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Feinstein and Harris: Kenneth Lee Nomination Hearing Should Not Move Forward

Washington—Senate Judiciary Committee Ranking Member Dianne Feinstein (D-Calif.) and Senate Judiciary Committee member Kamala Harris (D-Calif.) today issued the following joint statement on Ninth Circuit nominee Kenneth Lee’s failure to disclose dozens of writings to the committee:

“On March 1, just days before he was scheduled to appear before the Judiciary Committee, staff uncovered additional controversial writings that Kenneth Lee had failed to disclose to the committee. This has been an ongoing problem from the outset of his consideration, and like other writings Lee failed to disclose, these new examples indicate troubling views on race.

“In one article found Friday, Lee writes, ‘Liberals rarely fault a black criminal for his crime, lest they appear racist. Instead they blame racism or society. But of course, this ultimately hurts the black community. Majority of the crimes committed today are black-on-black crimes (inter-racial crimes are quite rare), and by having this lax attitude toward black crime, white liberals are allowing the majority of law-abiding African-Americans to be continually victimized.’

“In an article defending The Cornell Review after it was criticized for publishing a parody of Ebonics, Lee wrote: ‘If the Oakland School Board provides politically correct, feel-good nonsense to poor urban blacks, Cornell University does the same for middle-class and affluent blacks. The university has justly garnered a notorious reputation for championing racial group-think and multicultural dogma. (Cornell provides a dormitory called Ujaama for its black students, offers politically tendentious Africana Studies courses and even publishes a separate yearbook for minority students.)’

“These new articles – some published around the same time and even in the same publication as writings that have been turned over – are even more inflammatory than others that Lee failed to initially disclose. It is hard to believe these omissions were unintentional.

“Failure to turn over controversial writings that demonstrate extreme views on important issues like affirmative action and voting rights has been disqualifying for previous nominees, including Ryan Bounds to the Ninth Circuit. It should also be disqualifying here.

“Not only does this indicate an intention to obstruct the vetting process, it indicates Lee may continue to hold extreme and troubling views on race, which would place him out of step with the mainstream legal community in California. The committee should not be moving forward with a hearing on any date.”

Articles Lee Did Not Disclose to Senator Feinstein’s and Senator Harris’s Judicial Commissions:

• “The Making of a Quagmire,” Heterodoxy, February 1994

• “End Racist Policies,” Cornell Review, October 20, 1994

• “Gay Office Opens,” Cornell Review, October 20, 1994

• “Politically Correct Jim Crow at Cornell University,” Heterodoxy, October, 1994

• “Criminals in the Quad [...And in Day Hall],” The Cornell Review, November 29, 1993

• “Proposition 187 and the Cornell Community,” The Cornell Review, November 28, 1994

• “The End of Ujaama?” The Cornell Review, September 29, 1994

• “Breaking Ranks,” Heterodoxy, February 1995

• “Senator D'Amato vs. Asians?” The Cornell Review, April 27, 1995

• “Why Maas is Innocent,” The Cornell Review, September 15, 1995

• “Where's the Diversity? Cornell Faculty Dominated by Democrats,” The Cornell Review, September 28, 1995

• “Cornell's New President,” The Cornell Review, August 30, 1995

• “Our Monotone Universities,” American Enterprise, Sept./Oct. 1995

• “GOP Need Not Apply,” The Cornell Review, August 29, 1996

• “Angry Yellow Men: Conservatives Court the Asian Vote;” New Republic, September 9, 1996

• “Separate and Unequal at Cornell: An Undergraduate's Account of Racial Separatism on Campus,” American Enterprise, September 1996

• “Not in the Family: What Happens When Today's Kids Challenge Their Parents' Liberal Politics?” American Enterprise, September 1997

• ‘Shame on Dem!” The Cornell Review, October 17, 1996

• “Hasta La Vista,” New Republic, October 27, 1997

• “Untruth in Academe,” American Enterprise, May 1999

• “Greed is Chic at Last,” Weekly Standard, February 14, 2000

• “Time to Fight Back: Are America's Politically Homogenous Campuses a Lawsuit Waiting to Happen?” American Enterprise, September 2002

• “Don't Do Me Any Favors: The Supreme Court's Previous Dodge,” American Enterprise, April/May 2003

• “Free Speech and Election Law: The Debate Over Felon Voting,” Engage, (Volume 8, Issue 1, February 3, 2007

Articles Lee Failed to Disclose Until February 25, 2019:

• “Willy's Absurd Deficit Plan,” The Cornell Review, September 23, 1993

• “Is America Evil?,” The Cornell Review, November 11, 1993

• “The Review vs. MBSA, or Reason Against Silliness,” The Cornell Review, November 29, 1993

• “AIDS at RPU,” The Cornell Review, February 10, 1994

• “Kulture Klash!” The Cornell Review, March 15, 1994

• “The Model Minority?” The Cornell Review, April 7, 1994

• “From the Mailbox... (Rebuttal),” The Cornell Review, April 21, 1994

• “The Self-Hating Asian,” The Cornell Review, April 28, 1994

• “A Tribute to Richard M. Nixon,” The Cornell Review, April 28, 1994

• “Reject Victim Politics,” The Cornell Review, August 26, 1994

• “Hanky Panky,” The Cornell Review, September 15, 1994

• “The Decline of the Cornell Daily Sun,” The Cornell Review, November 3, 1994

• “The Cornell Review's P.C. Ideology Test,” The Cornell Review, November 28, 1994

• “Who is Hunter Rawlings III?’ The Cornell Review, February 9, 1995

• “The Bell Curve: Power for Power's Sake,” The Cornell Review, February 9, 1995

• “Asian Leftism,” The Cornell Review, April 6, 1995

• “Shoot, Slay & Slaughter the Pesky Squirrels,” The Cornell Review, August 30, 1995

• “The Cornell Review's P.C. Ideology Test,” The Cornell Review, August 30, 1995

• “In Defense of Playboy,” The Cornell Review, September 15, 1995

• “The Native Americans vs. the Indigenous People?” The Cornell Review, November 9, 1995

• “The Dilemma of Modern Liberalism,” The Cornell Review, March 7, 1996

• ‘Dumb and Dumber,” The Cornell Review, March 28, 1996

• “Inhale to the Chief,” The Cornell Review, October 17, 1996

• “Parody,” The Cornell Review, October 17, 1996

• “Goodbye, Adios, Sayanora,” The Cornell Review, December 2, 1996

• “Cornell: More Ethically Challenged than Newt,” The Cornell Review, February 13, 1997

Articles Lee Disclosed Only After Minority Request on March 1, 2019:

• “O.J. Simpson at Cornell??” The Cornell Review, February 5, 1995

• “Expanding the Frontiers of Sexual Harassment: Cornell’s Crucible,” Heterodoxy, February 1995

• “Black Panthers: Heroes or Hooligans?” The Cornell Review, November 30, 1995

• “Ethnosclerosis,” Heterodoxy, February 1999

Articles Lee Disclosed After Minority Request on March 2, 2019:

• “Still Under Seige,” Heterodoxy, May/June 1994

• “Ebonics at Cornell,” Heterodoxy, May/June 1997

Outstanding Article Requested by Minority on March 1, 2019:

• “From the Mailbag - Kenneth Lee Responds (to Brady Russell, '99),” The Cornell Review, October 31, 1996