UPDATE: New smear campaign puts first Muslim appellate nominee in jeopardy
Republicans first attempted to sink the nomination of Adeel Mangi, who would be the first Muslim American to serve on a federal appellate court, on allegations that he was an anti-semitic terrorist sympathizer. During Mangi's December 13, 2023 confirmation hearing, Republican Senators asked Mangi if he "celebrated 9/11" or "condemned the atrocities of Hamas terrorists."
The pretext for these attacks was Mangi's role as an advisory board member for the Rutgers Center for Security, Race and Rights, which is part of Rutgers Law School, from 2019 to 2023. The Center held an event on the 20th anniversary of 9/11, which included several controversial speakers, including one, Sami Al-Arian, an activist who pled guilty to providing support to the Palestinian Islamic Jihad. But Mangi did not attend the event, had no involvement in the planning, and was not even aware that it occurred. His role on the advisory board involved recommending topics for academic research and "did not extend to or include providing advice or approval on the selection of speakers, speaker events, lectures, or workshops."
This attenuated attack fell flat when major Jewish groups — including the Anti-Defamation League, the American Jewish Committee, and the National Council of Jewish Women — defended Mangi and condemned the Islamophobic smear campaign. Mangi frequently volunteered his time representing cross-faith groups, including Jewish groups, on important legal issues.
So Mangi's opponents went back to the drawing board. The new line of attack was that Mangi was anti-police, another attempt to vilify Mangi based on an anti-Muslim trope. This was not an issue that Mangi was asked about during his confirmation hearing.
The new smear sought to exploit Mangi's position as an advisory board member to the Alliance of Families for Justice (AFJ), a group that advocates for the rights of incarcerated people and their families. Republicans on the Senate Judiciary Committee now claim his role with AFJ means he has "ties to cop killers."
Mangi's substantive work with AFJ is laudable. He was connected with the group when "he represented the family of Karl Taylor, an incarcerated man who was killed by corrections officers." After a trial, Mangi negotiated an out-of-court settlement for the family of Taylor. It was "the largest settlement in New York state’s history for the death of an incarcerated person" and also included substantive reforms to improve the safety at the prison where Taylor died.
After the Taylor settlement, Mangi was invited to join AFJ's advisory board, which never met. Mangi's opponents now claim he is anti-police because AFJ has a fellowship named after Kathy Boudin, a former member of the radical group Weather Underground "who served time in prison for her role in a 1981 robbery that left two police officers dead." Left out of the narrative was the fact Boudin spent 22 years in prison and expressed remorse for her role in the incident, calling it "flawed and wrong." Boudin, who died in 2022, spent much of the rest of her life advocating for incarcerated people. AFJ's fellowship was named after her based on that advocacy, not to celebrate her criminal past. In any event, Mangi had nothing to do with the fellowship or the decision to name it after Boudin.
The other issue was AFJ's advocacy for the release of Mumia Abu-Jamal, a former Black Panther who was convicted of killing a police officer in 1981. But AFJ called for the release of Abu-Jamal and others in 2021 because he contracted COVID, has congenital heart disease, and was at risk of dying in prison. But again, Mangi had nothing to do with it. Since Mangi joined, the AFJ advisory board has never even met.
Mangi recently sent a letter last month to Senator Cory Booker (D-NJ), who supports Mangi's nomination, to correct the record about his affiliation with AFJ. "Crimes against law enforcement officers are horrific and indefensible," Mangi wrote. "I have not represented or otherwise provided legal services to any individual convicted of killing a law enforcement officer. I condemn any violence against law enforcement officers without equivocation."
Merits aside, this newest attack against Mangi appears to be working.
Nevada Democrats oppose Mangi, severely imperiling his nomination
The Democratic caucus has a 51-49 majority in the Senate, and judicial nominees cannot be filibustered. So if the caucus stays together, Mangi will be confirmed. But that is not happening.
Republicans are rolling out letters from law enforcement groups to bolster their attacks on Mangi. In a March 28 press release, Senate Republicans announced, "Pennsylvania Police Groups Oppose Adeel Mangi for the Third Circuit for Ties to Philly Cop Killer, Organizations represent more than 40,000 Pennsylvania police officers." The press release featured opposition by the Pennsylvania Fraternal Order of Police (FOP), which made the outlandish claim that Mangi's confirmation would "set a dangerous precedent that supporters of cop killings can rise to a bench that is one step from the United States Supreme Court." But the Pennsylvania FOP is a right-wing political group that consistently supports Republican causes and candidates, including Donald Trump.
Meanwhile, numerous other law enforcement groups, including the International Law Enforcement Officers Association, the Italian American Police Society of New Jersey, and the National Organization of Black Law Enforcement Executives, have endorsed Mangi. But the Republican tactics are bearing fruit.
Senator Catherine Cortez Masto (D-NV) announced her opposition to Mangi because his "affiliation with the Alliance of Families for Justice is deeply concerning." Cortez Masto cited AFJ's "fellowship in the name of Kathy Boudin" and advocacy "for the release of individuals convicted of killing police officers." Senator Jacky Rosen (D-NV), followed suit, stating that she is "not planning to vote to confirm" Mangi based on "concerns I've heard from law enforcement in Nevada." Rosen did not disclose which groups expressed concerns.
If all Republican Senators oppose Mangi, the opposition by Cortez Masto and Rosen is enough to sink Mangi's nomination. But Senator Joe Manchin (D-WV) also said he was opposed to Mangi, saying that Mangi was "out of my wheelhouse."
Cortez Masto, Rosen, and Manchin all voted to confirm Anuraag Singhal, who was nominated to be a federal district court judge in Florida by Trump. Singhal "represented Jeffrey Lee Weaver, who was charged with murdering Fort Lauderdale, Florida, police officer Bryant Peney" and asked the jury to "find some love in your heart for Jeff Weaver" and spare him the death penalty. There is nothing wrong with providing legal advocacy for someone accused or convicted of killing a police officer. But that is not something Mangi has actually done.
What a crowd-sourced reporting project revealed about how the Senate works
On March 20, when Mangi's nomination was imperiled by anonymous Democratic Senators, Popular Information asked readers to contact their Senators and ask for their position on Mangi. Thousands of readers participated, and the results were revealing.
In response to inquiries, only Senator Chris Van Hollen (D-MD) committed to supporting Mangi. With the exception of those who announced their opposition, the rest refused to take a firm position. Here is a representative response from Senator Martin Heinrich (D-NM):
On January 18, 2023, the Senate Committee on the Judiciary advanced Mangi’s nomination by a vote of 11 to 10. His nomination is now awaiting consideration by the full U.S. Senate. We should hold judicial nominees to the highest standards of integrity, professionalism, and experience. I will keep these principles and the best interest of New Mexicans in mind when the United States Senate considers Mr. Mangi’s nomination.
What is happening?
The Judicial Crisis Network (JCN), a right-wing dark money group, began running ads targeting "antisemite Adeel Mangi." The spending on these ads is relatively minimal, about $50,000. But it is a shot across the bow. It is a message that anyone who supports Mangi will be subject to harshly negative attacks.
If a vote on Mangi's nomination is held, most Democratic Senators would likely vote for him. But these same Democrats realize that, with key Senators opposing his nomination, Mangi may drop out before a vote is held. Therefore, Senators are trying to avoid taking a position unless it's necessary.
This creates a destructive dynamic. Republicans and some Democrats are speaking out against Mangi, but most of Mangi's likely supporters are staying silent. It makes it virtually impossible for Mangi's nomination to gain the momentum it needs.
Mangi's nomination is not officially dead, but, at this point, his best hope is to win the support of a handful of Republicans who sometimes cross party lines, including Senators Mitt Romney (R-UT), Susan Collins (R-ME) and Lisa Murkowski (R-AK). Murkowski has publicly said she is undecided.
Everyone who supported or supports the Jan 6 attack on the Capitol and its instigators, thereby supports insurrectionists who attacked and caused the death of police officers. It is the height (or depth?) of hypocrisy for those very people to claim they oppose Adeel Mangi based on flimsy indirect connections.
Manchin…”Not in my wheelhouse”? The comment made me do a bit of research on his Mangi position. His reasoning is infuriating and bogus. On his way out he is doing even more harm than when in office.