Churchill Snatches Victory From The Slack-Jaws of CU


The jury has reached its verdict: The University of Colorado at Boulder improperly fired Ethnics Studies professor Ward Churchill; the jury awards Churchill One Dollar in damages.

Since we've made no effort to hide our contempt for CU attorney Patrick O'Rourke's mishandling of his defense of CU, it should come as no surprise to our readers that we now lay CU's defeat directly at O'Rourke's clown shoes. Churchill did not win this case; O'Rourke lost it. And since all problems can be traced back to management, CU is the ultimate perpetrator of this four-year (some would say 20-year) farce.

CU's Achilles' heel has always been its own sloth and incompetence, in the hiring process, the investigatory process, and finally, in the legal defense process. CU administrators were aware that Churchill's scholarship qualifications consisted of a few mostly co-authored screeds on the usual leftist memes, and a masters degree in a bonehead major from an experimental college, yet they hired him as an Ethnic Studies professor with tenure. And CU administrators were made aware of serious problems with Churchill's version(s) of history long before the "Little Eichmanns" essay re-emerged from obscurity back in January 2005, yet they did nothing.

It took the public outrage surrounding that essay to finally goad CU into action, putting into motion a process that lasted four years. Churchill had every opportunity to present his case, and in every instance he failed. His termination back in 2007 was the result, as was his inevitable suit against CU, the conclusion of which we have before us today.

Once the initial public outrage faded, unfortunately, CU returned to its happy place: sloth and incompetence. During the trial, David Lane used CU's own witnesses to illustrate those qualities, and CU's attorney, Patrick O'Rourke was unable to counter Lane's sallies simply because O'Rourke exemplifies CU's commitment to sloth and incompetence. Perhaps he is a shark feared by medical litigants worldwide, but in a civil rights case with a very obvious villain (and admittedly a less-than-sympathetic good guy), O'Rourke was hopelessly outmatched.

And so, of course, Churchill won. It is a sad commentary that CU was unable to defeat a documented plagiarist and historical fraud, but we consider it the inevitable result of decades of sloth and incompetence. As others have noted with elegant simplicity, CU deserves Churchill. The question Colorado voters (and CU alumni) must now ask themselves is equally simple: Does CU deserve their support?


An aside: For the first time in at least two years, we've been listening to the live feed of KHOW radio (to hear of the verdict as soon as possible). The station features the show Caplis & Silverman, who for the past few days have seemed convinced that CU needed to slam the jury with sound-bite after sound-bite of Churchill's many incendiary remarks. We doubt few things O'Rourke could have done would have helped Churchill's case more, but this is one of those things. CU dwelling on Churchill's outrageous remarks would have further convinced the jury that CU's firing of Churchill was motivated by those remarks rather than by outrage at his plagiarism, his unethical ghostwriting practices, and his historical fraud.

Can you say 'comprachico'?

Update: Race To The Bottom reports that whether Churchill actually gets his job back at CU is a decision Judge Naves will make in 30 days, during which time attorneys for Churchill and CU may file motions.

Update II: The Daily Camera's John Aguilar notes (ht SidtheSquid)

Chief Denver District Judge Larry Naves will decide at a separate hearing whether Churchill, 61, is reinstated at CU or given a lump sum of money instead.

Update III: Sorry, Ward, but the position of University Fool is already taken (ht Leah) But they'll no-doubt keep your application on file should similar openings become available in the future.

Update IV: University of Denver Law Professor Thomas D. Russell reminds us that we posted his astute predictions of a low damages award way back in November, 2006.

Update V: Michelle Malkin has linked to this post (thanks, Michelle!), and one of her commenters generously notes

I am anticipating sanctimonious whining from Churchill, to which I graciously offer to increase his award by 25% so he can call someone who cares.

Update VI: The Daily Camera is reporting that former CU President Hank Brown says Churchill's return to CU "would be a travesty"

Update VII: Denver's 9News reports (emphasis ours)

The judge will now decide whether Churchill will return and begin teaching at CU again. His attorney, David Lane, says that is what Churchill wants. Lane says if CU opposes, there will be a hearing.

CU says it will oppose his return to the classroom, but wouldn't provide specifics.

Lane says the judge has no choice but to let Churchill teach again at CU. Lane says if Churchill is reinstated and CU doesn't give him back something equivalent to his old job, that would be grounds for another lawsuit.


Update VIII: Drunkablog has a transcript of sorts of one of the Churchill jurors (who sounded like a 19-year-old Valley girl) interviewed this afternoon on KHOW's Caplis & Silverman show
Excerpt:

B[ethany]: All of us wanted to give him money except for one... There was only one who didn't want to give him money, so we sat there for hours....

[...]

B: None of the questions had to do with academic misconduct, which I thought were not the point... I didn't think the academic mis[conduct] charges were enough to fire him...

[...]

S[ilverman]: What did you think of his 9/11 essay?

B: I can see how people would be hurt by it, but I think he made some good points....

S: Did you believe Wart when he said he didn't support terrorism?

B (after hesitating): I did.
Update IX: Little Green Footballs links to us (Thanks, Charles!) and a commenter there says
I think [CU] presented a half-hearted defense for a simple reason -- a full-throated defense would mean going to war against most of their race/gender/literature departments.

If they pounded his lack of scholarship and dearth of evidence behind his "work", they would be holding him to a standard that many in their humanities departments cannot meet. It would fundamentally change the admin vs. faculty relationship forever. Many of them would see that they could be fired too, and would preemptively undermine the faculty from this day forward.
Update X: We have a new post up, covering The Aftermath



Comments are open and unmoderated, and do not necessarily reflect the views of PirateBallerina. Obscene, abusive, threatening, silly, or annoying remarks may be deleted, but the fact that particular comments remain on the site in no way constitutes an endorsement of their views by PirateBallerina.

Hey JW! You called it. Do you think CU will appeal this verdict?

  — Boe Simpson - 02 April '09 - 16:36
Didn't Churchill repeatedly say that he was going to "own" CU after the trial? How much university do you get for $1?

  — Leah - 02 April '09 - 16:38
Good point, Leah. If I had to guess, I'd say you could get one or two Ethnic Studies professors, but nothing more substantial than that.



And Boe: I don't think so. But we'll know the actual answer to that question in about 30 days.

  — jwpaine () (URL) - 02 April '09 - 16:44
Why do I keep flashing back to that time Ward compared the president of Hamilton University to a "two dollar whore"?

  — Noj - 02 April '09 - 16:46
What is the situation regarding W.C. using this verdict to get his job back? Does it equate to being reinstated if he wants to be, merely help it, or not matter much?

  — [Wm T Sherman] - 02 April '09 - 16:49
That's a decision Judge Naves will be making at the end of the 30 days of attorney motions, General.

  — jwpaine () (URL) - 02 April '09 - 16:52
From the Camera



"Chief Denver District Judge Larry Naves will decide at a separate hearing whether Churchill, 61, is reinstated at CU or given a lump sum of money instead"

  — SidtheSquid () - 02 April '09 - 16:59
So Jim, maybe its time you actually went public with your identity? I don't think you have to worry about Churchill or anyone else publicly accosting you anymore.

  — Grant Crowell () - 02 April '09 - 17:04
My friend had the same verdict when the police broke his hand while he was filming them break the arm of a UCalifornia student senator at an antiwar rally. The judge awarded the case to him but he got $1 because he supposedly disrespected the officer in an online posting.

  — Hilda - 02 April '09 - 17:06
$1 for 20 months out of work. Isn't that a little high for an Ethnic Studies professor?

  — Retired Bill - 02 April '09 - 17:06
I know I can take that story to the bank, 'Hilda,' just like all your other stories about things that happened to people that you know personally.



I find your views intriguing and would like to subscribe to your newsletter.

  — [Wm T Sherman] - 02 April '09 - 17:16
Grant: Huh?



Hilda: Always relevant.

  — jgm () (URL) - 02 April '09 - 17:18
Sigh. Ya got me, Grant.



Okay, here goes: My name is actually Jim Paine. I've been using the pseudonym "jwpaine" to divert attention from me, and to avoid retaliation from the forces of E-ville. I apologize to all those whose minds were clouded by my adoption of the admittedly deceptive "jwpaine" pseudonym.



Gotta go now. It's gonna be a lot of work disappearing all those posts I published as "jwpaine".

  — jwpaine () (URL) - 02 April '09 - 17:21
Well, the position of CU "University Fool" is already taken, so Churchill is out of luck there.

http://www.dailycamera.com/news/2009/mar/31/cu-history-professor-play-university-fool/

  — Leah - 02 April '09 - 17:25
A while back, I predicted little in the way of damages: http://www.pirateballerina.com/blog/entry.php?id=488

  — Tom Russell - 02 April '09 - 17:30
You've covered WC better than anyone else, anywhere.



Thanks for a job well done.



You know, the fat lady hasn't sung yet, so keep at it.

  — Sigmund,Carl and Alfred () (URL) - 02 April '09 - 17:31
"Former University of Colorado Professor Ward Churchill hugs a supporter"



http://www.dailycamera.com/photos/galleries/2009/apr/02/photo-gallery-churchill-trial-april-2/20442/



That is Ward's step-daughter Akilah, who is thinking "$1! Ward told me he was going to get millions. Does this mean my husband and I are going to have to get real jobs and become little Eichmanns?"

  — Leah - 02 April '09 - 17:35
Lane asked the jury to decide what Churchill's reputation was worth.



The jury has spoken.

  — Just Desserts - 02 April '09 - 17:36
Leah: Would that be the same "independent scholar" Akilah who signed all those Unfire Ward Churchill petitions?

  — jwpaine () (URL) - 02 April '09 - 17:44
Yes, that is Akilah. She is such a great scholar that it took her seven years to graduate from a private liberal arts college (Davidson) that caters to upper class youth. I guess the private Paideias School (tuition $18K a year) didn't give her a good enough education to be able to graduate in the normal four years. It is interesting that Ward and Nutso are always pretending to be in solidarity with the working class and oppressed people of color, but yet they always behave exactly like the little Eichmanns (private schools, McMansions, expensive furniture, etc) that they make a living complaining about.

Akilah's husband Jed is working as a UHW (United Health care Workers) Representative in Santa Rosa, CA. Who knows what Akilah is doing in Santa Rosa, perhaps attending "Granola University" as Sonoma State is called. Even Akilah should be able to graduate on time from one of their programs. SSU's student body is mainly composed of silly liberals, who weren't able to get into the University of California. I guess that they must have pretty flexible work hours, since Jed and Akilah attended most of the nearly month long trial.

  — Leah - 02 April '09 - 18:22
Second S, C & A.

  — jgm () (URL) - 02 April '09 - 19:08
Hey Jim! Caplis & Silverman were stating that the $1.00 award was proof that the jury believed that the Perfesser was a fraud. A Female juror came on their program right before sign-off time and said that wasn't the case. Quite frankly she confused the crap out of this ole dude because I couldn't make head or tails out of her answers to their questions. Caplis & Silverman seem to believe that the Perfesser will not get his job back after O'Rourke presents more damaging evidence to the judge; ie: the tapes of the Perfesser advocating terrorism. We shall see.

  — Boe Simpson - 02 April '09 - 19:12
By the way, when Charles Johnson and I met, the fire was . . . oh, the hell with it.

  — jgm () (URL) - 02 April '09 - 19:14
DELETED

  — Hilda - 02 April '09 - 19:50
Wow, consider my words dutifully eaten. Churchill actually found a group of people outside of an Ethnic Studies department to vote unanimously that his academic fraud and fabrication don't matter.



Congratulations Ward Churchill. I hope that the judge gives him back his job, and that CU gets exactly what it signed up for when it hired him in the first place.

  — Klaymore () - 02 April '09 - 22:39
I feel sorry for people who pay tuition and go to college expecting a decent education. Ward Churchill's sicko liberal views make vocational trade school look much more appealing.

  — Lyn () (URL) - 03 April '09 - 07:49
I feel sorry for people who care this much about that moron. Well, no I don't.

  — Xanthippas () (URL) - 03 April '09 - 08:40
It's not just that moron, Xan; it's the concept of American academic integrity and standards. Churchill represents the slide of the American mind into mediocrity. People who don't care about standards deserve what they end up with; i.e., Churchill.

  — Klaymore () - 04 April '09 - 21:11

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