An Open Letter to Our Students and the Community,
We write to condemn a series of acts by President Trump and other public servants that endorse violence and are inconsistent with a democratic legal order. Their life-and-death impact is divisive and exacerbates political unrest and extreme economic distress, particularly in communities of color. The injustices animating current protests go far beyond the President’s actions. We focus on those actions here because they expose structural racism and our collective responsibility for change.
On May 29, the President responded to protests in Minneapolis with a tweet that pledged federal control to the effect that “when the looting starts, the shooting starts.” The statement promised indiscriminate violence on its own terms. In addition, the phrase, famously uttered by a southern police chief who embraced police brutality during the Civil Rights Era, aligned U.S. military action with violent reprisals against protesters. Finally, as in the Civil Rights Era, the statement pledged violent state action against those who protest race-based injustices.
In his tweet, the President committed to use federal authority in ways that breach fundamental principles of our governance. Those principles include the obligation of the police to act under law and the responsibility of the military to respect the civil order. They encompass the duty by officials to support the civil rights of all Americans, rather than aggravating race discrimination and injury. Given the power of the President’s office, a vow to use federal authority contrary to those ends is not advocacy, but action that undermines our democratic order.
Twelve hours after his initial tweet, President Trump asserted that his earlier message should not be read at face value. The claim, made after the earlier message had been reposted and absorbed, deflects responsibility while normalizing the initial tweet as within the bounds of acceptable reference.
The President’s endorsement of “shooting” under these conditions also incites private violence. By legitimating lawless action by public officials, the President’s tweet invites other individuals to take similarly destructive action. Earlier interventions by the President provide context that heighten the danger. The President has repeatedly invited the use of excessive force by the police and others acting under color of law, most recently on May 30, 2020. He has trivialized if not invited aggression against a variety of opponents, feeding divisions along lines of race, political party, ideology, and national origin. He has signaled on a number of occasions that he condones violent reaction by groups that support him.
The President holds his office on the principle that he use its authority lawfully. We write from many points of view, across political differences, and despite disagreements in legal approach. Out of that diversity, we agree on that basic principle. We believe the actions above fail to meet the minimum standard of responsible behavior by a public official in a democracy.
Facing forward, we recognize our collective responsibility to build a more just world. Public officials are paid by the public to serve the public, including African Americans and historically marginalized and vulnerable communities. Those in positions of public service who stood by silently when George Floyd pleaded for his life from those who took it betrayed that trust. Their actions repeat decades of abuse.
We applaud the courage of those who protest peacefully, and we condemn violence. We credit those in public service — including law enforcement — who act responsibly and creatively to protect the public. And we recognize protest as a challenge that requires our response as lawyers.
As lawyers, we commit to work that addresses the injustices haunting our communities. To our students and those already in public service, we urge you to join us. Those who wield power or the tools of law, when they see an injustice, either help maintain the status quo or change it.
NOTE:
This letter was completed early on June 1st. Since that time, a number of events have occurred, including the President’s call with governors advocating that protestors be “dominated” and jailed for long terms; his charge that journalists foment the protests; the rhetoric of domestic terrorism used by Congressman Gaetz and Senator Cotton; and later-breaking events. These events heighten our concern about the use of excessive force and public violence.
At the request of additional teaching faculty and law librarians, this letter was re-opened for signatures on June 2nd. Both J.D. and non-J.D. librarians are included as signatories.
Signatories:
[one_half]
Intisar A. Rabb
Christine Desan
Kenneth W. Mack
Tomiko Brown-Nagin
Laurence H. Tribe
Ronald S. Sullivan, Jr.
John Coates
Adriaan Lanni
Gerald E. Frug
Carol S. Steiker
Martha Minow
William Alford
Richard J. Lazarus
Daphna Renan
Rachel Viscomi
Wendy B. Jacobs
Mark Tushnet
Robert Harris Mnookin
Dehlia Umunna
Samantha Power
Charles Donahue
Tyler Giannini
Christopher T. Bavitz
Lucie E. White
Sabrineh Ardalan
Anna Lvovsky
Matthew C. Stephenson
Frank I Michelman
Yochai Benkler
Bruce H. Mann
Jon D. Hanson
Gerald L. Neuman
Jeannie Suk Gersen
Laura Weinrib
Jonathan L. Zittrain
Elizabeth Bartholet
Daniel L. Nagin
Rebecca Tushnet
Susan H. Farbstein
Daniel I. Halperin
Lawrence Lessig
Naz K. Modirzadeh
Randall L. Kennedy
William W. Fisher
Alan Jenkins
Martha A. Field
Esme Caramello
Emily M. Broad Leib
T. Keith Fogg
Alan A. Stone
Benjamin Eidelson
Maureen Brady
Nikolas Bowie
Charles R. Nesson
Morton J. Horwitz
Michael Gregory
Benjamin Sachs
Scott Brewer
Reinier Kraakman
Kristen Stilt
Urs Gasser
Lewis Sargentich
Eloise Lawrence
Gabriella Blum
Scott Westfahl
Robert Greenwald
Susannah Barton Tobin
Jennifer Sturiale
Joshua Braver
Blaine G. Saito
Carleen Zubrzycki
Jacob Bronsther
Jocelyn Kennedy
Adam Ziegler
Rachel Gordon
Guha Krishnamurthi
Deanna Barmakian
Thomas Ma
Patricio S. Rossi
Samir Hanna
Susana Arteta
Stephanie E. Goldenhersh
Jennifer Allison
Nongji Zhang
Alicia Solow-Niederman
Salma Waheedi
Nicole Negowetti
Mariko Honshuku
Betsy Gwin
Meredith Shih
Liz A. Solar
Sheryl Dickey
Lia Monahon
Cindy Zapata
Crisanne Hazen
Catherine Mondell
Roger Bertling
Aiza Khan
Aladdine Joroff
Yee Htun
Joel Thompson
Ben Steinberg
Melissa Minaya
Steve Churchill
Thomas Becker
Karen S. Beck
Sarah Wharton
Toby Merrill
Deborah Anker
Amir Ali
Nancy Kelly
Noel Roycroft
Oren Bar-Gill
Jessica Fjeld
Sara del Nido Budish
Andrew Silva
John C. Cratsley
John Willshire Carrera
Rachel Parker
Bettina Neuefeind
Jason Corral
Neil McGaraghan
Lucian Bebchuk
Andrew Mamo
Morgan Michele Franklin
James E. Tierney
Catherine Pattanayak
Lisa Dealy
Jillian Tuck
Rachel Pemstein
Joan E. Ruttenberg
Katherine Anne Meyer
Linda Braden
Audrey Carr Murillo
Amy Rosenberg
Micah Nemiroff
Beatrice Lindstrom
John Salsberg
Lesley Schoenfeld
Shaun Goho
Stephanie Robinson
Kate Barnekow
Sarah Winsberg
Jack Corrigan
Peter Brann
Arevik Avedian
Jennifer L. Burton
Melissa Shapiro
Jill Crockett
Liala Buoniconti
Marianna J. Yang
Rachel Krol
Gary Allen
Katie Garfield
Mason Kortz
Elizabeth Blake
Caroline Walters
Tracy Blanchard
Ben Berwick
Chris Green
Larry Schwartztol
Justin Florence
Michelle Pearse
Deana Kim El-Mallawany
Ed Moloy
Catherine Biondo
Joseph A. Hedal
Daneiris Heredia-Perez