Scott Johnson: What About Duke's Gang of 88?

June 17, 2007

http://powerlineblog.com/

Mike Nifong

As John notes below, the organized bar of North Carolina has roused itself to administer justice to Durham Country District Attorney Michael Nifong. In disbarring him, the disciplinary committee imposed the maximum punishment available. Disbarment is the professional equivalent of capital punishment. Professor K.C. Johnson has been the indispensable chronicler of the case at Durham-in-Wonderland. Professor Johnson concludes his Sunday roundup on the disciplinary proceeding with the statement of Steven Michael, the president of the North Carolina state bar:

In my experience, misconduct of the sort Mr. Nifong engaged in is very rare and not at all typical of prosecutors in our state. We deeply regret the serious harm caused to these young men and their families. We hope the decision today will lessen the likelihood that anything like this will happen again.

The Bar’s strong response to this situation made clear that the ethical rules restricting pretrial public comment and requiring prosecutors to turn over exculpatory evidence will be strictly enforced. Those rules are important because they ensure the fundamental right to a fair trial that every citizen is guaranteed in our constitution.

And yet Nifong's misconduct was not the only professional misconduct that occurred in connection with the case. Who can forget Duke's Gang of 88 radical professors that supported the on-campus lynch mob that issued "wanted" posters of the lacrosse players? In good postmodern style, the Gang of 88 has attempted to put its past under erasure (Professor Johnson commented here), but Duke students who exceed the Gang in maturity and responsibility remember. When he checked in with one member of the Gang of 88 last fall, Professor Johnson reported:

I e-mailed Professor Curtis last week, to ask if in light of the many facts that have emerged since April 6 she entertained any second thoughts about signing the Group of 88's statement. I also asked if she had considered making a public statement supporting due process for the accused students.

She did not reply.

It is a remarkable fact of the Duke case that the legal profession has acquitted itself with greater honor than the professoriate.

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Posted by Scott at 07:08 AM