We cannot cower; Mangi does not

Too often, the best Americans -- the people who best embody the aspirations of this terrible, conflicted country -- are the relative newcomers rather than the old timers like me (a Mayflower descendant through and through.)

Adeel Mangi is a distinguished Pakistani-American New Jersey litigator, both in private practice and in pro bono civil rights cases. Joe Biden nominated him to an appellate court judgeship. At confirmation hearings, Mangi endured repeated, ignorant, and abusive interrogations from Republican senators. LawDork explains:

Mangi would have been the nation’s first Muslim American federal appeals court judge, and the attacks against him never stopped. After Republicans questioned him at his confirmation hearing largely with anti-Muslim guilt-by-association attacks, the opposition later expanded to include baseless claims of terrorism and anti-law enforcement connections. ...

Democratic Senate leader Chuck Schumer cut a deal with the Republican senators to give up on confirming Mangi and other appellate nominees in order to advance lower federal court Biden appointees. This may have been a necessary deal -- it's hard for outsiders to know. I'm not surprised by betrayal of Mangi by Joe Manchin; he's a preening popinjay masquerading for decades as a man of the people.

But it is hard to learn that two Democratic Senators who I worked in Nevada to elect dissented from Mangi's nomination. Catherine Cortez Masto and Jacky Rosen choosing to torpedo Mangi is really bad. 

What follows is my speculation; it is neither kind nor generous. 

Presumably Rosen was running scared in last fall's re-election bid; her status as a visibly Jewish leader in national politics presumably made it seem simple to sign on with the reactionary strain in Jewish politics in a state with few Jews, but some loud and well-funded right wing Jewish advocates. It looked an easy cave to the MAGAs. (As it turned out, she delegitimated her opponent early on and won easily.) Cortez Masto is gunning to rise in the Dem Senate leadership; sticking with and covering for her sister Nevada Senator made for a cheap date. So Mangi becomes a scalp claimed by Republican Islamophobes. The two Senators' choices sicken me.

Mangi has written a heartfelt public letter denouncing the process he, and by extension his faith, were put through. 

In 1957, President Dwight D. Eisenhower, a Republican, spoke at the inauguration of a mosque in Washington, D.C. He said: “And I should like to assure you, my Islamic friends, that under the American Constitution, under American tradition, and in American hearts, this Center, this place of worship, is just as welcome as could be a similar edifice of any other religion. Indeed, America would fight with her whole strength for your right to have here your own church and worship according to your own conscience. This concept is indeed a part of America, and without that concept we would be something else than what we are.”... 

It was that vision of America that led me, 25 years ago, to make it my home. ... 

When my nomination then came before the Senate Judiciary Committee, I was prepared to answer any questions about my qualifications, philosophy, or legal issues. I received none.

Instead, I was asked questions about Israel, whether I supported Hamas, and whether I celebrated the anniversary of 9-11. Even more revealing, however, was the tone. The underlying premise appeared to be that because I am Muslim, surely I support terrorism and celebrate 9-11. When I made clear that all these claims are false — that I condemn the Hamas attacks and all forms of terrorism, and indeed that it was my city that was attacked on 9-11 — the next Republican Senators up just repeated their performative outrage. There were children in the audience. ...

... advertisements were run deeming me an antisemite, a radical, and a terrorist sympathizer. Horrifying images were published with the Hamas flag substituted for my eyes or interspersing my face with footage of the twin towers on fire. And all of this, even while major Jewish organizations across the country condemned these attacks, ranging from the National Council of Jewish Women to the Anti-Defamation League, and over a dozen more. One of the largest Jewish groups put it this way: “Adeel Mangi, was questioned aggressively on thin pretext about his views on Israel, terrorism, and antisemitism, turning these serious issues into a tool of partisan attack. … American Jewish Committee (AJC) has joined several U.S. Supreme Court briefs led by Mangi and find him to be an able jurist, a person of integrity, champion of pluralism, and adversary of discrimination against any group.”

...What can explain all of this? One commentator recounted my professional accomplishments and then observed: “But he also successfully fought efforts by two New Jersey communities to prevent the construction of mosques. He has served on the board of directors of the Muslim Bar Association and Muslims for Progressive Values. Clearly, he’s both an accomplished attorney and a proud representative of his religion. That’s what his Republican critics can’t tolerate. They will never accept someone who is so prominently associated with Islam.” 

Mangi is even less sparing of Rosen and Cortez Masto then I am. (And that's not very.)

Two allied Senators from a state far from the Third Circuit announced their opposition ostensibly based on the attacks claiming I am against law enforcement. I will not assume the worst possible motivation for their embrace of this attack. But to me that leaves two possibilities: that these Senators lack the wisdom to discern the truth, which exposes a catastrophic lack of judgment; or they used my nomination to court conservative voters in an election year, which exposes a catastrophic lack of principle. One reportedly made the decision based on fear of an attack ad—and apparently not for the first time.

He concludes:

Our country faces an incoming tsunami of bigotry, hatred, and discrimination. It targets Muslims, Arabs, Jews, Black people, the LGBTQ+ community, and many others. And it always pretends to be something other than what it is. These forces are fueled not only by their proponents, but equally by the collaboration and silence of the spineless. They can be defeated only by those who lead voters with courage, not those who sacrifice principles for votes. But courage can be found outside of politics. 

American Muslims are part of this nation’s fabric and will not cower. This campaign was intended to make it intolerable for Muslims proud of their identity to serve this nation. It will fail. Our Constitution forbids religious tests for any Office of the United States and American Muslims will cherish that fundamental American value, even if others apply it only selectively. And let me be clear: I will always be immensely proud of my faith as well as my pro bono legal work to challenge both denials of freedom of worship and the alleged killing of an incarcerated Black man. I have battled for justice, even if it meant there would be none for me.

... To return to President Eisenhower’s words, Americans must now look at the story of this nomination, and ask themselves: is this who we are now? For my children, I hope America one day lives up to President Eisenhower’s promise, even if not today. For my part, I entered this nomination process as a proud American and a proud Muslim. I exit it the same way, unbowed.

This is the spirit the country will need in the difficult times ahead.