A federal judge warned Justice Department lawyers on Friday that they were making “dangerous” and “horrifying” statements when they said the Trump Administration can decide what part of American history to display at National Park Service sites.
The sharp exchange erupted during a hearing in Philadelphia over the abrupt removal of an exhibit on the history of slavery at the site of the former President’s House on Independence Mall.
The city, which worked in tandem with the park service on the exhibit two decades ago, was stunned to find workers this month using crowbars to remove outdoor plaques, panels and other materials that told the stories of the nine people who had been enslaved there. Some of the history had only been unearthed in the past quarter-century.
“You can’t erase history once you’ve learned it. It doesn’t work that way,” said Senior U.S. District Judge Cynthia Rufe, an appointee of President George W. Bush.
The removal followed President Donald Trump’s executive order “restoring truth and sanity to American history” at the nation’s museums, parks and landmarks. In Philadelphia, the materials were put in a pickup truck and then into storage, leading Rufe to voice concerns about whether they were damaged.
“Although many people feel strongly about this (exhibit) one way, other people may disagree or feel strongly another way,” said Assistant U.S. Attorney Gregory in den Berken.
“Ultimately,” he said, “the government gets to choose the message it wants to convey.”
Rufe swiftly cut him off.
“That is a dangerous statement you are making. It is horrifying to listen to,” she said. “It changes on the whims of someone in charge? I’m sorry, that is not what we elected anybody for.”
Rufe heard hours of testimony Friday from former city officials who had helped plan the exhibit, and said the city had kicked in $1.5 million toward the project. She plans to visit both the storage area and the site before ruling on the city’s request to have the exhibit restored. But she asked the Justice Department lawyers to ensure that nothing else is disturbed.
In den Berken said the Park Service routinely changes its exhibits and tours, and argued that the government cannot be forced to tell a certain story. But lawyers for the city and other advocates said the park service does not have “carte blanche” to interpret the nation’s history as it sees fit.
The exhibit includes biographical details about the nine people enslaved by George and Martha Washington at the presidential mansion. Now, only their names — Austin, Paris, Hercules, Christopher Sheels, Richmond, Giles, Oney Judge, Moll and Joe — remain engraved into a cement wall.
Michael Coard, an attorney representing one of the advocacy groups supporting the exhibit, said the president was ignoring the power held by Congress, the judiciary and the American people.
“It’s one thing to whisper that type of dictatorial power. But to send lawyers into a public courtroom to make that argument is absolutely frightening,” he said. “I’m really worried about the state of America.”
Rufe said she planned to rule quickly, noting the surge of visitors expected to visit the nation’s birthplace this year to mark its 250th anniversary of being founded.
Residents who have visited the site have shed tears, left flowers and left a handmade sign that said “Slavery was real.”
