New York Firefighters Defeat Racist Obama Appointee

Daniel Greenfield, a Shillman Journalism Fellow at the Freedom Center, is a New York writer focusing on radical Islam. He is completing a book on the international challenges America faces in the 21st century.


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The lawsuit against the New York Fire Department accusing it of racism, with no evidence except that minority applications had been failing its test, was one of the more insane abuses of power by the Federal government. That a judge agreed with it was even worse.

Now the 2nd U.S. Circuit Court of Appeals pulled back on the reins of the lunatic decision, and came as close as it could to calling U.S. District Court Judge Nicholas Garaufis out for his blatant misbehavior.

It also removed U.S. District Court Judge Nicholas Garaufis from the case for trial purposes, noting he had branded the city’s evidence “incredible,” making it fair to question whether he could be impartial. He also called the FDNY “a stubborn bastion of white male privilege.”

Still, the appeals court left him in control of the remedial process, calling him an “entirely fair-minded jurist.”

So it’s not all good news, despite the finding of no intentional discrimination, a useless and illegal monitoring program, has been left in place.

“We have no doubt that Judge Garaufis is an entirely fair-minded jurist who could impartially adjudicate the remaining issues in the case,” Judge Jon O. Newman wrote in a 59-page opinion for a panel of the United States Court of Appeals for the Second Circuit.

But, citing a comment by Judge Garaufis that the city’s evidence on the intentional discrimination issue was “incredible,” Judge Newman wrote that “an objective observer would have a reasonable basis to question the judge’s impartiality in assessing that evidence at trial.”

So which is it?

Despite essentially finding Judge Nicholas Garaufis to have behaved inappropriately, the court will allow him to continue abusing the city’s heroes for his own leftist agitprop.

It will also pay out blackmail money to minority failed firefighters and it leaves in place the ridiculous claim that firefighter tests had been racially biased.

Meanwhile the lawyer heading up the assault on the heroes of September 11 was none other than Baher Azmy. Azmy is a Muslim lawyer who represented Gitmo terrorists. It is appropriate enough that he followed that up with a war against the people who tried to save New Yorkers from Muslim terrorists.

But as the Washington Examiner points out, the decision is a partial setback for Holder and Tom Perez

Do Americans have a right to expect that firefighters responding to calls from their neighborhoods will always be the best-trained, most capable individuals available? Not if the U.S. Department of Justice has its way. That’s the disturbing message from a discrimination suit DOJ filed against the New York City Fire Department alleging that it discriminated against black and Hispanic applicants.

Oddly enough, the case was not based on any particular act of discrimination. It was based purely on the fact that somebody somewhere decided that too many NYFD applicants had failed a job exam. The DOJ argued that these multiple failures were undeniable evidence of “disparate impact.” That’s the quack legal theory that it isn’t necessary to show discriminatory intent to prove discrimination. All that is required is evidence that a policy or procedure has “the effect of disproportionately excluding members of a particular protected group,” to quote from DOJ’s website.

Attorney General Eric Holder made it a top priority, as did another Obama appointee, Assistant Attorney General Tom Perez, whose job makes him the government’s top civil rights enforcer. Disparate impact theory is a crucial tool for those like Holder and Perez who believe they are all that stands between racist America and racial catastrophe.

  • http://www.adinakutnicki.com AdinaK

    Leftist dogma is the same world over and it mutates into racial/class incitement at every turn. And Obama Inc is rife with race and class warfare, therefore, any appointee must pass said litmus test.
    However, no one can deny that despite affirmative action, few of its beneficiaries have proven to be up to snuff, regardless of their cries of racism.
    As such, the best that can be done is for rational folks to out them at every term, especially through the alternative media. Hence, Rules for Radicals is a good place to start, as it is these rules which help to intimidate, silence and RIDICULE anyone who dares tell the truth about racist bugaboos etc.
    Conservative rules must be used at every turn, ridiculing them in the process – http://adinakutnicki.com/2012/07/01/leftist-dogma

    Adina Kutnicki, Israel http://adinakutnicki.com/about/

  • AnOrdinaryMan

    "Do Americans have a right to expect that firefighters…will always be the best-trained, most capable individuals available?" Not if corrupt judges or the tattooed, blue-jean clad Marxist crowd at NYU or Columbia has their way. Nothing to do with the NYFD, but just try to prove anti-semitism against ANY institution, where it actually happened. In this case, they don't even need proof of "Intentional discrimination," just evidence that a certain number of minority test-takers had failed the entrance exam.
    But just try to prove anti-semitism. It ain't easy.

  • PAthena

    'has “the effect of disproportionately excluding members of a particular protected group," ' Apparently, Attorney General Eric Holder has never heard of the 14th Amendment to the Constitution which guarantees equal protection under the law. There are no "particular protected groups." Holder is a racist. See J. Christian Adams, Injustice, about the Department of Justice under Holder.

    • Mary Sue

      That's what happens when Government is infested by Ethnic Studies/Identity Politics True Believers. Identity Politics dictates that if some things have a negative disproportionate impact on Minorities, they are by definition "racist".

    • annie Walker

      PAthena, he is indeed a racist –– of the first order. He is the worst kind of racist: he has influence, power & authority.

      And he is that ‘Special Class of Person” no one would dare openly challenge as a racist: he’s black.

      Is this a great country or what!?

  • objectivefactsmatter

    "The DOJ argued that these multiple failures were undeniable evidence of “disparate impact.” "

    I've told you; humans are fungible. Obviously statistics can be used to prove "discrimination" or "illegal discernment" if all humans are equal in every way including how they perform. They're like robots.

  • Nick Gherz

    Minorities often struggle with maff.

  • Mic L

    More mischief wrought against the American People by tyrants driven by the morally bankrupt, intellectually bankrupt and diseased world view of the left.

  • Brujo Blanco

    We live in a.sick country. White people.were harassed when they tried to vote in Philadelphia. Their tormentors were black. Holder who is black decided not to prosecute because he would not.do that to his.peoplle. Holder's people.should be all.the people.