Will Adeel Mangi become first Muslim American Appeals Court judge?

Adeel A Mangi’s confirmation as the first Muslim American Federal Appeals Court judge is hanging by a thread. His supporters believe that "Islamophobia" is the only reason as its "poisoning the very minds of those who are supposed to stand up and vote for him".

The Harvard and Oxford graduated litigation attorney has highly impressive credentials. Yet, he is accused of being an "anti-Semite and mingles with supporters of terrorists and cop killers". 

However, "Mangi's only crime seems to be his religious affiliations" as no evidence is presented to prove such "baseless and abhorrent allegations" against him.

Probably, it may never be as Mangi has spent all his "career as a commercial litigator and has never been involved in criminal defence work".

Why do Republican senators oppose Adeel Mangi?

Surprisingly, almost all Republican senators have decided to oppose Adeel Mangi’s confirmation.

Republican Senator Lindsey Graham (South Carolina), the top Republican at the Senate Judiciary Committee has even asked President Biden to withdraw Mangi’s nomination. It is despite the fact that the senator for 30 years has visited Pakistan and is close to some influential Pakistani Americans as well.

Senator Graham says that, "It is clear to me that concerns about this nomination are widespread, not just among Republicans in the Senate. I urge President Biden to seriously listen to these concerns and withdraw Mangi’s nomination."

The ranking Republican quoted The Police Conference of New York, every Republican on the Senate Judiciary Committee, 10 Republican members of Congress who represent Third Circuit and some Jewish organisations as opposed to Mangi’s confirmation. However, he didn’t cite any solid evidence against the concerns expressed.

On the other side of the Isle, Democrat Senator Cory Booker has labelled accusations against the Pakistani American as a clear case of witch hunt and Islamophobia.

In his emotional speech at the Senate floor that lasted 35 minutes, Booker passionately pleaded for Adeel Mangi’s confirmation. For him, Mangi is a star in the legal profession.

Booker lamented that, "I was blown away when the Republican leader came to the floor today and said something I never imagined, I would hear on this floor about a man of such character that Mangi has anti-Semite affiliations."

Senator Booker is among those who had recommended the nomination of Mangi to the Philadelphia-based Third Circuit Court of Appeals. He knows him for a long time as Mangi hails from his state and is a partner at the renowned law firm Patterson Belknap Webb & Tyler.

Thanking President Biden for historic nomination, optimistic Booker had earlier remarked that, "I look forward to introducing Adeel Mangi to my colleagues on the Senate Judiciary Committee for his hearing."

However, he witnessed Mangi being grilled by the Committee members for being a "Muslim nominee".

What are allegations against Adeel Mangi?

During the hearing, Senator Ted Cruz (R-Texas) asked Mangi, "Do you condemn the atrocities of Hamas terrorists? And, is there any justifications for those atrocities?"

Another Senator Tom Cotton (R-Arkansas) asked, "Do you believe that Zionist settler colonialism was a provocation that justified Hamas’ atrocity against Jews in Israel?"

Adeel Mangi unequivocally replied that, "The events of October 7 were a horror. I have no patience, none for any attempts to justify or defend those events."

The "appalling interrogation" by committee members alarmed many as such questions were better suited of "the secretary of state or secretary of defence."

Nonetheless, the piercing continued. 72-year-old Senator John Kennedy himself is a Juris Doctor and apparently knew well that Mangi had not served as a board member but only as an advisor at Rutgers Law School.

Yet, he alleged that Mangi had organised an event that invited alleged terrorists. Naming speakers of the event, Kennedy asked, "Is this the way you celebrate 9/11?"

Some sanity prevailed when US Senate Majority Whip Dick Durbin, the Democrat Chairman of the Senate Judiciary Committee expressed his shock.

"At one point, a Republican Senator asked this Muslim-American (if he celebrates 9/11). Think about that for a second. Because he is Muslim, the Senator thought it was appropriate to ask him if it was appropriate to celebrate 9/11 in his home. He of course said ‘no’."

In the end, Mangi was reported to the full senate after an 11-10 committee vote.

Fissures in Democratic front over Mangi’s nomination

In the last few weeks, the "venomous propaganda" against Biden’s nominee has also started influencing the views of some Democrat senators.

Joe Manchin of West Virginia has made Biden’s job even more challenging by linking his vote to a tough condition.

"I’m going to be very honest with everybody, if my Democratic colleagues and friends can’t get one Republican vote, don’t count on me. You can’t make it bipartisan, don’t count on me," warned the outgoing senator.

At the top of it, jeopardising confirmation of Mangi, Senator Catherine Cortez Masto of Nevada has made it clear that she will not support his confirmation.

The senator has based her views on Mangi’s another advisory role associated with criminal justice reform group. Republicans have labelled this group as "an association that advocates for cop-killers to be freed from prison."

"This organisation has sponsored a fellowship in the name of Kathy Boudin, a member of the domestic terrorist organisation Weather Underground, and advanced for the release of individuals convicted of killing police officers," Cortez argued in her statement.

On the other hand, these "outrageous and slanderous" accusations have woken up some powerful members of the legal fraternity who feel raising voice for Mangi is a moral responsibility. They know that Mangi didn’t know Boudin and had never met her.

Unexpectedly, former federal Judge Timothy K Lewis has written a letter in defence for Mangi to Senate Majority leader Chuck Schumer (D) and Senate Minority leader (R) Mitch McConnell.

In his recent interview to PBS, Timothy Lewis said, "Her (Cortez) decision is respectfully, rooted in the same kinds of baseless lies and smears that the religious claims against Mangi were based, associating him with terrorists and anti-Semites and so forth, none of which is true."

Explaining nature of that case, the former judge said, "This is not even a criminal case. It was a civil lawsuit that he brought. He achieved a landmark settlement on behalf of the family that not only helped prisoner’s family, but also helped the prison and, in doing so, helped prison guards, because the cameras were installed throughout the prison. This is an honorable work. This is the kind of work that we value, we encourage in our profession."

Who is Adeel Mangi and how he got nomination?

The litigation star, Adeel Mangi, was born in Karachi. He qualified as a barrister at law from the prestigious society of Lincoln’s Inn. He also holds Degree in Law from University of Oxford and an LLM from Harvard Law School.

He is named by Benchmark Litigation to its "2024 and 2023 lists of the Top 100 Trial Lawyers’ in the US".

According to Patterson Belknap, where he serves as a partner, "Mangi recently secured the largest jury verdict in the history of the Virginia court system with a $2 billion verdict after a seven-week jury trial in a case involving theft of trade secrets in the software industry."

American Pakistani Public Affairs Committee (APPAC) was the first to plead his case for the first Muslim Judge in 2019. Its Chairman Dr Ijaz Ahmad had approached Democrat Senators Bob Menendez and Senator Chuck Schumer. Later, Senator Booker was asked for support. All vowed to lobby for Mangi.

For judge Zahid Qureshi, APPAC had secured support of 34 Republicans and all Democrats. However, the upcoming presidential elections and Israel war have changed the dynamics.

This time Democrat senators like Catherine Cortez, Mark Kelly, Tammy Baldwin, Sherrod Brown, Bob Casey, Jon Tester and Kyrsten Lea Sinema (formerly Democrat and now Independent) are yet to be convinced.

Some top Republicans including Mitt Romney, Susan Collins, Lisa Murkowski are also being reached out.

Senator (R) Lisa Murkowski of Alaska is keeping cards close to her heart and Senator Susan Collins (R) of Maine has only expressed "concerns". Hence, both have left a window open for negotiations.

As the senate is set to return on April 8, there is still some time to maneuver.

Can America make history by appointing Mangi?

President Biden has a proven record of diversifying the judicial system. Thanks to him Pakistani American Zahid Qureshi became the first Muslim District Court judge.

Despite all odds, the administration is keeping its fingers crossed in Adeel Mangi’s fate as well.

A tactical move can also get Adeel through the Senate.

If the vote is set at a time when shaky democrat senators are engaged overseas or some Republican senators are found busy in election campaign, Biden administration can make the day.

The question is, "Will Democrats take the risk of standing fully behind a Muslim American when President Biden is facing tough challenge to secure his own second term? Or they will wait for the outcome of the presidential elections before making the move?"

After all, the smear campaign against an eminently qualified Pakistani American is being fueled at a time when sentiments are high over Israel-Palestine war.

Senator Cory Booker who had read a long list of endorsements by Jewish, legal and social groups for Mangi says that, "Even the state of Israel has had Muslims on their Supreme Court but as soon as we try to elevate a Muslim man to our court of appeals, he gets attacked by the words of Republican leader for mingling with terrorists and cop killers, for being an anti-Semite."

He further said that, "You can write him down in history with your bitter twisted lies but no matter what you do to guys like him, or me or everyone who loves this country, we will rise."