Consider This: Are Federal Judges Above the Law? Consider This from NPR • Released March 3, 2025

In this compelling episode of NPR's Consider This, host Ari Shapiro delves into the troubling issue of harassment within the federal judiciary, questioning whether federal judges operate above the law. Through the harrowing account of an unnamed Alaska law clerk and extensive interviews with experts and affected individuals, the episode uncovers systemic problems in how the federal court system addresses sexual harassment and bullying.

1. The Unfolding of a Harrowing Experience

The episode opens with the story of a recent law school graduate who began her career as a law clerk for a federal judge in Alaska amidst the onset of the COVID-19 pandemic.

• Ari Shapiro [00:00]: Introduces the law clerk's prestigious position and her hopes for a thriving career.

• Unnamed Law Clerk [00:13]: Describes the clerkship as "kind of like a unicorn," emphasizing its significance on her resume.

Initially optimistic, the law clerk quickly finds herself isolated, with the judge assuming multiple roles—from boss to colleague—granting him immense power over her professional and personal life.

• Unnamed Law Clerk [00:30]: States, "The judge was everything. He had all the power."

2. Escalation of Harassment

The situation deteriorates as the judge begins inappropriate behavior, including constant texting and intrusive conversations about his personal life.

• Unnamed Law Clerk [00:42]: Recounts, "There was a lot of talk... about sexual relationships."

By summer 2022, the harassment intensifies, culminating in a serious sexual assault incident that propels her to resign.

• Unnamed Law Clerk [01:18]: Shares, "That was the breaking point for me, where I decided I needed to leave."

Despite leaving the clerkship, her attempt to continue her career as a federal prosecutor does not shield her from ongoing repercussions.

3. A System Failing to Protect

NPR's justice correspondent, Kerry Johnson, reveals through investigative reporting that the voice of the law clerk is a composite, protecting her identity out of fear.

• Kerry Johnson [02:36]: Notes the challenges in recounting such traumatic experiences, leading to the use of a voice actor.

The episode details the judge's continued harassment, including a subsequent encounter at a party that led to sexual assault.

• Unnamed Law Clerk [05:30]: Describes the assault as "completely awful" and the ensuing trauma.

The federal judiciary's investigation into Judge Joshua Kindred unfolds, highlighting a process that questions the victim's credibility without conclusively addressing the assault itself.

• Congresswoman Norma Torres [06:09]: References a 9th Circuit report and the potential for impeachment due to "sexual misconduct with a clerk."

• Unnamed Law Clerk [06:59]: Affirms, "I was sexually assaulted," expressing disillusionment with the investigation's outcomes.

4. Legislative Efforts for Accountability

The episode shifts focus to the broader implications within the federal court system, emphasizing a pervasive culture of fear and lack of protective measures for clerks.

• Kerry Johnson [07:21]: Discusses the Administrative Office of the Courts' claims of progress since the MeToo movement, juxtaposed with ongoing issues uncovered by the investigation.

Prominent lawmakers are introduced as they attempt to address these systemic failures.

• Congresswoman Norma Torres [08:38]: Criticizes the lack of oversight, stating, "people in power with no oversight get to sweep people and problems under the rug."

• Congressman Hank Johnson [09:34]: Describes the Judiciary Accountability Act, aiming to extend legal protections to the 30,000 federal court employees.

• Congressman Hank Johnson [09:42]: Emphasizes the importance of this legislation as "a very important step to bring about some accountability."

Despite these efforts, the bill did not receive a hearing before Congress adjourned last year, leaving federal court workers without essential protections.

5. The Cultural and Structural Challenges

The episode delves deeper into the entrenched power dynamics and cultural issues that impede accountability within the judiciary.

• Jamie Baker [07:21]: Shares insights from a former judge, highlighting the distinct power differentials between judges and clerks.

• Gabe Roth [08:10]: As executive director of Fix the Court, he advocates for increased accountability within the federal courts.

The average age disparity between judges (average age 65-68) and clerks (ages 26-30) further exacerbates the imbalance of power, making it challenging for young clerks to assert themselves.

• Kerry Johnson [08:33]: Highlights this age and power gap as a significant barrier to addressing misconduct.

Aliza Shotsman from the Legal Accountability Project underscores the judiciary's exemption from Title VII of the Civil Rights Act of 1964, leaving clerks with no legal recourse against harassment or retaliation.

• Congresswoman Norma Torres [10:01]: States, "The federal judiciary is outrageously exempt from Title VII of the Civil Rights act of 1964."

6. Personal and Professional Toll

The cumulative effect of harassment and the lack of supportive mechanisms take a severe toll on clerks' mental health and career trajectories.

• Unnamed Law Clerk [05:30]: Discusses seeking therapy to cope with the assault and its aftermath.

• Kerry Johnson [10:19]: Illustrates the personal struggles of clerks, many of whom "break down in tears" when discussing hostile work environments.

The judiciary's internal protection of its members fosters an environment where misconduct remains an "open secret," perpetuating silence and fear among clerks.

• Unnamed Law Clerk [10:19]: Shares, "I just wish more people would talk about it."

7. Conclusion: The Need for Reform

The episode concludes by emphasizing the urgent need for systemic reform to protect clerks and hold judges accountable.

• Kerry Johnson [11:19]: Summarizes the judiciary's tendency to protect its own, highlighting the critical gaps in the system.

• Congressman Hank Johnson [09:34]: Reiterates the significance of legislative measures to ensure accountability.

Consider This leaves listeners with a sobering understanding of the challenges faced by those working within the federal court system and the imperative for meaningful change to prevent abuses of power.

Production Credits:

• Produced by Monika Avstatieva and Elena Burnett
• Edited by Barry Hardiman, Chris Krishnadev Kalimore, and Courtney Dorning
• Executive Producer: Sammy Yenigun

Source: This summary is based on the transcript provided from the NPR episode “When it comes to harassment, are federal judges above the law?” aired on March 3, 2025.