11 Comments
Mar 7Liked by David Lat

Thank you for following up on this story. I (obviously, for those who saw my comments on the prior post) felt strongly about this topic. I thought the comment around approaching-as-a-journalist was very apt.

And appreciate Libby's perpsective here of course! Glad this dialogue could be had

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Mar 7Liked by David Lat

Thanks to David Lat for the incisive interview questions and to Libby Locke for her insights and sage advice.

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I think Ms. Clanton got a very public job offer from Ms. Clark, who is absolutely correct in the advice she has just given to Ms.Clanton. I would like to add one more observation that I am sure others who contacted you made. A 21 year old is just a kid. Sure, they are legally adults. But they are also still very immature. They are still impulsive and say stupid things. In theory confession is good for the soul but in our world it can destroy one’s future. Even if she is guilty of saying these things it doesn’t mean she still feels that way. If her views back then did not lead to harm against another, the she should be given a pass so she can make a contribution to society that one so talented could make.

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Mar 7Liked by David Lat

Thanks for posting this rejoinder. This fair-mindedness is typical of you. I was going to post something similar in response to your previous post, but I never could have been as eloquent or authoritative as Libby Locke.

People who are even somewhat heterodox, as I believe you are, tend to attract conservative readers. That may account for the tenor of the responses to your original post.

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Mar 7Liked by David Lat

All this debate makes me think about is our current political landscape and candidates for office (or lack thereof). I’m not trying to minimize the severity of Ms. Clanton’s text, if she did indeed send it. But I’m thinking of the effect on those of us watching on sidelines who may have been thinking of raising our hand to contribute to our national public life. Who in their right mind would expose themselves and their loved ones to such endless castigation. And I’m sure there are people who will say “well I never sent a text like that” but each and every one of us has, at one time or another, said or done something that would be offensive to someone. When we assassinate characters with impunity, and no expiration date on outrage or real chance at “forgiveness” or rehabilitation, we cannot expect talented people to subject themselves to it. And our nation is the poorer.

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I'll minimize the severity of that text because we really need to stop treating words like they were more important than actions. Yes, it was insensitive but I don't think it's good evidence of racial bias and I think we trivialize a hard issue when we reduce it to taboo words rather than tough and harder to judge moral choices.

Growing up there was only one adult I had contact with (a former police officer my mother dated) who made racist jokes, used the n-word etc (until my mom demanded he not) etc.. And sure, he had some stereotypes he believed in.

But what stuck with me was that he was the person who had stood up and said it was wrong when the other cops in his department were delibrately and intentionally treating black people worse (harrasing them assuming they were all criminals etc). And sure, there were lots of other very respectable middle class adults I met and saw at church who would never say those things but had every bit as strong stereotypes (even if they tried to cover them) and were always just going to go along with whatever was expected by their peers.

I fear that we are elevating saying the right things over actually doing the right thing and that's bad for our culture and minorities.

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"Never Complain, Never Explain" is a tried and true strategy for dealing with situations like Ms. Clanton finds herself in.

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I always liked George W. Bush's comment, "When I was young and stupid I was young and stupid." I suggest Ms. Clanton say nothing and move on with her life. She has one of the most prestigious jobs in the legal world-law clerk to a Supreme Court Justice. That will get her far in conservative legal circles, if that is where she wants to go.

But I guarantee if a law clerk for a liberal Justice said something similar, she would be forced to resign.

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Thank you for this response. I thought it was pretty compelling and I very much respect you for being willing to consider you were mistaken.

The only thing I'd add is that I suspect this is the right move even if she wants to work for a left of center law firm. I mean she can always give the rebuttal/apology in person in private at that time and use the above to explain why she didn't do it publicly and I don't see why that would be less convincing. Likely her biggest barrier would be fear of bad PR but surely that's almost entirely going to turn on how much her name is in the news at all.

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I agree with Ms. Locke. Google Streisand effect.

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I doubt that Crystal Clanton's reputation will be improved by association with Justice Thomas. History will judge him quite harshly both as a partisan hack and for his personal moral failings.

As for Crystal Clanton, it is not a crime to be a bigot. Perhaps she really has had a sincere change of heart. Unfortunately, Libby Locke is correct -- I don't believe it. The implausible claim of being framed makes me even more suspicious that she is just covering up her bigotry in order to advance her career.

It's an old cliche that actions speak louder than words. Ms. Clanton can redeem herself in my estimation by becoming a champion of justice and particularly, of civil rights. Unfortunately, by joining Justice Thomas she is off to a bad start.

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