U.S. District Judge Richard Cebull, who was investigated for misconduct by a judicial committee, will retire May 3rd. This represents a sudden, unexpected, and publicly unexplained change from his decision to continue hearing cases as a senior judge, which went into effect just two weeks ago. In response, People For the American Way president Michael Keegan released the following statement:
“After many months of investigation, Judge Cebull’s actions seem to have finally caught up with him. Cebull apparently hoped to avoid sanction by taking senior status before the misconduct investigation concluded. Fortunately, his gambit to avoid accountability was ultimately unsuccessful.
“Retirement was the only appropriate action for Cebull to take. He used his official email account to send an incredibly disgusting and racist email. When asked why, he said he sent it because he opposes the president.
“Americans expect the courts to be fair, impartial, and open to all. Cebull clearly demonstrated that he does not have the temperament to serve as a federal judge. His retirement, and the thorough investigation by the Ninth Circuit that precipitated it, are encouraging signs of a commitment to fairness and impartiality in the federal judiciary.”
DOMA’s Days Are Over
This piece is the third in a series of guest blog posts on “Why It’s Time to Dump DOMA.” In the weeks leading up to the Supreme Court arguments on the anti-gay Defense of Marriage Act, we’re asking friends of PFAW to share why dumping DOMA matters to them. Be sure to check back soon for the latest post in the series.
All Americans deserve equal treatment under the law. The President has acknowledged that, as have the nine states (plus the District of Columbia) that allow gays and lesbians to marry. A number of other states offer some form of relationship recognition status. But thanks to DOMA, the federal government doesn’t recognize all legally married couples, and states can refuse to recognize same-sex marriages from other states. And in Montana, same-sex couples can’t get married to begin with. That's why I care about dumping DOMA.
I'm queer and would like the chance to marry the person I love someday. Heck, I've got a master's degree and was elected to the City Council at age 28, but I'm not to be trusted with a lifelong commitment? All loving couples should have access to the legal protections they need to take care of each other, and I don't feel like I should have to move to a city to be myself and have the kind of life I want.
I'm a fourth generation Idahoan and now a proud Montanan, and I want to raise my kid in a place where they can hike, climb, backpack, fish, and hunt just a few minutes from home. Most Montanans value fairness and dignity. They judge you more by how you treat your neighbor than what you do in the privacy of your own bedroom. They believe in following the law. I think my fellow Montanans will come around when they see the sky doesn't fall when committed same-sex couples tie the knot.
So let's do it. Let's dump DOMA, and allow all Americans to pursue happiness by marrying the person they love.
Caitlin Copple, Missoula, MT City Councilmember
Member of affiliate People For the American Way Foundation’s Young Elected Officials Network
As the Supreme Court decides whether or not to hear a challenge to Montana’s prohibition on corporate independent expenditures to affect state elections, Senators John McCain (R-AZ) and Sheldon Whitehouse (D-RI) urged the court to let the Montana law stand, according to a report in Roll Call. Since that decision was handed down, super PACs have spent close to $100 million in this election. It’s time to take another look at the system and restore the balance of power to the people.
In the wake of Citizens United, the 2010 Supreme Court decision that opened the floodgates to unprecedented, unlimited corporate spending on politics, municipalities across the country have enacted resolutions calling for a constitutional amendment to overturn the decision. Passed before the Supreme Court’s decision, Montana has refused to stop enforcing its clean elections laws. Three corporations have filed a challenge, claiming the law is invalid under the Court’s ruling.
The Court can and should use this case as a means to full re-examine the Citizens United decision. Justice Ruth Bader Ginsburg acknowledged that the case presents the Court with an opportunity to re-examine the Citizens United case. “A petition for certiorari will give the court an opportunity to consider whether, in light of the huge sums currently deployed to buy candidates’ allegiance, Citizens United should continue to hold sway,” Justices Ginsburg, joined by Justice Stephen Breyer, wrote in a statement.
Senator McCain is a longstanding proponent of campaign finance reform, and Senator Whitehouse is a supporter of a constitutional remedies to overturn Citizens United. Together they filed an amicus brief, echoing the justices’ concerns: “Evidence from the 2010 and 2012 electoral cycles has demonstrated that so-called independent expenditures create a strong potential for corruption and the appearance thereof. The news confirms, daily, that existing campaign finance rules purporting to provide for ‘independence’ and ‘disclosure’ in fact provide neither.” Representative Chris Van Hollen (D-MD), Montana Attorney General Steve Bullock and others also filed briefs urging the Court to either let the Montana ban stand or re-examine the Citizens United Ruling. A decision as to whether to hear the case is expected by June.
The Supreme Court was wrong when it decided that corporations should be able spend their vast treasuries on elections. The State of Montana is providing a welcome chance to fix that mistake.
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.
People For the American Way President Michael Keegan issued the following statement in response to reports that Judge Richard Cebull, Chief U.S. District Court judge for Montana used his official court email account to send a sexist and racist “joke” email about President Obama:
“Americans expect our courts to be fair, impartial, and open to all. The trust we have in our courts relies on knowing that our judges will approach all litigants – from billion-dollar corporations to individual citizens – with fair and open minds.
“Judge Cebull, by using his official email account to promote racism, misogyny and disrespect for the office of President of the United States, has shown that he does not have the temperament necessary to fulfill his duties as judge. He should resign immediately.”
By now you’ve probably heard the news that Judge Richard Cebull, Chief U.S. District Judge for Montana, sent a “joke” email from his courthouse chambers, using his official court email account, that compares African Americans to dogs. Here’s the punchline:
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!”
"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." […]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.