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Anita Hill speaks out

Clarence Thomas has written a memoir in which he angrily recounts his rather contentious confirmation hearings. Anita Hill sets the record straight with regard to his claims about her:

I stand by my testimony.

Justice Thomas has every right to present himself as he wishes in his new memoir, “My Grandfather’s Son.” He may even be entitled to feel abused by the confirmation process that led to his appointment to the Supreme Court.

But I will not stand by silently and allow him, in his anger, to reinvent me.

In the portion of his book that addresses my role in the Senate hearings into his nomination, Justice Thomas offers a litany of unsubstantiated representations and outright smears that Republican senators made about me when I testified before the Judiciary Committee — that I was a “combative left-winger” who was “touchy” and prone to overreacting to “slights.” A number of independent authors have shown those attacks to be baseless. What’s more, their reports draw on the experiences of others who were familiar with Mr. Thomas’s behavior, and who came forward after the hearings. It’s no longer my word against his.

Justice Thomas’s characterization of me is also hobbled by blatant inconsistencies. He claims, for instance, that I was a mediocre employee who had a job in the federal government only because he had “given it” to me. He ignores the reality: I was fully qualified to work in the government, having graduated from Yale Law School (his alma mater, which he calls one of the finest in the country), and passed the District of Columbia Bar exam, one of the toughest in the nation.

In 1981, when Mr. Thomas approached me about working for him, I was an associate in good standing at a Washington law firm. In 1991, the partner in charge of associate development informed Mr. Thomas’s mentor, Senator John Danforth of Missouri, that any assertions to the contrary were untrue. Yet, Mr. Thomas insists that I was “asked to leave” the firm.

It’s worth noting, too, that Mr. Thomas hired me not once, but twice while he was in the Reagan administration — first at the Department of Education and then at the Equal Employment Opportunity Commission. After two years of working directly for him, I left Washington and returned home to Oklahoma to begin my teaching career.

That’s a common tactic of harassers — casting the complainant as someone who was in trouble at work, who had performance or attitude problems, who’s making the accusations to get back at her supervisor or to prevent being fired (in fact, I just did a trial in which a high-level supervisor, who had been fired after being accused by not one but two of his direct reports of sexually harassing them, claimed he was wrongfully terminated because the two employees were lying, that he had all this evidence (that somehow was mysteriously never put before the court or, for that matter, anyone else in the company that would have to approve termination) that they were both about to get fired, they just wanted to get back at him, etc. Utterly classic). It’s a way of impugning credibility. And, as Hill notes, in the past, it was difficult to fight against your supervisor because courts and higher-ups had a tendency to believe the person with the greater authority (now, employers pretty much have a duty to at least investigate complaints).

But Thomas didn’t just repeat long-discredited lies about Hill’s competence. He also smeared her character:

In a particularly nasty blow, Justice Thomas attacked my religious conviction, telling “60 Minutes” this weekend, “She was not the demure, religious, conservative person that they portrayed.” Perhaps he conveniently forgot that he wrote a letter of recommendation for me to work at the law school at Oral Roberts University, in Tulsa. I remained at that evangelical Christian university for three years, until the law school was sold to Liberty University, in Lynchburg, Va., another Christian college. Along with other faculty members, I was asked to consider a position there, but I decided to remain near my family in Oklahoma.

Back when David Brock was still a tool of the Right Wing Noise Machine, he wrote an infamous 1992 piece for the American Spectator called “The Real Anita Hill,” in which he characterized her, memorably but falsely, as “a little bit nutty and a little bit slutty.” In Blinded By The Right, he explained how he smeared her:

While these two sections were skewed, they were plausible interpretations of the written record. As is always the case with sexual harassment, there were weak spots in the story told by Hill and her witnesses, and I portrayed them as intentional lies. But I still had a problem that caused me to overreach. If Thomas was completely innocent, Anita Hill would have had to be insane to go on national television and tell a lie under oath. Grasping for an explanation of the inexplicable, doing everything I could to ruin Hill’s credibility, I took a scattershot approach, dumping virtually every derogatory—and often contradictory—allegation I had collected on Hill from the Thomas camp into the mix. Hill was an ambitious incompetent passed over by Thomas for a promotion. She was “kooky.” She was a man-hater. She had a “perverse desire for male attention.” She had a “love-hate” complex with Thomas. She made “bizarre” sexual comments to students and coworkers. She sprinkled pubic hairs in her law students’ term papers. She was, in my words, “a little bit nutty and a little bit slutty.”

The fact that this construct of Hill gained traction had a lot to do with how women who complain about sexual harassment are perceived — and the fact that Thomas is repeating these themes even today, even after 15 years on the Supreme Court because Hill’s testimony failed to stop his nomination, even after Brock admitted that he made up a whole lot of shit that just sounded right — is not only disheartening, but worrisome given Thomas’s position on the Supreme Court. (Okay, not that anyone expects him to find in favor of plaintiffs in sexual-harassment cases, but still.)

Despite the attacks on her, though, Hill’s bravery and dignity in testifying and withstanding the smear machine were something to see. I worked at a newspaper at the time of the hearings, which occurred the year after I left college, and we were all glued to the TV in the conference room — as we made our deadlines, we’d head into the conference room. More than once, I was glad that Hill was a professor, and thus was addressed as “Professor Hill,” since I’d seen and heard the contempt some of those Senators could put into a multisyllabic “Ms.” And despite all the aspersions cast on her competence and her character and the speculation about what she wanted from all of this, she went back to her work and her life in Oklahoma and quietly succeeded in her field. She doesn’t speak out about Thomas often, but when she does, it’s worth paying attention to.


29 thoughts on Anita Hill speaks out

  1. God, I wish to never relive those days (sophomore or junior year of college): my opinion then was that they should have taken the quicker/less painful route of denying him for being an inexperienced radical rather than have the Senate Judiciary Committee try to conuct a panel hearing on a sexual harassment case.

    That was the confirmation hearing where he actually said, under oath, that he had never thought about or discussed Roe v. Wade and he would consider all relevant factors blah blah. Apparently the Democrats never learned, because since then we’ve gotten Alito and Roberts.

  2. I saw that! I’ve been having access problems with the site today, so I haven’t yet posted it. It was enough fun getting this one finished with all the hang-ups.

    That was the confirmation hearing where he actually said, under oath, that he had never thought about or discussed Roe v. Wade and he would consider all relevant factors blah blah.

    Oh, lord, yes. And he was at Yale Law at the time, too. Somehow he never heard anyone else talking about it, either.

    What a crock of shit. The OJ trial was going on when I was in law school, and while the students weren’t all that terribly interested in it (it really wasn’t all that interesting, legally), you still heard about it. I can’t even imagine not hearing about something with Actual Constitutional Issues like Roe v. Wade in that environment.

  3. Thomas was a disgrace then and even worse now. Good on Professor Hill, for continuing to stand up. She’s even more credible than she was then; HER story hasn’t changed over the years!

  4. One thing (among many) that saddens me about the Clarence Thomas-Anita Hill hearings is that I think she was actually believed. (Her stories were too specific and unique to have anything other than the ring of truth, and her professional standing was such that there was just no way she was making it up.) Even so, the truth just didn’t matter. The old white men on Capitol hill didn’t much care that Thomas sexually harassed his subordinates. Then, Thomas made his lynching speech, daring anyone to contradict him and thereby show themselves to be a big old racist. Guess it’s way worse to be a faux-racist than an actual sexist.

  5. I recall the hearings, though oddly. I was in my first year of law school, and took time away from classes due to the death of my uncle in Annapolis. To take our minds off of the sad event of the day, many of the men and women of my tribe gathered in a living room to watch some of the proceedings after the funeral.

    The men believed Professor Hill; the women each thought she was lying.

    Here’s what I cannot get past – two things, actually.

    1) The events took place in the EEOC – the very agency that enforces these laws! This fact has been insufficiently stressed. It’s like hearing that the head of the Justice Department committed perjury. Oh, wait…. While I can imagine work environments where among friends or relative equals, jokes about “Long Dong Silver” or pubic hair jokes would not constitute harassment, that office was the one place where such foolishness should never be part even of an informal work environment.

    2) To compare a tough interrogation – something that as an Yale Law graduate Thomas should have known a bit about – with victims of “lynching” is horrendous. Even if the Democratic Senators had been unfair – I don’t think so but even if – you don’t get 47+ of your allies to back you up when you get lynched. Plus when you get lynched you get killed, not exposed humiliatingly by your former subordinates. Attacking her religiously was beyond the pale in this book; how religious she was or was not is not fair game, and even mentioning it now suggests an illegal intent to discriminate then, even if she was a political appointee. (Again, the prior EEOC comment.)

  6. In some ways, though, the EEOC is the perfect place to do something like that, because who are you going to believe? The head of the EEOC or some incompetent, nutty/slutty underling? IIRC, she worked there with him during the late 70s/early 80s, when the agency was probably more concerned with affirmative action than with sexual-harassment, and long before anyone worked out that sexual harassment is a form of gender discrimination.

  7. I have to say that I’m not sure whether I want to punch David Brock in the face for his smear campaign or applaud him for his honesty. I’m sure that the latter is the right thing to do, but damn me and my tendencies towards imagined violence.

  8. norbizness nails it. Turning the hearings into a sexual harassment trail was a huge mistake. Thomas was manifestly unfit to serve and that is more than enough reason to deny him a seat on the Supreme Court. Enough already with pretending that judicial philosophy doesn’t matter.

  9. Wouldn’t Thomas have been in his second year of law school when Roe came down? Can he pretend it wasn’t in his 1L curriculum?

    There’s another line in the Post article that I find extremely illuminating: Thomas *hates* affirmative action because he believes that it robbed him of his accomplishments at Yale.

  10. As I said in my own blog,several things really made me feel that Thomas was the poorest choice — (a) his declaration that he never thought about Roe v. Wade, which would make him either extraordinarily incurious and eminently unsuited to be a sitting Justice of the most important Court in our nation, or he feels that his lying to the U.S. Congress to further his career is acceptable, which also makes him eminently unsuitable for the post; (b) his declaration about being “lynched” indicated that he would not be impartial on cases brought before him, and would be unsuited to be a judge at *any* level, and (c) that Hill had no reason lie and every reason to have kept quiet — she had no gain if she lied.

    I’m glad she was able to get a forum to show Thomas for the liar he is.

  11. I don’t think sexual harassment, per se, was against the law while Anita Hill & Clarence Thomas were at EEOC.

    Also, I hate David Brock for what he did to Anita Hill. And he never came out and specifically apologized to her for what he’d done.

    Turning the hearing into a sexual harassment “trial” was brilliant. The old white men knew Hill would not be believed. It distracted from the real problems with Thomas and why he shouldn’t have been confirmed.

    His “memoir” is nothing more than a continuation of the tantrum he’s been having over this for twenty years.

  12. I don’t believe her. I’ve worked for schmucks, and they tend not to just harass one person. I know at least two people who clerked for Thomas (including one woman), and the all said not only was he a gentleman, but that he was very pleasant and friendly and normal. Hill, on the other hand, well, frankly Brock’s recantation ignores that her Oklahoma Law Students’ complaints of her nuttiness may have been true, even if some other allegations were obiter dicta.

  13. Comment #15 is total crap, as most people reading this already know. Workplace bullies tend to have the exact pattern of harrassing just one person– when that person quits they move on to someone else. (They also frequently have a pattern of bullying people more competent than themselves, which may or may not apply here.)

    Workplace bullies are also very charming when they want to be. Being highly manipulative, they can sometimes turn the entire workplace against their victim. And no one believes the victim’s story because the bully is so charming. bullyonline.org has some detailed descriptions of the behaviour of workplace bullies.

    (I haven’t been victimised like this, but I’ve watched it happen by someone I shared an office with. The POS in question picked on four different women and forced them all to quit. In the space of eight months. He wasn’t even in management but for some reason management kept believing his stories– I have never understood what happened there, it was quite fishy. He wasn’t even all that charming, he was kind of too stupid to be REALLY good at manipulating.)

  14. Roach, your statement is logically inconsistent. I don’t know your basis for claiming that harassers (what you call schmucks) are usually or always serial harassers. In my view, the opposite is likely to be true: they target someone that they can keep vulnerable, not multiple targets at once that can bolster each others’ stories.

    But even if I am wrong and you are right, the fact that Thomas may not have harassed every single female law clerk in the years after he was appointed as a judge does not mean that he did not refute Hill’s story – at all. Harassers, like the rest of us, are context driven in how we deal with people.

    Hill may be “nutty,” i.e. unusual in her style, and still have been harassed. Law professors as a group are not a randomly selected pool of people. Hill may have become nutty – if true – just as Thomas may have harassed and then not done it any more. Or the law students may have been nutty – talk about a non-standard, high-strung population. Who’s to say that they were not doing a “low-tech lynching” on her?

    Roach, this is weak.

  15. But even if I am wrong and you are right, the fact that Thomas may not have harassed every single female law clerk in the years after he was appointed as a judge does not mean that he did not refute Hill’s story – at all. Harassers, like the rest of us, are context driven in how we deal with people.

    Right. And keep in mind that when Hill worked for Thomas, he wasn’t a judge, and the EEOC was very small — it may have been just the two of them in the office. And he was the boss. There was no chief judge to appeal to, and even if she had someone to go to, sexual harassment wasn’t really considered a problem worth addressing at the time.

  16. Where are the legions of harassment victims after Hill left? They did not exist. It’s not dispositive that she’s an outlier, but the evidence is contextual and circumstantial. Do you think the idea that he did this once and only once unlike every harasser I’ve known and seen in the workplace–that’s my source, btw, Bruce, real life experience?

    Believe what you want. Anything’s possible. But if it’s “he said, she said” you have to look beyond the testimony which cancels itself out. I mean, it’s not like you all believed Paula Jones or Juanita Broderick who accused Bill Clinton of groping and raping respectively. And it’s not like there was not a heck of a lot more context and reinforcing parallel behavior in those cases.

  17. If any of his other victims watched Anita Hill, and what she went through-why the hell would they want to come forward? They would just be putting themselves out there to get insulted, attacked, harassed, etc. That doesn’t mean there weren’t/aren’t other victims.

    Roach, what are you, Clarence’s best friend? You really think that you can speak to who he did or did not harass? Are you psychic? No? Then how would you know what he did or didn’t do? You don’t.

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  19. Believe what you want. Anything’s possible. But if it’s “he said, she said” you have to look beyond the testimony which cancels itself out. I mean, it’s not like you all believed Paula Jones or Juanita Broderick who accused Bill Clinton of groping and raping respectively. And it’s not like there was not a heck of a lot more context and reinforcing parallel behavior in those cases.

    Well, unlike Hill, Jones and Broaddrick were put forth and financed by people actively engaged in trying to bring Clinton down, which rather diminishes their credibility somewhat. Hill testified reluctantly after having been subpoenaed, IIRC.

    And what buggle said: who the hell else *would* make a complaint against Thomas after what happened to Hill?

  20. Yeah, you’re right, Hill was subpoenad and had no contact with NOW and other groups before her testimony. Right. And Kathleen Willey was lying too.

  21. Willey acknowledged she was lying, and the Independent Counsel decided not to prosecute her for providing false testimony (she gave two contradictory versions of her story under oath). Even Linda Tripp didn’t believe that she was raped.

    Broaddrick’s claim to Dateline that Clinton had raped her contradicted her sworn statement a year earlier, given to Jones’s lawyers, that Clinton had never assaulted her. She recanted that affidavit, but it remains the only sworn testimony she’s given on the matter. The FBI found her statements inconclusive.

    Hill was subpoenad and had no contact with NOW and other groups before her testimony.

    She was, in fact, under subpoena to the Judiciary Committee. Any involvement by anyone else prior to her testimony had more to do with information leaked to Nina Totenberg and Timothy Phelps than any sort of conspiracy.

  22. Uh, didn’t other women who were harassed by Thomas come forward? It’s been a while since I read Abramson’s book, and I might be confusing all of the people Hill confided in at the time of the harassment that they detailed with other victims, but I think I remember other victims as well. Also, way to go Clarence, “mediocre” is real nice racial coding for the base.

  23. According to the Amazon reviews of the book, “A number of named friends and colleagues of Thomas, both male and female, confirm for the record that he had a prior history of private and public behavior entirely consistent with Ms. Hill’s complaints” “Witnesses to Thomas’s office behavior whose testimony might have been exceedingly damaging were never allowed to speak publicly until interviewed for “Strange Justice.””Thomas liked to taunt another member of the office, who was prim and painfully shy, by making outrageous, gross, and at times off-color remarks. ‘The target of Thomas’s taunting was John C. Ashcroft. Another co-worker interviewed by the authors who also remembered such episodes described Ashcroft as “easily flustered by Thomas.” Ashcroft’s discomfort “apparently encouraged Thomas to goad him further,” the co-worker noted.”

    So it sounds like my recollections are correct, however you still have the “OMG David Brock interviewed some students who made racist jokes–maybe Hill really WAS as nutty as the racist jokes would indicate” plus “I knew a guy who knew Thomas and he thought he was perfectly normal” arguments.

  24. Roach is doing the famous right-wing game of “forget about my guy, it’s Bill Clinton’s fault”. It’s the most transparent change of subject tactic, especially in light of post #28 reminding us of the others who were harrassed but couldn’t or wouldn’t testify. Nice try Roach.

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