Courts

Federal Judges That Hired The ‘I HATE BLACK PEOPLE’ Law School Student Cleared Of Misconduct

The judges were found to have done their due diligence.

By  
on
Gavel

(Image via Getty)

It’s been a hot minute (two months) since we’ve talked about future federal clerk Crystal Clanton, but there’s an update.

As you may recall, Clanton used to work at conservative student group Turning Point USA. But then in 2017, reports surfaced that she texted co-workers, “I HATE BLACK PEOPLE. Like fuck them all . . . I hate blacks. End of story.” And she was out at Turning Point USA. There were more reports of bigoted comments from Clanton, but she managed to bounce back with a job with Ginni Thomas (Clarence’s wife). She then was admitted to ASSLaw — otherwise known as George Mason University’s Antonin Scalia Law School, for the uninitiated — and will graduate this semester. Her post-graduation plans include some incredibly prestigious clerkships — with Judge Corey Maze of the Northern District of Alabama next year and Eleventh Circuit Judge William Pryor for 2023-24.

Given her rather notorious history, members of Congress demanded an investigation into Clanton’s hiring, saying litigants and attorneys before the judges “are left with the impression that the judiciary is comfortable turning a blind eye to the hiring of an individual with a pattern of making racist and discriminatory remarks in precisely the forum the federal courts—where there is supposed to be justice for the victims of such discrimination.”

And, like I thought back in November, not much has come of the investigation.

The matter was referred to the Judicial Council of the Second Circuit they’ve found no judicial misconduct in the hiring decisions. The orders dismissing the complaints, available below, are anonymized, but given the public details, it isn’t difficult to piece it all together.

In the decision it’s revealed that both judges Pryor and Maze were aware of the media reports and allegations — so yay, they can Google!  However, they reviewed Clanton’s transcript and spoke with references and determined that the allegations are not true:

Sponsored

At the start, both Judges state that they were aware of the allegations contained in media reports before they interviewed the candidate. At the same time, they state that they were also in possession of information that the allegations were false—that the anonymous sources relied on in the media accounts were not trustworthy. Both Judges explain that during the hiring process and since that time, they have spoken with numerous people with knowledge of the candidate and the allegations, and they have been repeatedly informed that the allegations of racist text messages and remarks are not true.

One of these people held a leadership role at the nonprofit organization. That individual stated, based on first-hand knowledge, that the candidate treated everyone with kindness, respect, and fairness while at the organization and that the media accounts are not accurate. The individual explained that the organization had determined that the source of the allegations against the candidate was a group of former employees. One of these employees was fired after the organization learned that this person had created fake text messages to be used against co-workers, to make it appear that those co-workers had engaged in misconduct when they had not.

So, the federal judiciary has better investigative resources than the New Yorker now? And let’s not forget when Turning Point USA was confronted with the messages in 2017, they told the New Yorker, “Turning Point assessed the situation and took decisive action within 72 hours of being made aware of the issue,” and shortly after, Clanton was out at the organization. There was also an intense amount of scrutiny in 2017 and since then, this is the first time there’s a whiff of fabrication. (Though notice the language in the decision falls short of explicitly saying that Judges Pryor and Maze determined the allegations were based on falsified documents.) Additionally, there does not appear to be much inquiry into the racially charged Snapchats Clanton was accused of making.

Perhaps what the judges feel comfortable saying is “not true” are the allegations Clanton is a racist. That whatever happened while she was at Turning Point USA, the most important thing is that she treats folks with respect now. Maybe they truly believe Clanton has done the soul searching needed to overcome even unconscious biases.

Regardless, the Judicial Council of the Second Circuit found Judges Pryor and Maze did their due diligence and they would be shocked! to learned anyone who worked for them was racist:

Based on their reported due diligence, both Judges determined that 1) the allegations of racist behavior by the candidate were untrue and 2) the candidate was highly qualified to serve as a law clerk in their chambers. Both Judges have affirmed, in substance, that they “abhor invidious discrimination” and “do not tolerate racism” in their workplaces. As one put it, “I take my role as a mentor seriously, so I take my hiring decisions seriously. I would never knowingly harbor a racist or a bigot.”

Sponsored

The decision goes on to note that the Judicial Conduct Act is not meant to second-guess hiring decisions and there is insufficient evidence of misconduct. So Clanton will continue on the prestigious legal path that federal clerkships opens up.

Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

Topics

, , , , , ,