U.S. v. McCarson: What’s in Store
Empire Executive Director Introduces This Year’s Case
Dear Empire Family:
When we last wrote, we introduced you to Harry McCarson: a white nationalist who was embroiled in a legal dispute with Empirion State University (ESU) over a speaking engagement that was scheduled for February 19, 2018. You learned that in addition to being the plaintiff in a civil lawsuit, McCarson is the Defendant in a criminal case, arising from an incident that took place on February 20, 2018.
So what happened that day in Empirion? You are are less than 24 hours from finding out, but we’ll give you a preview today.
Fact Summary
On February 19, Harry McCarson had an agenda for speaking at ESU: to voice his vehement opposition to the removal of the infamous Colonel C. Griffus Michael statue, situated in Empirion’s capital. The statue was scheduled to be removed on the following day and McCarson was incensed.
Harry McCarson is widely known as a “white nationalist.” He advocates ideals of white supremacy, while degrading others: in particular, Empirials, Empirion’s indigenous people. Empirion is a former French colony turned U.S. territory turned U.S. state, known for its beaches covered with blue sand (“Sapphire Shores”) and tropical climate. McCarson attended college at ESU, where he developed a distaste for the Empirials. McCarson routinely referred to Empirials as “Emps,” a racist moniker coined by Empirion’s French colonizers to distinguish locals from Europeans.
Like other white nationalists, McCarson revered Colonel C. Griffus Michael. “Colonel Griff” secured Empirion’s independence from the French in 1920 under the guise of liberation. The Colonel’s mass execution of Empirials during his 8-year reign has led to his revulsion in the Empirial community, while some non-Empirials credit him for putting the island state on the road to prosperity. His historical legacy is complex and often debated in Empirion.
The nonprofit organization Sapphire Means Love works to promote peace, love and appreciation of Empirial history in Empirion. The group championed the movement to remove the Colonel Griff monument, which had the support of 80% of Empirion residents in a recent referendum. The removal was scheduled for the evening of February 20, 2018.
Fresh off his speech from the night prior, Harry McCarson led a group of over 1,000 protestors to CORE Square, where the monument rests. There, he was met by counter-protestors from Sapphire Means Love, including its most well-known public figure: Tommy Abel.
You can guess how the rest unfolded. There’s chanting back-and-forth. There’s some pushing and shoving. And at one point during the rally, a confrontation ensues between McCarson and Abel that lands Abel in the hospital.
The United States has charged McCarson with committing a federal hate crime; specifically, they’ve charged him with assaulting Abel because of his perceived race.
Are you ready for tomorrow? We are. And we hope you are, too.
Why We’ve Selected This Topic
Whether you’re a new or returning team, you likely know that Empire’s cases are important to our mission. Our objective as an organization is to use mock trial as a way to develop young people into informed, engaged and compassionate members of society. Each pillar is important: informed means students are educated and knowledgeable; engaged means they are actively thinking about the world around them; compassionate means they care about others, and are open to new perspectives. Our cases are a central piece in this mission. They force our students to tackle issues that are challenging, and often impact communities that are not their own.
Over the past two years, we have seen the rise of a movement known as “white nationalism” in the United States and abroad. Just in March, a self-identified white supremacist won an election primary in Illinois (he has been denounced by both Democrats and Republicans). As an American–and as a person with Jewish ancestry–there are no words to describe how I feel seeing fellow Americans waving Nazi flags at rallies. It’s both offensive and confounding: millions of people lost their lives at the hands of Nazism and millions more willingly gave their lives to liberate the world from Nazism. This organization and its leadership find white supremacy to be abhorrent and antithetical to the values expressed in the U.S. Constitution and those values that underlie all civilized societies.
Nevertheless, we also recognize the role that free speech plays in democracy. It is easy to advocate in favor of the First Amendment when the Government attempts to restrict speech that you agree with, but what about speech with which you disagree? It can be hard to reconcile the First Amendment when we hear speech that we find hateful and revolting. Countries such as Canada and Germany have laws on the books which regulate certain forms of hate speech, which is very different from America’s First Amendment jurisprudence. What is the correct approach? Should someone, like McCarson, be arrested for espousing hateful things? Through our Pre-Trial Oral Argument, and other materials that we’ll share, we’ll all be considering those issues.
Finally, we selected this topic to illustrate another tenet of the U.S. legal system: everyone has a Constitutional right to a defense. None of us will like Harry McCarson nor should we agree with many of the statements that he has made in the past. But due process of the law is entitled to all. Harry McCarson deserves a fair trial, and a fair defense, just like anyone else. Sometimes the best lawyers are forced to defend clients they do not like—clients who are accused of committing heinous crimes. So when defending McCarson, you’ll be asked to put your personal beliefs aside and advance the appropriate legal arguments on his behalf.
What You Won’t Be Asked to Do at Trial
Defense teams will not be asked to defend “white nationalism” (they are specifically prohibited from doing so). Neither will they be asked to portray a “white nationalist” as a witness (McCarson is not a witness in the case and all witnesses disavow his most extreme views). It goes without saying that we would never prescribe a race or gender to a witness.
Furthermore, while McCarson makes statements about white supremacy, he only targets a fictitious group of people: the Empirials. We spent extensive time creating a rich history for the island of Empirion to minimize the risk of offense caused by this case.
What You Will Be Asked to Do at Trial
The Government has to prove that McCarson assaulted Abel and that he did so because of his Empirial race.
McCarson’s Defense team has several options. To rebut the assault component, they can deny McCarson committed the assault; or they can say that McCarson did so, but was acting out of self-defense. For motive, the Defense can argue that McCarson’s prior words were just words that had never manifested in violence; or that McCarson was motivated by his passion for preserving history.
Either way, there are various case theories that each side can pursue.
Conclusion
When I hear stories like Harry McCarson’s, I struggle to process them and remain positive. I think that we all do. But in these moments, I am reminded of a quote from Dr. Martin Luther King Jr. at the height of the Civil Rights’ struggle:
“I have decided to stick with love. Hate is too great a burden to bear.”
Let us all work together—as a Family bound by respect and love—as we navigate the challenging issues at the heart of this case.
With gratitude and appreciation,
Justin Matarrese
Executive Director
