[Marxism] In Search of Ward Churchill » CounterPunch: Tells the Facts, Names the Names

Louis Proyect lnp3 at panix.com
Fri Jan 31 08:28:35 MST 2014


http://www.counterpunch.org/2014/01/31/in-search-of-ward-churchill/

This is an interesting contrast with the Norman Finkelstein interview I 
just posted. Like him, Ward is "unemployable" but has made a much better 
adjustment.

As someone who kept a close watch on Ward's situation up until the time 
he actually ran out of legal options to hold on to his job, I was 
surprised at how little I knew about the climax of the legal 
proceedings. This is really eye-opening, from Josh Franks' interview:

JF: Let me stop you for a moment at this point. It seems clear enough 
that the jury’s verdict would serve to exonerate you of the scholarly 
offenses alleged by the university. But, then, the judge vacated the 
verdict, didn’t he?

WC: Yes, he did. But it’s important to understand that he didn’t do so 
on the basis that the jury somehow erred in its understanding either of 
the law or of the facts involved. The verdict therefore remains 
unaltered: I didn’t do what the university claimed I did—that was simply 
an elaborate pretext—and it violated my constitutional rights by firing 
me for the actual reasons involved. What the judge ruled was that such 
things were utterly irrelevant. Why? Because, he said, the regents enjoy 
“quasi-judicial immunity” from the consequences of their actions, at 
least when it comes to personnel matters. So, even though they’d plainly 
violated my constitutional rights by firing me, and had systematically 
defamed me by conjuring up the pretext of my supposed scholarly fraud, I 
had no legal recourse. In effect, I’d never had standing to bring suit 
in the first place.

---

This is a very important interview that I urge you to read in its entirety.




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