Ward Churchill: Bill Owens' Catch-22

Ward Churchill’s civil trial kicked off this week and it’s already teaching lessons about politics and the ramifications of announcing your point of view before you are sure of your legal ground.

Former Governor Bill Owens has quickly become the lynchpin of Churchill’s case against CU because of his reaction to Churchill’s 9/11 essay. Owens commented at the time that he thought Churchill should be fired for what he wrote.

Governor Owens’ reaction was not out of line. In fact, he was in agreement with the majority of Americans who found Churchill’s comments to be tasteless and cruel.

But, as the leader of Colorado’s government, the same government that oversees the funding of Churchill’s employer, his comments became a problem.

Politically, Owens was in a Catch-22 situation.

Like most Coloradans, while Owens could recognize Churchill’s right to say what he pleases, he hated the idea that he was collecting a paycheck from Colorado taxpayers while he did it. To many of his constituents, he simply couldn’t allow this situation to continue.

Imagine the reaction to Bill Owens if he would have gone to an angry public and urged patience as he encouraged CU to do their legally required due diligence. And since the plagiarism charges were unknown at that time, that due diligence may have resulted in finding that neither CU, nor the Colorado government could do anything about it.

As a political leader, that would have made Owens look soft in the face of terribly offensive vitriol and unresponsive to his electorate.

But, legally, Owens was in a position of power, especially regarding a state funded school, and his opinion meant more than just simple words on a cable talk show. Even though he and his constituents wanted Owens to be judge and executioner, he couldn’t play that role with a tenured professor, even at a state school. Therein lies Churchill’s case.

In the end, CU did its due diligence and they didn’t have a knee jerk reaction to the comments from the Governor. Will their actions be enough to prove that they weren’t pressured? Only a six member jury knows for sure.

But I think the lesson here is what might make sense politically, may be a bigger problem legally. Don’t expect this lesson to be taken lightly by our elected officials. Don’t expect an emotional honest reaction the next time someone does something completely outrageous. Our elected officials will need to consult their legal counsel before showing their justifiable rage next time.