‘That Is A Dangerous Statement’: Federal Judge Eviscerates DOJ Over Slavery Exhibit Takedown; Above The Law, February 2, 2026

Kathryn Rubino , Above The Law ; ‘That Is A Dangerous Statement’: Federal Judge Eviscerates DOJ Over Slavery Exhibit Takedown

"The Trump administration is trying to memory-hole slavery, and a federal judge is running out of patience with their shenanigans. 

At a hearing last week over the Trump administration’s decision to rip out materials discussing slavery at George Washington’s former Philadelphia residence Senior U.S. District Judge Cynthia Rufe — a George W. Bush appointee! — delivered a sharp rebuke to the DOJ lawyers defending the government’s actions. The exhibit in question, located on Independence Mall, was created by the City of Philadelphia in partnership with the National Park Service and tells the story of the nine enslaved people who lived and labored in Washington’s home. Earlier this year, federal workers reportedly took a crowbar to the plaques, citing President Donald Trump’s executive order purporting to “restore truth and sanity to American history.” But let’s be so fucking for real right now, it’s a literal whitewashing of it.

Judge Rufe was not impressed. “You can’t erase history once you’ve learned it,” she said. “It doesn’t work that way.” That theme only sharpened as the hearing went on. Assistant U.S. Attorney Gregory in den Berken attempted to defend the removals by gesturing vaguely at disagreement and discretion. “Although many people feel strongly about this one way, other people may disagree or feel strongly another way,” he said, adding, “Ultimately, the government gets to choose the message it wants to convey.”

Danger, Will Robinson. Though appearing before a Republican-appointed judge, it does NOT mean they’re cool with the current administration’s we-get-to-rewrite-history plan. Judge Rufe cut off the AUSA, according to reports, saying, “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.”...

At present, the government has stripped the site of all substantive discussion of the enslaved people who lived there, leaving only their names — Austin, Paris, Hercules, Christopher Sheels, Richmond, Giles, Oney Judge, Moll, and Joe — engraved into a cement wall. Plaintiffs are asking the court to order the exhibit restored, and Judge Rufe instructed DOJ to ensure that the remaining materials are not damaged any further, and she intends to personally inspect the removed materials. She also indicated she intends to rule swiftly, particularly with the nation’s 250th birthday celebration looming and a surge of visitors expected at Independence Mall."

Judge Bars Further Changes to George Washington’s Philadelphia House; The New York Times, February 2, 2026

Mattathias Schwartz, The New York Times; Judge Bars Further Changes to George Washington’s Philadelphia House

The Interior Department removed placards and videos about Washington’s involvement with slavery. A new court ruling blocks further changes, for now.

"A federal judge in Philadelphia ordered the National Park Service not to make further changes to the President’s House Site, where George Washington lived as the head of the fledgling U.S. government, as she considers a lawsuit filed by the City of Philadelphia.

At a daylong hearing on Friday, the city argued that the Park Service was obliged to restore plaques and videos commemorating nine enslaved people who served Washington’s household on the site. Those items were removed by the Trump administration as part of a broader effort to use its control of the park system to reframe American history by eliminating materials that “inappropriately disparage Americans past or living.”

Judge Cynthia M. Rufe, who was appointed by President George W. Bush to Federal District Court for the Eastern District of Pennsylvania, expressed deep skepticism about President Trump’s effort on Friday. She called its purported legal basis “cavalier” and the prospect of further changes “frightening.”

On Monday, according to the case docket, she inspected the removed displays, which the government has said are being held in storage at the National Constitution Center. Judge Rufe’s Monday order stops short of mandating that the displays be put back up, as the city requested...

The case before Judge Rufe turns on whether the Interior Department, which includes the Park Service, was obliged to consult with the city before removing the slavery-related materials. Those kinds of consultations took place when Independence National Historical Park was first created and during years of planning for the slavery memorial at the President’s House leading up to its 2010 dedication. The city argues that while the site is Park Service property, some portions of a decades-long series of agreements between the federal government and the city governing its operation remain in force.

Justice Department lawyers have argued that the city is trying to infringe on the federal government’s right to free speech in deciding how the history of the site should be described."

Biden Interior Dept puts together handbook to apply 'indigenous knowledge' into agency practices; Fox News, November 19, 2024

Alec Schemmel , Fox News; Biden Interior Dept puts together handbook to apply 'indigenous knowledge' into agency practices

[Kip Currier: This Fox News article on Indigenous Knowledge (IK) -- also called Traditional Knowledge (TK) -- traffics in "scare/sneer quotes" and is framed from the get-go by its author as a cautionary example of the suggested excesses and dangers of inclusion. This other-ing strategy is a frequent Fox News tactic. In this instance, that tactic seeks to undermine the legitimacy of IK by inferring that the very idea that Native Peoples might be able to contribute to the practice of science is radically unconventional.

The overall aim of the piece has one goal: to marginalize and discredit the inclusion of Native American perspectives in U.S. Interior Department decisions that impact issues like mining, timbering, and drilling on public lands and/or near national parks and wildlife areas.

The Biden administration's Department of the Interior, through the groundbreaking leadership of Deb Haaland -- the first Native American head of the department in its 175-year history -- has, for the first time, instituted policy that includes the knowledge and expertise of Indigenous Peoples. The inclusion of Native persons at decision-making tables that impact their sovereign lands is anathema to the incoming pro-drilling Trump administration because of fears that those perspectives may impede their unchecked economic agenda. As the AP reported on November 22, 2024, in nominating a pro-fossil fuel governor Doug Burghum to replace Haaland as Interior's head:

Donald Trump assigned Doug Burgum a singular mission in nominating the governor of oil-rich North Dakota to lead an agency that oversees a half-billion acres of federal land and vast areas offshore: “Drill baby drill.”

https://apnews.com/article/interior-burgum-public-lands-oil-gas-trump-97f7bc583f0a0de0fb16ea6f89bfbaf1

To better understand IK and TK, let's look at a few definitions from reputable sources. The World Intellectual Property Organization (WIPO), an agency of the United Nations headquartered in Geneva, Switzerland, describes TK as:

knowledge, know-how, skills and practices that are developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity.

While there is not yet an accepted definition of TK at the international level, it can be said that:

TK in a general sense embraces the content of knowledge itself as well as traditional cultural expressions, including distinctive signs and symbols associated with TK.
TK in the narrow sense refers to knowledge as such, in particular the knowledge resulting from intellectual activity in a traditional context, and includes know-how, practices, skills, and innovations.

Traditional knowledge can be found in a wide variety of contexts, including: agricultural, scientific, technical, ecological and medicinal knowledge as well as biodiversity-related knowledge.

https://www.wipo.int/tk/en/tk/

The U.S. National Park Service (NPS) provides this explanation of IK (accessed on 11/26/24):

Indigenous Knowledge is a body of observations, oral and written knowledge, innovations, practices, and beliefs developed by Tribes and Indigenous Peoples through interaction and experience with the environment.11 It is applied to phenomena across biological, physical, social, cultural, and spiritual systems.12 Indigenous Knowledge can be developed over millennia, continues to develop, and includes understanding based on evidence acquired through direct contact with the environment and long-term experiences, as well as extensive observations, lessons, and skills passed from generation to generation.

https://www.nps.gov/subjects/tek/description.htm

UNESCO, a UN agency based in Paris, France, defines TK as:

Knowledge, innovations and practices of indigenous and local communities around the world. Developed from experience gained over the centuries and adapted to the local culture and environment, traditional knowledge is transmitted orally from generation to generation. It tends to be collectively owned and takes the form of stories, songs, folklore, proverbs, cultural values, beliefs, rituals, community laws, local language and agricultural practices, including the development of plant species and animal breeds. Traditional knowledge is mainly of a practical nature, particularly in such fields as agriculture, fisheries, health, horticulture, forestry and environmental management in general.

Secretariat of the Convention on Biological Diversity (SCBD), Article 8(j): Traditional knowledge and the convention on biological diversity, 2007.

https://uis.unesco.org/en/glossary-term/traditional-knowledge#

Now, having looked at those descriptions of IK/TK, notice what the reporter does in their second paragraph, copied here:

The notion of "indigenous knowledge" puts forward that Native groups possess an understanding about the natural world that others do not, due to their ethnic background.

Observe the quotes around the phrase "indigenous knowledge", as if to call that designation into question. Note, too, the intentional selection of the word "notion", i.e. a belief about something.

The construction "Native groups possess an understanding about the natural world that others do not" neglects to acknowledge that Native Peoples have demonstrated that they do have oral and written traditions going back for generations that can offer unique insights and useful observations about this world. As just one example, a March 2024 Guardian article reported on how observations made by First Nations peoples in British Columbia, Canada enabled the discovery of a "coral reef that scientists say ‘shouldn’t exist’:

For generations, members of the Kitasoo Xai’xais and Heiltsuk First Nations, two communities off the Central Coast region of British Columbia, had noticed large groups of rockfish congregating in a fjord system.

In 2021, researchers and the First Nations, in collaboration with the Canadian government, deployed a remote-controlled submersible to probe the depths of the Finlayson Channel, about 300 miles north-west of Vancouver.

On the last of nearly 20 dives, the team made a startling discovery – one that has only recently been made public.

“When we started to see the living corals, everyone was in doubt,” says Cherisse Du Preez, head of the deep-sea ecology program at Fisheries and Oceans Canada. “Then, when we saw the expansive fields of coral in front of us, everybody just let loose. There were a lot of pure human emotions.

The magnitude of this discovery in Canada is unprecedented:

The following year, the team mapped Lophelia Reef, or q̓áuc̓íwísuxv, as it has been named by the Kitasoo Xai’xais and Heiltsuk First Nations. It is the country’s only known living coral reef.

https://www.theguardian.com/environment/2024/mar/15/canada-moves-to-protect-coral-reef-that-scientists-say-shouldnt-exist

 

However, the extraordinary find of Canada's "only known living coral reef" should not be seen as an isolated one-off; rather, it is another exemplar of ways that IK can work in complementary fashion with Western research to yield advancements in knowledge. As the 2024 coral reef discovery article explains:

The discovery marks the latest in a string of instances in which Indigenous knowledge has directed researchers to areas of scientific or historic importance. More than a decade ago, Inuk oral historian Louie Kamookak compared Inuit stories with explorers’ logbooks and journals to help locate Sir John Franklin’s lost ships, HMS Erebus and HMS Terror. In 2014, divers located the wreck of the Erebus in a spot Kamookak suggested they search, and using his directions found the Terror two years later.

https://www.theguardian.com/environment/2024/mar/15/canada-moves-to-protect-coral-reef-that-scientists-say-shouldnt-exist

 

Furthermore, the Fox News reporter's phrase "due to their ethnic background", arguably, seeks to portray IK/TK as an example of "woke-ness". It's an effort by the reporter to trigger listeners/viewers to dismiss the value of knowledge that derives from Native Peoples. The writer's chosen language strives to depict Native Americans as exceptional from other peoples; this too is another well-used Fox News play: pitting groups against each other to foster divisiveness and distrust.

The bottom line of my critique of this reporter's take on IK/TK is that no one credibly is suggesting that IK/TK must or should supplant Western-based science. Rather, IK/TK is knowledge that can complement other types of science. Indeed, the abstract of this 11/22/24 peer-reviewed article "Rethinking natural hazards research and engagement to include co-creation with Indigenous communities" underscores the value of what the researchers refer to as "bi-lateral knowledge exchange":

Indigenous peoples are widely affected by natural hazards and their history and knowledge can directly inform on past events and mitigation strategies. Here we show how effective co-creation of resources and bi-lateral knowledge exchange between natural hazard researchers and local Indigenous communities provides an effective, equitable, and sustainable way to conduct research.

https://www.nature.com/articles/s44304-024-00034-7 

The phrase "bi-lateral knowledge exchange" sheds light on one more of Fox News' game tactics: rather than "and" Fox wants its viewers to see everything as an "either/or" end game. In other words, not Western science and Indigenous Knowledge. But rather either Western science or Indigenous Knowledge. Co-existence is possible, and exchanges of knowledge can even be advantageous.]

[Excerpt from Fox News article]

"Officials at the Department of the Interior are pushing to finalize a new "implementation handbook" to guide agency decision makers on how to "apply indigenous knowledge" in their day-to-day work. 

The notion of "indigenous knowledge" puts forward that Native groups possess an understanding about the natural world that others do not, due to their ethnic background.

The aim of the new chapter in the agency-wide manual is to "equitably promote the inclusion of indigenous knowledge," but this new supplemental handbook lays out methods for "applying" indigenous knowledge into departmental practices, such as scientific research, environmental compliance work, community resiliency and more...

The nearly 150-page handbook includes a litany of other "approaches" to applying indigenous knowledge into the agency's practices, including how to create "an ethical space to receive indigenous knowledge" and information about how to shield "sensitive" indigenous knowledge from public disclosure laws."