Case Study
The Nomination of Kristen Clarke
SUMMARY
Kristen Clarke was the first black woman to be nominated to the position of Assistant Attorney General. Clarke’s nomination was announced the day after the Capitol Riot, and she used the events of that day to stress the importance of the incoming administration’s work: “We are at a crossroads. If I am fortunate enough to be confirmed, we will turn the page on hate and close the door on discrimination by enforcing our federal civil rights laws.”
Clarke’s nomination came after a career in civil rights advocacy. A former federal prosecutor, Clarke was described as a prominent civil and voting rights advocate by the mainstream and progressive press following her nomination. Coverage of her nomination noted that the incoming Biden Administration was looking to uphold commitments to racial justice made on the campaign trail in 2020.
Clarke quickly became a target for the conservative press. Tucker Carlson did a series of high-profile segments on Clarke where he accused her of being a black supremacist, an ally to antisemites, and a supporter of a man accused of killing a police officer. In one of these segments, Carlson brought on a guest who said Clarke “hates white people.” Fox News attacked Clarke for supporting the ‘defund the police’ movement and painted Clarke as an enemy of law and order. Right-wing opposition research firm American Accountability Fund heightened these attacks, calling Clarke a friend of “cop killers” and distorting her words to accuse her of maligning single mothers. Prominent senators such as Mike Lee, Ted Cruz, Chuck Grassley, John Cornyn, and Tom Cotton repeated the claims originated by Tucker, A.A.F, and Fox—grilling Clarke on her supposed ties to antisemites and ‘cop killers’ and her thoughts on the ‘defund the police’ movement.
While Clarke was successfully confirmed, the right-wing smear campaign against Clarke succeeded in slowing down her confirmation. Compared to other Biden DOJ nominees through his first year in office, it took Clarke nearly twice as long to get a hearing, and her total nomination process was roughly 30% longer than average.
Nomination Timeline
In January 2021, Kristen Clarke Was announced as the nominee for Assistant Attorney General by President Biden. Clarke’s nomination stretched over five months—nearly double the amount of time that a Biden nominee for the department of justice would take to be confirmed during his administration’s first year.
Initial Media Reaction to Clarke
At The Time Of Clarke’s Nominations Mainstream And Progressive Outlets Highlighted Clark’s Background In Civil And Voting Rights And Advocacy For Criminal Justice Reform
ABC News: Clarke Said She Would “Turn The Page On Hate And Close The Door On Discrimination” If Confirmed As Assistant Attorney General For Civil Rights. “Just a day after the attack on the U.S. Capitol, at the formal announcement of her nomination to assistant attorney general for civil rights, Kristen Clarke made it clear where she stands on hate and discrimination. ‘We are at a crossroads,’ she told a small audience of reporters in Wilmington, Delaware. ‘If I am fortunate enough to be confirmed, we will turn the page on hate and close the door on discrimination by enforcing our federal civil rights laws.’ If confirmed, Clarke — through the Civil Rights Division of the Department of Justice — will be at the center of issues like the rise of white nationalism, voting rights, immigrant rights, criminal justice reform and so much more. [ABC News, 1/26/21]
Associated Press: Clarke’s Nomination And Background As A Civil Rights Advocate Signaled That Biden Is Taking Steps To Blunt Criticism He Is Insufficiently Progressive. “Though Garland is a white man, the selection of Gupta and Clarke, two women with significant experience in civil rights, appeared designed to blunt any concerns about his selection and served as a signal that progressive causes would be prioritized in the new administration.” [Associated Press, 1/07/21]
Reuters: Clarke Previously Served As A Federal Prosecutor In The Justice Department’s Civil Rights Division. “Kristen Clarke serves as the president and executive director of the Lawyers’ Committee for Civil Rights Under Law. She previously served as a federal prosecutor in the department’s Civil Rights Division and also worked for the NAACP Legal Defense and Educational Fund Inc where she focused on voting rights cases.” [Reuters, 1/06/21]
The Hill: “Clarke Is The President And Executive Director Of The Lawyers’ Committee For Civil Rights Under Law And Served As Head Of The Civil Rights Bureau Of The New York State Attorney General’s Office.” [The Hill, 1/07/21]
CNBC: Clarke Said She Would Seek To Enforce Civil Rights Laws And Fight Discrimination If Confirmed. “Kristen Clarke, the nominee to lead the DOJ’s civil rights division, rounded out the speeches. In a former role as a Justice Department career attorney, Clarke handled cases of police misconduct, hate crimes and human trafficking. Clarke said the nation is at a “crossroads” and, if confirmed, she would seek to “close the door” on discrimination by enforcing civil rights laws.” [CNBC, 1/07/21]
The Grio Headline: “Meet Kristen Clarke, Biden’s Historic Appointee To Champion Civil Rights At The DOJ” [The Grio, 1/27/21]
- The Grio: Clarke “Would Be The First Black Woman In History” To Serve As Assistant Attorney General For The Civil Rights Division At The Department Of Justice If Confirmed. “Clarke, a longtime champion of civil rights, is President Joe Biden‘s pick to serve as Assistant Attorney General for the Civil Rights Division at the Department of Justice and, if confirmed, would be the first Black woman in history to serve in the role. Lani Guinier was the first Black woman to be nominated to the post by former President Bill Clinton in 1993. However, Clinton withdrew the nomination following a campaign against Guinier fueled by conservatives who painted her as radical. […] Clarke presently serves as president & executive director of the National Lawyers’ Committee for Civil Rights Under Law and has also spent several years at the NAACP Legal Defense and Educational Fund, Inc. She also worked as a federal prosecutor, where she handled police misconduct, police brutality, hate crimes, and human trafficking cases.” [The Grio, 1/27/21]
Ms. Magazine Headline: “Kristen Clarke Makes History As First Woman *And* First Black Woman To Lead DOJ Civil Rights Division.” “This would be Clarke’s second time serving in the DOJ’s Civil Rights Division, where she began her career prosecuting hate crimes, human trafficking and police misconduct, in addition to protecting Americans’ voting rights. Clarke also worked at the state level, in the New York State attorney general’s Civil Rights Bureau, to fight housing discrimination and high levels of incarceration. She worked for the NAACP Legal Defense and Educational Fund prior to assuming her current position as president and executive editor of the National Lawyers’ Committee for Civil Rights Under Law.” [Ms. Magazine, 1/11/21]
Fulcrum: Clarke Is “A Prominent Voting And Civil Rights Advocate.” “Kristen Clarke, a prominent voting and civil rights advocate, was nominated Thursday to serve as President-elect Joe Biden’s assistant attorney general for civil rights. If confirmed by the Senate, Clarke will lead the Justice Department’s Civil Rights Division, helping to enforce civil rights laws and ensure equal justice for all Americans. She currently serves as president and executive director of the Lawyers’ Committee for Civil Rights Under Law, a national nonprofit that played a critical role during the 2020 elections. The Lawyers’ Committee helped voters navigate changes brought on by the coronavirus pandemic, understand voting procedures and safeguard against voter intimidation. The organization’s Election Protection hotline, available in 11 languages, fielded a record-high 229,000 calls by Nov. 3.” [Fulcrum, 1/07/21]
Right-Wing Attacks on Clark
Tucker Carlson Attacked Clarke For A Piece In Opposition To The Bell Curve Book Claiming That “Melanin Endows Blacks With Greater Mental, Physical and Spiritual Abilities”
Tucker Carlson Cited Previous Writing By Clarke Claiming “Melanin Endows Blacks With Greater Mental, Physical And Spiritual Abilities.” “Joe Biden‘s pick to run the Justice Department‘s enormously powerful Civil Rights Division is a woman called Kristen Clarke. Clarke says her job is simple: End hate. But like so many in her world, Clarke is actually an enthusiastic purveyor of what she claims to fight. A new investigation by ‘Tucker Carlson Tonight’ has uncovered shocking statements that Clarke made while attending Harvard as an undergraduate. In 1994, Clarke wrote a letter to The Harvard Crimson in her capacity as the president of the Black Students Association to explain her views on race science. … Melanin endows Blacks with greater mental, physical and spiritual abilities — something which cannot be measured based on Eurocentric standards.” [Fox News, 1/11/21]
- Clarke Has Stated That This Writing Was Aimed At Rebutting “The Bell Curve.” “The Forwardreported Clarke saying that The Bell Curve ‘was generating wide acclaim for its racist views,’ so she introduced her article ‘with an absurd claim that Black people are superior based on the melanin in their skin’ in order to ‘hold up a mirror to reflect how reprehensible the premise of Black inferiority was set.’ ‘It was meant to express an equally absurd point of view—fighting one ridiculous absurd racist theory with another ridiculous absurd theory,’ Clarke told The Forward.” [Newsweek, 1/14/21]
Carlson Attacked Clarke For Inviting An Anti-Semitic Speaker To An Event As A Student
Tucker Carlson Pointed To An Event Hosted By Clarke While She Was A Student Where She Invited An Anti-Semitic Speaker. “Just a month later, Clarke invited the noted Trinidadian anti-Semite Tony Martin to speak on campus. Martin, then a professor at Wellesley College, was the author of a self-published manifesto called “The Jewish Onslaught.” In it, Martin chronicled the “escalating Jewish onslaught” against Black people.” [Fox News, 1/11/21]
Carlson Said Clarke Previously Called A Man Convicted Of Killing A Police Officer A “Political Prisoner”
Tucker Carlson Falsely Claimed Clarke Called A Man Convicted Of Killing A Police Officer A “Political Prisoner,” Worked To Free That Man, And Had A Guest On Who Says Clarke “Hates White People.” “Last Thursday evening, Tucker Carlson Tonight devoted another segment — at least its fifth since January — to the civil rights attorney Kristen Clarke, […] Clarke, said Carlson, had “worked very hard to get Abu-Jamal free. Clarke even referred to him as a ‘political prisoner.’” Faulkner went for it. “She hates white people, that’s my honest to god true feeling. And she wants to defund the police. She’s a vile woman. And she’s dangerous.’ […] None of this is true.” [Intelligencer, 3/21/21]
Fox News Claimed That Clarke Supports Defunding The Police
Fox News: Kristen Clarke Supports Defunding The Police, According To A Newsweek Op-Ed She Wrote. “President-elect Joe Biden is expected to pick Kristen Clarke, a civil rights lawyer, as Assistant Attorney General for the Civil Rights Division of the Department of Justice, which is expected to be a prioritized role in the Biden administration. Clarke, the current President of the Lawyers’ Committee for Civil Rights Under Law and a former prosecutor with the Department of Justice, has been critical of police brutality and a proponent of Black Lives Matter. But while Clarke has supported calls to defund the police, she also called for a strategic approach to the movement.” [Fox News, 1/06/21]
American Accountability Foundation Launched Numerous Smears Against Clarke, Including A Claim That She Hosted A Conference That Celebrated “Cop Killers”
Fox News: An American Accountability Foundation Report Claims That Clarke Organized A Conference That Championed “Cop Killers.” “New findings obtained by Fox News revealed that President Biden’s nominee to lead the Department of Justice’s (DOJ) Civil Rights Division organized a conference that was used as a tool by radical anti-government activists to champion cop-killers and free violent criminals. According to a previously unseen university transcript obtained by the American Accountability Foundation and given to Fox News, Kristen Clarke was a critical leader and organizer of the controversial Race-ing Justice Conference while she was a student a Columbia Law School in April 1999” [Fox News, 4/09/21]
American Accountability Foundation Claimed The FBI “Failed To Properly Vet Clarke” Because They Did Not Contact Clarke’s Ex-Husband About Previous Domestic Violence Calls. “Research: In its own independent investigation of Clarke, AAF learned that police reported to Clarke’s Maryland home on six occasions for domestic violence calls. To gain further clarity into the matter, AAF contacted Clarke’s ex-husband, Reginald Avery. As part of ensuring conversations, Avery stated that he had never once been interviewed by the FBI. This fact was confirmed to AAF by Congressional staff.” [Bidennoms.com, Accessed 5/09/22]
American Accountability Foundation: Clarke Shared Articles Comparing The Police To The KKK.
[Twitter, 4/21/21]
American Accountability Foundation: Clarke’s Criticism Of #BlueLivesMatter Means She Thinks Supporting The Police Is “Polarizing And Unacceptable.”
[Bidennoms.com, Accessed 5/09/22]
American Accountability Foundation: Clarke Compared An NYPD Officer Running Over Protestors To The Neo-Nazi In Charlottesville Who Fatally Ran Over A Protestor In 2017.
[Bidennoms.com, Accessed 5/09/22]
American Accountability Foundation: Clarke Believes “Black Single Mothers Raise Criminals.” HEADLINE: “Kristen Clarke: Black Single Mothers Raise Criminals” [Bidennoms.com, 3/03/21]
American Accountability Foundation: “Clarke Works With Anti-Semites To Defend Cop-Killer.” HEADLINE: “Kristen Clarke Works with Anti-Semite to Defend Cop-Killer” [Bidennoms.com, 3/05/21]
Washington Examiner Leveled Attacks Against Clarke Over Her Opposition To A DNA Testing Program For Felons And For Defending “Radical Black Activists”
Washington Examiner: Clarke Tried To Prevent Alabama From Implementing A DNA Testing Program For Felons. “At the DOJ, she tried to keep Alabama from implementing a DNA testing program for felons, even though the state began the program through a direct grant from the Justice Department itself, pursuant to federal legislation. She worked to keep department prosecutors from serving as election observers.” [Washington Examiner, 1/26/21]
Washington Examiner: Clarke Defended A Man Who “Ran A Black Political Machine” And Was Found To Have Violated The Voting Rights Act. “And while with the Legal Defense Fund, she blasted the department for pressing a case against a man named Ike Brown, who ran a black political machine in Mississippi’s Noxubee County that was notorious for its hardball tactics and racial animus toward white people. Even after Brown was caught and found liable in U.S. District Court for multitudinous, fraudulent voting-related practices that were flagrant violations of the Voting Rights Act, Clarke argued that the case should never have been filed.” [Washington Examiner, 1/26/21]
Washington Examiner: Clarke Urged The Obama Justice Department To Drop Charges Against Members Of The New Black Panther Party Who Harassed Voters At A Polling Place. “But Clarke’s most egregious lack of judgment came when she reportedly pressured the newly installed Obama Justice Department political team to drop the already-won case against two members of the New Black Panther Party who menaced voters at a Philadelphia polling place with police-style baton weapons while hurling racial epithets. It was an infamous, nationally controversial decision. In interviews and letters with the Washington Times, Clarke and her team at the Legal Defense Fund variously made a distinction between ‘talking about’ the case with DOJ lawyers and weighing in on the case but then denied that any such ‘communications’ took place.” [Washington Examiner, 1/26/21]
Tucker Carlson’s Daily Caller Website Attacked Clarke For Believing The False Accusations Made By Actor Jussie Smollett Against Police Officers
The Daily Caller: Clarke “Fell For The False Claims Made By Actor Jussie Smollett That He Was The Victim Of An Anti-Black And Anti-Gay Hate Crime In 2019.” “Kristen Clarke, the nominee to lead the Justice Department’s civil rights division, fell for the false claims made by actor Jussie Smollett that he was the victim of an anti-black and anti-gay hate crime in 2019. Clarke also accused the Chicago police department of “demonizing survivors” after investigators requested access to Smollett’s cell phone.” [Daily Caller, 3/09/21]
Right-Wing Funding
Center For Media And Democracy: Koch Groups Have The Daily Caller News Foundation Over $3.3 Million Between 2015 And 2018. “The Koch Foundation And The Charles Koch Institute Combined To Give Over $3.3 Million To The Daily Caller News Foundation From 2015-18, Representing 37 Percent Of The Group’s Contribution Revenue During That Time Period.” [Center for Media and Democracy, 1/27/20]
Center For Media And Democracy: The Daily Caller Received $3 Million From Right-Wing Donor Foster Freiss When It Was Founded. “The Daily Caller News Foundation (DCNF) funds much of the content of the Daily Caller website, a site that has several ties to white nationalists and was co-founded by now-Fox News host Tucker Carlson with $3 million from right-wing donor Foster Freiss. As of 2018, Carlson was secretary of the DCNF board of directors.” [Center for Media and Democracy, 1/27/20]
The Washington Examiner Is Owned By A Subsidiary Of Clarity Media Group, Which Is By Right-Wing Billionaire Phillip Anschutz. “The Washington Examiner is a free daily newspaper published in Springfield, Virginia, and distributed in the Washington, D.C. metropolitan area. It is owned by Denver billionaire Philip Anschutz. When Anschutz started the Examiner in its current format, he envisioned creating a conservative competitor to The Washington Post. The Washington Examiner is owned by MediaDC, a subsidiary of Clarity Media Group, which is owned by Philip Anschutz. With The Examiner, Anschutz wanted to create a competitor to The Washington Post with a conservative editorial page. According to Politico, “When it came to the editorial page, Anschutz’s instructions were explicit—he ‘wanted nothing but conservative columns and conservative op-ed writers,’ said one former employee.” [Allsides, Accessed 5/11/22]
Politico: Anschutz Pushed The Washington Examiner’s Editorial Page To Be Entirely Conservative Writers. “He started the Examiner in early 2006 as local competition to The Washington Post, but with a clear ideological stamp. When it came to the editorial page, Anschutz’s instructions were explicit — he ‘wanted nothing but conservative columns and conservative op-ed writers,’ said one former employee.” [Politico, 10/16/09]
The American Accountability Foundation’s IRS Form 1023 Lists The Conservative Partnership Institute As Its “Care Of Name” And The Two Organizations Share An Address
The American Accountability Foundation’s IRS Form 1023 Lists The Conservative Partnership Institute As Its “Care Of Name.”
[American Accountability Foundation IRS Form 1023, 1/25/21, Page 1]
American Accountability Foundation And Conservative Partnership Institute Share An Address
[Conservative Partnership Institute IRS Form 2019 990, Page 1]
The Conservative Partnership Institute Was Founded By Former Senator And Heritage Foundation Head Jim DeMint, Who Previously Employed Leading American Accountability Foundation Staff In His Senate Office
Former Senator And Heritage Foundation Head Jim DeMint (R – SC) Founded The Conservative Partnership Institute In 2017. “Former Sen. Jim DeMint will serve as chairman of the new Conservative Partnership Institute to fortify the presence of conservatives in Washington, he said in a news release Tuesday, adding that he thinks the status quo is hindering the development of conservative lawmakers and staffers. […] Previously, DeMint served at the helm of the Heritage Foundation, a venerable conservative think tank that at times has had a turbulent relationship with the rise of Donald Trump.” [Politico, 7/25/17]
- The Conservative Partnership Institute Was Created To Place Right-Wing Lawmakers Into Powerful Positions In The White House And Congress. “The backdrop: DeMint founded CPI because he felt the conservative movement did a lousy job at helping members of Congress be effective legislators once they get to D.C. His team has since focused on placing conservatives in prime spots in the Trump administration and Capitol Hill, and has trained staff on strategy and congressional rules and procedure.” [Axios, 1/27/21]
Both Of American Accountability Foundation’s Founders, Tom Jones And Matt Buckham, Worked For Jim DeMint. “AAF is led by Tom Jones and Matt Buckham. […] While on Capitol Hill he served as the Legislative Director for Senator Ron Johnson, ran the opposition research program for Cruz for President, and previously as a Senior Policy Advisor to Senator Jim DeMint. […] Previously, he served as a legislative aide to former Senator Jim DeMint (R-SC), Senior Advisor to the House Freedom Caucus, and in various positions with conservative non-profit organizations.” [American Accountability Foundation, Accessed 3/17/22]
Leading Members Of The American Accountability Foundation Currently Work At The Conservative Partnership Institute And Even More Are Former Employees
Ed Corrigan, The Treasurer-Director Of The American Accountability Foundation, Is The President CEO OF The Conservative Partnership Institute. [CPI.org, Accessed 3/17/21]
- Corrigan Is The Treasurer-Director Of The American Accountability Foundation
[American Accountability Foundation IRS Form 1023, 1/25/21, Page 1]
Wesley Denton, The Secretary-Director Of The American Accountability Foundation, Is The COO Of The Conservative Partnership Institute. [CPI.org, Accessed 3/17/21]
- Wesley Denton Is American Accountability Foundation’s Secretary-Director
[American Accountability Foundation IRS Form 1023, 1/25/21, Page 1]
American Accountability Foundation Founder Matt Buckham Worked For The Conservative Partnership Institute At Its Inception. “DeMint has hired several former Heritage staffers for his new outfit, including Wesley Denton, Matt Buckham, Rachel Bovard, and Megan Tubb.” [Think Tank Watch, 10/27/17]
- Buckham Is One Of American Accountability Foundation’s Two Founders. “AAF is led by Tom Jones and Matt Buckham. […] While on Capitol Hill he served as the Legislative Director for Senator Ron Johnson, ran the opposition research program for Cruz for President, and previously as a Senior Policy Advisor to Senator Jim DeMint. […] Previously, he served as a legislative aide to former Senator Jim DeMint (R-SC), Senior Advisor to the House Freedom Caucus, and in various positions with conservative non-profit organizations.” [American Accountability Foundation, Accessed 3/17/22]
The Conservative Partnership Institute Was Heavily Financed By Trump’s Own PAC
Shortly After Congress Launched The Committee To Investigate The Capitol Riot, Trump’s PAC Donated $1 Million To The Conservative Partnership Institute. “Former President Donald Trump’s political action committee donated $1 million to the conservative nonprofit organization where his former chief of staff, Mark Meadows, is a senior partner, according to a campaign finance report filed with the Federal Election Commission Monday night. […] The tax-deductible seven-figure contribution to the Conservative Partnership Institute is by far the largest chunk of $1.35 million in donations Trump’s “Save America” PAC made to political allies over the last six months of 2021, according to the campaign finance report. […] On July 1, the House voted to establish a select committee to investigate the Capitol attack.” [CNBC, 2/01/22]
Trump’s Former Chief Of Staff, Mark Meadows, Joined The Conservative Partnership Institute While He Was Advising Trump On His Impeachment Trial Following The Incitement Of Insurrection At The Capitol. “Former White House chief of staff Mark Meadows is joining the Conservative Partnership Institute, a group run by former South Carolina Sen. Jim DeMint that operates as a “networking hub” for conservatives, sources familiar with his plans tell Axios. Between the lines: Meadows, who is still in frequent contact with former President Trump and has been advising him ahead of his impeachment trial, will now operate behind the scenes to help create more members like Jim Jordan, Ted Cruz, and Josh Hawley — conservative firebrands with strong networks and staffs.” [Axios, 1/27/21]
- Meadows Is A Senior Partner At The Conservative Partnership Institute. “Former President Donald Trump’s political action committee donated $1 million to the conservative nonprofit organization where his former chief of staff, Mark Meadows, is a senior partner, according to a campaign finance report filed with the Federal Election Commission Monday night.” [CNBC, 2/01/22]
Trump’s PAC Donation To The Institute Came After Congress Recommended The Justice Department Charge Meadows Over His Refusal To Cooperate With Investigations Regarding The Capitol Riot. “In December, the House voted to recommend that the Justice Department pursue contempt of Congress charges against Meadows over his refusal to cooperate with an investigation into the Trump-inspired Jan. 6 attack on the U.S. Capitol.” [CNBC, 2/01/22]
Attacks Against Clarke During Hearing
Tucker Carlson’s Smear Based On Clarke’s College Writing Was Parroted By Sens. Mike Lee And John Cornyn
Tucker Carlson Cited Previous Writing By Clarke Claiming “Melanin Endows Blacks With Greater Mental, Physical And Spiritual Abilities.” “Joe Biden‘s pick to run the Justice Department‘s enormously powerful Civil Rights Division is a woman called Kristen Clarke. Clarke says her job is simple: End hate. But like so many in her world, Clarke is actually an enthusiastic purveyor of what she claims to fight. A new investigation by ‘Tucker Carlson Tonight’ has uncovered shocking statements that Clarke made while attending Harvard as an undergraduate. In 1994, Clarke wrote a letter to The Harvard Crimson in her capacity as the president of the Black Students Association to explain her views on race science. … Melanin endows Blacks with greater mental, physical and spiritual abilities — something which cannot be measured based on Eurocentric standards.” [Fox News, 1/11/21]
- Clarke Has Stated That This Writing Was Aimed At Rebutting “The Bell Curve.” “The Forwardreported Clarke saying that The Bell Curve ‘was generating wide acclaim for its racist views,’ so she introduced her article ‘with an absurd claim that Black people are superior based on the melanin in their skin’ in order to ‘hold up a mirror to reflect how reprehensible the premise of Black inferiority was set.’ ‘It was meant to express an equally absurd point of view—fighting one ridiculous absurd racist theory with another ridiculous absurd theory,’ Clarke told The Forward.” [Newsweek, 1/14/21]
During Attorney General Merrick Garland’s Nomination Hearing, Sen. Mike Lee (R – UT) Asked Garland About Clarke’s Remarks About Race “During Attorney General Merrick Garland’s hearing last month, Utah Senator Mike Lee asked the nominee, ‘Would an individual’s past statements … as an adult, declaring that one racial group is superior to another, would statements like that be relevant to an evaluation of whether such a person should be put in charge of running the Department of Justice’s civil rights division?’ Lee wanted to know, part of a series of misleading rapid fire questions. ‘What about anti-Semitic comments. Would those be relevant?’” [Intelligencer, 3/21/21]
At Clarke’s Congressional Hearing, Sen. John Cornyn (R – TX) Grilled Clarke About The Harvard Crimson Letter, Asking If She Believed Clarke Thought African Americans Were Superior To Caucasians. “The most glaring example came from Texas Sen. John Cornyn, who took a clearly satirical article Clarke wrote in college to question whether she was a reverse racist. “Maybe there’s a misprint, I’m sure you can clear it up for me, dating back to your days in school when you seemed to argue that African Americans were genetically superior to Caucasians. Is that correct?” Cornyn asked. Clarke said it was “a satirical reference” aimed at mocking “The Bell Curve,” a best-selling racially charged book that had been written by a Harvard professor while she was on campus a quarter-century ago.” [Vice, 4/14/21]
- Cornyn Responded To Criticism Of His Questioning Of Clarke, Implying That Brett Kavanaugh Was Judged More Harshly Than Clarke For Past Behavior.
[Twitter, 4/14/21]
Claims That Clarke Celebrated The Murders Of Police Were Parroted By Sen. Ted Cruz
Tucker Carlson Falsely Claimed Clarke Called A Man Convicted Of Killing A Police Officer A “Political Prisoner,” Worked To Free That Man, And Had A Guest On Who Says Clarke “Hates White People.” “Last Thursday evening, Tucker Carlson Tonight devoted another segment — at least its fifth since January — to the civil rights attorney Kristen Clarke, […] Clarke, said Carlson, had “worked very hard to get Abu-Jamal free. Clarke even referred to him as a ‘political prisoner.’” Faulkner went for it. “She hates white people, that’s my honest to god true feeling. And she wants to defund the police. She’s a vile woman. And she’s dangerous.’ […] None of this is true.” [Intelligencer, 3/21/21]
Fox News: An American Accountability Foundation Report Claims That Clarke Organized A Conference That Championed “Cop Killers.” “New findings obtained by Fox News revealed that President Biden’s nominee to lead the Department of Justice’s (DOJ) Civil Rights Division organized a conference that was used as a tool by radical anti-government activists to champion cop-killers and free violent criminals. According to a previously unseen university transcript obtained by the American Accountability Foundation and given to Fox News, Kristen Clarke was a critical leader and organizer of the controversial Race-ing Justice Conference while she was a student a Columbia Law School in April 1999” [Fox News, 4/09/21]
At Clarke’s Confirmation Hearing, Sen. Ted Cruz (R – TX) Accused Clarke Of “Celebrating Murderers Who Have Murdered Police Officers.” “‘Your advocacy and frankly extreme position on defunding the police is paired with a history of not only excusing but celebrating murderers who have murdered police officers. It’s been reported that during law school, you helped organize a conference with speakers who referred to convicted cop killers as political prisoners,’ Cruz told Clarke.” [Vice, 4/14/21]
Claims That Clarke Supports Defunding The Police Were Parroted By Republican Senators Ted Cruz, Chuck Grassley, And Mike Lee
Fox News: Krisen Clarke “Has Supported Calls To Defund The Police.” “President-elect Joe Biden is expected to pick Kristen Clarke, a civil rights lawyer, as Assistant Attorney General for the Civil Rights Division of the Department of Justice, which is expected to be a prioritized role in the Biden administration. Clarke, the current President of the Lawyers’ Committee for Civil Rights Under Law and a former prosecutor with the Department of Justice, has been critical of police brutality and a proponent of Black Lives Matter. But while Clarke has supported calls to defund the police, she also called for a strategic approach to the movement.” [Fox News, 1/06/21]
At Clarke’s Confirmation Hearing, Sen. Ted Cruz (R – TX) Accused Clarke Of Wanting To Defund The Police. “‘Your advocacy and frankly extreme position on defunding the police is paired with a history of not only excusing but celebrating murderers who have murdered police officers. It’s been reported that during law school, you helped organize a conference with speakers who referred to convicted cop killers as political prisoners,’ Cruz told Clarke.” [Vice, 4/14/21]
At Clarke’s Confirmation Hearing, Sen. Chuck Grassley (R – NE) Asked Clarke About The Allegation She Wanted To Defund The Police. “’I’m sure that we’ll hear the usual refrain today that nominees don’t really mean it when they say ‘Defund the police.’ But the fact is, it was said,” Grassley said at the beginning of the hearing. The actual op-ed is more nuanced than the headline, which Clarke disavowed as “a poor title chosen by the editor.” But cutting funds to police departments is a controversial topic that doesn’t need to be distorted for actual questions..” [Vice, 4/14/21]
At Clarke’s Congressional Hearing, Sen. Mike Lee (R – UT) Asked Clarke About The Allegation She Wanted To Defund The Police. “Clarke’s talking-point defense on that op-ed was that she didn’t have ‘the power of the purse’ to increase resources for everyone when she wrote the piece so was advocating for taking police resources for other uses. ‘I don’t support taking away resources from police and putting communities in harm’s way,’ she said, seemingly reversing her earlier position as she repeatedly said she supported Biden’s push to increase funding to police departments. But Utah GOP Sen. Mike Lee pushed Clarke hard on that piece, pointing out that at multiple points in the op-ed, she’d written, ‘We must invest less in police.’” [Vice, 4/14/21]
Senator Tom Cotton Attacked Clarke For Her Criticism Of A Grand Jury Decision Not To Charge The Officer Responsible For The Death Of Michael Brown
Sen. Tom Cotton (R – AK) Attacked Clarke For Her Criticism Of A Grand Jury Decision To Not Charge Ferguson Police Officer Darren Wilson With The Killing Of Michael Brown. “Arkansas GOP Sen. Tom Cotton took a different approach, asking Clarke pointed questions about her comments criticizing the grand jury decision not to charge Ferguson police officer Darren Wilson in the killing of Michael Brown and her initial claim that Jacob Blake was unarmed when he was shot by a white police officer in Kenosha, Wisconsin last year (Blake had a knife but no gun).” [Vice, 4/14/21]
Senator Tom Cotton Attacked Clarke For Claiming Jacob Blake Was Unarmed When He Was Shot By A Police Officer When He Was In Possession Of A Knife
Sen. Tom Cotton (R – AK) Attacked Clarke For Her Statement That Jacob Blake Was Unarmed When He Was Shot By A White Police Officer, Despite The Fact He Was Carrying A Knife. “Arkansas GOP Sen. Tom Cotton took a different approach, asking Clarke pointed questions about her comments criticizing the grand jury decision not to charge Ferguson police officer Darren Wilson in the killing of Michael Brown and her initial claim that Jacob Blake was unarmed when he was shot by a white police officer in Kenosha, Wisconsin last year (Blake had a knife but no gun).” [Vice, 4/14/21]