"Oh! You're REALLY a racist? That's OK then...I thought you were LYING about being a racist, and I just hate that!"

When we last left Federal Judge Nicholas Garaufis, he had just sentenced a potential juror to jury duty for life because of her racist and anti-police answers on a jury questionnaire. Then many commentators, including Ethics Alarms, pointed out that punishing a woman for her views, however offensive, was an abuse of judicial power. I wrote:

“This was outrageous abuse of power by a judge, and a slam dunk First Amendment violation. Her opinions are ugly, but there is nothing illegal about having ugly opinions, and  government punishment based on a citizen’s opinion is a dangerous Constitutional breach. A judge can’t dictate how a potential juror thinks or what she believes. He can’t take vengeance on a woman who is hateful, either. She has a right to her hate.”

Today the judge released the woman from the lifetime sentence, saying that it really wasn’t her racist views that angered him, but rather that she had made an obvious attempt to get out of jury duty by putting offensive answers on the jury questionnaire. “My ruling was not based in any way upon whether or not you held any racist views. It was apparent you did not tell the truth,” Judge Garaufis told the woman. “You were the only juror who indicated that you had every form of bias imaginable. You were lying to the court in order to be excused.”

Ah, It wasn’t that she was a racist, but that she pretended to be a racist.

What a minute..huh? Continue reading →