In case you haven't seen it, the extreme right has mounted a massive smear campaign against my good friend and former boss, Harold Hongju Koh. As Dahlia Lithwick notes in Slate, it's all based on an allegation by Meghan Clyne that Harold once said that Sharia law could apply in U.S. courts. The right has gone nuts with this. Fox is running it regularly, Glenn Beck is foaming at the mouth, and numerous conservative blogs are screaming.
Clyne's allegation, which is based on a claim by a single individual that he heard Koh say such a thing at a dinner, has been debunked by the individuals who put on the dinner. But as Lithwick notes, this isn't about the truth: the extremists are now latched on to this story like a dog in heat.
What really angers me is that once again, the right has put us in a position of denying a smear by repeating it. Every time Lithwick, the NYT, I, or anyone else talks about the campaign against him, we repeat the allegation. And as the Times story demonstrates, the MSM's obsession with portraying "both sides" of the story means that the allegations don't just get repeated, but analyzed, dissected, and offered up for comment by others, who then proceed to talk about them in order to debunk them.
And as any messaging strategist (and Jason Zengerle at TNR) can tell you, every time you repeat a lie, the public is more likely to think it's true. As conservative messaging evil genius Frank Luntz put it, it's not what say, it's what people hear.
Chances are the sharia smear won't stick. As even Ed Whelan over at NRO admits, it's an incredibly thin reed upon which to fight a nomination. But as Whelan also warns, the right is now going to start poring through everything Harold has written in hopes of digging up something else. In fact, Whelan appears to be on a one-man campaign to do it himself.
There's a pretty simple way to avoid all of this: schedule a hearing, and schedule it as quickly as possible. Invite Harold to appear and answer and and all questions about his alleged positions. Take as much time as necessary to clear the air. But make sure you also ask Harold about his support for the nomination of Ted Olson as Solicitor General under Dubya. Be sure to ask him about his tenure at the Department of Justice under Reagan. Be sure to ask about his championing of the rights of Cuban refugees who were being detained at Guantanamo by the Clinton Adminstration. And be sure to learn that his position on the illegality of torture is no different from that of Senator John McCain.
I know I'm biased. Harold was the finest boss I've ever had, and the most extraordinary champion for human rights I've ever met. But as I noted in a post on my day blog, it would be a mistake to assume he's only interested in human rights. I've rarely met anyone who has such an encyclopedic grasp of legal issues, particularly international law (keeping in mind I'm not a lawyer).
But this isn't (just) personal anger at outrageous attacks against a good and decent man. This is pure outrage that the wingnuts think these unscrupulous, despicable and indecent slash and burn tactics could still work. To paraphrase Joseph Welch's famous confrontation with Senator Joseph McCarthy, they have no sense of decency, none at all.
I don't even have to ask.