Reagan judge shut down by Black law clerk for defending the Confederacy

On Monday, The Interceptreported that a federal appellate judge appointed by Ronald Reagan circulated an email slamming Sen. Elizabeth Warren's (D-MA) amendment to remove the names of Confederate officers from U.S. military bases — at which point a Black law clerk on the circuit weighed in.

“Since I am about to be interviewed I thought it would be appropriate to unburden myself in opposition to the madness proposed by Senator Warren: the desecration of Confederate graves,” wrote Judge Laurance Silberman. “It’s important to remember that Lincoln did not fight the war to free the Slaves ... Indeed he was willing to put up with slavery if the Confederate States Returned. My great great grandfather Never owned slaves as best I can tell.”

At this point, according to reporter Ryan Grim, the law clerk sent a reply.

"I am one of only five black law clerks in this entire circuit. However, the views I express below are solely my own," said the email. "While the laws of this nation viewed my ancestors as property, I view them as hostages ... For them, and myself, race is not an abstract topic to be debated, so in my view anything that was built to represent white racial superiority, or named after someone who fought to maintain white supremacy (or the Southern economy of slavery), see Photo of Liberty Monument attached, should be removed from high trafficked areas of prominence and placed in museums where they can be part of lessons that put them in context."

"No matter how bravely your uncle fought for the Confederacy, the foundation of his fight was a decision that he agreed more with the ideals of the Confederacy, than he did with those of the Union. And in the end, he chose the losing side of history," continued the email. "Finally, I will note that the current movement to rename Government owned facilities is in line with your previous opinions on the importance of names and what they represent. In 2005, you publicly advocated for the removal of J. Edgar Hoover’s name from the FBI Building due to the problematic material you came across in your review of his FBI files after his death ... This moment of confronting our nation’s racial history is too big to be disregarded based on familial ties."

The debate around Confederate monuments has been reignited by the killing of George Floyd and the ensuing protests against police brutality. Several military officials have expressed openness to renaming assets currently named for Confederate officers; however, President Donald Trump has warned that his administration will "not even consider" allowing such a proposal to move forward.