The indictment is the first of its kind against an organization that has historically worked closely with the DOJ — the same DOJ that has now indicted it — to dismantle hate groups and prevent racial violence against African Americans. The similarity in origins of the DOJ and the SPLC, despite their respective beginnings separated by more than a century, is as noble as it is remarkable. It says much about the nature of authentic moral values, most significantly that they transcend space and time.
Regrettably, morality, too often, is no match for politics. Right and wrong will quickly take a backseat to right and left, as a “might makes right” approach of expediency to maintain political power replaces the importance of a nobility of mission. Has that happened in the unprecedented indictment against the SPLC? Has right and left replaced right and wrong? If so, does such ideological posturing signal the final expulsion of morality from the American ethos? Can morality return to the public square and restore public confidence in such a vital American institution as the DOJ? The urgency of these questions is undeniable.
In Garland’s opening statement to the Judiciary Committee, he made the following statement:
“Celebrating DOJ’s 150th year reminds us of the origins of the Department, which was founded during Reconstruction, in the aftermath of the Civil War, to secure the civil rights promised by the 13th, 14th and 15th Amendments. The first Attorney General appointed by President Grant to head the new Department led it in a concerted battle to protect black voting rights from the violence of white supremacists, successfully prosecuting hundreds of cases against members of the Ku Klux Klan” (Testimony of Merrick Brian Garland before the U.S. Senate Judiciary Committee, February 22, 2021)”
The mission of the DOJ, understood in its historical context, is clear: society’s most vulnerable, evolving from predominately African Americans in 1870, to include victims of human trafficking today, must be protected through strict adherence to the rule of law, and will find that protection highly valued and enforced in the work of the DOJ. Noble? Yes. Deeply moral? Indeed.
This raises the question of whether morality can be legislated. It cannot. But the law can, as Martin Luther King has argued, prevent us from harming one another. Morality cannot be legislated. But it is a moral imperative that the law protect people, especially the most vulnerable among us, which the SPLC, consistent with the origin of the DOJ, intended to do.
Trump’s rhetoric appealed to a segment of the American electorate who have committed themselves to the racist logic of the infamous Dred Scott decision that America was intended for whites only. Regrettably, even some future lawyers believe that today, such as Preston Damsky, a white law student who wrote a research paper arguing that Dred Scott represents the correct view of the Constitution. He was recognized with an award for his overall performance in the class!
But does this logic withstand scrutiny? Indeed, if the SPLC solicits donations with the stated aim of dismantling racist, white-supremacist organizations, and then uses that money to divide the loyalty of members of those organizations, are they not contributing to the destabilization and downfall of those organizations? Do police undercover operations in internet chat rooms to catch sexual predators defraud taxpayers because police fabricate stories to catch sex offenders? And what about police undercover drug operations that use informants, often less than wholesome individuals, to catch high level drug traffickers? Are they too committing criminal fraud?
Prosecutors have often recited the old adage, “If you’re prosecuting the devil, you’ve got to go to hell to get the witnesses.” This is true, whether it be going to hell to get witnesses against the devils of pedophilia or those of drug kingpins.
Protecting the most vulnerable is noble and moral. Pursuit of political enemies based on ideology is power-driven politics. The indictment of the SPLC has occurred because we have replaced the morality of the former with the politics and ideology of the latter.