Sessions Subordinate: I Thought I'd Be Fired If I Objected To Being Called 'Boy'
When it became clear that Sen. Jeff Sessions (R-AL) was poised to become ranking member on the Senate Judiciary Committee, we recalled this 2002 article by Sarah Wildman which addresses some of the controversies that kept Sessions from being confirmed in 1986 as a U.S. District Court judge in Alabama.
Wildman writes in particular that the testimonies of two witnesses--a Justice Department employee named J. Gerald Hebert, and a black Sessions subordinate named Thomas Figures--helped to doom Sessions, then a U.S. Attorney, at his Judiciary Committee confirmation hearings. According to Wildman, Hebert testified reluctantly "that in a conversation between the two men Sessions had labeled the National Association for the Advancement of Colored People (NAACP) and the American Civil Liberties Union (ACLU) "un-American" and "Communist-inspired." And Figures--then an assistant U.S. Attorney--told the committee that "during a 1981 murder investigation involving the Ku Klux Klan, Sessions was heard by several colleagues commenting that he 'used to think they [the Klan] were OK' until he found out some of them were 'pot smokers.'"
Today we obtained a copy of the transcript of the Sessions hearings--over 500-pages worth--and it turns out there's quite a bit more. We're still going through it, of course, but the Figures testimony alone contains some damning details.
Figures recalled one occasion in which the Justice Department's Civil Rights Division sent them instructions to investigate a case that Sessions had tried to close: "We had a very spirited discussion regarding how the Hodge case should then be handled; in the course of that argument, Mr. Sessions threw the file on a table, and remarked, 'I wish I could decline on all of them.'"
All of them, according to Figures, meant civil rights cases generally. As he explained at one point: "[T]he statement, the manner in which it was delivered, the impression on his face, the manner in which his face blushed, I believe it represented a hostility to investigating and pursuing those types of matters."
Figures said that Sessions had called him "boy" on a number of occasions, and had cautioned him to be careful what he said to "white folks. "Mr. Sessions admonished me to 'be careful what you say to white folks,'" Figures testified. "Had Mr. Sessions merely urged me to be careful what I said to 'folks,' that admonition would have been quite reasonable. But that was not the language that he used."
In response to these allegations, Sen. Ted Kennedy (D-MA) asked him if he'd ever objected to this behavior. Senator "Did you ever say anything to them? Did you ever say, knock it off, or quit it?"
Figures admitted he hadn't: "Senator, I felt that if I had said anything or reacted in a manner in which I thought appropriate, I would be fired. I always felt that my position was very tentative around Mr. Sessions."
At one point during his testimony, Figures paid Sessions a backhanded compliment on his overall professionalism. "In all fairness to Mr. Sessions, however, I should make clear that the problems which existed in the area of civil rights were not present in other aspects of my case assignments," said Figures. "Except in criminal civil rights cases, Mr. Sessions deferred to my recommendations regarding whether to pursue cases, and never withdrew a case assignment because he disagreed with my recommendation."
Thomas Figures still practices law in Mobile, Alabama, but could not be reached by phone this afternoon. We'll keep perusing the testimony and report any other noteworthy details.
Josh
Matt
Eric
Piffle.
This was just youthful exuberance on the part of Sessions, nothing more.
Joking aside, I find the level of interest in Sessions background to be fascinating. I don't recall the same level of interest in the ranking member of the Judiciary Committee during other Supreme Court nomination fights.
I welcome it, but is this typical, or another sign of how contentious nomination battles have become?
May 7, 2009 4:32 PM | Reply | Permalink
It does seem unusual. The fact that Jeff Sessions is a bigot can't be breaking news.
But is it usual for the opposition party to begin a campaign against a SCOTUS nominee before that nominee is even named?
May 7, 2009 4:52 PM | Reply | Permalink
Good point about the opposition occurring before the nominee even being, you know, nominated.
I admit, I'm happy they're behaving this way, because it makes it so much easier to simply lump them in the "But Republicans ALWAYS object to whatever Obama does" camp. Stupid on their part.
May 7, 2009 5:03 PM | Reply | Permalink
A substantial reason that Sessions has become the story is that he was selected by Reagan for a federal judgeship but rejected by the judiciary committee, of which he now holds the top minority spot. So he is in a leadership position on the hiring committee that refused to hire him. There may even be current members on the committee that voted against him.
The other reason, of course, is that he's an avowed bigot who will be voting yes or no on a supreme court nominee that may very well be a member of a minority.
May 8, 2009 4:44 PM | Reply | Permalink
Alan Simpson was still bitching about Bork on NPR yesterday.
Republicans need their grievances like a terrier needs a chew toy.
This is just an attempt to neutralize the smears that will inevitably be part of any campaign against the Obama nominee, who will almost certainly be from a suspect group, nevermind how qualified and moderate they may be.
And, frankly, since the courts have been the only place minorities could traditionally seek redress for discrimination, the Republicans started this fight by putting an unreconstructed racist in charge of Judiciary.
May 7, 2009 4:58 PM | Reply | Permalink
You mean Alan *K.* Simpson? The permanently-infuriated, clenched-teeth misanthrope? Well, blow me down!
And here I thought the curmudgeonly social reject had died, like 15 years ago! And yet alive he is you say, still spewing his appalling venom! Whaddya know?!
May 7, 2009 5:45 PM | Reply | Permalink
He is now a sensible, moderate wingnut.
May 7, 2009 6:15 PM | Reply | Permalink
Did he beef at all over the rejection of S.Ct. nominee John Rutlege (December 15, 1795)?
Bork was 22 years ago. The seething loner needs his to have his meds adjusted.
May 8, 2009 1:39 PM | Reply | Permalink
Call me a d-bag, but shouldnt that type of comment assure one a seat on the 'bama Judiciary?
May 7, 2009 4:49 PM | Reply | Permalink
That's about right. You aren't a douche for saying it either. I pretty much assume anyone from Alabama is a card carrying Klansman. I worked with some people in education who used to run the Birmingham School District. Guys - executives- with nicknames like "Rebel". Total douchebags. 2 years around those people has left me not able to spend much time thinking about the experience without getting angry. Alabama = Hell.
Ever hear jokes about Bill Gates and Jews? Thanks to those a-holes I have. It's hard to deal with scumbags like that and think about your career and weigh lawsuits.
I can totally relate to Figures.
May 7, 2009 5:17 PM | Reply | Permalink
"That's about right. You aren't a douche for saying it either. I pretty much assume anyone from Alabama is a card carrying Klansman. I worked with some people in education who used to run the Birmingham School District. Guys - executives- with nicknames like "Rebel". Total douchebags. 2 years around those people has left me not able to spend much time thinking about the experience without getting angry. Alabama = Hell.
Ever hear jokes about Bill Gates and Jews? Thanks to those a-holes I have. It's hard to deal with scumbags like that and think about your career and weigh lawsuits.
I can totally relate to Figures. "
Well, anyone who's been born and lived in Alabama knows that that simply isn't true. I'm not talking about Sessions (keebler elf) in particular here, but about how you said everyone in 'bama being a card carrying member of the KKK. Just a blatant lie, that. Does nothing to further the conversation. Figures may be totally in the right, but that does not justify calling people like me racists. It's a bad form of argumentation and does nothing to further progress, of which there needs to be a lot more, starting with EDUCATION. Sessions, sure he needs to go, I guess. But he ain't the real problem.
May 8, 2009 8:07 AM | Reply | Permalink
My wife's from Alabama. And her recently deceased father was as progressive as I am except on the issue of Palestinian rights (this seems to be a generational thing due to the 1967 war).
I'm not a huge fan of the South, but it's not as monolithic or as extreme as my friends up north like to portray it, though.
The fact that they continue to elect racist scum like Sessions doesn't do them any favors, however.
May 8, 2009 1:48 PM | Reply | Permalink
Learn how to read.
"I pretty much assume anyone from Alabama is a card carrying Klansman."
Does that say that everyone from Alabama is a Klansman or that I assume they are?
Take your response further down the page where you relate being an apologist and friend to racist pigs as "living life" as an example. Why would I assume that people who are friends with hate mongers don't share the hatred?
Looks like I struck a nerve.
May 8, 2009 2:10 PM | Reply | Permalink
"Learn how to read.
"I pretty much assume anyone from Alabama is a card carrying Klansman."
Does that say that everyone from Alabama is a Klansman or that I assume they are?"
Yes.
I'm really sorry, but your explanation makes no sense. You say I assume anyone from alabama is a klansman, then you say does that mean that everyone from alabama is a klansman or that I assume that they are?
I assume that you are a troll. And that's all I know about you.
May 8, 2009 9:21 PM | Reply | Permalink
Was Howell Heflin a card carrying member of the Klan? Was Jeremiah Denton a Klan member? What about Earl Hilliard? Bud Cramer? Artur Davis? David Vann? Richard Arrington?
Klan members all?
May 8, 2009 9:28 PM | Reply | Permalink
Tweakyd shows us how ethnic stereotyping works I pretty much assume anyone from Alabama is a card carrying Klansman. I worked with some people in education who used . . .
Tweaky: Has it crossed your mind just how bigoted you are? I could tell you more about my forty year history of activism in Alabama against war and racism or tell you about all the other people I have worked with here, but you know all about Alabama, right? After all, you used to work with some guys who used to run something there.
May 8, 2009 9:32 AM | Reply | Permalink
You added the wrong name to the quote.
Yes, I do realize that my response to murderous multi-generational institutional and social racism in Alabama has left me bigoted. Oh well. I'm glad you and the other commenter above are not racists.
I am very happy to know that you've spent 40 years fighting racism in Alabama. I would love to hear more. I mean in no way to diminish how much courage it takes for a person like you to stand up for what is right amongst a majority of those who do not share the view. Understand something though, you have 40 years of personal experience and I have my 30 something years plus my family's hundreds of years of experience in the South. Do you think that you make up the majority or the minority view in your State? Just in case you don't realize it, African Americans still get lynched in Alabama and elsewhere in the South. Personally, as an African American, I don't believe it is safe to assume that people aren't biased in racially hostile environments like Alabama. I hope you don't think Alabama isn't racially hostile.
Some of the same arguments could be made about many different states including the one I'm currently in but there are differences in the way segregation is still maintained and other things that I've observed in Alabama that I haven't seen elsewhere. I wouldn't be surprised to see the same things throughout the deep south.
I know you guys think its 2009 and everything is dandy but I can't afford to play games with my or my family's lives. Its the truth. Its messed up but its there. Just like people in this thread who hang out with racists but think they are unbiased progressives.
May 8, 2009 2:32 PM | Reply | Permalink
Not so much a sign of how contentious they have become. They've been contentious for 20+ years. More, a sign that we've finally weeded out enough of the closet racists from the Senate, mostly through attrition rather than enlightened voting, that there is a lot more stomach for training heavy arms fire on those that remain.
Thank god!
May 7, 2009 4:52 PM | Reply | Permalink
Sessions should be rotting in a cell somewhere or underground.
May 7, 2009 4:52 PM | Reply | Permalink
With apologies to Abraham Lincoln, and the hundreds of thousands of descendants of Civil War casualties, secession IS the answer. Or should I say 'se-session'
Jefferson Beauregard Sessions III. That's a helluva good name for a president.
May 7, 2009 4:56 PM | Reply | Permalink
President of the Confederacy, perhaps. :)
May 7, 2009 5:06 PM | Reply | Permalink
Right.
May 8, 2009 8:09 AM | Reply | Permalink
With a name like that, he must make a mean Mint Julep
May 7, 2009 5:35 PM | Reply | Permalink
Precisely. President of the new South and Grand Dragon of the Klu Klux Klan(that's kinda like Commander-in-Chief).
May 7, 2009 5:29 PM | Reply | Permalink
Guys, men from "good families" really aren't in the KKK.
May 8, 2009 8:10 AM | Reply | Permalink
Why, it turns out they're no better than the Negroes! [/Sessions]
May 7, 2009 5:53 PM | Reply | Permalink
Sessions reminds me of present day Lester Maddox.
May 7, 2009 6:04 PM | Reply | Permalink
I would appreciate it if you would post the transcript of the Sessions hearings so that we can read it in its entirety. If that is not possible, I would like you to let us know how we can obtain a copy for ourselves.
May 7, 2009 6:12 PM | Reply | Permalink
Ditto.
May 8, 2009 8:11 AM | Reply | Permalink
Hugo Black belonged to the Klan before he became a Senator and Supreme Court member. He admitted it was a mistake. Sessions seemed to be devoid of any objectivity from a review of the comments above and it appears that he lacks the intelligence to tell the boyz in the Hood from the boys in the hoods. It would have been interesting to see what his torture memo would look like if he was working with Bybee and Yoo.
May 7, 2009 6:15 PM | Reply | Permalink
Tread lightly Jeff. There is a lot of dirt and corruption on your hands in old 'Bama. Your former govenor was framed by some of your buddies. You are in deep do, and I know ever racist bone in your body would love to march into the oval office and act out your tendencies. Keep in mind, all of your questions will not matter, and will be seen through a different lens. You can see that cross burning glint in your eyes, so if I were you, I would pretend to be even handed. You don't have it in you because bigot pours out of every vain. Try though.Otherwise, you will be miserable before you speak publicly. We wouldn't want people to know what the repubs have been banking on all these years. Fear, all of the isms and stupidity. You are a dying breed Jeff. That's why you got the nod by your party. It's payback time baby...and who better to destroy what's left than a died in the wool racist with a score to settle....
May 7, 2009 7:29 PM | Reply | Permalink
He's a dying breed, and yet he's headed to the Oval Office? Which is it? Too much hysteria here. Focus on the positive.
May 8, 2009 8:13 AM | Reply | Permalink
You never know who is under those hoods. But I'll bet Sessions does!
May 7, 2009 7:42 PM | Reply | Permalink
Hm. I'm not ready to pass judgment on Sessions yet. I'm aware of all the controversy about the past, but I'm not sure that it's all accurate.
Sessions has said that the 'KKK was okay until I found out they were pot smokers' was a joke and taken out of context. I'm willing to grant him that simply because the whole statement is so absurd that it sounds like joke, albeit a terrible one for a conservative southern white to be making around a black subordinate simply because it would be so easy to be misunderstood, which is exactly what happened imo.
He very well might have had some issues with bigotry back in the early eighties ... he is from Alabama after all. But I think his initial rejection from the senate on his nomination to the federal bench has made him a better person and much more careful about the way he speaks and votes on civil rights issues. After all, he was the only republican (along with specter) in the senate to vote for eric holder to become the first African American AG. People can change, one time bigots can be rehabilitated.
Because of his bitter memories of being railroaded and rejected by the senate, it appears he will be a much more thoughtful inquisitor who has already stated his unwillingness to filibuster Obama's pick, as he believes such measures should only be used in extreme circumstances. Obama has already had a phone conversation with him where the president promised not to nominate any 'bomb throwers' and Sessions felt confident that the nomination process would proceed expeditiously.
He also has said he would even consider the nomination of a gay justice to the supreme court.
If he were a bigot, such utterances would have never been heard.
May 7, 2009 7:56 PM | Reply | Permalink
Wait. Are you saying a Southern Republican condones the KKK? Nooooo. You really think so?
May 7, 2009 7:57 PM | Reply | Permalink
I alway wondered "Where Are They Now" as I viewed the pictures of white women, men and children standing around while Blacks were being lynched. I guess Sessions was one of the spectators in the crowd.
May 7, 2009 11:21 PM | Reply | Permalink
More hysteria.
May 8, 2009 8:15 AM | Reply | Permalink
I bet Sessions has a lot of horror stories in his closet.
May 7, 2009 11:23 PM | Reply | Permalink
Whoa! Getting toasted, building a huge fire, and dancing around in your best Percales. Man, just leave out the racism and criminality and the KKK might be fun.
May 8, 2009 12:02 AM | Reply | Permalink
I was born in Dothan, AL, but I have lived in Daphne,AL for years and Daphne is a town on the Mobile Bay right next to Mobile, AL which is where Jeff Sessions lives. I will say from my own experience and from having mutual friends of Mr. Sessions--he has a propensity to be racist. I worked with his next door neighbor for years and she and almost everyone I worked with were die-hard Republicans and they all had the same proclivities towards racism. Even though I too am from Alabama I apparently was raised in a very different manner than these guys. I occasionally felt like I was from a different planet instead of a different political party.
It seemed to me that in all of their conversations some portion of it pertained to negativity towards blacks, immigrants, Democrats and any other "enemy" of their beliefs. Hell, their nickname for all black or darker people was guess what....democrat. They thought calling them that in front of me was hilarious. Anyway, what I was getting to about Sessions--we would occasionally have dinner at his neighbors house and he would stop by and what I instantly realized was that he was exactly like the rest of the crew--even more so. The overt way in which he spoke and kidded around about race in front of total strangers was simply appalling to me. Here he was a sitting US Senator and he felt that it was OK to make derogatory and racist remarks while simply assuming my husband and I were just like them. He is a disgrace to the Senate and a disgrace to humanity. In person as in pictures he is terribly unattractive. Ugly on the inside--Ugly on the outside.
May 8, 2009 12:21 AM | Reply | Permalink
That's about what I thought, maybe a little worse from a non-white person's perspective. Since this is kind of anonymous I want to ask you something. You say you share mutual friends with Sessions and his neighbor, your friends and others all share the same proclivity towards racism. If you are so appalled by this racist activity, why is it you socialize with these people still? Why do you share mutual friends with racists?
I just don't get it. Do you just compartmentalize it all like its politics or sports and say it doesn't matter because they are otherwise "good people?"
May 8, 2009 2:12 AM | Reply | Permalink
It's called living life.
May 8, 2009 8:18 AM | Reply | Permalink
Really? Interesting. Glad to see some people around here aren't ashamed to show their true colors.
May 8, 2009 2:02 PM | Reply | Permalink
Thanks for the update. Unlike a lot of others on here, sounds like you speak from experience.
May 8, 2009 8:17 AM | Reply | Permalink
I beg of you, my fellow contrymen: can we not let them just secede?
May 8, 2009 10:27 AM | Reply | Permalink
The problem is, they have all the auto factories now. (/s)
May 11, 2009 1:01 AM | Reply | Permalink
This article and blog has been an eye opener, it confirms our worst fears about Sessions--a white supremacist. However Sessions is not the only legislature with these racist views. I think we will see more and more of the closet racist expose themselves. It is no wonder that the divisions that should have been mended years ago still remain, there are those in high places who need divisions to get elected and keep the status quo. The good news is that a majority of Americans rejected the status quo and divisions when they voted for President Obama, thank God.
May 8, 2009 10:49 AM | Reply | Permalink
Sesssions, one of the last keepers of the White Surpremacy Throne. Lets hope that the younger generations will shake off the cloke of hate.
May 8, 2009 10:52 AM | Reply | Permalink
I have never heard Sessions nequivocally recant his racist stands. That he does not blurt them out does not mean he no longer holds them. Those disgusting sentiments are positively un-American and need to be dis-avowed by his fellow Republican members of the Senate. If they do not and they let this racist continue his hate mongering albeit disguised, they are just as guilty of racism and seem to lack insight into the equality ideal in our constitution. Some of us have to stand up for what is right and Godly and even if I do not reside in his state, his racist history is an affront to all that is American and he needs to be held to account. I shall continue to pray that even if Sessions has had no epiphany regarding racial matters, he will have enough sense to stay even-handed no matter the ethnic makeup of Obama's choice to replace the wonderful justice, David Souter.
May 8, 2009 2:22 PM | Reply | Permalink