Some Heroes
Revel in their words--there's so much to learn here.
Seeing hi-rises in Bangkok sway and crumble last week, I felt I was watching the physical manifestation of our catastrophe here. Great institutions, solid, shining towers just collapsing before our eyes. First the Republican Party, every one suddenly forgetting they swore an oath to the constitution and becoming a Greek chorus of lies. Then the media, the ones that warned us of Watergate, suddenly quavering before a dictator, flattering him while attacking his rivals, settling his frivolous lawsuits for hundreds of millions of dollars. Then men who had made billions in business, giving up their autonomy to kowtow, grinning like fools as they sat beside him at his inauguration. Great universities. Huge law firms. Yesterday leftist nirvana, NYU, popped like a soap bubble:
“If you stand for nothing, baby, what’ll you fall for….” —Lin Manuel Miranda, Hamilton
When a University refuses to allow free speech, when a law firm bows to lawless tyrant—they shift the weight to individuals. Each of us has to bear a little more fear and responsibility because the University of Michigan is shuttering its DEI office. It’s heartbreaking and terrifying, and today will be a very hard day as we wait for the results of elections which Elon Musk has poured money into literally giving out millions of dollars (while it’s illegal in some states to offer a bottle of water to a voter).
So I’m devoting this page to those who’ve stood up. These letters can be templates for us as we face an escalating need to stand strong. Peter Slevin’s analysis of the Idiocracy vs Georgetown Law is below. Dean William Treanor replies to a threat from this administration and Slevin shows how he stands up where others have failed.
(Slevin is a Professor at Northwestern University’s Medill School of Journalism and contributor to The New Yorker. This came from Slevin’s Facebook page, not sure it’s been published elsewhere. The highlights are mine)
DEI is the New Red Scare
How satisfying was it when William Treanor, the dean of Georgetown's law school, clapped back without apology at the bluster from Edward Martin, a doozy of a nominee for U.S. attorney in Washington, D.C.?
Martin’s chief qualification for the job appears to be his support of the Big Lie, that Democrats stole the 2020 election, and his belief that the January 6th convicts should go scot-free, even the ones who pleaded guilty to pummeling police officers. He posts Bible verses while answering WWJD by labeling Kamala Harris “the DEI candidate.”
The other day, he took a break from tweeting — members of his staff told the New York Times that he’s a “keyboard warrior” — to dispatch a letter to Treanor. “It has come to my attention reliably,” he intoned, “that Georgetown Law School continues to teach and promote DEI. This is unacceptable.”
He demanded to know if Treanor had “eliminated all DEI from your school and your curriculum.” If Treanor had not done so, would Martin punish the university? Of course not, silly.
He would punish individual students.
“You should know,” Martin continued, “that no applicant for our fellows program, our summer internship, or employment in our office who is a student or affiliated with a law school or university that continues to teach and utilize DEI will be considered.”
How does Martin define DEI? Who knows. But it must be bad, because what self-respecting society could ever support the concept of equity? (“The concept of being fair and impartial.”) Or diversity. (“The condition of being composed of differing elements.”) Or inclusion. (“The practice of providing equal access to opportunities and resources.”)
Especially in a country where the 2020 Census found a constellation of more than 300 identifiable racial and ethnic groups, plus 1,187 Native American tribes and villages. Diversity is a malign force. Equity is a refuge for sissies.
DEI is the new Red Scare. Martin and allies throughout the Trump administration launch their insinuations of “DEI” in the same way that Sen. Joseph McCarthy declared of State Department employees, “I have in my hand 57 cases of individuals who would appear to be either card-carrying members or certainly loyal to the Communist Party.” It appears the two men have similar relationships to integrity.
But the porous cry of “DEI” is not where Georgetown’s Treanor aimed his fire. Treanor happens to be a constitutional historian. He replied, with a tart firmness, that Georgetown would not be told how to teach its students. Indeed, the Constitution wouldn't allow it.
The Jesuit university, he wrote, follows a moral and educational imperative that “serious and sustained discourse among people of different faiths, cultures, and beliefs promotes intellectual, ethical and spiritual understanding.” In case Martin hadn’t recently consulted his pocket Constitution, he pointed out that the Supreme Court has repeatedly asserted that the First Amendment grants universities the freedom “to determine, on academic grounds, who may teach, what to teach and how to teach it.”
In other words, Martin has as much right to dictate Georgetown’s curriculum as the January 6 mob he defended had to overturn the presidential election.
“We look forward,” Treanor concluded, “to your confirming that any Georgetown-affiliated candidates for employment with your office will receive full and fair consideration.”
Treanor couldn’t resist a delicious twist of the knife.
In his letter, Martin pretended — in the text, in his signature and on letterhead — that he was the sitting U.S. Attorney. Trouble is, he isn’t. He hasn’t been confirmed, and it isn’t entirely certain that he will be. Treanor could have ignored that detail, but what fun would that be? Not once, but three times, he made a point of addressing Martin by his correct title: Interim United States Attorney —Peter Slevin
This administration uses phrases like “Stop the Steal” and “the immigrant crisis” to solidify their lies in the popular mind. The media too often swallows this junk whole and uses it to drive their coverage….without pointing out that there was no “steal” and while there may be a problem there is no “crisis”. Now MAGA is using DEI and “woke” that way too, bastardizing the concepts to give their followers an excuse to fear. It’s hard for a small group, or for one person, to speak up honorably when these phrases permeate the culture.
Treanor’s integrity allows him to see through these shams, so he has no trouble brushing the Interim US Attorney off. Slevin’s insight shows us how Treanor’s integrity works. MORE LIKE THIS PLEASE!!!!! There’s a connection between personal integrity, good writing, and the ability to pierce the MAGA veil.
Here is The Atlantic, where actual journalism continues to thrive, fighting back against another MAGA technique.
Rachel Cohen, whose resignation letter to the giant law firm Skadden, Arps, Slate, Meagher, and Flom went viral last week, graduated from law school in 2022. She’s been a barred lawyer for less than three years and had ascended to a height of prestige most young lawyers only dream of. She put all that on the line, and she lost it. More here:
Please read her letter (italics mine, bold hers)
“Jeremy and colleagues,
Many deals I work on have concepts of conditional notice. This is mine. Please consider this email my two week notice, revocable if the firm comes up with a satisfactory response to the current moment, which should include at minimum (i) signing on to the firm amicus brief in support of Perkins Coie in its litigation fighting the Trump administration’s executive order against it, (ii) committing to broad future representation, regardless of whether powerful people view it as adverse to them, (iii) refusal to cooperate with the EEOC’s request for personal information of our colleagues clearly targeted at intimidating non-white employees, (iv) public refusal to fire or otherwise force out employees at the Trump administration’s directive or implied directive and (v)public commitment to maintenance of affinity groups and related initiatives.
This is not what I saw for my career or for my evening, but Paul Weiss’ decision to cave to the Trump administration on DEI, representation and staffing has forced my hand. We do not have time.
It is now or it is never, and if it is never, I will not continue to work here.
When I went to law school and to Skadden, I did so in pursuit of agency. I was driven by a desire to be in rooms where decision-makers were, to get to play a role in things that mattered, because things felt so needlessly terrible. It never occurred to me that the people in those rooms might feel that they were powerless. I am forced to hope that our lack of response to the Trump administration’s attacks on our peers, both those at other large firms and the many people in this country with far fewer resources, is rooted in feelings of fear and powerlessness, as opposed to tacit agreement or desire to maximize profit. I still hope that is true. But it has not yet been borne out.
It feels mortifying to say “I suspect you know who I am,” but I suspect you know who I am. Over the last few weeks, I have devoted an inordinate amount of time trying to leverage various relationships and privileges to get our firm and broader industry to admit that we are in the throes of early-stage authoritarianism and that we are uniquely positioned to halt it. There is an open letter (now signed by over 600 other AmLaw 200 associates, many of them at this firm), mainstream media coverage and an oped explaining why I feel this way.
To anyone who feels sympathetic to the views I’ve espoused but wonders why I have taken the path I have: on Thursday, March 6, after the issuance of the Perkins Executive Order, I sent emails to multiple trusted partners in management asking to help with whatever response we coordinated.
One of them went unanswered. One of them replied, “Thanks, Rachel. Always appreciate your perspective.” One of them replied offering to talk and then failed to reply to my email asking for a time until a week later, significantly after I had begun speaking publicly. Know that I attended internal meetings about this topic, sent emails to decision makers, avoided commenting on the EEOC investigation publicly or airing any internal firm discourse publicly. I did all of these things out of hope that we would do the right thing if given time and opportunity.
The firm has been given time and opportunity to do the right thing. Thus far, we have not. This is a moment that demands urgency. Whether we are failing to meet it because we are unprepared or because we don’t wish to is irrelevant to me—and to the world—where the outcome is the same. If we were going to resist, we would have done so already. If we were not going to respond to the EEOC (a refusal that would be fully legal), the firm would have already told us.
This is the first firmwide email that has been sent on this topic. What. Are. We. Doing.
Colleagues, if you question if it is as bad as you think it is, it is ten times worse. Whether what we measure is the cowardice in face of lost profits, or the proximity to authoritarianism, or the trauma inflicted on our colleagues who are nonwhite, or the disappointment that I feel in this moment, take what you suspect and multiply it by a factor of ten. Act accordingly. I recognize not everyone is positioned as I am, and cannot act the same way. But do not recruit for this firm if they cannot protect their employees. Do not pretend that what is happening is normal or excusable. It isn’t.
To the many superiors, support staff and friends that I know I disappoint by making this announcement firmwide instead of talking to you first, I sincerely apologize. There are so many thank yous that I have for so many people at this firm. Please know that if you suspect that you have helped me or taught me or cared for me, that I agree and am eternally grateful. In the coming days, I will make every effort to reach out to you separately, but there is urgency here that makes it impossible to go to each of you first. I will do everything in my power to mitigate difficulties caused by my unexpected departure.
Like any self-important adolescent, I spent most of my high school history classes wondering what I would do in the moments before true horror or chaos or where my values were tested and demanded great sacrifice. I do not wonder anymore. I know who I am. I thought I knew who we all were.
Thank you for the opportunity. My personal email is cc’d. I wish each of you the best, and that you use the privileges you hold to work for the best for others.” —Rachel Cohen
We must all use the privileges we hold to work for the best for others.
Just reading these examples can help us. Look at the process Ms. Cohen used to work within the firm before she resigned. The depth of her explanation of what the administration is asking of them—to disenfranchise the most vulnerable of their clients!!! Her respect for those she is opposing. And her willingness to walk away from her job.
Plenty of lawyers can’t afford to resign such jobs. Many in all walks of life, especially in elected positions, need to hold their jobs to exercise power on behalf of others. Everyone has different role to play in an immense opposition. But powerful entities that have bent to the right wing, including Skadden, Arps, have brought such shame on themselves as will not be forgotten.
We can read and internalize these texts, short and long, much as many of us have read and memorized the rules of speaking to ICE. And that’s why I’ll end with Boston Mayor Michelle Wu, whose speech to the House Unamerican Activities, I mean Oversight, Committee, told truth that no one else has been willing to speak. I’m going to share excerpts here but please read the whole thing. It outlines the entire American project, wads up the noxious MAGA insistence that immigrants bring crime and disease with them, and tosses it over their heads into the trash. NO ONE ELSE has dared.
Mayor Wu's Full Remarks, linked
Excerpts:
“If you commit a crime in Boston, regardless of your immigration status, you will be held accountable,” —she reassures the committee, but instead of pretending that immigrants themselves are a threat.
“We are a city where justice and democracy are not just preached but practiced, where tyranny has and always will be defeated. We are a city where a group of immigrants fleeing persecution built a home based on the belief that they could make a better life for the people they love.
The fabric of Boston’s long history is made richer and brighter by the stories of those who came to our city in search of a safe place to call home. We are the safest major city in the nation. We are home to the greatest healthcare institutions, the greatest colleges and universities, and the most advanced innovators in the world. We are the cradle of democracy and the city of champions.
We are all these things not in spite of our immigrant communities, but because of them. One in seven signers of the Declaration of Independence were immigrants. On the last four Red Sox rosters to win a World Series, one in five were immigrants. Of all the Boston University faculty to have earned the Nobel Prize, all but one were immigrants.
Today, one in four Boston residents were born outside of the United States. One in three speaks a language other than English at home….All of them chose this country, and chose Boston, as home, because they believed in the American Dream––that no matter where you are from, if you pitch in, look out for your neighbors, and cheer for the home team, you can build a better future here for the people you love.
As Mayor, I will never stop working to make Boston a city where all of our residents have every opportunity to realize that dream. We are the safest major city in America because we are safe for everyone—that will never change.” —Michelle Wu
On this election Tuesday, bask in the words of these brave men and women. There are many more and I will keep pulling them forward. Tomorrow may be the day your workplace gets a threatening letter. It may be the day you’re required to stand up to your boss or your friend. Your own integrity, your own understanding of what’s right, is all you need to make a difference.
With love and solidarity…..
Attorney Rachel Cohen, what a courageous young lawyer, I’m sure she will touch many lives with her wisdom and strength.
Thank you Heidi for bringing these heroes to our attention. We need to follow their lead and call out their names 💙