Commentary: We celebrate civil rights heroes only after they stop making us uncomfortable

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Every February, Black History Month invites Americans to honor the giants of the civil rights movement. We commemorate them in speeches and street names, reassuring ourselves that their struggles belong safely to the past. But history tells a less comforting story.

We tend to celebrate Black moral courage only after it has been stripped of urgency — after its disruptions have been neutralized and its challenges to power rendered harmless. The figures we now hold up as national icons were once dismissed as dangerous or destabilizing by moderates and institutions that claimed to support equality while resisting its consequences.

This pattern is not accidental. It is structural.

Today, Martin Luther King Jr. is remembered as a unifying voice and a moral prophet. In his lifetime, he was widely unpopular. Polls in the mid-1960s showed that most Americans viewed King unfavorably. He was surveilled by the federal government, criticized by major newspapers and condemned by politicians who warned that his protests were reckless and divisive.

What is often forgotten is that King’s sharpest criticism was aimed not only at overt racists, but at what he called the “white moderate” — those who preferred order to justice and who urged patience in the face of inequality. King understood that moderation, when it delays justice, becomes a form of complicity.

Many institutions that now proudly invoke King’s legacy insist that protest today be carefully managed and, above all, non-disruptive. Yet King’s campaigns were effective precisely because they disrupted daily life, strained political alliances and forced confrontations that polite consensus could not.

A similar dynamic shaped the life of Malcolm X, who remains widely misunderstood. He is often portrayed as King’s opposite — angry where King was conciliatory, divisive where King was unifying. That framing is convenient, but misleading.

Malcolm X offered a penetrating critique of liberal hypocrisy. He challenged the idea that symbolic inclusion could substitute for structural change. He warned that proximity to power often pacifies dissent rather than advancing justice. Late in his life, his views evolved, but his insistence on naming oppression directly never softened.

That insistence would almost certainly be labeled reckless in today’s political culture. Yet history suggests that moral clarity — not cautious moderation — is what most often forces societies to confront uncomfortable truths.

The same is true of Muhammad Ali, whose refusal to fight in the Vietnam War cost him his heavyweight title and years of his career. At the time, Ali was vilified as unpatriotic and selfish. He was not widely admired for following his conscience. That admiration came later, after the war itself became discredited.

His choice was not easy or universally applicable, but Ali argued that conscience matters, even when the law and public opinion disagree. Today, his words — that “there are only two kinds of men, those who compromise and those who take a stand” — are quoted approvingly by people who might have condemned him had they lived through the controversy.

What unites these figures is not that they were embraced in real time. It is that they were repeatedly told to be quieter, more patient, more respectful and accommodating of existing institutions. These men were warned that their methods threatened stability. They were accused of undermining their own cause. This pattern is not confined to the past.

In recent years, American institutions have enthusiastically adopted the language of racial justice while growing increasingly uneasy with its implications. Public statements of solidarity are common. Tolerance for sustained, disruptive dissent is not.

Protest that interferes with routine operations is often treated as illegitimate because it is inconvenient, rather than because it is unlawful. Speech that unsettles donors, boards or political alliances is reframed as a threat to community values. Neutrality is invoked as a procedural shield — a way of avoiding accountability while maintaining reputational control.

From university campuses to city halls to cultural institutions, leaders regularly invoke the legacy of civil rights while struggling with how to accommodate protest, disagreement and moral urgency in practice. The tension between symbolic inclusion and substantive change remains unresolved.

History suggests that this posture is familiar. It is how societies manage moral challenge while persuading themselves they are on the right side of it.

The irony is that the very qualities once condemned in civil rights leaders — their urgency and their willingness to unsettle and to insist that justice delayed is justice denied — are now celebrated in retrospect. We praise their courage after it no longer costs us anything.

Black History Month should prompt more than commemoration. It should force a harder question: whether we recognize the logic of the civil rights movement when it reappears — in contested spaces and inconvenient demands.

America has no shortage of heroes. What it struggles with is inheriting their courage before time makes it safe.

Faisal Kutty teaches at Southwestern Law School and is a contributing opinion writer for the Toronto Star and Newsweek. This column appeared in the Los Angeles Times.

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Andrew Mountbatten-Windsor arrested on suspicion of misconduct in public office

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LONDON  — Andrew Mountbatten-Windsor, the former British prince who was stripped of his royal titles because of his links to convicted sex offender Jeffrey Epstein, was arrested Thursday on suspicion of misconduct in public office.

While Andrew has consistently denied any wrongdoing in connection with his friendship with Epstein, concerns about Mountbatten-Windsor’s links to the late financier have dogged the royal family for more than a decade.

Thames Valley Police said that a man in his 60s from Norfolk in eastern England was arrested and remained in custody. The force, which covers areas west of London, including Mountbatten-Windsor’s former home, did not identify the suspect, in line with standard procedures in Britain, but pointed to the statement when asked to confirm if Andrew was arrested.

Mountbatten-Windsor, who turned 66 on Thursday, moved to his brother King Charles III’s estate in Norfolk after he was evicted from his longtime home near Windsor Castle earlier this month.

Thames Valley Police previously said it was “assessing” reports that Mountbatten-Windsor sent confidential trade reports to Epstein in 2010, when the former prince was Britain’s special envoy for international trade. Those reports stemmed from correspondence between the two men that was among the millions of pages of documents from the U.S. Justice Department’s investigation into Epstein that were released last month.

“Following a thorough assessment, we have now opened an investigation into this allegation of misconduct in public office,’’ Assistant Chief Constable Oliver Wright said in a statement. “We understand the significant public interest in this case, and we will provide updates at the appropriate time.”

The arrest came after pictures circulated online that appeared to show unmarked police cars at Wood Farm, Mountbatten-Windsor’s home on the Sandringham Estate in Norfolk, with plainclothes officers gathering outside.

The late Queen Elizabeth II forced her second son to give up royal duties and end his charitable work in 2019 after he tried to explain away his ties to Epstein during a catastrophic interview with the BBC.

But more details about the relationship emerged in a book published last year, and Charles stripped him of the right to be called a prince and ordered him to move.

Then came the unprecedented announcement last week that Buckingham Palace was ready to cooperate in the event of a police inquiry into Mountbatten-Windsor’s links to Epstein.

Charles was forced to act after the U.S. Justice Department released millions of pages of Epstein documents that revealed the extent of his relationship with Mountbatten-Windsor and showed that their correspondence continued long after Epstein pleaded guilty in 2008 to soliciting a minor for prostitution.

Epstein was arrested on sex trafficking charges brought by federal prosecutors in New York in 2019. He took his own life in jail while awaiting trial.

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Barbara McQuade: How to safeguard the DOJ against the next Trump

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The Trump administration has taken a wrecking ball to the Department of Justice, dismantling the traditional barrier between prosecutorial independence and partisan politics.

Career prosecutors have retired or resigned rather than compromise their integrity. Judges have complained about DOJ lawyers’ shoddy work, accused them of defying court orders, and engaging in unprofessional conduct.

Restoring the Department’s integrity and public confidence after President Donald Trump leaves office will require not just rebuilding. It will require fundamental reimagining.

Simply returning to business as usual will not safeguard the Justice Department from future abuses. Now that Trump has shown how an executive can abuse its power, we need to take affirmative steps to prevent a repeat performance.

In just a year, the DOJ has become unrecognizable to those of us who devoted our legal careers to its service. Attorney General Pam Bondi has transformed it from an agency that pursues justice without fear or favor into an instrument of Trump’s retribution.

In a combative and defiant appearance before the House Judiciary Committee last week, Bondi complained that “liberal activist judges” are hampering the president’s agenda. “America has never seen this level of coordinated judicial opposition to a presidential administration,” Bondi said.

Perhaps that’s because America has never seen this level of lawlessness from a presidential administration.

Bondi has used the power of her office to obtain baseless indictments against Trump’s perceived political enemies, including James Comey, the former FBI director who refused to drop the investigation into Russian interference in the 2016 presidential election, and New York Attorney General Letitia James, who won a civil fraud case against the president and the Trump Organization.

Just last week, the DOJ sought indictments against six Democratic members of Congress for making a video stating — accurately — that military service members have a duty to refuse unlawful orders.

These efforts were thwarted by the courts and grand juries. But simply being targeted for criminal investigation can be oppressive.

The DOJ has also trained its sights on other Trump targets, including Federal Reserve Chair Jerome Powell, Minnesota Gov. Tim Walz, and Minneapolis Mayor Jacob Frey. The U.S. attorney in Miami  — a Trump loyalist —  is reportedly probing the origins of the investigation into Russian interference in the 2016 election, despite prior inquiries by special counsel Robert Mueller, the DOJ inspector general, and the Senate Intelligence Committee. And earlier this month, the FBI seized ballots and voting rolls at the Fulton County elections office in Georgia based on previously debunked claims of fraud advanced by election deniers.

The Justice Department has not only worked to punish Trump’s enemies, but has also rewarded his allies, dispensing pardons like candy to the defendants who attacked the US Capitol on Jan. 6, 2021. This month, it moved to erase the criminal conviction of former Trump adviser Steve Bannon, who was found guilty of contempt of Congress for refusing to testify before the Jan. 6 committee. It pulled the plug on a successful conviction for no apparent reason other than Bannon’s loyalty to Trump.

The next administration, whether Republican or Democrat, cannot be allowed to repeat these abuses of the system. This administration’s manipulation of the Justice Department is an unpatriotic betrayal of our country and the rule of law. The next administration must take decisive steps to safeguard the only cabinet agency named for a virtue.

In front of grand juries

First, prosecutors must be prevented from abusing their authority before grand juries.

Congress should pass legislation requiring courts to hire counsel to serve as legal advisers to the panels. When Lindsey Halligan, the former insurance lawyer and White House aide, secured the Comey indictment, a magistrate judge said Halligan appeared to have misstated the law regarding the evidence and Comey’s obligation to testify. As the Halligan episode demonstrates, prosecutors have an inherent conflict of interest in both seeking a grand jury indictment and serving as its legal adviser. That problem could be remedied by appointing an independent lawyer who works for the court rather than the prosecution. Just as a judge instructs a trial jury about the law, a lawyer who works for the court should instruct grand jurors. This reform would be a simple fix to protect against politically motivated or legally baseless charges.

Attract integrity

Second, we must restore the Department’s ability to attract the best and brightest lawyers and investigators — professionals of the highest integrity who will undertake their work free from political considerations.

Trump’s purge has made the job far less attractive than it used to be, and one must wonder who is being hired to replace those who have left.

Even if the next president governs with integrity, what about the one after that? Devoting one’s career to government service has suddenly become a risky proposition.

To ensure that presidents respect our professional civil service, federal employees must be protected from removal without just cause. If the Supreme Court continues to embrace the once-fringe unitary executive theory — which holds that the president embodies all executive power and therefore may hire and fire any federal employee at will — we may ultimately need a constitutional amendment to clarify what Congress believed it had achieved in 1883 with the passage of the Pendleton Act. That law was meant to replace the political spoils system with a workforce of career professionals.

Codify these principles

Third, the Principles of Federal Prosecution should be codified into law.

These principles prohibit prosecutors from making charging decisions based on partisan politics. Currently, they exist as part of the Justice Manual, a set of policies that can be rewritten with the stroke of a pen or violated without external consequence. Codifying them in the Code of Federal Regulations would require that any changes go through the public notice-and-comment process. The code could also include a provision that violations trigger a referral to the attorney’s licensing authority for possible disciplinary action, including disbarment.

Finally, to prevent political meddling in case decisions, communications between the president and the Justice Department should be formally restricted.

Traditionally, such limits have existed based on voluntary agreements between the attorney general and the White House counsel. Of course, some communication is necessary. The White House, for example, might need a heads-up that a foreign national is about to be indicted to avoid harming diplomatic interests. But one way to avoid improper influence would be to require that such communications be reported confidentially to Congress. Any irregularities could then be subject to oversight. Such transparency would not only prevent political influence in criminal cases but also enhance public trust by avoiding even the appearance of impropriety.

Of course, you can’t completely “Trump-proof” every institution of democracy. Checks and balances can help to reduce the risks of abuse of power, but our institutions are made up of the people who run them. The best reform the American people can make to ensure that the Department of Justice serves the interests of the people is to elect a president with integrity and who respects the rule of law.

Barbara McQuade is a professor at the University of Michigan Law school, a former US attorney and author of the forthcoming book, “The Fix: Saving America from the Corruption of a Mob-Style Government.” She wrote this column for Bloomberg Opinion.

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Today in History: February 19, Edison issued a patent for the phonograph

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Today is Thursday, Feb. 19, the 50th day of 2026. There are 315 days left in the year.

Today in history:

On Feb. 19, 1878, inventor Thomas Edison was issued a patent for the phonograph.

Also on this date:

In 1473, astronomer Nicolaus Copernicus was born in Torun, Poland.

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In 1847, the first rescuers reached members of the Donner Party, who had been snowbound in the Sierra Nevada near the California-Nevada border for nearly four months.

In 1942, during World War II, President Franklin D. Roosevelt signed Executive Order 9066, which paved the way for the internment of 125,000 people of Japanese ancestry, including U.S.-born citizens.

In 1945, Operation Detachment began during World War II as the first wave of U.S. Marines landed at Iwo Jima, where they commenced a successful monthlong battle to seize control of the island from Japanese forces.

In 1976, President Gerald R. Ford, calling the issuing of the 1942 internment order for people of Japanese ancestry “a sad day in American history,” signed a proclamation formally confirming its termination.

In 2003, an Iranian military plane carrying members of the elite Revolutionary Guards crashed in southeastern Iran, killing all 275 people on board.

In 2008, an ailing Fidel Castro resigned the Cuban presidency after nearly a half-century in power; his brother Raúl was later named to succeed him. Fidel Castro died in 2016 at the age of 90.

In 2025, the ocean liner SS United States, which shattered the transatlantic speed record on its maiden voyage in 1952, departed Philadelphia’s Delaware River waterfront under tow for Mobile, Alabama, for prep work before officials sink it off Florida’s Gulf Coast to create the world’s largest artificial reef.

Today’s birthdays:

Singer Smokey Robinson is 86.
Rock musician Tony Iommi (Black Sabbath) is 78.
Author Amy Tan is 74.
Actor Jeff Daniels is 71.
Actor Ray Winstone is 69.
Actor Leslie David Baker is 68.
NFL Commissioner Roger Goodell is 67.
Tennis Hall of Famer Hana Mandlíková is 64.
Singer Seal is 63. Actor Benicio Del Toro is 59.
Author-cartoonist Jeff Kinney is 55.
NBA center Nikola Jokić is 31.
Singer-songwriter Chappell Roan is 28.
Actor David Mazouz is 25.
Actor Millie Bobby Brown is 22.