Standards Of Conduct”: Federal Judge’s Racist Email May Have Violated U.S. Ethics Code
A racist email sent around by Richard Cebull, the chief US district court judge in Montana, not only showed blatant disrespect for the president of the United States but also may have broken federal ethics rules. Cebull, who was appointed to the court by George W. Bush in 2001 and became chief judge in 2008, appears to have violated the US Code of Judicial Conduct on at least one count with his behavior, legal experts say.
Cebull sent the nasty email about President Obama on Feb. 20 to six of his “old buddies,” as he put it. The subject line read: “A MOM’S MEMORY.” He used his official court email account, according to the Great Falls Tribune, which first exposed the email on Wednesday. “Normally I don’t send or forward a lot of these,” he wrote, “but even by my standards, it was a bit touching. I want all of my friends to feel what I felt when I read this. Hope it touches your heart like it did mine.” The enclosed “joke”—suggesting that the racially mixed president is the spawn of a dog—read:
“A little boy said to his mother; ‘Mommy, how come I’m black and you’re white?’
“His mother replied, ‘Don’t even go there Barack! From what I can remember about that party, you’re lucky you don’t bark!'”
Cebull denies he’s a racist, and says that the email wasn’t intended to be public. But on Wednesday he admitted publicly that the email was both racist and motivated by partisan politics. “The only reason I can explain it to you is I am not a fan of our president, but this goes beyond not being a fan,” he said. “I didn’t send it as racist, although that’s what it is. I sent it out because it’s anti-Obama.”
The US Code of Judicial Conduct mandates that a judge “should personally observe high standards of conduct so that the integrity and independence of the Judiciary are preserved.” It also says that a judge “should avoid impropriety and the appearance of impropriety in all activities”—which applies to both professional and personal conduct. With regard to politics, it says judges “should refrain from partisan political activity” and “should not publicly endorse or oppose a partisan political organization or candidate.”
Where to draw the line between appropriate and inappropriate speech by judges is a complicated matter, says Jeffrey M. Shaman, a judicial ethics expert at DePaul University College of Law. But there seems to be little doubt that Cebull crossed over the line. “Offensive, racist speech such as this clearly diminishes public confidence in the integrity and impartiality of the judiciary, and therefore should be considered a violation of the Code of Judicial Conduct,” Shaman told me. “Judge Cebull ought to know better, and his circulation of such a disgusting message makes one wonder if he is competent to serve as a judge.”
What might the consequences be for Cebull?
“While I certainly see why this type of joke raises serious and legitimate concerns, I am not convinced that it warrants punishment beyond the current (and justified) public criticism,” wrote George Washington University legal scholar Jonathan Turley on Thursday. “The judge is claiming that he thought he was sending this to a handful of friends. It would be akin to a bad joke at a party being repeated later.”
Turley notes that in 2009 a judicial council cleared Chief Judge Alex Kozinski of the 9th US Circuit Court of wrongdoing after an investigation into sexually explicit materials (involving farm animals) found on the judge’s personal website. But the council did officially find that Kozinski had acted with “carelessness” and was “judicially imprudent.”
In Cebull’s case, Turley concedes that the Montana judge clearly failed to adhere to a tenet of the Code of Judicial Ethics, that a judge “must expect to be the subject of constant public scrutiny and accept freely and willingly restrictions that might be viewed as burdensome by the ordinary citizen.”
Shaman sees a serious offense. “It is very difficult to predict what sanctions a reviewing authority will apply in any given case,” he says. “But I certainly think that at least a reprimand is appropriate here.”
Update, 3pm PST: AP reports that the 9th U.S. Circuit Court of Appeals will carry out a judicial misconduct review. The complaint process apparently was initiated by Cebull himself, who says he also plans to send President Obama a formal apology.
By: Mark Follman, Mother Jones, March 1, 2012
“Defending Traditions And Storied Principles”: The Demonizing Of Barack Obama:
February is African American History Month. Yet these are days of sadness.
The brilliance of hope, so blinding a few short years ago, has dimmed. The dreams of a 21st-century America, where achievement is based on skills, determination and merit, free from an arbitrary color standard, have been replaced with injuries inflicted by present-day haters as malevolent as some of our worst enemies of the past.
Who could have imagined a U.S. publication suggesting that Israel “give the go-ahead for U.S.-based Mossad agents to take out a president deemed unfriendly to Israel in order for the current vice president to take his place.” In case you were unsure of what you’d just read, the writer clarified, “Yes . . . order a hit on a president in order to preserve Israel’s existence.”
Those words were written only a few weeks ago, in a column by the owner and publisher of the Atlanta Jewish Times, a weekly newspaper that dates back to 1925. Andrew Adler’s call for President Obama’s assassination was immediately condemned by major Jewish organizations. He apologized, resigned from his post and has reportedly put the paper up for sale.
But it can’t be unsaid. To read in a mainstream publication that Barack Obama should be killed takes the breath away.
How many other Americans think the same way? Such thoughts didn’t start with Adler. They don’t stop with him.
Now, before some of you strike back with, “Hey, what about those scurrilous attacks on George W. Bush or Ronald Reagan?,” allow me to stipulate that crazed partisans and venomous pundits populate the left as well as the right.
What sets anti-Obama foes apart from the persecutors of Bush, Reagan et al., however, is that the purveyors of this brand of inflammatory rhetoric include the GOP presidential candidates themselves.
Their charges are rude, disrespectful and designed to question Obama’s loyalty to country and commitment to his faith.
John Avlon, CNN contributor and senior political columnist for Newsweek and the Daily Beast, recently chronicled the kind of “radioactive rhetoric” that the presidential hopefuls are spewing to rev up their conservative base. I’ve chosen a few examples of my own.
Newt Gingrich: Obama has a “Kenyan anti-colonial mindset” and is the “most radical president in American history.” Gingrich has also said: “This is an administration which, as long as you are America’s enemy, you’re safe. You know, the only people you’ve got to worry about is if you are an American ally.”
Rick Santorum: Obama has “some phony theology. Not a theology based on the Bible,” and he is “systematically trying to crush the traditional Judeo-Christian values of America.”
Mitt Romney: Obama associates with people who have “fought against religion.” “Sometimes,” Romney said recently, “I think we have a president who doesn’t understand America.”
As Avlon observed: “This line was straight out of the ‘Alien in the White House’ playbook, a riff that reinforced the worst impulses of some in the audience.”
In this political environment, there is no invective too repugnant, too vicious to throw at this president of the United States.
It is in this climate that we celebrate African American History Month and the achievement of generations against all odds. The demonizing and denigration of the nation’s first black president cast a pall over what should be a time of tribute to indomitable Americans.
But we soldier on.
African American History Month concludes next week, and George Washington University will host an event Tuesday “celebrating the African American legacy in Foggy Bottom.”
Since the discussion will be devoted to my old turf, I expect to be on hand. “Half the fun of remembering is the rearranging,” as an Internet posting put it, and this trip down the avenues of yesterday should be worth taking, even if it returns us to things that were hard to bear at the time.
It is the present, and what lies ahead, that is unsettling.
How will observers of African American History Month many years down the road regard the time in which we now live?
Ah, but these things are being said about Obama, we are told, because of his policies, not because of the color of his skin.
It’s never about race; it’s all about the defense of great traditions and storied principles . . . as in cases of the Civil War, Plessy, Brown, lunch counters, bus travel, the poll tax, Jackie Robinson.
It’s sad, and infuriating.
“A Moment Of Silence, Please”: MSNBC And Pat Buchanan Part Ways
It’s officially the end of an era for MSNBC and Pat Buchanan. How … anticlimactic:
My days as a political analyst at MSNBC have come to an end.After 10 enjoyable years, I am departing, after an incessant clamor from the left that to permit me continued access to the microphones of MSNBC would be an outrage against decency, and dangerous.
The calls for my firing began almost immediately with the Oct. 18 publication of Suicide of a Superpower: Will America Survive to 2025?? […]
Pat then goes on to blame loudmouthed Obama supporters, homosexuals, Jews, and I don’t know, maybe werewolves. Yeah, let’s say werewolves.
Buchanan’s recent book may have been MSNBC’s excuse for finally taking him off the air for good, but it seems mostly to be a “final straw” sort of thing. Buchanan has been mourning the downfall of white America for a considerable time now, so this latest book was hardly new ground for him. He has been accused of anti-Semitism even by such conservative stalwarts as William F. Buckley, and got in hot water a few years ago for a bizarre column proposing that Hitler was misunderstood. No, his pissy statement sells himself rather short on the number of ridiculously bigoted things that would regularly come from his mouth. No matter what he said on air or off, though, the network would always prop him up in front of the television cameras.
Well, it’s not like he died or anything. We’ll still be hearing from him. Maybe Fox News will give him a home, since that seems to be where discredited pundits who have otherwise worn out their welcome in polite company go to ply their trade.
By: Hunter, Daily Kos, February 16, 2012
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