Commentary Magazine


Topic: Civil Rights chief

Democrats Not Interested in Voter Intimidation Case Scandal

The House Judiciary Committee took up a resolution forced by Rep. Frank Wolf, calling on the Justice Department to fork over information on its endless, secretive, and (sources with direct knowledge tell me) quite lackadaisical investigation of the Obama Justice Department’s decision to dismiss the New Black Panther Party case. As expected, the resolution was voted down on a party-line vote of 15-14. The House Democrats don’t really seem as though they need to know why the Justice Department wouldn’t enforce the law fully against all defendants (for whom the U.S. government had a default judgment in hand) who intimidated voters at a Philadelphia polling place on Election Day, 2008. As Ranking Minority Leader Rep. Lamar Smith explained in his prepared remarks:

No facts had changed. No new evidence was uncovered. The only thing that did change is the political party in charge of the Justice Department. So why would the Obama Administration suddenly drop charges in a case that had effectively been won? It appears that the Justice Department gave a free pass to its political allies—one of the defendants against whom charges were dropped was a Democratic poll watcher. Despite continued requests from Congress, the Justice Department has refused to give any explanation for dropping the charges. The Department’s silence appears to be an admission of guilt. According to media reports, senior political appointees may have overridden the decision of career attorneys. The decision to dismiss charges against political allies who allegedly intimidated voters on Election Day 2008 reeks of political interference.

An observer at the hearing tells me that only Rep. Sheila Jackson-Lee bothered to speak out against the motion, claiming that this was just an isolated incident of intimidation (is this a new standard for the enforcement of civil rights?) and going as far as to defend the New Black Panther Party as a good and honorable organization. (I suppose there may be some in the Obama Justice Department who are sympathetic to this view.) She thinks the Obama Justice Department will prosecute anyone guilty of voter intimidation. (Except in this case?)

Republicans took a different position. Rep. Trent Franks wanted to know what the Obama team is hiding and, contrary to his colleague, labeled the New Black Panther Party as a racist organization. Rep. James Sensenbrenner blasted the Justice Deaprtments invocation of privilege as reason to refuse cooperation and said Congress needs to press for answers. (That’s not happening unless the House changes control in November.) Other Republicans emphasized the egregious nature of the case, which was there for all to see on video tape, and went after the recent testimony of Civil Rights chief Thomas Perez, who claimed there was no interference with career lawyers.

This is what passes for congressional oversight these days. As Rep. Smith says, there are certainly grounds for probing further:

Yesterday, 24 hours before this markup, the Justice Department provided the Committee with responses to the Civil Rights Commission’s information requests. These comprise more of the same non-responsive replies the Justice Department provided the Commission and Congress earlier this year. The Department refused to answer, either wholly or in part, 31 of the Commission’s 49 written questions.

The Department is still either unwilling or unable to answer one simple question: what changed between January 2009 and May 2009 to justify walking away from a case of blatant voter intimidation?

But don’t hold your breath. The Democrats who railed against Alberto Gonzales and insisted on investigation after investigation during the Bush administration to uncover some alleged politicization of the administration of justice are now silent. Trust the Obama team, they say. It seems as though if anything is to be learned about this case, it will come from the efforts of the U.S. Commission on Civil Rights or those within the Justice Department who are offended by Obama political appointees’ meddling in what should have been a slam-dunk victory for the U.S. government in enforcing civil rights laws.

The House Judiciary Committee took up a resolution forced by Rep. Frank Wolf, calling on the Justice Department to fork over information on its endless, secretive, and (sources with direct knowledge tell me) quite lackadaisical investigation of the Obama Justice Department’s decision to dismiss the New Black Panther Party case. As expected, the resolution was voted down on a party-line vote of 15-14. The House Democrats don’t really seem as though they need to know why the Justice Department wouldn’t enforce the law fully against all defendants (for whom the U.S. government had a default judgment in hand) who intimidated voters at a Philadelphia polling place on Election Day, 2008. As Ranking Minority Leader Rep. Lamar Smith explained in his prepared remarks:

No facts had changed. No new evidence was uncovered. The only thing that did change is the political party in charge of the Justice Department. So why would the Obama Administration suddenly drop charges in a case that had effectively been won? It appears that the Justice Department gave a free pass to its political allies—one of the defendants against whom charges were dropped was a Democratic poll watcher. Despite continued requests from Congress, the Justice Department has refused to give any explanation for dropping the charges. The Department’s silence appears to be an admission of guilt. According to media reports, senior political appointees may have overridden the decision of career attorneys. The decision to dismiss charges against political allies who allegedly intimidated voters on Election Day 2008 reeks of political interference.

An observer at the hearing tells me that only Rep. Sheila Jackson-Lee bothered to speak out against the motion, claiming that this was just an isolated incident of intimidation (is this a new standard for the enforcement of civil rights?) and going as far as to defend the New Black Panther Party as a good and honorable organization. (I suppose there may be some in the Obama Justice Department who are sympathetic to this view.) She thinks the Obama Justice Department will prosecute anyone guilty of voter intimidation. (Except in this case?)

Republicans took a different position. Rep. Trent Franks wanted to know what the Obama team is hiding and, contrary to his colleague, labeled the New Black Panther Party as a racist organization. Rep. James Sensenbrenner blasted the Justice Deaprtments invocation of privilege as reason to refuse cooperation and said Congress needs to press for answers. (That’s not happening unless the House changes control in November.) Other Republicans emphasized the egregious nature of the case, which was there for all to see on video tape, and went after the recent testimony of Civil Rights chief Thomas Perez, who claimed there was no interference with career lawyers.

This is what passes for congressional oversight these days. As Rep. Smith says, there are certainly grounds for probing further:

Yesterday, 24 hours before this markup, the Justice Department provided the Committee with responses to the Civil Rights Commission’s information requests. These comprise more of the same non-responsive replies the Justice Department provided the Commission and Congress earlier this year. The Department refused to answer, either wholly or in part, 31 of the Commission’s 49 written questions.

The Department is still either unwilling or unable to answer one simple question: what changed between January 2009 and May 2009 to justify walking away from a case of blatant voter intimidation?

But don’t hold your breath. The Democrats who railed against Alberto Gonzales and insisted on investigation after investigation during the Bush administration to uncover some alleged politicization of the administration of justice are now silent. Trust the Obama team, they say. It seems as though if anything is to be learned about this case, it will come from the efforts of the U.S. Commission on Civil Rights or those within the Justice Department who are offended by Obama political appointees’ meddling in what should have been a slam-dunk victory for the U.S. government in enforcing civil rights laws.

Read Less




Welcome to Commentary Magazine.
We hope you enjoy your visit.
As a visitor to our site, you are allowed 8 free articles this month.
This is your first of 8 free articles.

If you are already a digital subscriber, log in here »

Print subscriber? For free access to the website and iPad, register here »

To subscribe, click here to see our subscription offers »

Please note this is an advertisement skip this ad
Clearly, you have a passion for ideas.
Subscribe today for unlimited digital access to the publication that shapes the minds of the people who shape our world.
Get for just
YOU HAVE READ OF 8 FREE ARTICLES THIS MONTH.
FOR JUST
YOU HAVE READ OF 8 FREE ARTICLES THIS MONTH.
FOR JUST
Welcome to Commentary Magazine.
We hope you enjoy your visit.
As a visitor, you are allowed 8 free articles.
This is your first article.
You have read of 8 free articles this month.
YOU HAVE READ 8 OF 8
FREE ARTICLES THIS MONTH.
for full access to
CommentaryMagazine.com
INCLUDES FULL ACCESS TO:
Digital subscriber?
Print subscriber? Get free access »
Call to subscribe: 1-800-829-6270
You can also subscribe
on your computer at
CommentaryMagazine.com.
LOG IN WITH YOUR
COMMENTARY MAGAZINE ID
Don't have a CommentaryMagazine.com log in?
CREATE A COMMENTARY
LOG IN ID
Enter you email address and password below. A confirmation email will be sent to the email address that you provide.