Tag Archives: Racism

Op Ed: Judge Cebull’s Email “Irreparably Damaged Ability, Impartiality of Federal Court”

by D Gregory Smith

A piece in today’s Missoulian by 6 UM Law School professors  gives us an excellent reason to keep up the calls for his resignation and/or dismissal: the irreparable damage to impartiality. Excerpt:

Racism and sexism work in pernicious ways. Although there are still open racists and sexists everywhere, thanks to the civil and women’s rights movements much of what we now see resides in more subtle institutional arrangements and private, informal interactions that define our daily existence. Racism and sexism lurk in systemic processes, in implicit understandings, in gestures and jokes. Hidden from the light of public scorn, they thrive in structural formalities, personal relationships and private interactions.

Every once in a while, we catch a rare glimpse of these manifestations. U.S. Chief District Judge Richard Cebull’s e-mail and equivocations provided the latest example. Sent an admittedly racist and misogynistic email, Cebull chose to promote it to others. And when caught having forwarded the disturbing message, Cebull tried to distinguish the email’s content from his intent and his act from his character, demonstrating a profound misunderstanding of racism and sexism.

I know that I certainly would not feel comfortable having him decide a case involving me- or anyone I know for that matter. I would probably be able to make a case- as would anyone who has spoken out against him- for recusal. I would feel suspicion and mistrust- and fear. Not the feelings a Federal Judge should engender….

More:

We acknowledge Cebull’s contributions to our profession. We also hear his contrition and recognize that we have all made mistakes. But his is not a simple lapse in judgment or momentary moral failing. As a federal district judge – the chief judge of Montana – the consequences of his actions are that racial and ethnic minorities, women and even people with whom he disagrees politically now have clear reason to question his ability to be fair and impartial when they appear in his court. The cynical may even try to exploit his revealed biases.

Cebull has irreparably compromised his ability to promote the independence, integrity and impartiality of the United States District Court in Montana.

Agreed. I just hope we can do something about it.

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Cebull Resignation Petitions Pepper The Internet- And They Should

by D Gregory Smith

Photo from The Missoulian

So far, I’ve found five petitions circulating the internet asking Federal Judge Richard Cebull to resign for his poor judgment in circulating a racially charged email about Barack Obama, his mother- and a bestiality party. Three on Change.org alone. I signed them all.

Why am I still harping on this? Well, to quote The Boston Globe,

Should a single joke, even a deeply, shockingly insensitive one, doom an entire career? Even if it’s merely forwarded on a computer, rather than spoken aloud? A good answer is: only if biases expressed in the joke are reflected in a broader assessment of the joke-teller. That’s why Congress should investigate Chief US District Judge Richard Cebull of Montana, who admitted to passing along a joke whose punchline suggested President Obama was fathered by a dog. Criminal defendants, victims, and litigants need to know that they are being viewed fairly, as individuals, when they come before this judge.

And to buttress, The New York Times:

His dislike of the president is so strong, apparently, he could not resist the urge to violate his ethical duty to avoid intemperate conduct that suggests racial and political bias and an appearance, at least, of impropriety. Although Judge Cebull did not intend for his e-mail to become public, his use of a government computer and an official e-mail account to spread the hateful message removes any claim that his action was purely private.

At Judge Cebull’s request, the Judicial Council of the Ninth Circuit Court of Appeals will now consider whether and to what degree to discipline him. It has the power, if it chooses, to reprimand him and temporarily suspend him from hearing cases.

It should not be necessary for the appeals court to do that. Judge Cebull has forfeited the trust Americans need to have in the impartiality and judgment of members of the federal bench. He should resign.

And finally, to quote reader Sara Walsh in The Great Falls Tribune’s comment thread on the story,

Cebull doesn’t get many opportunities to show his racism in Montana, which is 89.4 percent Caucasian, with only 0.4 percent of the non-Caucasians being black. But when you ridicule someone for who they are based on their lineage, which they have no control over, rather than for their actions, that’s racism/discrimination.

That’s why.

Just in case you haven’t had a chance to sign these petitions- and lest the fire die down- I thought I’d list them all here for your convenience.

You’re welcome.

Breaking:  The Montana Human Rights Network files complaint in federal court, wants federal judicial panel to call on Judge Richard Cebull to resign.

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The Call For Cebull To Step Down Gets Louder- Petition Edition

by D Gregory Smith

Thanks to the folks at the Montana Human Rights Network, there’s now a petition. From The Great Falls Tribune:

Seal of the United States Court of Appeals for...

Image via Wikipedia

Travis McAdam, executive director of the Montana Human Rights Network, said citizens from throughout Montana and across the country are flooding the organization’s phone lines and email inbox with angry calls for Cebull to be removed from his post as the state’s top federal judge.

“People are really angry and motivated and wanting to do something,” McAdam said Thursday.

The Montana Human Rights Network and other groups are now circulating online petitions calling for Cebull to resign.

“On February 20, the chief federal judge in Montana, Richard Cebull, forwarded an email to six individuals that included racist and misogynistic content. The content of this email dehumanizes people of color and women. People of color and women appearing before Judge Cebull will have valid concerns about his ability to treat them fairly,” the network petition reads in part.

“From the time story broke online (Wednesday) to this morning we had gotten dozens of emails through our website, and phone calls from people who are really wanting some way to register their real displeasure with the email the judge sent around and also really talking about ‘how can we lend our names to something to try to get the judge to resign?’” McAdams said.

The network also plans to file a formal ethics complaint with the 9th U.S. Circuit Court of Appeals.

The MHRN petition is here. 

UPDATE: CONGRESSIONAL TRI-CAUCUS CONDEMNS MONTANA JUDGE’S RACISM TOWARD OBAMA

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MT Federal Judge Admits Racist Obama Email

by D Gregory Smith

Richard Cebull, Chief U.S. District Judge for the State of Montana has admitted he sent racially charged emails about the President to “a few close buddies” from his chambers. From USA Today:

Image from Wikipedia

Cebull, of Billings, was nominated by former president George W. Bush and received his commission in 2001 and has served as chief judge for the District of Montana since 2008.

The subject line of the e-mail, which Cebull sent from his official courthouse e-mail address on Feb. 20 at 3:42 p.m., reads: “A MOM’S MEMORY.”

The forwarded text reads as follow:

“Normally I don’t send or forward a lot of these, 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.

“A little boy said to his mother; ‘Mommy, how come I’m black and you’re white?’ ” the e-mail joke reads. “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 admitted Wednesday to sending the e-mail to seven recipients, including his personal e-mail address. The judge acknowledged that the content of the e-mail was racist, but said he does not consider himself racist. He said the e-mail was intended to be a private communication.

“It was not intended by me in any way to become public,” Cebull said. “I apologize to anybody who is offended by it and I can obviously understand why people would be offended.”

Cebull said his brother initially sent him the e-mail, which he forwarded to six of his “old buddies” and acquaintances.

“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,” Cebull said. “I didn’t send it as racist, although that’s what it is. I sent it out because it’s anti-Obama.”

Travis McAdam, executive director for the Montana Human Rights Network, said the e-mail is highly racist rhetoric unbecoming of a federal judge.

“It’s one thing if the judge is not a fan of President Barack Obama, but you would think someone in his position would articulate that in a way that criticizes his policy decisions or his position on issues,” McAdam said. “We have a hard time believing that a legitimate criticism of the president involves distributing a joke that basically compares African Americans with animals.”

Cebull said he does not consider himself prejudiced against people of other races or ethnic backgrounds, and that his actions in his courtroom have demonstrated that.

“This is a private thing that was, to say the least, very poor judgment on my part,” Cebull said. “I did not forward it because of the racist nature of it. Although it is racist, I’m not that way, never have been.”

The White House declined to comment Wednesday on the incident.

My two cents: Cebull’s statements don’t seem to indicate any remorse or regret- it’s simply an expression of the depth of prejudice that can’t distinguish between racism and partisanship. I think this needs to be a big deal- and he needs to go.

It’s disgusting.

Update The Bozeman Chronicle’s lead-in: Montana’s chief federal judge said Wednesday that he forwarded an email that contained a joke involving bestiality and President Barack Obama’s mother, but he did so because he dislikes the president and not because he’s racist.
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Racism, Unleashed

by D Gregory Smith

Because we have an African American in the White House, and a chequered American past as far as racial equality (and inequality for that matter) are concerned, it was only a matter of time.

To play the (Aryan) race card.

Little Green Footballs is reporting that Fox Nation has posted a video that has resulted in hundreds of racist, offensive comments:

English:

Image via Wikipedia

As we’ve noted at LGF many times, Fox Nation, official discussion forum of Fox News, has become utterly indistinguishable from a neo-Nazi hate site like Stormfront. And here’s another graphic, disgusting demonstration.

Yesterday, whatever race-baiting goon runs that site posted a video of Sheila Jackson Lee, criticizing Newt Gingrich’s racist code words:

Sheila Jackson Lee: Newt Using ‘Codewords’ to be Racist – Newt Gingrich – Fox Nation

Of course, they knew exactly what would happen; that’s why they posted the video. Fox Nation commenters responded with a torrent of outraged whining and denials: “Democrats are the real racists,” “Sheila Jackson Lee is the real racist,” “There’s no racism in America,” “I’m sick of being accused of racism,” etc. etc. etc.

And there were real, disgustingly racist and hateful comments posted throughout the site- which they’ve taken down. Comments are now closed. But if you want to see what they said, you can go to Little Green Footballs site, linked above. I won’t reprint them here.

This is nothing new- it started the second Obama started to gain traction in the primaries. You remember the jokes, the pictures, the sneers. But there are arguments, like Lee’s, that the Republican challenger’s rhetoric is inflammatorily “coded” to incite fear and disgust in his audience without actually sounding the alarm- especially as a white Southerner familiar with the race-baiting fear tactics so popular (and effective) in the 60′s.

Do I believe the President can handle this rhetoric? I do. He will do it with his characteristic intelligence and grace.

What bothers me is this: A significant part of the American Public too easily fall into this unenlightened position of racial ridiculousness. And Fox News just seems to be fanning those flames- “out of concern for America,” mind you.

Watch closely, America. It’s out there.

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America’s Cold Civil War

by D Gregory Smith

Andrew Sullivan calls it.
Money quote:

Now that Nixon’s dream has come true and the GOP is fundamentally the party of the Confederacy, it was perhaps naive to think they could ever accept the legitimacy of this president, or treat him with respect or act as adults in the governing process.

This coming from a thoughtful conservative. Just more evidence that the thoughtful conservatives are not in charge in The House.
Full essay here.

Disturbed? Run For Office!

by D Gregory Smith

A friend recently drew my attention to some of the similarities between the recently announced KKK GOP Congressional candidate in Montana and some of the extremist members of the Republican Party in the Montana Legislature. I thought I’d share a few with you. So, just to catch you up:

John Abarr, a former organizer for the KKK, filed to run in the Republican primary for Montana’s congressional seat on May 25, 2011. (More info here: http://helenair.com/news/article_613dd194-8cdc-11e0-9dfc-001cc4c002e0.html)

Abarr’s ties to the KKK have been well documented. Of his affiliation with the Klan, he has said:

“It’s not any different than the NAACP,” he says. “The Klan is basically a civil rights organization that stands up for the rights of white people. The Montana Human Rights Network likes to blow everything out of proportion.”

Gotta love the logic. Republicans, such as gubernatorial candidate Rick Hill have tried to distance themselves from this guy.  However, after this legislative session in Montana, it’s hard to deny the fact that he is well within the extremist wing of the Republican party.

LGBT Issues

Abarr has also called for the deportation of gays, lesbians and Jewish people: http://missoulanews.bigskypress.com/missoula/etc/Content?oid=1133942 And, as I’ve reported numerous times, the Montana Republican Party Platform calls for the re-criminalization of gay people in the state:

“We support the clear will of the people of Montana expressed by legislation to keep homosexual acts illegal.”

During the Legislative session, Republicans refused to remove language that had been ruled unconstitutional by both the state and federal supreme courts calling for the criminalization of gays and lesbians from Montana law. And they made  disgusting comments on the bill :

 Some Republicans even denied that the courts had struck down the statute. 

HIV/AIDS

According to the Human Rights Network, Abarr sent a flier to the Bozeman Daily Chronicle in 2007, urging Bozeman residents to stay inside to avoid contracting HIV during the Montana Pride Celebration. He claimed that HIV could be transmitted by air. 

During the most recent legislative session, Republican House Speaker Pro Tempe, Rep. Janna Taylor claimed people in prison were spreading HIV by blowdarts: http://www.youtube.com/watchv=igYKflAdzjo&feature=channel_video_title

Racial Minorities

Abarr said of his choice to move to Montana:

“I’ve pretty much decided since I spent some time in California that it (a pure white Christian nation) is just not gonna be. I mean there’s so many of them (racial minorities),” Abarr says, adding that in Montana it’s easier to achieve an all-white society.”

Republican Rep. James Knox introduced a bill that would redefine what a citizen of Montana is and essentially ignore the 14th Amendment to the US Constitution. This bill would have likely removed citizenship from Native Americans and the children of immigrants in the state.

Convinced? I’ll bet there’s more if you look.

The key to redefining politics in this state is to redefine politicians. We effectively tied the hands of the most effective tool (building relationships) by enacting term limits. There is no longer any reason for any of our state legislators to cultivate relationships for the good of the people of the State of Montana- instead, people are just interested in ramming their own crazy-ass agendas through the legislative process.

Reason will only prevail when we elect reasonable people- people who are interested in communicating, are not threatened by differences and will work to guarantee a future in this state for all its people- not just a few…

White Sulphur Councilman Accused Of Racism

by D Gregory Smith

Homecoming never used to be such a problem when I was a kid- but then there were only white kids in my school.

The Great Falls Tribune reports:

Senior Kody Mondragon and the other 10 homecoming king and queen candidates planned to take the traditional ride in the back of convertibles during the Oct. 8 parade.

But Mondragon said when he tried to climb into the car owned and driven by Councilman Heith Stidham, Stidham refused repeatedly to let him in, saying he couldn’t let someone who looked like Obama ride with him. (emphasis mine)

WTF? Full story here.