The silence displayed by the North Carolina American Civil Liberties Union toward the Duke lacrosse case is deafening. It is amazing that the ACLU, a clever, intelligent, if misleading organization aimed at furthering the liberal agenda through judicial activism, would be dim-witted and arrogant enough to seriously believe that no one would notice their detachment from a case concerning due process that happens to have become a national phenomenon. Does it fit their liberalistic political agenda? Absolutely not. However, it gives conservatives who have been attacking the association a decisive advantage, and, all moral issues aside, that alone is a key reason as to why they should have latched on to the case. Their “wall-of-silence” all but proves that the ACLU is not bringing cases to court for the common good.
At first, this was a “perfect case” for the liberals: a poor, black “exotic dancer” raped by three rich, rowdy, white boys. It was the perfect case to associate with liberal ideology. However, now that it has exploded, no one wants to touch it. The ACLU has no interest in helping these three young men. The case involves a Democratic District Attorney elected by a Democratic African-American faction in the Democratic town of Durham overshadowed by what they picture as the rich, pompous, elitist, and arrogant Caucasians of Duke University. The ACLU, in voicing its concern about District Attorney Michael Nifong, might contribute to the bad reputation of a Democrat. To them, that is unacceptable.
Certainly the idea of standing up for rich, white males is going to be unpopular in a liberal organization such as the ACLU. However, if they are as evenhanded and non-discriminatory about race as they say, then they should have rushed to protect these young men the moment abuse of their civil rights and lack of due process hit the press. At the very least they needed to make a statement condemning Nifong for his abuse of race polarization and prosecutorial immunity for political motivations. For the ACLU, with such a stature, to not make a statement relevant to a case concerning civil rights abuse is a public relations disaster waiting to happen. One would have thought that at least a single intelligent lawyer in the organization would have recognized this and, at best, spoke up and convinced the group to make a statement, or, at the very worst, made an arbitrary statement to defend the legitimacy of the faction.
If the ACLU wishes to leave itself a shred of dignity after their lack of response in this case, then one rule they must stick by is the idea of swapping races. Imagine a white woman accusing three black males of raping her. She proceeds to tell a dozen different stories involving as little as two and as many as twenty rapists. The woman makes blatantly false statements, asserting that one of her accused rapists had a mustache (pictures confirm his denial of ever having a mustache), suggesting that a man over twenty miles away was at the party, and accusing a male who has heaps of exculpatory evidence. Nine months later she “is no longer certain” that there was penile penetration. The District Attorney proceeds to prosecute the case on this white woman’s word. With that mental image, can anyone seriously believe that the ACLU would have reacted the same? Would you suggest, with a straight face, that they would have made no comment on the issue? They would have jumped on the bandwagon the moment the DNA tests came back negative. That is the true racism at hand here.
This all boils down to a considerable dilemma. They can either sit back and make no statement, as if nothing significant has happened, in order to protect liberal ideals, or they can do what is morally right and “defend the guarantees of individual liberty found in the North Carolina Constitution and the US Constitution … equal protection under law for all people, the right to privacy, the right to due process of law, and the right to be free from unreasonable search and seizure” as their mission statement says they supposedly do.