Stanley Fish, distinguished law professor and close friend of Henry Louis Gates, Jr., puts the arrest of Gates and President Obama’s comments into perspective in his latest piece for The New York Times:
Gates is once again regarded with suspicion because, as the cultural critic Michael Eric Dyson put it in an interview, he has committed the crime of being H.W.B., Housed While Black.
He isn’t the only one thought to be guilty of that crime. TV commentators, laboring to explain the unusual candor and vigor of Obama’s initial comments on the Gates incident, speculated that he had probably been the victim of racial profiling himself. Speculation was unnecessary, for they didn’t have to look any further than the story they were reporting in another segment, the story of the “birthers” — the “wing-nuts,” in Chris Matthews’s phrase — who insist that Obama was born in Kenya and cite as “proof” his failure to come up with an authenticated birth certificate. For several nights running, Matthews displayed a copy of the birth certificate and asked, What do you guys want? How can you keep saying these things in the face of all evidence?
He missed the point. No evidence would be sufficient, just as no evidence would have convinced some of my Duke colleagues that Gates was anything but a charlatan and a fraud. It isn’t the legitimacy of Obama’s birth certificate that’s the problem for the birthers. The problem is again the legitimacy of a black man living in a big house, especially when it’s the White House. Just as some in Durham and Cambridge couldn’t believe that Gates belonged in the neighborhood, so does a vocal minority find it hard to believe that an African-American could possibly be the real president of the United States.
Gates and Obama are not only friends; they are in the same position, suspected of occupying a majestic residence under false pretenses. And Obama is a double offender. Not only is he guilty of being Housed While Black; he is the first in American history guilty of being P.W.B., President While Black.