When Judge Larry J. Naves ruled (Daily Camera, July 9) that the Colorado Board of Regents were immune from suit because in dismissing Churchill as they did they were operating as a quasi-judicial body, the judge unwittingly summoned up a history of Anglo manipulation of that very same notion.
I refer not to immunity in the legal, but the medical sense. In a chapter of history that Professor Churchill wrote about–to the consternation of some of his critics– the westward-marching settlers and the U.S. Army may have deliberately introduced smallpox to the Indians by supplying them with disease-infested blankets.
Lacking immunity from the disease, the Indians sickened and died in large numbers. Their ranks decimated, they proved unable to offer effective resistance to the Anglo invaders and went down to defeat.
Immunity, then—or, rather, the Indians’ lack of it–was what enabled white men to achieve what they had been unable to do otherwise, namely defeat their adversary on the field of battle.
How fitting, then, that to dispatch a modern-day Indian scholar, the judge deployed the legal doctrine of immunity to deny Churchill redress for a violation of his constitutional rights. What the establishment failed to achieve in a jury trial, something approaching a fair fight, it took away after the conclusion of the case when the judge decided the Regents were, after all, immune from suit.
But were they entitled to this defense by reason of acting as a “quasi-judicial” body? Not in my book. Evidence came out during the trial that a number of them decided that Churchill was guilty before the fact, indeed called for his head even before the campus investigated him.
Moreover, only a handful of the Regents are lawyers, retired judges, or hearing officers with experience in due process, standards of proof, and the need to withhold judgment until all the evidence is in. The judge’s overbroad ruling calls for reversal. And we should see its application of the immunity doctrine in the ironic light that history exposes.
Richard Delgado
Professor of Law
Seattle University
Seattle, Wash.
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Delgado is dishonest about the episode in American history to which he alludes. Ward Churchill charged the US Army with distributing smallpox blankets to the Mandan Indians in 1837. In making this spurious charge, Churchill fabricated and falsified evidence. He’s since admitted that he was mistaken about the Army giving blankets to the Mandans. Delgado implies that the US was at war with the victims of this fabricated episode, which is absurd. The US was never at war with the Mandans at any time in US history. Nor were there white settlements within 500 miles of the Mandan village in 1837, except a handful of sojourning fur traders. Delgado is nearly as dishonest as Churchill, in simply fabricating a war that never occurred because he needs it to bolster an ideological argument.
Delgado also is intellectually dishonest when he refers to Churchill as an “Indian scholar.” No Indian tribe recognizes Churchill as a tribal citizen, tribal leaders have denounced Churchill as an unscrupulous white man who has fraudulently appropriated an Indian identity for the purpose of advancing his career, and in-depth investigations by the news media into Churchill’s ancestry have revealed that Churchill does not have a single American Indian ancestor. By dishonestly calling Churchill an “Indian scholar,” Delgado aids and abets Churchill’s perpetration of fraud upon academia and the public in general.
Ward Churchill’s canard about the Mandan smallpox is no different than the anti-Semitic canard that Jews give Christians the plague.
Ward Churchill’s smallpox canard is no different than the NAZI canards about Jews spreading disease and infecting the German nation.
Ward Churchill’s canard is no different than the KGB canard that the U.S. Army made AIDS to kill black people.
Even KGB chief Primakov admitted in Izvestia that his agency spread that lie in the world media.
In his books, Ward Churchill calls Indians who don’t kow-tow to his political agenda “Vichy Indians” and “puppets” with “Quisling tendancies.”
He called Indian people he didn’t like Nazi collaborators long before he called the 9-11 victims “little Eichmanns.”
But the truth is that Ward Churchill is the stooge.
Ward Churchill once wrote in the KGB-sponsored “Covert Action Information Bulletin” that the FBI backed death-squads that killed 342 Indians. This was a total lie. In fact, it is the American Indian Movement who murdered people during their terrorist 1973 assault on Wounded Knee and buried them near the town. It is the American Indian Movement who ordered the murder of the Indian Anna Mae Aquash.
People should focus on all the really stupid factual errors in Churchill’s 9-11 essay, not just his typical “little Eichmann” smear.
See the stupidities in Churchill’s essay here:
http://legendofpineridge.blogspot.com/2008/01/ward-churchill-ties-his.html
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