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COMMENTARY: Accountability — An Insurrectionist Removed from Office

In our system of government, there are many people with roles to play in defending our democracy. Congress can use its oversight power to reveal the corruption within the White House. The Justice Department can prosecute criminals like those who attacked the Capitol Police — and those who broke other laws as they tried desperately to keep the defeated Trump in power. Judges can hold public officials accountable for violating the Constitution.

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Ben Jealous serves as president of People For the American Way and Professor of the Practice at the University of Pennsylvania.
Ben Jealous serves as president of People For the American Way and Professor of the Practice at the University of Pennsylvania. A New York Times best-selling author, his next book “Never Forget Our People Were Always Free” will be published by Harper Collins in December 2022.

By Ben Jealous

A New Mexico judge has done the country a big favor. Judge Francis Mathew upheld a little-known provision of the U.S. Constitution and removed a public official for participating in the Jan. 6, 2021, insurrection. I hope other judges have the courage to follow his lead.

The principle that no person is above the law — that powerful people have to obey the laws like everyone else — is essential to a democratic society. If this principle is not enforced, corrupt leaders will undermine the rule of law and democracy itself.

Judge Mathew ruled that a county commissioner who participated in the attack on the U.S. Capitol can no longer hold public office. The ruling was based on a section of the 14th Amendment to the Constitution, which was passed after the Civil War. It forbids anyone from holding public office if they had taken an oath to support the Constitution of the United States and then “engaged in insurrection or rebellion” against the country.

The judge found that Otero County Commissioner Couy Griffin helped lead the mob that used violence to try to prevent Congress from affirming Joe Biden’s win in the presidential election. Griffin later bragged about his role and suggested that there might be another insurrection coming.

Judge Mathew’s ruling is a milestone in the effort to hold public officials accountable for trying to overturn the 2020 presidential election. It should provide a road map — and some moral courage — to other judges considering legal efforts to hold state legislators and others accountable for trying to undermine democracy.

Another important effort to hold powerful people accountable for the insurrection is being conducted by the House Select Committee that is investigating the insurrection and the schemes that led up to it.

The committee’s public hearings this summer gave the American people a powerful dose of truth-telling about the lies and deceptions of President Trump, members of his legal team, and his political allies. The committee’s investigation is continuing, and we can look forward to more public hearings this fall.

Members and staff of the committee have spent countless hours digging through emails and other public records; interviewing former Trump administration officials and lawyers; members of Congress, and far-right activists who promoted Trump’s lies about election fraud. They are still at it. Among the people they hope to interview this fall are former Vice President Mike Pence, former House Speaker Newt Gingrich, and far-right activist Ginni Thomas — wife of Supreme Court Justice Clarence Thomas.

Truth is a first step toward accountability. But it cannot be the only step.

The committee’s efforts to get a full picture of the illegal scheming to overturn the election is essential. So is punishing wrongdoers and preventing future attempts to subvert our elections.

There are plenty of wrongdoers who need to be held accountable, punished, and prevented from using powerful government positions to undermine democracy and the rule of law. And that includes former President Trump, whose lies about a “stolen” election fueled the insurrectionists’ anger.

In our system of government, there are many people with roles to play in defending our democracy. Congress can use its oversight power to reveal the corruption within the White House. The Justice Department can prosecute criminals like those who attacked the Capitol Police — and those who broke other laws as they tried desperately to keep the defeated Trump in power. Judges can hold public officials accountable for violating the Constitution.

And we the voters can defend democracy by electing local, state, and national officials who are committed to the democratic process — and rejecting those who seek power for the purpose of interfering with our elections and our ability to hold powerful people accountable.

Ben Jealous serves as president of People For the American Way and Professor of the Practice at the University of Pennsylvania. A New York Times best-selling author, his next book “Never Forget Our People Were Always Free” will be published by Harper Collins in December 2022.

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Oakland Post: Week of April 24 – 30, 2024

The printed Weekly Edition of the Oakland Post: Week of April 24 – 30, 2024

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Oakland Post: Week of April 17 – 23, 2024

The printed Weekly Edition of the Oakland Post: Week of April 17 – 23, 2024

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Oakland Schools Honor Fred Korematsu Day of Civil Liberties

Every Jan. 30, OUSD commemorates the legacy of Fred Korematsu, an Oakland native, a Castlemont High School graduate, and a national symbol of resistance, resilience, and justice. His defiant stand against racial injustice and his unwavering commitment to civil rights continue to inspire the local community and the nation. Tuesday was “Fred Korematsu Day of Civil Liberties and the Constitution” in the state of California and a growing number of states across the country.

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Fred Korematsu. Courtesy of OUSD.
Fred Korematsu. Courtesy of OUSD.

By Post Staff

Every Jan. 30, OUSD commemorates the legacy of Fred Korematsu, an Oakland native, a Castlemont High School graduate, and a national symbol of resistance, resilience, and justice.

His defiant stand against racial injustice and his unwavering commitment to civil rights continue to inspire the local community and the nation. Tuesday was “Fred Korematsu Day of Civil Liberties and the Constitution” in the state of California and a growing number of states across the country.
One OUSD school is named in his honor: Fred T. Korematsu Discovery Academy (KDA) elementary in East Oakland.

Several years ago, founding KDA Principal Charles Wilson, in a video interview with anti-hate organization “Not In Our Town,” said, “We chose the name Fred Korematsu because we really felt like the attributes that he showed in his work are things that the children need to learn … that common people can stand up and make differences in a large number of people’s lives.”

Fred Korematsu was born in Oakland on Jan. 30, 1919. His parents ran a floral nursery business, and his upbringing in Oakland shaped his worldview. His belief in the importance of standing up for your rights and the rights of others, regardless of race or background, was the foundation for his activism against racial prejudice and for the rights of Japanese Americans during World War II.

At the start of the war, Korematsu was turned away from enlisting in the National Guard and the Coast Guard because of his race. He trained as a welder, working at the docks in Oakland, but was fired after the bombing of Pearl Harbor in 1941. Fear and prejudice led to federal Executive Order 9066, which forced more than 120,000 Japanese Americans out of their homes and neighborhoods and into remote internment camps.

The 23-year-old Korematsu resisted the order. He underwent cosmetic surgery and assumed a false identity, choosing freedom over unjust imprisonment. His later arrest and conviction sparked a legal battle that would challenge the foundation of civil liberties in America.

Korematsu’s fight culminated in the Supreme Court’s initial ruling against him in 1944. He spent years in a Utah internment camp with his family, followed by time living in Salt Lake City where he was dogged by racism.

In 1976, President Gerald Ford overturned Executive Order 9066. Seven years later, the 9th Circuit Court of Appeals in San Francisco vacated Korematsu’s conviction. He said in court, “I would like to see the government admit that they were wrong and do something about it so this will never happen again to any American citizen of any race, creed, or color.”

Korematsu’s dedication and determination established him as a national icon of civil rights and social justice. He advocated for justice with Rosa Parks. In 1998, President Bill Clinton gave him the Presidential Medal of Freedom saying, “In the long history of our country’s constant search for justice, some names of ordinary citizens stand for millions of souls … To that distinguished list, today we add the name of Fred Korematsu.”

After Sept. 11, 2001, Korematsu spoke out against hatred and discrimination, saying what happened to Japanese Americans should not happen to people of Middle Eastern descent.
Korematsu’s roots in Oakland and his education in OUSD are a source of great pride for the city, according to the school district. His most famous quote, which is on the Korematsu elementary school mural, is as relevant now as ever, “If you have the feeling that something is wrong, don’t be afraid to speak up.”

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