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Bob Edgar

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Montana's Senior Federal Judge Crosses the Line

Posted: 03/ 1/2012 2:39 pm

The true test of a man's character is what he does when no one is watching. -- Coach John Wooden

Few of us outside his home state of Montana had heard of federal Judge Richard Cebull until he spectacularly failed the legendary Coach Wooden's test this week. In spreading a vile and racist "joke" about President Obama, Judge Cebull disgraced himself and demonstrated his unfitness for the bench. He has apologized, as he should, but that's not enough.

With the whole country watching, the judge now faces another test of character; he can pass it only by resigning his office.

I'll not repeat the message Cebull shared via email with a handful of friends. It's sufficient to say that it slurred the president and his mother and compared African-Americans to dogs. The judge has acknowledged that it was racist but insists he is not; he shared the email with some of his friends because he disagrees with the president's politics, he insists.

Judge Cebull's offense probably does not qualify as the sort of "high crime or misdemeanor" the Constitution sets out as grounds for impeachment. But it clearly and disgustingly violates a judge's obligation to put politics aside and to avoid any conduct that undermines public confidence in what the federal Canons of Judicial Ethics call "the integrity and impartiality of the judiciary." Because the judge's conduct so clearly crosses the line, Common Cause filed a formal complaint against him today with the 9th U.S. Circuit Court of Appeals.

And even if impeachment is off the table, there's a test here for Congress too. The men and women who put Cebull on the bench have a responsibility to quickly condemn him and to make clear to his fellow judges that such conduct will not be tolerated.

 

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The true test of a man's character is what he does when no one is watching. -- Coach John Wooden Few of us outside his home state of Montana had heard of federal Judge Richard Cebull until he specta...
The true test of a man's character is what he does when no one is watching. -- Coach John Wooden Few of us outside his home state of Montana had heard of federal Judge Richard Cebull until he specta...
 
 
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HUFFPOST SUPER USER
charliemoney3
12:16 AM on 03/05/2012
Coming from a Federal Judge , it appears to be disrespectful and insubordination .
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HUFFPOST SUPER USER
Cammi Vaughan
Listening is giving.
05:23 PM on 03/03/2012
"Great spirits always encounter violent opposition from mediocre minds." - Einstein
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HUFFPOST SUPER USER
ennis438
03:48 PM on 03/02/2012
Why should the people who voted for him condem his remarks, since most of the ones that voted for him fell the exact same way. They can't stand that there is someone in the White House that is not white. So most of this guys voters feel the exact same way he does.
08:50 AM on 03/02/2012
He was a Bush appointee. Bushites don't resign. They just carry on like they don't quite get what all the fuss is about. So don't get your hopes up that conscience will get Cebull. BTW, is that rouge on his cheeks in that photograph? Hmmmm. I wonder what would Rush say?
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HUFFPOST SUPER USER
REMOVETHEVEIL
The truth only insults you not me!
12:09 AM on 03/02/2012
Aside from this being unethical, its in very poor taste and I found it very intersting how people found it easy to provide excuses for this sort of behavior.
HUFFPOST SUPER USER
ugo2020
10:05 AM on 03/06/2012
it's a joke - get over it
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HUFFPOST SUPER USER
REMOVETHEVEIL
The truth only insults you not me!
02:18 PM on 03/06/2012
Thats the problem people spend so much time joking that they don't realize that they've become bigots in the process. As far as getting over it, its not my issue to get over its the Judge who must overcome his own personal hatred. It is sad that people are so small minded that racial bigotry, intolerence and hatred can be excused as a joke. I guess I know what the children are being taught which is why this hateful cycle continues.
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HUFFPOST SUPER USER
Jadha Sin
Ipsa scientia potestas est
10:10 PM on 03/01/2012
Unless I read the "joke" incorrectly, I believe the insult was toward Obama's mother, with her saying she had slept with everyone at "the party". I didn't see any racial insults to either race. Only the set up of a child asking his mother why they had different skin colors.
06:24 AM on 03/02/2012
What nationality are you Judha, no malice meant; just wondering.
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HUFFPOST SUPER USER
Jadha Sin
Ipsa scientia potestas est
01:01 PM on 03/02/2012
I'am mixed bi racial.
HUFFPOST SUPER USER
ugo2020
10:06 AM on 03/06/2012
it's a joke - get over it
This user has chosen to opt out of the Badges program
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08:41 AM on 03/02/2012
..... so I guess that means that your OK with that ?
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HUFFPOST SUPER USER
Jadha Sin
Ipsa scientia potestas est
07:37 PM on 03/02/2012
No, I find it offensive on another level, that being the disrespect to Obama's mother. As I said in another comment...you can love him or hate him but don't be disresectful to the man's dead mother because you don't agree with him, it's just plain childish.
nothingchanges
too soon old, too late smart
08:55 PM on 03/01/2012
While I personally cannot condone what Judge Cebull has done, I have to ask.

Which will do the country more harm?

A bad joke, in bad taste?

Or a Supreme Court Citizens United decision, that makes a mockery of our entire elections process?

A decision that the112th Congress of the United States of America STILL has not addressed.

10% approval rating? .................................too high.............much, much too high.
HUFFPOST SUPER USER
Babygeorge123
09:41 AM on 03/02/2012
they are all wrong,
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Fez
Ignorance is no excuse for the law.
07:09 PM on 03/01/2012
This "judge" did not apologize. He said he was not a racist, was misinterpreted, and is just opposed to the President's politics. But he most definitely did not apologize. And while his comment was not "high crimes and misdemeanors" it brings into question ALL of his judgements from the bench. Why would anyone NOT be in contempt of this man and his court?
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HUFFPOST SUPER USER
darlinsass
This is Joey!
11:41 AM on 03/03/2012
The judge sent a letter to the President apologizing for his behavior.
HUFFPOST SUPER USER
ugo2020
10:09 AM on 03/06/2012
it's a joke - get over it
06:33 PM on 03/01/2012
Cebull's home is in Rehberg Estates, a gated community in Billings developed by Rep. Denny Rehberg, who is challenging Democrat Jon Tester for the U.S. Senate. Cebull's apology was even funneled through a Rehberg spokesman Thursday.
Koch-funded anti-Tester ads have been flooding Montana TV markets for months.
In addition to minority defendants, Cebull's stated antipathy for the president makes him incapable of making in impartial ruling on any case involving policies of the current administration.
06:14 PM on 03/01/2012
He should be removed from the bench.

He won't be.....sadly.

Being held accountable is reserved for poor people.
Katchalater
America wants jobs not witch hunts
06:09 PM on 03/01/2012
Abuse and misuse of government owned equipment.
Katchalater
America wants jobs not witch hunts
06:08 PM on 03/01/2012
If he used his government office, tax payer purchased computer and did it on tax payer paid time to promote racism, I think that it would be an impeachable offense. If he did it from home on his own time that would be bad taste and would reflect negatively on him as a judge.
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Algo
my micro-biotic is just fine
05:51 PM on 03/01/2012
News - Cebull filed a complaint against himself with the 9th Circuit to jump the gun - coward. He knows that if he files, he'll have the upper hand. The 9th Circuit put out a news statement indicating the same. Living in this region of the country . . . let's say this is not unexpected and rather the norm.
05:37 PM on 03/01/2012
A federal judge (or Supreme Court Justice, for that matter) is required to recuse him/herself "in any proceeding in which his [or her] impartiality might reasonably be questioned." 28 U.S.C. ¶ 455(a). After this incident, in order to comply with § 455(a), at the very least Judge Cebull will have to disqualify himself in any case involving a claim of racial discrimination or in which one of the parties is black.

According to its Mission Statement: "The Mission of the Judicial Council of the Ninth Circuit is to support the effective and expeditious administration of justice and the safeguarding of fairness in the administration of the courts within the circuit. To do so, it will promote the fair and prompt resolution of disputes, ensure the effective discharge of court business, prevent any form of invidious discrimination, and enhance public understanding of, and confidence in, the judiciary."

If someone files a complaint with the Ninth Circuit Judicial Council arising from this incident, it will be interesting to see whether the Judicial Council publicly reprimands Judge Cebull or takes any other public action against him to "prevent . . . invidious discrimination" or to "enhance . . . confidence in, the judiciary."
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dreux62
The GOP - Now 100% Fact Free!
05:34 PM on 03/01/2012
This is unethical. The Federal Judicial Ethics Commission should investigate him.
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Terry DR
Republicans are destroying America!
07:50 PM on 03/01/2012
They are. Check thinkprogress.org
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dreux62
The GOP - Now 100% Fact Free!
10:06 AM on 03/02/2012
Excellent