Commentary Magazine


Topic: Department of Justice

Please, Mr. Attorney General, Stop Obstructing Justice

From the onset of the New Black Panther Party scandal, the Obama Justice Department has refused to allow percipient witnesses, including the trial team, to testify. Eric Holder has prevented those accused of quashing the voter-intimidation case and those who complained about the quashing to testify. J. Christian Adams had to quit his job in order to tell his story.

The U.S. Commission on Civil Rights is now challenging the mainstream-media canard — this is “small potatoes” — and pushing Holder to end the stonewalling. The chairman of the commission, Gerald Reynolds, wrote to Holder yesterday. The letter reads, in part:

Mr. Adams testified that there is hostility within the Civil Rights Division to the race neutral enforcement of civil rights protections, and that such hostility may be supported by statements of current political appointees in the Division. By way of example, his testimony indicated that career employees refused to work on the Ike Brown litigation (in which the court found that the voting rights of white and black voters had been violated by a black official) and, most importantly, that specific instructions were given to Mr. Chris] Coates [head of the Black Panther trial team] from Deputy Assistant Attorney General Julie Fernandes to the effect that “cases are not going to be brought against black defendants for the benefit of white victims; that if somebody wanted to bring these cases it was up to the U.S. Attorney, but the Civil Rights Division wasn’t going to be bringing it.”

Without waiving its rights to examine Department personnel in the future as to the decision making process in the New Black Panther Party litigation, the Commission will agree to limit Mr. Coates’s (initial) questioning to non-deliberative statements or actions relating to whether there is a policy and/or culture within the Department of discriminatory enforcement of civil rights laws and whether there is a policy not to enforce Section 8 of the National Voter Registration Act.

(And oh, by the way, the chief pooh-pooher on the commission, a Republican who’s now the darling of the left, “fearlessly” abstained from the vote to send the letter. What could possibly be the objection or the reason to take a pass — or have the facts simply become too overwhelming to dispute?)

To reiterate: we are talking about a serious allegation that Obama’s Justice Department refuses to enforce the civil rights laws without regard to the race of the defendant and — without any legal basis — is preventing a witness from testifying. If it were not for their partisan loyalty and desire to minimize a scandal they have ignored for far too long, the mainstream media and the punditocracy would be going nuts. Imagine if the Bush administration had refused to allow a key Justice Department attorney to testify as to why a Republican administration dropped a slam-dunk case against a white racist organization. It’s inconceivable that a Republican administration would attempt such a thing or that the media would yawn in response.

Let’s see what Holder’s excuse is now for blocking an inquiry into his department’s lawless conduct.

From the onset of the New Black Panther Party scandal, the Obama Justice Department has refused to allow percipient witnesses, including the trial team, to testify. Eric Holder has prevented those accused of quashing the voter-intimidation case and those who complained about the quashing to testify. J. Christian Adams had to quit his job in order to tell his story.

The U.S. Commission on Civil Rights is now challenging the mainstream-media canard — this is “small potatoes” — and pushing Holder to end the stonewalling. The chairman of the commission, Gerald Reynolds, wrote to Holder yesterday. The letter reads, in part:

Mr. Adams testified that there is hostility within the Civil Rights Division to the race neutral enforcement of civil rights protections, and that such hostility may be supported by statements of current political appointees in the Division. By way of example, his testimony indicated that career employees refused to work on the Ike Brown litigation (in which the court found that the voting rights of white and black voters had been violated by a black official) and, most importantly, that specific instructions were given to Mr. Chris] Coates [head of the Black Panther trial team] from Deputy Assistant Attorney General Julie Fernandes to the effect that “cases are not going to be brought against black defendants for the benefit of white victims; that if somebody wanted to bring these cases it was up to the U.S. Attorney, but the Civil Rights Division wasn’t going to be bringing it.”

Without waiving its rights to examine Department personnel in the future as to the decision making process in the New Black Panther Party litigation, the Commission will agree to limit Mr. Coates’s (initial) questioning to non-deliberative statements or actions relating to whether there is a policy and/or culture within the Department of discriminatory enforcement of civil rights laws and whether there is a policy not to enforce Section 8 of the National Voter Registration Act.

(And oh, by the way, the chief pooh-pooher on the commission, a Republican who’s now the darling of the left, “fearlessly” abstained from the vote to send the letter. What could possibly be the objection or the reason to take a pass — or have the facts simply become too overwhelming to dispute?)

To reiterate: we are talking about a serious allegation that Obama’s Justice Department refuses to enforce the civil rights laws without regard to the race of the defendant and — without any legal basis — is preventing a witness from testifying. If it were not for their partisan loyalty and desire to minimize a scandal they have ignored for far too long, the mainstream media and the punditocracy would be going nuts. Imagine if the Bush administration had refused to allow a key Justice Department attorney to testify as to why a Republican administration dropped a slam-dunk case against a white racist organization. It’s inconceivable that a Republican administration would attempt such a thing or that the media would yawn in response.

Let’s see what Holder’s excuse is now for blocking an inquiry into his department’s lawless conduct.

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Time for a Uniter, Not a Divider

Pat Caddell and Douglas Schoen, two Democratic pollsters and consultants, repeatedly have tried to warn their fellow Democrats that they are blowing it — going too far left, passing legislation disliked by the public, and ignoring the issues voters care about most. Now they’re going after Obama for his excessive divisiveness: “Rather than being a unifier, Mr. Obama has divided America on the basis of race, class and partisanship. Moreover, his cynical approach to governance has encouraged his allies to pursue a similar strategy of racially divisive politics on his behalf.”

On race, there was Gatesgate and then the New Black Panther Party scandal. As to the latter, they explain:

On an issue that has gotten much less attention, but is potentially just as divisive, the Justice Department has pointedly refused to prosecute three members of the New Black Panther Party for voter intimidation at the polls on Election Day 2008.

It is the job of the Department of Justice to protect all American voters from voter discrimination and voter intimidation—whether committed by the far right, the far left, or the New Black Panthers. It is unacceptable for the Department of Justice to continue to stonewall on this issue.

No, the case is not “small potatoes’ — it goes to the heart of Obama’s promise to be post-racial and to the essence of what “equal protection” means.

It’s not just racial antagonisms that Obama has exacerbated. As Caddell and Schoen observe, no president in recent memory has played the class-warfare card and maligned private industry as much as Obama. (“He bashes Wall Street and insurance companies whenever convenient to advance his programs, yet he has been eager to accept campaign contributions and negotiate with these very same banks and corporations behind closed doors in order to advance his political agenda.”)

But it is on partisanship that Obama has really excelled. The sneering disrespect for political opponents, the refusal to engage in any genuine give-and-take with the GOP, and his obnoxious vilification of his predecessor have distinguished this White House as the most politically vindictive and obsessive (going even so far as to put political hacks in the center of foreign policy formulation) since Richard Nixon’s.

This is not just a disappointment to his starry-eyed supporters; it’s also politically disastrous for Obama. He’s managed to alienate the great swath of independent voters for whom all this is deeply troubling, if not frightening. The public may be ready for a post-post-partisan and post-post-racial president. Maybe someone who can offer hope and change from the old-style politics of personal destruction.

Pat Caddell and Douglas Schoen, two Democratic pollsters and consultants, repeatedly have tried to warn their fellow Democrats that they are blowing it — going too far left, passing legislation disliked by the public, and ignoring the issues voters care about most. Now they’re going after Obama for his excessive divisiveness: “Rather than being a unifier, Mr. Obama has divided America on the basis of race, class and partisanship. Moreover, his cynical approach to governance has encouraged his allies to pursue a similar strategy of racially divisive politics on his behalf.”

On race, there was Gatesgate and then the New Black Panther Party scandal. As to the latter, they explain:

On an issue that has gotten much less attention, but is potentially just as divisive, the Justice Department has pointedly refused to prosecute three members of the New Black Panther Party for voter intimidation at the polls on Election Day 2008.

It is the job of the Department of Justice to protect all American voters from voter discrimination and voter intimidation—whether committed by the far right, the far left, or the New Black Panthers. It is unacceptable for the Department of Justice to continue to stonewall on this issue.

No, the case is not “small potatoes’ — it goes to the heart of Obama’s promise to be post-racial and to the essence of what “equal protection” means.

It’s not just racial antagonisms that Obama has exacerbated. As Caddell and Schoen observe, no president in recent memory has played the class-warfare card and maligned private industry as much as Obama. (“He bashes Wall Street and insurance companies whenever convenient to advance his programs, yet he has been eager to accept campaign contributions and negotiate with these very same banks and corporations behind closed doors in order to advance his political agenda.”)

But it is on partisanship that Obama has really excelled. The sneering disrespect for political opponents, the refusal to engage in any genuine give-and-take with the GOP, and his obnoxious vilification of his predecessor have distinguished this White House as the most politically vindictive and obsessive (going even so far as to put political hacks in the center of foreign policy formulation) since Richard Nixon’s.

This is not just a disappointment to his starry-eyed supporters; it’s also politically disastrous for Obama. He’s managed to alienate the great swath of independent voters for whom all this is deeply troubling, if not frightening. The public may be ready for a post-post-partisan and post-post-racial president. Maybe someone who can offer hope and change from the old-style politics of personal destruction.

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Using Sherrod to Undermine the New Black Panther Case

While Andrew Breitbart’s release of a misleading edited version of the now-famous Shirley Sherrod speech on race has led him to rightly note that he has become “public enemy number one,” the left is using the controversy he engendered to knock down a wide array of right-wing targets. Not surprising, they hope to drown the outrage over the New Black Panther Party case along with Breitbart.

That’s the not-so-subtle message of a New York Times feature published yesterday, which claims, as its headline insists, “When Race Is the Issue, Misleading Coverage Sets Off an Uproar.” Though the piece leads with Breitbart’s on-target charge that the left is seeking to brand everyone on the right as racist no matter what the facts of the case might be, the subject quickly changes to one the paper is more comfortable with: the idea that accusations of reverse racism (as the Sherrod speech was initially and wrongly thought to be) are all false. As reporter Brian Stelter puts it: “It is an open question whether conservative media outlets risk damage to their credibility when obscure or misleading stories are blown out of proportion.”

And what, other than the Breitbart/Sherrod fiasco, can the Times produce to prove this thesis? None other than the New Black Panther case, in which an African-American hate group engaged in voter intimidation at the polls on Election Day in 2008. The fact that Fox News pursued the story of this crime, which went unpunished by local Philadelphia authorities and which the Justice Department has been reluctant to take up as a violation of civil rights, is presented by the Times as proof that Fox and its news anchor Megyn Kelly engaged in racist coverage.

As Jennifer has written, the mainstream media has been painfully slow to cover this story, which, as many others have said, would have been front-page news if, say, the equally small remnants of the Ku Klux Klan had stood outside of voting places threatening poll watchers and voters with sticks. But despite the fact that the Times itself did eventually get around to printing a story about the case and the allegations that a reluctance to prosecute a black group for offenses that were once solely the avocation of white racists is the reason why the crime is still unpunished, Stelter merely repeats without demurral the dismissal of the entire topic by liberal ideologues like Democratic National Committee Chairman Howard Dean. Whatever one may think about whether the Justice Department has grounds to take on the New Black Panthers and those who have protected them from prosecution, there is nothing “obscure and misleading” about the uproar over what appears to be an outrageous miscarriage of justice.

While Breitbart is still taking a drubbing for his role in the Sherrod story, with Stelter’s piece, the Times more or less proves his point — that the liberal media’s goal is not truth or responsible journalism but rather the advancement of their own brand of partisan smear mongering.

While Andrew Breitbart’s release of a misleading edited version of the now-famous Shirley Sherrod speech on race has led him to rightly note that he has become “public enemy number one,” the left is using the controversy he engendered to knock down a wide array of right-wing targets. Not surprising, they hope to drown the outrage over the New Black Panther Party case along with Breitbart.

That’s the not-so-subtle message of a New York Times feature published yesterday, which claims, as its headline insists, “When Race Is the Issue, Misleading Coverage Sets Off an Uproar.” Though the piece leads with Breitbart’s on-target charge that the left is seeking to brand everyone on the right as racist no matter what the facts of the case might be, the subject quickly changes to one the paper is more comfortable with: the idea that accusations of reverse racism (as the Sherrod speech was initially and wrongly thought to be) are all false. As reporter Brian Stelter puts it: “It is an open question whether conservative media outlets risk damage to their credibility when obscure or misleading stories are blown out of proportion.”

And what, other than the Breitbart/Sherrod fiasco, can the Times produce to prove this thesis? None other than the New Black Panther case, in which an African-American hate group engaged in voter intimidation at the polls on Election Day in 2008. The fact that Fox News pursued the story of this crime, which went unpunished by local Philadelphia authorities and which the Justice Department has been reluctant to take up as a violation of civil rights, is presented by the Times as proof that Fox and its news anchor Megyn Kelly engaged in racist coverage.

As Jennifer has written, the mainstream media has been painfully slow to cover this story, which, as many others have said, would have been front-page news if, say, the equally small remnants of the Ku Klux Klan had stood outside of voting places threatening poll watchers and voters with sticks. But despite the fact that the Times itself did eventually get around to printing a story about the case and the allegations that a reluctance to prosecute a black group for offenses that were once solely the avocation of white racists is the reason why the crime is still unpunished, Stelter merely repeats without demurral the dismissal of the entire topic by liberal ideologues like Democratic National Committee Chairman Howard Dean. Whatever one may think about whether the Justice Department has grounds to take on the New Black Panthers and those who have protected them from prosecution, there is nothing “obscure and misleading” about the uproar over what appears to be an outrageous miscarriage of justice.

While Breitbart is still taking a drubbing for his role in the Sherrod story, with Stelter’s piece, the Times more or less proves his point — that the liberal media’s goal is not truth or responsible journalism but rather the advancement of their own brand of partisan smear mongering.

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Stacking the Deck, Providing Cover

Face the Nation hosted a discussion on Sunday of the New Black Panther case. It was yet another obvious instance of shilling for the administration and covering for the media’s own abysmal delinquency in reporting on the case. The only guest who was remotely critical of the administration and who made any effort to argue that the case was serious and that the administration was stonewalling was John Fund. But his time was severely limited, and all he really offered was this:

JOHN FUND (Wall Street Journal): I know we don’t have all the facts because this Justice Department is stonewalling subpoenas issued by the U.S. Commission on Civil Rights. They even–

BOB SCHIEFFER: Big surprise.

JOHN FUND: –transferred one of the officials to South Carolina so he’s outside the jurisdiction of the Civil Rights Commission subpoenas. Look, two African-American poll watchers testified they were intimidated by these people. And this is part of a pattern —

BOB SCHIEFFER: But– but– no voter, John.

JOHN FUND: Well, we– we– we saw– we saw testimony that the voters said that they turned around and said they would came back. We don’t know if they ever came back. We do know that this is a pattern with the Justice Department. Kinston, North Carolina is a predominantly African-American city and voted to have non-partisan elections. The Justice Department said no, you can’t do that. You have to continue to give black voters the cue of Democrat versus Republican, so they’ll know who to vote for. And you go through it. Georgia. Georgia wanted to take social security data and verify the U.S. citizenship of people who were registering to vote. Justice Department said you couldn’t do that. There is a consistent politicization of the Justice Department. We just had a report clearing the Bush administration of illegality in the U.S. attorney’s case. I think that the Justice Department is clearly stonewalling these subpoenas because they have something to hide. Do I know exactly what they’re hiding? I don’t. And I just
want to say something about Mister West’s comments. I agree we’ve made great progress in race in this country.

Even that is incomplete and misleading. Poll workers, also protected under the Voting Rights Act, were intimidated and supplied affidavits attesting to the illegal behavior of the two Black Panthers at the polling place. Apparently, the U.S. Civil Rights commissioner who insists there was no evidence of intimidation wasn’t paying attention at the hearings. Had a more informed guest been allowed on the show, he or she might have explained:

For anyone who bothers to actually look at the record, the U.S. Commission on Civil Rights received direct evidence on that very issue. Those critics also miss the point that it is a crime to attempt to intimidate voters and anyone assisting voters, which would include poll watchers, and no one watching the videotape could come to any conclusion other than the New Black Panthers were trying to intimidate people at that poll in Philadelphia.

On the issue of poll watchers, one of the witnesses at the first hearing of the U.S. Commission on Civil Rights, Chris Hill, testified on that specific point and what happened when he got to the polling place. He was responding to a desperate phone call for help from one of the two black poll watchers who were stationed at the polling place. …

So there is witness testimony that both Black Panthers, including the one who was dismissed by the Justice Department, were physically threatening a poll watcher. And the witnesses made it clear that the two Black Panthers acted as a team, in concert, at the polling place. … Of course, no one knows if those voters ever came back – but we know for sure that they left without voting when Hill was there rather than try to get by the New Black Panthers. What is so odd about this is that Hill was then questioned about that testimony by Commissioner Abby Thernstrom, who has been one of the persons claiming there is no evidence that voters were kept from voting.

None of that was revealed on the show, and no one alluded to the multiple witnesses who claim that the Justice Department has shunned cases that don’t match the historical civil rights model (white bigots vs. minority victims). No one noted that the head of the Civil Rights Division has been accused of providing untruthful testimony on this point. Moreover, there was no discussion of Bob Schieffer’s own pathetic ignorance of the story for a year, nor any mention of how bizarre was his excuse that he missed the scandal: he was on vacation when a key witness testified.

This sort of display reinforces the impression that the media is biased and now dedicated to covering not only the Obami’s tracks but also its own.

Face the Nation hosted a discussion on Sunday of the New Black Panther case. It was yet another obvious instance of shilling for the administration and covering for the media’s own abysmal delinquency in reporting on the case. The only guest who was remotely critical of the administration and who made any effort to argue that the case was serious and that the administration was stonewalling was John Fund. But his time was severely limited, and all he really offered was this:

JOHN FUND (Wall Street Journal): I know we don’t have all the facts because this Justice Department is stonewalling subpoenas issued by the U.S. Commission on Civil Rights. They even–

BOB SCHIEFFER: Big surprise.

JOHN FUND: –transferred one of the officials to South Carolina so he’s outside the jurisdiction of the Civil Rights Commission subpoenas. Look, two African-American poll watchers testified they were intimidated by these people. And this is part of a pattern —

BOB SCHIEFFER: But– but– no voter, John.

JOHN FUND: Well, we– we– we saw– we saw testimony that the voters said that they turned around and said they would came back. We don’t know if they ever came back. We do know that this is a pattern with the Justice Department. Kinston, North Carolina is a predominantly African-American city and voted to have non-partisan elections. The Justice Department said no, you can’t do that. You have to continue to give black voters the cue of Democrat versus Republican, so they’ll know who to vote for. And you go through it. Georgia. Georgia wanted to take social security data and verify the U.S. citizenship of people who were registering to vote. Justice Department said you couldn’t do that. There is a consistent politicization of the Justice Department. We just had a report clearing the Bush administration of illegality in the U.S. attorney’s case. I think that the Justice Department is clearly stonewalling these subpoenas because they have something to hide. Do I know exactly what they’re hiding? I don’t. And I just
want to say something about Mister West’s comments. I agree we’ve made great progress in race in this country.

Even that is incomplete and misleading. Poll workers, also protected under the Voting Rights Act, were intimidated and supplied affidavits attesting to the illegal behavior of the two Black Panthers at the polling place. Apparently, the U.S. Civil Rights commissioner who insists there was no evidence of intimidation wasn’t paying attention at the hearings. Had a more informed guest been allowed on the show, he or she might have explained:

For anyone who bothers to actually look at the record, the U.S. Commission on Civil Rights received direct evidence on that very issue. Those critics also miss the point that it is a crime to attempt to intimidate voters and anyone assisting voters, which would include poll watchers, and no one watching the videotape could come to any conclusion other than the New Black Panthers were trying to intimidate people at that poll in Philadelphia.

On the issue of poll watchers, one of the witnesses at the first hearing of the U.S. Commission on Civil Rights, Chris Hill, testified on that specific point and what happened when he got to the polling place. He was responding to a desperate phone call for help from one of the two black poll watchers who were stationed at the polling place. …

So there is witness testimony that both Black Panthers, including the one who was dismissed by the Justice Department, were physically threatening a poll watcher. And the witnesses made it clear that the two Black Panthers acted as a team, in concert, at the polling place. … Of course, no one knows if those voters ever came back – but we know for sure that they left without voting when Hill was there rather than try to get by the New Black Panthers. What is so odd about this is that Hill was then questioned about that testimony by Commissioner Abby Thernstrom, who has been one of the persons claiming there is no evidence that voters were kept from voting.

None of that was revealed on the show, and no one alluded to the multiple witnesses who claim that the Justice Department has shunned cases that don’t match the historical civil rights model (white bigots vs. minority victims). No one noted that the head of the Civil Rights Division has been accused of providing untruthful testimony on this point. Moreover, there was no discussion of Bob Schieffer’s own pathetic ignorance of the story for a year, nor any mention of how bizarre was his excuse that he missed the scandal: he was on vacation when a key witness testified.

This sort of display reinforces the impression that the media is biased and now dedicated to covering not only the Obami’s tracks but also its own.

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Flotsam and Jestsam

Not like it’s out of the blue: “The number of U.S. Voters who view the issue of Taxes as Very Important has jumped 10 points from May to its highest level ever in Rasmussen Reports tracking. Still, Taxes rank fourth on a list of 10 issues regularly tracked by Rasmussen Reports.” Nothing like Democrats’ plan for a mammoth tax hike to raise the tax issue.

The administration is running out of spinners. Not even the New York Times will excuse this: “A prisoner who begs to stay indefinitely at the Guantánamo Bay detention center rather than be sent back to Algeria probably has a strong reason to fear the welcoming reception at home. Abdul Aziz Naji, who has been held at Guantánamo since 2002, told the Obama administration that he would be tortured if he was transferred to Algeria, by either the Algerian government or fundamentalist groups there. Though he offered to remain at the prison, the administration shipped him home last weekend and washed its hands of the man. Almost immediately upon arrival, he disappeared, and his family fears the worst. It is an act of cruelty that seems to defy explanation.”

One hundred days out, things are looking pretty gloomy for the Democrats: “Republicans have been touting their chances of retaking the House and, despite their almost 2-to-1 financial disadvantage, many observers – including White House Press Secretary Robert Gibbs – believe it’s a possibility.”

The Obami would be wise to get the whole story out: “Correspondence obtained by The Sunday Times reveals the Obama administration considered compassionate release more palatable than locking up Abdel Baset al-Megrahi in a Libyan prison. … The document, acquired by a well-placed US source, threatens to undermine US President Barack Obama’s claim last week that all Americans were ‘surprised, disappointed and angry’ to learn of Megrahi’s release.”

You sense the Democrats are going to get blown out of the water in November if Obama is still trying to win over the MoveOn.org crowd.

Jake Tapper goes out in style with a grilling of Timothy Geithner on letting the Bush tax cuts expire. (“Don’t you think it will slow economic growth?”) The show is about to become unwatchable with Christiane Amanpour as host.

On Fox News Sunday, Mara Liasson and Bill Kristol agree that there’s no comparison between the administration and the media on Shirley Sherrod. The media showed itself to be irresponsible; the administration, out of its depth. Kristol: “I mean, the media — I was in the Reagan administration 25 years ago. The media reported things falsely. It’s not — this is not — this is nothing new. You’re — if you are the — a cabinet secretary, you have an obligation to the people working for you to make sure that the charges being leveled against them are true. And you can wait a day and, God, it would be horrible if Glenn Beck attacked the Obama administration for one show. That never happens, you know. I mean, the idea that you panic and fire someone based on one report that hadn’t been on television yet — right?”

A former Justice Department official says Democrats strain the outer limits of voters’ credulity if they claim ignorance of the New Black Panther scandal.

Not like it’s out of the blue: “The number of U.S. Voters who view the issue of Taxes as Very Important has jumped 10 points from May to its highest level ever in Rasmussen Reports tracking. Still, Taxes rank fourth on a list of 10 issues regularly tracked by Rasmussen Reports.” Nothing like Democrats’ plan for a mammoth tax hike to raise the tax issue.

The administration is running out of spinners. Not even the New York Times will excuse this: “A prisoner who begs to stay indefinitely at the Guantánamo Bay detention center rather than be sent back to Algeria probably has a strong reason to fear the welcoming reception at home. Abdul Aziz Naji, who has been held at Guantánamo since 2002, told the Obama administration that he would be tortured if he was transferred to Algeria, by either the Algerian government or fundamentalist groups there. Though he offered to remain at the prison, the administration shipped him home last weekend and washed its hands of the man. Almost immediately upon arrival, he disappeared, and his family fears the worst. It is an act of cruelty that seems to defy explanation.”

One hundred days out, things are looking pretty gloomy for the Democrats: “Republicans have been touting their chances of retaking the House and, despite their almost 2-to-1 financial disadvantage, many observers – including White House Press Secretary Robert Gibbs – believe it’s a possibility.”

The Obami would be wise to get the whole story out: “Correspondence obtained by The Sunday Times reveals the Obama administration considered compassionate release more palatable than locking up Abdel Baset al-Megrahi in a Libyan prison. … The document, acquired by a well-placed US source, threatens to undermine US President Barack Obama’s claim last week that all Americans were ‘surprised, disappointed and angry’ to learn of Megrahi’s release.”

You sense the Democrats are going to get blown out of the water in November if Obama is still trying to win over the MoveOn.org crowd.

Jake Tapper goes out in style with a grilling of Timothy Geithner on letting the Bush tax cuts expire. (“Don’t you think it will slow economic growth?”) The show is about to become unwatchable with Christiane Amanpour as host.

On Fox News Sunday, Mara Liasson and Bill Kristol agree that there’s no comparison between the administration and the media on Shirley Sherrod. The media showed itself to be irresponsible; the administration, out of its depth. Kristol: “I mean, the media — I was in the Reagan administration 25 years ago. The media reported things falsely. It’s not — this is not — this is nothing new. You’re — if you are the — a cabinet secretary, you have an obligation to the people working for you to make sure that the charges being leveled against them are true. And you can wait a day and, God, it would be horrible if Glenn Beck attacked the Obama administration for one show. That never happens, you know. I mean, the idea that you panic and fire someone based on one report that hadn’t been on television yet — right?”

A former Justice Department official says Democrats strain the outer limits of voters’ credulity if they claim ignorance of the New Black Panther scandal.

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New Black Panthers — GOP Turns Up the Heat

Republicans on the Hill are turning their sights to the mushrooming New Black Panther Party scandal. Two of the latest developments signal the more aggressive stance from Republicans.

First, Rep. Lamar Smith (one of the few congressmen who has diligently hounded the administration for answers about the dismissal of the voter-intimidation case and for its position on enforcement of the civil rights laws) wrote to the president. As Ranking Chair on the House Judiciary Committee, he is asking for a special prosecutor to be appointed not only to investigate the dismissal of a single case but also to determine whether the Obama Justice Department is operating under a “no lawsuits against minorities” rule.

Then on Friday, in the Senate, the GOP members of the Judiciary Committee — all seven, including Lindsey Graham — sent a letter to Committee Chairman Pat Leahy. They list the relevant facts of the case, and they also make clear there is more at issue than a single case. The senators recap testimony that the assistant attorney general for civil rights, Thomas Perez, may have provided untruthful testimony and that the deputy assistant attorney general for civil rights, Julie Fernandes, said that the Department wouldn’t pursue cases with minority defendants and white victims. They conclude that if the allegations are true, the Obama Justice Department is guilty of “politicization and possible corruption.” They demand a hearing. The kicker is subtle and in the final line: “Given the importance of this oversight matter, we believe that holding a hearing on this issue should take priority over other Committee business.”

Are the Republicans threatening to hold up confirmation hearings? Could filibusters be in the future? There is the Elena Kagan vote and also the hearing to fill the No. 2 slot in Justice. (The controversial James Cole awaits his confirmation hearing.) If the Obama administration wants to move forward on its issues and appointments, the Republicans seem to be implying that the stonewall act of Eric Holder, aided and abetted by the slothful Democratic chairmen, must end. Seems fair, right?

Maybe now the mainstream media will recognize that this story is hardly about a single case, as noxious as it was to forfeit a default judgment against blatant violators of the Voting Rights Act. Face the Nation is scheduled to take a look at the matter today. (I wonder if the guests have been warned not to bring up the network’s yearlong refusal to cover the story.) We will see whether the mainstream media perk up and admit there is, in fact, a scandal of significant proportions that needs to be fully investigated.

The Democrats may be more motivated now than they were a month or a year ago to look into the allegations for two reasons. First, if one or both of the houses flip to Republican control, Rep. Lamar Smith will be Chairman Smith, and Republicans will have subpoena power. Perhaps now is the time for the Obami and House Democrats to make amends with Smith, whose requests and inquiries have been repeatedly ignored. There is nothing quite like a new chairman with an axe to grind. Similarly in the Senate, wouldn’t it be better for the Democrats to have a hearing under the protective eye of Sen. Leahy? It’s a big risk to let things build and to hope that all the polls showing an impending landslide are wrong. They could be facing Chairman Kyl, you know.

Second, Congress is soon to recess. What if — like Rep. Brad Sherman — more Democrats are “ambushed” by constituents demanding answers about the case? (Note to Democratic friends: read up about the case; the voters don’t like it when you say you’ve never heard about something because the New York Times didn’t report on it.) Certainly, if confronted by irate voters, Democrats would prefer to say: “Yes, I’m concerned too about equal enforcement of civil rights laws. We sure are going to have a hearing on that. Now, let’s get back to the real issue in the campaign: George W. Bush.” Well, you get the idea.

Even if the media is in damage-control mode — playing dumb about the wider implications of the case — Republicans have no intention of going along with the charade. As a result, an unseemly scandal is about to get a whole lot more attention. Like it or not, the media may be obliged to follow the story — the whole story.

Republicans on the Hill are turning their sights to the mushrooming New Black Panther Party scandal. Two of the latest developments signal the more aggressive stance from Republicans.

First, Rep. Lamar Smith (one of the few congressmen who has diligently hounded the administration for answers about the dismissal of the voter-intimidation case and for its position on enforcement of the civil rights laws) wrote to the president. As Ranking Chair on the House Judiciary Committee, he is asking for a special prosecutor to be appointed not only to investigate the dismissal of a single case but also to determine whether the Obama Justice Department is operating under a “no lawsuits against minorities” rule.

Then on Friday, in the Senate, the GOP members of the Judiciary Committee — all seven, including Lindsey Graham — sent a letter to Committee Chairman Pat Leahy. They list the relevant facts of the case, and they also make clear there is more at issue than a single case. The senators recap testimony that the assistant attorney general for civil rights, Thomas Perez, may have provided untruthful testimony and that the deputy assistant attorney general for civil rights, Julie Fernandes, said that the Department wouldn’t pursue cases with minority defendants and white victims. They conclude that if the allegations are true, the Obama Justice Department is guilty of “politicization and possible corruption.” They demand a hearing. The kicker is subtle and in the final line: “Given the importance of this oversight matter, we believe that holding a hearing on this issue should take priority over other Committee business.”

Are the Republicans threatening to hold up confirmation hearings? Could filibusters be in the future? There is the Elena Kagan vote and also the hearing to fill the No. 2 slot in Justice. (The controversial James Cole awaits his confirmation hearing.) If the Obama administration wants to move forward on its issues and appointments, the Republicans seem to be implying that the stonewall act of Eric Holder, aided and abetted by the slothful Democratic chairmen, must end. Seems fair, right?

Maybe now the mainstream media will recognize that this story is hardly about a single case, as noxious as it was to forfeit a default judgment against blatant violators of the Voting Rights Act. Face the Nation is scheduled to take a look at the matter today. (I wonder if the guests have been warned not to bring up the network’s yearlong refusal to cover the story.) We will see whether the mainstream media perk up and admit there is, in fact, a scandal of significant proportions that needs to be fully investigated.

The Democrats may be more motivated now than they were a month or a year ago to look into the allegations for two reasons. First, if one or both of the houses flip to Republican control, Rep. Lamar Smith will be Chairman Smith, and Republicans will have subpoena power. Perhaps now is the time for the Obami and House Democrats to make amends with Smith, whose requests and inquiries have been repeatedly ignored. There is nothing quite like a new chairman with an axe to grind. Similarly in the Senate, wouldn’t it be better for the Democrats to have a hearing under the protective eye of Sen. Leahy? It’s a big risk to let things build and to hope that all the polls showing an impending landslide are wrong. They could be facing Chairman Kyl, you know.

Second, Congress is soon to recess. What if — like Rep. Brad Sherman — more Democrats are “ambushed” by constituents demanding answers about the case? (Note to Democratic friends: read up about the case; the voters don’t like it when you say you’ve never heard about something because the New York Times didn’t report on it.) Certainly, if confronted by irate voters, Democrats would prefer to say: “Yes, I’m concerned too about equal enforcement of civil rights laws. We sure are going to have a hearing on that. Now, let’s get back to the real issue in the campaign: George W. Bush.” Well, you get the idea.

Even if the media is in damage-control mode — playing dumb about the wider implications of the case — Republicans have no intention of going along with the charade. As a result, an unseemly scandal is about to get a whole lot more attention. Like it or not, the media may be obliged to follow the story — the whole story.

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WEB EXCLUSIVE: How the Mainstream Media Misses the News

For a year, a small number of conservative media outlets have been reporting on the New Black Panther Party scandal – a slam-dunk voter-intimidation case documented on videotape, which the government won by default but that Obama administration appointees ordered career lawyers to dismiss against the NBPP and two individual defendants. (The injunction against a third individual was drastically curtailed.) On the web at CONTENTIONS, Hot Air.com, and National Review Online, and on the pages of the Weekly Standard and the Washington Times, readers could watch the story unfold as bit by bit an extraordinary tale came into focus and the stone wall erected by the Holder Justice Department crumbled.

To read the rest of this COMMENTARY Web Exclusive, click here.

For a year, a small number of conservative media outlets have been reporting on the New Black Panther Party scandal – a slam-dunk voter-intimidation case documented on videotape, which the government won by default but that Obama administration appointees ordered career lawyers to dismiss against the NBPP and two individual defendants. (The injunction against a third individual was drastically curtailed.) On the web at CONTENTIONS, Hot Air.com, and National Review Online, and on the pages of the Weekly Standard and the Washington Times, readers could watch the story unfold as bit by bit an extraordinary tale came into focus and the stone wall erected by the Holder Justice Department crumbled.

To read the rest of this COMMENTARY Web Exclusive, click here.

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Flotsam and Jetsam

There is no hero in this racial food fight.

There is no sign of a Democratic comeback in Ohio: “Little has changed in the gubernatorial race in Ohio this month, with Republican John Kasich continuing to hold a small lead over incumbent Ted Strickland. The latest Rasmussen Reports statewide telephone survey of Likely Voter shows Kasich picking up 48% support, while the current governor earns 43% of the vote. Three percent (3%) prefer a different candidate, and another five percent (5%) are undecided.”

There is no real GOP challenge to Sen. David Vitter in Louisiana, says Stu Rothenberg. “Reporters like to write about Vitter because it gives them the opportunity each time to detail his juicy past problems, but until there is evidence that [Supreme Court Justice Chet] Traylor is making headway in his uphill bid, the Republican primary isn’t much of a story.”

There is no love loss between Alan Dershowitz and J Street. Dershowitz is very mad about J Street’s hit piece, which includes him among its foes (conservative Zionists, of course): “J Street continues to destroy its credibility by posting deceptive and divisive ads of this kind. If they are willing to mislead the public in this manner, they should not be trusted to tell the truth about anything relating to Israel. They are more interested in increasing their own power and contributions than they are in supporting Israel or promoting truthful dialogue. If they want to have any chance at restoring their credibility, they must begin to tell the truth. A good first step would be to remove this ad and admit that it was fraudulent. Otherwise, everyone will begin to understand what the J in J Street stands for: Joe McCarthy.”

There is no inaccuracy in that J Street ad, the New York Times declares! “Nothing is in dispute,” the Gray Lady says. Hmm. Maybe they should talk to Dershowitz.

There is no crime, the Democrats finally admit. Quin Hillyer: “The Bush Justice Department, hamhanded as it became once Alberto Gonzales took over from the excellent John Ashcroft, was guilty of nothing other than political idiocy in its handling of the firing of eight US attorneys. No crime was committed. I await the apologies from the breathless, moronic, biased, leftists in the establishment media who went ape over this almost-non-story in the first place.”

There is no shocker that Laura Rozen, now of Politico and J Street’s favorite scribe (always good for a blind quote on dual-loyalty slams against Jews), was on Journolist whacking conservatives (“Can you imagine if these bozos had won?”).

There is no fond feelings between Obama and House Democrats: “The White House’s appearance of institutional and personal arrogance has left congressional Democrats divided and discontent going into the midterms. It weakens Democratic efforts not only this year, but well into the future. Having once fostered the impression that it’s every Democrat for himself, the president will find it hard to undo the damage when his own name is on the ballot.”

There is no hero in this racial food fight.

There is no sign of a Democratic comeback in Ohio: “Little has changed in the gubernatorial race in Ohio this month, with Republican John Kasich continuing to hold a small lead over incumbent Ted Strickland. The latest Rasmussen Reports statewide telephone survey of Likely Voter shows Kasich picking up 48% support, while the current governor earns 43% of the vote. Three percent (3%) prefer a different candidate, and another five percent (5%) are undecided.”

There is no real GOP challenge to Sen. David Vitter in Louisiana, says Stu Rothenberg. “Reporters like to write about Vitter because it gives them the opportunity each time to detail his juicy past problems, but until there is evidence that [Supreme Court Justice Chet] Traylor is making headway in his uphill bid, the Republican primary isn’t much of a story.”

There is no love loss between Alan Dershowitz and J Street. Dershowitz is very mad about J Street’s hit piece, which includes him among its foes (conservative Zionists, of course): “J Street continues to destroy its credibility by posting deceptive and divisive ads of this kind. If they are willing to mislead the public in this manner, they should not be trusted to tell the truth about anything relating to Israel. They are more interested in increasing their own power and contributions than they are in supporting Israel or promoting truthful dialogue. If they want to have any chance at restoring their credibility, they must begin to tell the truth. A good first step would be to remove this ad and admit that it was fraudulent. Otherwise, everyone will begin to understand what the J in J Street stands for: Joe McCarthy.”

There is no inaccuracy in that J Street ad, the New York Times declares! “Nothing is in dispute,” the Gray Lady says. Hmm. Maybe they should talk to Dershowitz.

There is no crime, the Democrats finally admit. Quin Hillyer: “The Bush Justice Department, hamhanded as it became once Alberto Gonzales took over from the excellent John Ashcroft, was guilty of nothing other than political idiocy in its handling of the firing of eight US attorneys. No crime was committed. I await the apologies from the breathless, moronic, biased, leftists in the establishment media who went ape over this almost-non-story in the first place.”

There is no shocker that Laura Rozen, now of Politico and J Street’s favorite scribe (always good for a blind quote on dual-loyalty slams against Jews), was on Journolist whacking conservatives (“Can you imagine if these bozos had won?”).

There is no fond feelings between Obama and House Democrats: “The White House’s appearance of institutional and personal arrogance has left congressional Democrats divided and discontent going into the midterms. It weakens Democratic efforts not only this year, but well into the future. Having once fostered the impression that it’s every Democrat for himself, the president will find it hard to undo the damage when his own name is on the ballot.”

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NBC Catches Up on New Black Panther Case

As did the rest of the mainstream media, NBC News has ignored the New Black Panther voter intimidation case. Last night it finally aired a story. You can view the report here. For reasons that are not clear, Pete Williams omitted any mention of the most incendiary evidence, namely the testimony of multiple witnesses that the Obama Justice Department is averse to filing civil rights claims against minorities. Likewise, he failed to mention that the Obama Justice Department has tried to prevent the trial team from testifying or that there is evidence suggesting that a top Justice Department official, Thomas Perez, provided misleading testimony under oath. For NBC News to have done so would have entirely undermined the naysayers, who declare that this a trivial matter. But if you try to cram a year of reporting into a three-minute piece, a lot goes unsaid.

As an aside, more than one of these “catch up” pieces has asserted that there was no real racial intimidation at the polling place. This is wrong as a factual matter. Before the U.S. Commission on Civil Rights, testimony was heard that two of the defendants tried to block the door when Chris Hill, a certified poll watcher, was going inside, but he walked past them. King Samir Shabazz yelled racial epithets at white poll watchers. There were eyewitnesses who testified that they saw voters turn away in fear at the sight of the Panthers, who were themselves blocked by the Panthers from entering the polls, and who talked to African-American Republicans, who were called race traitors.

It’s curious that the mainstream media, after ignoring the case, now seem to be making an effort to ignore key evidence and narrow the focus of the scandal. After all, if it was a really big, obvious, and far-reaching scandal, people would want to know where the liberal media have been all this time.

As did the rest of the mainstream media, NBC News has ignored the New Black Panther voter intimidation case. Last night it finally aired a story. You can view the report here. For reasons that are not clear, Pete Williams omitted any mention of the most incendiary evidence, namely the testimony of multiple witnesses that the Obama Justice Department is averse to filing civil rights claims against minorities. Likewise, he failed to mention that the Obama Justice Department has tried to prevent the trial team from testifying or that there is evidence suggesting that a top Justice Department official, Thomas Perez, provided misleading testimony under oath. For NBC News to have done so would have entirely undermined the naysayers, who declare that this a trivial matter. But if you try to cram a year of reporting into a three-minute piece, a lot goes unsaid.

As an aside, more than one of these “catch up” pieces has asserted that there was no real racial intimidation at the polling place. This is wrong as a factual matter. Before the U.S. Commission on Civil Rights, testimony was heard that two of the defendants tried to block the door when Chris Hill, a certified poll watcher, was going inside, but he walked past them. King Samir Shabazz yelled racial epithets at white poll watchers. There were eyewitnesses who testified that they saw voters turn away in fear at the sight of the Panthers, who were themselves blocked by the Panthers from entering the polls, and who talked to African-American Republicans, who were called race traitors.

It’s curious that the mainstream media, after ignoring the case, now seem to be making an effort to ignore key evidence and narrow the focus of the scandal. After all, if it was a really big, obvious, and far-reaching scandal, people would want to know where the liberal media have been all this time.

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Misinformation, Disinformation, and ObamaCare

In a recent story in the New York Times, we learned this:

When Congress required most Americans to obtain health insurance or pay a penalty, Democrats denied that they were creating a new tax. But in court, the Obama administration and its allies now defend the requirement as an exercise of the government’s “power to lay and collect taxes.”

And that power, they say, is even more sweeping than the federal power to regulate interstate commerce.

Administration officials say the tax argument is a linchpin of their legal case in defense of the health care overhaul and its individual mandate, now being challenged in court by more than 20 states and several private organizations.

The story goes on to explain that under the legislation signed by President Obama in March, most Americans will have to maintain “minimum essential coverage” starting in 2014. In a brief defending the law, the Justice Department says the requirement for people to carry insurance or pay the penalty is “a valid exercise” of Congress’s power to impose taxes.

DOJ argues that the penalty is a tax because it will raise substantial revenue: $4 billion a year by 2017, according to the Congressional Budget Office. And according to the Times, the penalty is imposed and collected under the Internal Revenue Code, and people must report it on their tax returns “as an addition to income tax liability.” Because the penalty is a tax, the department says, no one can challenge it in court before paying it and seeking a refund.

Well, well, well, this does pose a problem for our president, doesn’t it?

In addition to being yet one more violation of his pledge not to tax families making less than $250,000, Obama, during the health-care debate, insisted that a mandate to buy insurance, enforced by financial penalties, was not a tax.

In an exchange with ABC’s George Stephanopoulos last September (h/t Ed Morrisey), Stephanopoulos pressed Obama on admitting that what he was advocating was a tax increase. “For us to say that you’ve got to take a responsibility to get health insurance is absolutely not a tax increase,” Obama assured us. Elsewhere in the interview, Obama said, “George, you — you can’t just make up that language and decide that that’s called a tax increase.” And when Stephanopoulos read the definition of a tax increase from Merriam Webster’s Dictionary, Obama came back with this condescending and foolish response:

George, the fact that you looked up Merriam’s Dictionary, the definition of tax increase, indicates to me that you’re stretching a little bit right now. Otherwise, you wouldn’t have gone to the dictionary to check on the definition.

It turns out the truth is exactly the opposite of what Obama said. Jack M. Balkin, a professor at Yale Law School who supports the new health-care law, stated the obvious at a meeting last month: “[Mr. Obama] has not been honest with the American people about the nature of this bill. This bill is a tax.”

This is just one example of a systematic pattern of misinformation and disinformation related to the health-care campaign. We have seen similarly dishonest claims related to funding abortion (ObamaCare is doing exactly that), bending the cost curve down (it will bend it up), lowering premiums (they will rise), and to allowing Americans to keep the coverage they currently have (many won’t).

In many respects, the Obama administration has shown itself to be thoroughly postmodern; words have no objective meaning. Reality can be molded to the whims of the most powerful. We can each construct our own narrative.

In the case of the president, the narrative is fairly simply: whatever advances his own aims and objectives is defensible. The ends justify the means. If false claims have to be used to advance a larger truth, so be it.

This attitude pervades the Obama administration and appears to be especially concentrated in the chief executive. He thinks he can get away with almost anything, including the corruption of language. He can’t, and if he isn’t careful, this kind of distortion of truth and reality is going to cost him a very great deal.

In a recent story in the New York Times, we learned this:

When Congress required most Americans to obtain health insurance or pay a penalty, Democrats denied that they were creating a new tax. But in court, the Obama administration and its allies now defend the requirement as an exercise of the government’s “power to lay and collect taxes.”

And that power, they say, is even more sweeping than the federal power to regulate interstate commerce.

Administration officials say the tax argument is a linchpin of their legal case in defense of the health care overhaul and its individual mandate, now being challenged in court by more than 20 states and several private organizations.

The story goes on to explain that under the legislation signed by President Obama in March, most Americans will have to maintain “minimum essential coverage” starting in 2014. In a brief defending the law, the Justice Department says the requirement for people to carry insurance or pay the penalty is “a valid exercise” of Congress’s power to impose taxes.

DOJ argues that the penalty is a tax because it will raise substantial revenue: $4 billion a year by 2017, according to the Congressional Budget Office. And according to the Times, the penalty is imposed and collected under the Internal Revenue Code, and people must report it on their tax returns “as an addition to income tax liability.” Because the penalty is a tax, the department says, no one can challenge it in court before paying it and seeking a refund.

Well, well, well, this does pose a problem for our president, doesn’t it?

In addition to being yet one more violation of his pledge not to tax families making less than $250,000, Obama, during the health-care debate, insisted that a mandate to buy insurance, enforced by financial penalties, was not a tax.

In an exchange with ABC’s George Stephanopoulos last September (h/t Ed Morrisey), Stephanopoulos pressed Obama on admitting that what he was advocating was a tax increase. “For us to say that you’ve got to take a responsibility to get health insurance is absolutely not a tax increase,” Obama assured us. Elsewhere in the interview, Obama said, “George, you — you can’t just make up that language and decide that that’s called a tax increase.” And when Stephanopoulos read the definition of a tax increase from Merriam Webster’s Dictionary, Obama came back with this condescending and foolish response:

George, the fact that you looked up Merriam’s Dictionary, the definition of tax increase, indicates to me that you’re stretching a little bit right now. Otherwise, you wouldn’t have gone to the dictionary to check on the definition.

It turns out the truth is exactly the opposite of what Obama said. Jack M. Balkin, a professor at Yale Law School who supports the new health-care law, stated the obvious at a meeting last month: “[Mr. Obama] has not been honest with the American people about the nature of this bill. This bill is a tax.”

This is just one example of a systematic pattern of misinformation and disinformation related to the health-care campaign. We have seen similarly dishonest claims related to funding abortion (ObamaCare is doing exactly that), bending the cost curve down (it will bend it up), lowering premiums (they will rise), and to allowing Americans to keep the coverage they currently have (many won’t).

In many respects, the Obama administration has shown itself to be thoroughly postmodern; words have no objective meaning. Reality can be molded to the whims of the most powerful. We can each construct our own narrative.

In the case of the president, the narrative is fairly simply: whatever advances his own aims and objectives is defensible. The ends justify the means. If false claims have to be used to advance a larger truth, so be it.

This attitude pervades the Obama administration and appears to be especially concentrated in the chief executive. He thinks he can get away with almost anything, including the corruption of language. He can’t, and if he isn’t careful, this kind of distortion of truth and reality is going to cost him a very great deal.

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Flotsam and Jetsam

Worst press secretary in recent memory? Chris Cillizza says he is at least the winner of the “worst week” designation: “It took only 17 words [‘there is no doubt there are enough seats in play that could cause Republicans to gain control’ of the House] for White House press secretary Robert Gibbs to set off the circular firing squad. … Republicans, meanwhile, could barely contain their glee at seeing their message — ‘We can take the House back, really, we can’ — seconded by the official White House mouthpiece.”

Worst Middle East diplomacy rebuke to date? “Fatah spokesperson Muhammad Dahlan announced that Fatah had rejected the U.S.’s offer Saturday to broker direct talks between Israel and the Palestinian Authority.”

Worst political advice to Obama? Mark Penn suggests: “Between now and the midterms, the administration has to focus on what it can do to provide a sense of economic recovery. Perhaps the best arena for that is in an energy bill that creates a wide array of incentives to produce new forms of energy.” You understand how Hillary lost the nomination.

Worst column ever from James Fallows? He hopes Dick Cheney recovers so he can change his mind and undermine all his prior views.

Worst political problem for Obama? Howard Fineman says it’s the loss of independent voters: “The Democrats’ support among this group has fallen to as low as 35 percent in some polls. The reasons are clear. They do not believe that Obama’s actions have produced results — and for these practical voters, nothing else matters. The $787 billion stimulus bill is widely regarded as an expensive, unfocused dud, even when measured against the cautious claims the Obama camp originally made for it. Health-care reform remains, for most voters, a 2,000-page, impenetrable, and largely irrelevant mystery. The BP oil spill has hurt Obama’s ability to fend off GOP charges that he’s ineffective as a leader.”

Worst thing Israel could do regarding Iran? In a definitive analysis of Israel’s options, Reuel Marc Gerecht argues it would be to do nothing: “Without a raid, if the Iranians get the bomb, Europe’s appeasement reflex will kick in and the EU sanctions regime will collapse, leaving the Americans alone to contain the Islamic Republic. Most of the Gulf Arabs will probably kowtow to Persia, having more fear of Iran than confidence in the defensive assurances of the United States. And Sunni Arabs who don’t view an Iranian bomb as a plus for the Muslim world will, at daunting speed, become much more interested in ‘nuclear energy'; the Saudis, who likely helped Islamabad go nuclear, will just call in their chits with the Pakistani military.” The best option, of course, would be for the U.S. to act, but that seems unlikely.

Worst time to have an electoral wipe-out? In a Census year: “Big Republican gains in November [in state legislative races] could have lasting consequences. Legislators elected in the fall will redraw congressional boundaries next year. Control over the redistricting process could sway outcomes in dozens of districts over the next decade. ‘If you’re going to have a good year, have it in a year that ends in zero,’ says Ed Gillespie, a former Republican Party chairman who is heading up the GOP’s state-level efforts this year.”

Worst Justice Department in history? No contest. The latest: “One of the nation’s leading producers of X-rated videos, John Stagliano, was acquitted on federal obscenity charges Friday afternoon after a series of stumbles by the prosecution. U.S. District Court Judge Richard Leon ordered the acquittal of Stagliano and two companies related to his Evil Angel studio on a defense motion before the defense presented any rebuttal to several days of evidence from the Justice Department. Leon called the government’s case ‘woefully lacking’ or ‘woefully inadequate,’ depending on whose account you follow.”

Worst press secretary in recent memory? Chris Cillizza says he is at least the winner of the “worst week” designation: “It took only 17 words [‘there is no doubt there are enough seats in play that could cause Republicans to gain control’ of the House] for White House press secretary Robert Gibbs to set off the circular firing squad. … Republicans, meanwhile, could barely contain their glee at seeing their message — ‘We can take the House back, really, we can’ — seconded by the official White House mouthpiece.”

Worst Middle East diplomacy rebuke to date? “Fatah spokesperson Muhammad Dahlan announced that Fatah had rejected the U.S.’s offer Saturday to broker direct talks between Israel and the Palestinian Authority.”

Worst political advice to Obama? Mark Penn suggests: “Between now and the midterms, the administration has to focus on what it can do to provide a sense of economic recovery. Perhaps the best arena for that is in an energy bill that creates a wide array of incentives to produce new forms of energy.” You understand how Hillary lost the nomination.

Worst column ever from James Fallows? He hopes Dick Cheney recovers so he can change his mind and undermine all his prior views.

Worst political problem for Obama? Howard Fineman says it’s the loss of independent voters: “The Democrats’ support among this group has fallen to as low as 35 percent in some polls. The reasons are clear. They do not believe that Obama’s actions have produced results — and for these practical voters, nothing else matters. The $787 billion stimulus bill is widely regarded as an expensive, unfocused dud, even when measured against the cautious claims the Obama camp originally made for it. Health-care reform remains, for most voters, a 2,000-page, impenetrable, and largely irrelevant mystery. The BP oil spill has hurt Obama’s ability to fend off GOP charges that he’s ineffective as a leader.”

Worst thing Israel could do regarding Iran? In a definitive analysis of Israel’s options, Reuel Marc Gerecht argues it would be to do nothing: “Without a raid, if the Iranians get the bomb, Europe’s appeasement reflex will kick in and the EU sanctions regime will collapse, leaving the Americans alone to contain the Islamic Republic. Most of the Gulf Arabs will probably kowtow to Persia, having more fear of Iran than confidence in the defensive assurances of the United States. And Sunni Arabs who don’t view an Iranian bomb as a plus for the Muslim world will, at daunting speed, become much more interested in ‘nuclear energy'; the Saudis, who likely helped Islamabad go nuclear, will just call in their chits with the Pakistani military.” The best option, of course, would be for the U.S. to act, but that seems unlikely.

Worst time to have an electoral wipe-out? In a Census year: “Big Republican gains in November [in state legislative races] could have lasting consequences. Legislators elected in the fall will redraw congressional boundaries next year. Control over the redistricting process could sway outcomes in dozens of districts over the next decade. ‘If you’re going to have a good year, have it in a year that ends in zero,’ says Ed Gillespie, a former Republican Party chairman who is heading up the GOP’s state-level efforts this year.”

Worst Justice Department in history? No contest. The latest: “One of the nation’s leading producers of X-rated videos, John Stagliano, was acquitted on federal obscenity charges Friday afternoon after a series of stumbles by the prosecution. U.S. District Court Judge Richard Leon ordered the acquittal of Stagliano and two companies related to his Evil Angel studio on a defense motion before the defense presented any rebuttal to several days of evidence from the Justice Department. Leon called the government’s case ‘woefully lacking’ or ‘woefully inadequate,’ depending on whose account you follow.”

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Don’t Give Me the Facts, I’ve Got My Story

I’m amazed how Politico can run a story trying to debunk the New Black Panther scandal without interviewing trial team member Christian Adams or any other former or current Justice Department attorney, without relating any of Adams’s testimony, without referencing the voluminous research and evidence unearthed by other news outlets, without contacting the offices of congressmen (Reps. Lamar Smith and Frank Wolf) who have been pressing for answers from the administration, and without even mentioning the allegations that the Justice Department won’t file civil rights cases against minorities. For over a year, Politico — as well as every other mainstream outlet — ignored the story, so the name of the game, I suppose, is to explain that they didn’t miss anything.

It is especially odd that a good reporter like Ben Smith wouldn’t make the effort to interview Adams. Adams is doing extensive interviews and is readily available. He’s not been critiquing the media coverage, but did promptly respond to my request for comment on the Politico story (he really is very easy to reach). He told me that Smith did contact him,  and Adams responded saying he was away for the day but inviting Smith to contact him if it was urgent. Adams never heard anything further from Smith. Adams continued:

My area of expertise is the law and the truth about the case. All I can do is provide truthful testimony and information. I know what [trial team leader] Chris Coates would testify to, and I know there are multiple corroborating witnesses both inside and outside the Department. So to me things like Ben Smith are a short lived distraction that in the long run don’t seem to matter given the facts. The idea that I would quit a job to no pay to make something up isn’t resonating beyond a core of sycophantic nuts. If I’m lying or exaggerating, charge me with perjury.

Adams is right that the facts are there — multiple witnesses, documents, and e-mails. They establish that a meritorious case of voter intimidation was dropped by Obama political appointees and that there is an aversion in the Obama administration to filing cases against minorities. That only conservative outlets have bothered to root around and uncover the story tells you more about the mainstream media than it does about the merits of the case.

It’s bad enough to miss an important story; it’s worse to write a belated story which steers clear of the facts you missed. Even when all the legwork is done by others and the story is figuratively handed to them, and even explained to them, some reporters can’t be bothered with the facts.

One final point: it’s not just right wingers who recognize that this is a legitimate and important story. The Washington Post ombudsman Andrew Alexander does a mea culpa for the Post’s delinquency in reporting. Bravo. (Oh, if only Politico were so professional and candid.) I look forward to the Post’s future reporting — there certainly is plenty to investigate.

UPDATE: Jan Crawford, the fine legal reporter previously with ABC and now with CBS, has a comprehensive report here. Stephen Hayes’s excellent summary of the case and of the mainstream media’s disinclination to report on it is here.

I’m amazed how Politico can run a story trying to debunk the New Black Panther scandal without interviewing trial team member Christian Adams or any other former or current Justice Department attorney, without relating any of Adams’s testimony, without referencing the voluminous research and evidence unearthed by other news outlets, without contacting the offices of congressmen (Reps. Lamar Smith and Frank Wolf) who have been pressing for answers from the administration, and without even mentioning the allegations that the Justice Department won’t file civil rights cases against minorities. For over a year, Politico — as well as every other mainstream outlet — ignored the story, so the name of the game, I suppose, is to explain that they didn’t miss anything.

It is especially odd that a good reporter like Ben Smith wouldn’t make the effort to interview Adams. Adams is doing extensive interviews and is readily available. He’s not been critiquing the media coverage, but did promptly respond to my request for comment on the Politico story (he really is very easy to reach). He told me that Smith did contact him,  and Adams responded saying he was away for the day but inviting Smith to contact him if it was urgent. Adams never heard anything further from Smith. Adams continued:

My area of expertise is the law and the truth about the case. All I can do is provide truthful testimony and information. I know what [trial team leader] Chris Coates would testify to, and I know there are multiple corroborating witnesses both inside and outside the Department. So to me things like Ben Smith are a short lived distraction that in the long run don’t seem to matter given the facts. The idea that I would quit a job to no pay to make something up isn’t resonating beyond a core of sycophantic nuts. If I’m lying or exaggerating, charge me with perjury.

Adams is right that the facts are there — multiple witnesses, documents, and e-mails. They establish that a meritorious case of voter intimidation was dropped by Obama political appointees and that there is an aversion in the Obama administration to filing cases against minorities. That only conservative outlets have bothered to root around and uncover the story tells you more about the mainstream media than it does about the merits of the case.

It’s bad enough to miss an important story; it’s worse to write a belated story which steers clear of the facts you missed. Even when all the legwork is done by others and the story is figuratively handed to them, and even explained to them, some reporters can’t be bothered with the facts.

One final point: it’s not just right wingers who recognize that this is a legitimate and important story. The Washington Post ombudsman Andrew Alexander does a mea culpa for the Post’s delinquency in reporting. Bravo. (Oh, if only Politico were so professional and candid.) I look forward to the Post’s future reporting — there certainly is plenty to investigate.

UPDATE: Jan Crawford, the fine legal reporter previously with ABC and now with CBS, has a comprehensive report here. Stephen Hayes’s excellent summary of the case and of the mainstream media’s disinclination to report on it is here.

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Did Thomas Perez Testify Truthfully?

J. Christian Adams, the former Justice Department attorney who was a key member of its New Black Panther litigation team, made a splash when he testified that the Civil Rights Division under Obama is hostile to filing civil rights cases that don’t follow the historic pattern — i.e., a white defendant violating minorities’ rights. (Helpful summaries are found here and here.) It is, if accurate, far more explosive than the dismissal of an isolated case, as egregious as the withdrawal of a default judgment against the New Black Panthers was.

The notion that civil rights laws can’t or shouldn’t be used against a minority defendant who seeks to deprive others of their civil rights is noxious to most Americans. According to Adams’s testimony, however, it is a commonplace at the Justice Department and was articulated by Julie Fernandes, the Deputy Assistant Attorney General for Civil Rights.

Moreover, it raises a question as to whether Thomas Perez was being truthful to Congress and to the U.S. Commission on Civil Rights when he testified under oath that he was unaware of any such sentiments. Before the Commission, Adams testified: “But Mr. Chris Coates and I and [Robert] Popper went and met with him the day before he testified here for about an hour, and we laid out all of our arguments and begged him not to testify inaccurately about the case.” He nevertheless testified that the case was unsupported by the law and the facts, and suggested the lawyers may have violated Rule 11, which provides for sanctions in the event of a frivolous legal action.

But that’s not all. A knowledgeable source tells me that at that same meeting, trial team head Chris Coates, who participated in the meeting by phone, explicitly warned him that there was a deep hostility to race-neutral enforcement of the law and he provided details to Perez. Sitting in the room with Perez were Adams and Popper. Perez had aides who were taking notes in the room. Nevertheless, under oath and before Congress and the Commission, Perez testified that he was unaware of such sentiments. If, indeed, he was briefed and then delivered this testimony, then he misled Congress and the Commission.

Now did he conduct a thorough investigation and find Coates unpersuasive? Well, the testimony before the Commission was the next day and I doubt there was time to commence — let alone complete — such an inquiry. Moreover, he denied having heard about such allegations. If he had been briefed the day before, this was patently untrue.

It is time for Congress to exercise appropriate oversight and get to the bottom of this issue. Moreover, since the Justice Department can’t investigate itself, I don’t see why a special prosecutor isn’t in order.

Now, two additional former DOJ attorneys have come forward to corroborate the hostility toward colorblind enforcement. Their affidavits can be read here. The witnesses are piling up and the stonewall is turning to rubble. We may finally be getting to the reason why Eric Holder’s Justice Department has done everything possible to keep members of the trial team from testifying. Their exposure is much greater than one case.

J. Christian Adams, the former Justice Department attorney who was a key member of its New Black Panther litigation team, made a splash when he testified that the Civil Rights Division under Obama is hostile to filing civil rights cases that don’t follow the historic pattern — i.e., a white defendant violating minorities’ rights. (Helpful summaries are found here and here.) It is, if accurate, far more explosive than the dismissal of an isolated case, as egregious as the withdrawal of a default judgment against the New Black Panthers was.

The notion that civil rights laws can’t or shouldn’t be used against a minority defendant who seeks to deprive others of their civil rights is noxious to most Americans. According to Adams’s testimony, however, it is a commonplace at the Justice Department and was articulated by Julie Fernandes, the Deputy Assistant Attorney General for Civil Rights.

Moreover, it raises a question as to whether Thomas Perez was being truthful to Congress and to the U.S. Commission on Civil Rights when he testified under oath that he was unaware of any such sentiments. Before the Commission, Adams testified: “But Mr. Chris Coates and I and [Robert] Popper went and met with him the day before he testified here for about an hour, and we laid out all of our arguments and begged him not to testify inaccurately about the case.” He nevertheless testified that the case was unsupported by the law and the facts, and suggested the lawyers may have violated Rule 11, which provides for sanctions in the event of a frivolous legal action.

But that’s not all. A knowledgeable source tells me that at that same meeting, trial team head Chris Coates, who participated in the meeting by phone, explicitly warned him that there was a deep hostility to race-neutral enforcement of the law and he provided details to Perez. Sitting in the room with Perez were Adams and Popper. Perez had aides who were taking notes in the room. Nevertheless, under oath and before Congress and the Commission, Perez testified that he was unaware of such sentiments. If, indeed, he was briefed and then delivered this testimony, then he misled Congress and the Commission.

Now did he conduct a thorough investigation and find Coates unpersuasive? Well, the testimony before the Commission was the next day and I doubt there was time to commence — let alone complete — such an inquiry. Moreover, he denied having heard about such allegations. If he had been briefed the day before, this was patently untrue.

It is time for Congress to exercise appropriate oversight and get to the bottom of this issue. Moreover, since the Justice Department can’t investigate itself, I don’t see why a special prosecutor isn’t in order.

Now, two additional former DOJ attorneys have come forward to corroborate the hostility toward colorblind enforcement. Their affidavits can be read here. The witnesses are piling up and the stonewall is turning to rubble. We may finally be getting to the reason why Eric Holder’s Justice Department has done everything possible to keep members of the trial team from testifying. Their exposure is much greater than one case.

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It’s Time to Tea Party Again

Powerline has a great clip of a town hall meeting in the 27th Congressional district of California, represented by Democrat Brad Sherman.

Congressman Sherman actually claims not to have heard of the New Black Panther case or its dismissal by the Justice Department. The crowd is not amused, to put it mildly.

I hope YouTube is positively crawling with clips like this one for the rest of the summer.

Powerline has a great clip of a town hall meeting in the 27th Congressional district of California, represented by Democrat Brad Sherman.

Congressman Sherman actually claims not to have heard of the New Black Panther case or its dismissal by the Justice Department. The crowd is not amused, to put it mildly.

I hope YouTube is positively crawling with clips like this one for the rest of the summer.

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Holder Claims Politics Is the Problem

Eric Holder’s descent into incomprehensibility on the KSM trial is a thing to behold. On Sunday, he proclaimed:

If we try to exclude the federal criminal justice system, we are taking away one of the tools that we have. And I think ultimately we make this nation much weaker. That’s a very dangerous thing, I think, to take that tool out of our hands.

Huh? Isn’t foreclosing military tribunals “taking away one of the tools we have” and won’t that make us weaker? If that is the best he can do, you sense he’s not going to be around long, or that the Obami have given up on a KSM civilian trial, or maybe both.

But on the chutzpah meter, nothing can top Holder’s whining that “politics” is delaying a decision on the KSM trial. Really? Couldn’t Obama declare his intention anytime — or is it politics (i.e., the fear of a meltdown on the left or an outcry from everyone else) that is preventing an announcement before the midterms? If Holder complains about “politics,” it suggests that not even his own party favors Obama’s position on this one. But this administration — whether on health care or on the war on terror — has often been frustrated that the rubes out in America are just too dense to understand Obama’s magnificence.

It is rich that the administration that has politicized every nook and cranny of the Justice Department — from the New Black Panther case to hiring leftist defenders of al-Qaeda terrorists — should bemoan that politics is preventing them from doing what the Obami pine to do. But their bellyaching is yet another sign that the administration’s biggest obstacle is the American people, who don’t like what they are up to.

Eric Holder’s descent into incomprehensibility on the KSM trial is a thing to behold. On Sunday, he proclaimed:

If we try to exclude the federal criminal justice system, we are taking away one of the tools that we have. And I think ultimately we make this nation much weaker. That’s a very dangerous thing, I think, to take that tool out of our hands.

Huh? Isn’t foreclosing military tribunals “taking away one of the tools we have” and won’t that make us weaker? If that is the best he can do, you sense he’s not going to be around long, or that the Obami have given up on a KSM civilian trial, or maybe both.

But on the chutzpah meter, nothing can top Holder’s whining that “politics” is delaying a decision on the KSM trial. Really? Couldn’t Obama declare his intention anytime — or is it politics (i.e., the fear of a meltdown on the left or an outcry from everyone else) that is preventing an announcement before the midterms? If Holder complains about “politics,” it suggests that not even his own party favors Obama’s position on this one. But this administration — whether on health care or on the war on terror — has often been frustrated that the rubes out in America are just too dense to understand Obama’s magnificence.

It is rich that the administration that has politicized every nook and cranny of the Justice Department — from the New Black Panther case to hiring leftist defenders of al-Qaeda terrorists — should bemoan that politics is preventing them from doing what the Obami pine to do. But their bellyaching is yet another sign that the administration’s biggest obstacle is the American people, who don’t like what they are up to.

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Conservatives Should Stay Smart

Some conservatives have latched onto the news that Tony West, the assistant attorney general for the Civil Division, is the lead lawyer on the Justice Department’s case regarding Arizona’s immigration law. West previously represented al-Qaeda terrorists and, as I have written about at length, thereby raised a thicket of ethical issues insofar as he now is in charge of Gitmo litigation. But the criticism of his role in the Arizona litigation is misplaced.

No conservative administration would have hired West, but the reason why Obama was wrong to do so is that it introduced a potentially crippling ethical issue with regard to terror cases and raised real concerns about how vigorously the administration would litigate on key national-security issues in which West’s sympathies clearly were with the detainees.

None of this has anything to do with the Arizona case. And as I previously argued, conservatives who are delighted by a 50-state onslaught against illegal aliens should rejoice that they can now test their position. So what  is their beef?

On this issue, some conservatives risk appearing unhinged as they rail against the latest scrap of news. When I explained to an otherwise sensible conservative that the Obama administration had a plausible and indeed potentially winning argument on preemption grounds, he snapped back, “The Constitution is not an suicide pact among the states.” This is simply nonsense. It’s bad for a system of immigration enforcement to be this wildly flouted, and we certainly need to secure the borders. But there is no national suicide remotely at issue, and opposing the Arizona law doesn’t mean you want America to drop dead.

It is this sort of hysteria and overheated blather that conservatives should be wary of. Political winds are blowing at the right’s back, but the quickest way to be knocked off course is to propound ill-conceived arguments and give voters the idea that conservatives are unsober and unserious. Let’s get focused, guys.

Some conservatives have latched onto the news that Tony West, the assistant attorney general for the Civil Division, is the lead lawyer on the Justice Department’s case regarding Arizona’s immigration law. West previously represented al-Qaeda terrorists and, as I have written about at length, thereby raised a thicket of ethical issues insofar as he now is in charge of Gitmo litigation. But the criticism of his role in the Arizona litigation is misplaced.

No conservative administration would have hired West, but the reason why Obama was wrong to do so is that it introduced a potentially crippling ethical issue with regard to terror cases and raised real concerns about how vigorously the administration would litigate on key national-security issues in which West’s sympathies clearly were with the detainees.

None of this has anything to do with the Arizona case. And as I previously argued, conservatives who are delighted by a 50-state onslaught against illegal aliens should rejoice that they can now test their position. So what  is their beef?

On this issue, some conservatives risk appearing unhinged as they rail against the latest scrap of news. When I explained to an otherwise sensible conservative that the Obama administration had a plausible and indeed potentially winning argument on preemption grounds, he snapped back, “The Constitution is not an suicide pact among the states.” This is simply nonsense. It’s bad for a system of immigration enforcement to be this wildly flouted, and we certainly need to secure the borders. But there is no national suicide remotely at issue, and opposing the Arizona law doesn’t mean you want America to drop dead.

It is this sort of hysteria and overheated blather that conservatives should be wary of. Political winds are blowing at the right’s back, but the quickest way to be knocked off course is to propound ill-conceived arguments and give voters the idea that conservatives are unsober and unserious. Let’s get focused, guys.

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Deliberate Nonfeasance at the DOJ

If this article is even half true, it should be a major scandal and pretty much proof positive that the Obama Justice Department is totally politicized.

The so-called Motor Voter Law of 1993 (a time when the Democrats controlled both houses of Congress and the Presidency) requires states to provide voter registration materials at many state offices, such as state departments of motor vehicles and welfare offices. Also, it requires the states to purge their voter rolls of the dead, felons, people who have moved, and others not eligible to vote.

According to J. Christopher Adams, who recently resigned from the DOJ and has been testifying in front of the U.S. Civil Rights Commission — which the department had forbidden him to do when he was an employee, despite a subpoena — the Deputy Assistant Attorney General Julie Fernandes told the Voting Rights Section at a meeting that, “We have no interest in enforcing this provision of the law. It has nothing to do with increasing turnout, and we are just not going to do it.”

Nothing equivocal about that. Indeed, it’s a plain and simple statement that the Obama Justice Department intends to commit nonfeasance regarding the enforcement of this provision of a duly enacted law. But that, of course, puts Ms. Fernandes and her boss, Eric Holder, in flat violation of their oaths of office:

I (name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

Enforcing the law is, perhaps, the prime duty of the Department of Justice.

The only reason I can think of why the DOJ would not want to purge the voter rolls of the names of those ineligible to vote is to make voter fraud as easy to accomplish as possible.

Chicago politics indeed.

If this article is even half true, it should be a major scandal and pretty much proof positive that the Obama Justice Department is totally politicized.

The so-called Motor Voter Law of 1993 (a time when the Democrats controlled both houses of Congress and the Presidency) requires states to provide voter registration materials at many state offices, such as state departments of motor vehicles and welfare offices. Also, it requires the states to purge their voter rolls of the dead, felons, people who have moved, and others not eligible to vote.

According to J. Christopher Adams, who recently resigned from the DOJ and has been testifying in front of the U.S. Civil Rights Commission — which the department had forbidden him to do when he was an employee, despite a subpoena — the Deputy Assistant Attorney General Julie Fernandes told the Voting Rights Section at a meeting that, “We have no interest in enforcing this provision of the law. It has nothing to do with increasing turnout, and we are just not going to do it.”

Nothing equivocal about that. Indeed, it’s a plain and simple statement that the Obama Justice Department intends to commit nonfeasance regarding the enforcement of this provision of a duly enacted law. But that, of course, puts Ms. Fernandes and her boss, Eric Holder, in flat violation of their oaths of office:

I (name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

Enforcing the law is, perhaps, the prime duty of the Department of Justice.

The only reason I can think of why the DOJ would not want to purge the voter rolls of the names of those ineligible to vote is to make voter fraud as easy to accomplish as possible.

Chicago politics indeed.

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Holder Sticks to His Guns

Attorney General Eric Holder is nothing if not persistent. Despite the logistical, national security, budgetary and political problems, he still wants a public trial for KSM. Politico notes:

The AG said the civilian court system “has proven effective in a wide range of cases over the last 200 years. Why can’t we use that system?” Asked about holding such a trial in Virginia, Holder said “there are any number of possibilities” that state, local and federal officials are discussing. … Holder’s continued support for a civilian trial isn’t a surprise, but it’s mildly surprising he’d state his personal view while the issue is still under review at the White House. Some press accounts have suggested that virtually all of Obama’s top advisers have advised him to reject Holder’s counsel.

There are three possibilities here. Holder could be off the reservation and about to “spend more time with his family” after the midterms. Holder could be letting the official policy (KSM goes to trial in a civilian court in a state Obama has no hope of winning in 2012) slip out, which the administration doesn’t have the nerve to announce before the midterms. Or, it may be that the administration has decided it’s lunacy to try KSM in civilian court and Holder is there to keep the loony left’s hopes alive — and prevent a complete meltdown in Democratic turnout. Each is plausible. But it is shocking that we have an attorney general willing to risk his own credibility and that of the entire Justice Department by spouting such hooey.

Attorney General Eric Holder is nothing if not persistent. Despite the logistical, national security, budgetary and political problems, he still wants a public trial for KSM. Politico notes:

The AG said the civilian court system “has proven effective in a wide range of cases over the last 200 years. Why can’t we use that system?” Asked about holding such a trial in Virginia, Holder said “there are any number of possibilities” that state, local and federal officials are discussing. … Holder’s continued support for a civilian trial isn’t a surprise, but it’s mildly surprising he’d state his personal view while the issue is still under review at the White House. Some press accounts have suggested that virtually all of Obama’s top advisers have advised him to reject Holder’s counsel.

There are three possibilities here. Holder could be off the reservation and about to “spend more time with his family” after the midterms. Holder could be letting the official policy (KSM goes to trial in a civilian court in a state Obama has no hope of winning in 2012) slip out, which the administration doesn’t have the nerve to announce before the midterms. Or, it may be that the administration has decided it’s lunacy to try KSM in civilian court and Holder is there to keep the loony left’s hopes alive — and prevent a complete meltdown in Democratic turnout. Each is plausible. But it is shocking that we have an attorney general willing to risk his own credibility and that of the entire Justice Department by spouting such hooey.

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The Arizona Immigration Lawsuit

The Obama administration has brought a lawsuit to enjoin the Arizona immigration bill. There is no equal protection argument (i.e., the government doesn’t call Arizonans racists, accuse them of passing a law to hassle Hispanics, or contend that the law is violative of the Equal Protection Clause because it will inevitably impact one ethnic group disproportionately). There is no Fourth Amendment claim challenging the bill’s provisions, which grant police the right to stop and demand documentation based on reasonable suspicion. There are no grand policy pronouncements in the complaint. It is a straightforward pre-emption argument. In paragraph two of the lawsuit, the government asserts:

In our constitutional system, the federal government has preeminent authority to regulate immigration matters. This authority derives from the United States Constitution and numerous acts of Congress. The nation’s immigration laws reflect a careful and considered balance of national law enforcement, foreign relations, and humanitarian interests. Congress has assigned to the United States Department of Homeland Security, Department of Justice, and Department of State, along with other federal agencies, the task of enforcing and administering these immigration-related laws. In administering these laws, the federal agencies balance the complex — and often competing — objectives that animate federal immigration law and policy. Although states may exercise their police power in a manner that has an incidental or indirect effect on aliens, a state may not establish its own immigration policy or enforce state laws in a manner that interferes with the federal immigration laws. The Constitution and the federal immigration laws do not permit the development of a patchwork of state and local immigration policies throughout the country.

This is not wacky stuff, and may very well carry the day. And frankly, it’s a good thing to have this thrashed out in court so we can resolve the issue as to whether we will have 50 separate immigration laws. Supporters of the law should stop whining about the feds’ lawsuit: if the supporters are right — if, in other words, every state can gin up their own immigration rules — then they’ll have a grand victory.

But after the lawsuit is won or lost, we’ll still have unsecured borders. And we’ll still have millions around the world who want to come here and millions already here whom — with all due respect to Sen. John McCain – Americans don’t have the stomach to round up and send “home.” (By the way, can we agree as a factual matter that, generally, their homes and lives and children are here?)

In sum, I don’t begrudge the filing of the lawsuit. What we should all mind is that we have a president who’d rather fan the rhetorical flames than try to solve the problem.

The Obama administration has brought a lawsuit to enjoin the Arizona immigration bill. There is no equal protection argument (i.e., the government doesn’t call Arizonans racists, accuse them of passing a law to hassle Hispanics, or contend that the law is violative of the Equal Protection Clause because it will inevitably impact one ethnic group disproportionately). There is no Fourth Amendment claim challenging the bill’s provisions, which grant police the right to stop and demand documentation based on reasonable suspicion. There are no grand policy pronouncements in the complaint. It is a straightforward pre-emption argument. In paragraph two of the lawsuit, the government asserts:

In our constitutional system, the federal government has preeminent authority to regulate immigration matters. This authority derives from the United States Constitution and numerous acts of Congress. The nation’s immigration laws reflect a careful and considered balance of national law enforcement, foreign relations, and humanitarian interests. Congress has assigned to the United States Department of Homeland Security, Department of Justice, and Department of State, along with other federal agencies, the task of enforcing and administering these immigration-related laws. In administering these laws, the federal agencies balance the complex — and often competing — objectives that animate federal immigration law and policy. Although states may exercise their police power in a manner that has an incidental or indirect effect on aliens, a state may not establish its own immigration policy or enforce state laws in a manner that interferes with the federal immigration laws. The Constitution and the federal immigration laws do not permit the development of a patchwork of state and local immigration policies throughout the country.

This is not wacky stuff, and may very well carry the day. And frankly, it’s a good thing to have this thrashed out in court so we can resolve the issue as to whether we will have 50 separate immigration laws. Supporters of the law should stop whining about the feds’ lawsuit: if the supporters are right — if, in other words, every state can gin up their own immigration rules — then they’ll have a grand victory.

But after the lawsuit is won or lost, we’ll still have unsecured borders. And we’ll still have millions around the world who want to come here and millions already here whom — with all due respect to Sen. John McCain – Americans don’t have the stomach to round up and send “home.” (By the way, can we agree as a factual matter that, generally, their homes and lives and children are here?)

In sum, I don’t begrudge the filing of the lawsuit. What we should all mind is that we have a president who’d rather fan the rhetorical flames than try to solve the problem.

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Flotsam and Jetsam

You can’t parody Joe Biden if he’s going to talk this way: “My grandfather used to always say, ‘Joey, you have to have somebody to beat somebody.'”

You can’t get more blunt than this ad on Iran.

You can’t find any evidence of a “civil war” between conservatives in Gallup’s polling on Tea Party activists: “Americans who say they support the Tea Party movement share a common concern about government and its scope, particularly with regard to deficit spending. Their views do set them apart from those who are neutral or opposed to the Tea Party movement, but hardly distinguish them from supporters of the Republican Party more broadly.”

You can’t be seen with Obama if you’re a Democrat who wants to win in 2010: “PPP has polled on the impact of a Barack Obama endorsement in 5 key Senate races over the last month, and it’s looking more and more clear that there’s just about nowhere Democratic candidates would benefit from having the President come to campaign with them.”

You can’t miss the telltale sign that Obama is doing something unpopular: he says it’s all Eric Holder’s idea. “The White House has said the decision to challenge Arizona’s immigration law was out of its hands, left completely up to Attorney General Eric H. Holder Jr. and the lawyers at the Justice Department.”

You can’t expect the president to go, so David Axelrod will appear at a fundraiser for Tony Rezko’s banker, Alexi Giannoulias. Meanwhile: “Giannoulias’ camp released his income tax returns last Friday, which showed that the ex-banker paid neither federal nor state taxes in ’09. In fact, Giannoulias received a $30K tax return, which he promised to give to charity.”

You can’t be reading things if you want to be a cable talking head! On the lawsuit claiming that the Arizona law is pre-empted by federal immigration law, Dana Perino sanely suggests: “Perhaps we should do something novel like read the complaint before commenting … surely the administration would appreciate that courtesy?”

You can’t imagine it was a long speech: “Queen Elizabeth II of England addressed the United Nations for the first time since 1957 on Tuesday, paying homage to the organization’s accomplishments since she last stood at the famous green podium of the General Assembly.”

You can’t parody Joe Biden if he’s going to talk this way: “My grandfather used to always say, ‘Joey, you have to have somebody to beat somebody.'”

You can’t get more blunt than this ad on Iran.

You can’t find any evidence of a “civil war” between conservatives in Gallup’s polling on Tea Party activists: “Americans who say they support the Tea Party movement share a common concern about government and its scope, particularly with regard to deficit spending. Their views do set them apart from those who are neutral or opposed to the Tea Party movement, but hardly distinguish them from supporters of the Republican Party more broadly.”

You can’t be seen with Obama if you’re a Democrat who wants to win in 2010: “PPP has polled on the impact of a Barack Obama endorsement in 5 key Senate races over the last month, and it’s looking more and more clear that there’s just about nowhere Democratic candidates would benefit from having the President come to campaign with them.”

You can’t miss the telltale sign that Obama is doing something unpopular: he says it’s all Eric Holder’s idea. “The White House has said the decision to challenge Arizona’s immigration law was out of its hands, left completely up to Attorney General Eric H. Holder Jr. and the lawyers at the Justice Department.”

You can’t expect the president to go, so David Axelrod will appear at a fundraiser for Tony Rezko’s banker, Alexi Giannoulias. Meanwhile: “Giannoulias’ camp released his income tax returns last Friday, which showed that the ex-banker paid neither federal nor state taxes in ’09. In fact, Giannoulias received a $30K tax return, which he promised to give to charity.”

You can’t be reading things if you want to be a cable talking head! On the lawsuit claiming that the Arizona law is pre-empted by federal immigration law, Dana Perino sanely suggests: “Perhaps we should do something novel like read the complaint before commenting … surely the administration would appreciate that courtesy?”

You can’t imagine it was a long speech: “Queen Elizabeth II of England addressed the United Nations for the first time since 1957 on Tuesday, paying homage to the organization’s accomplishments since she last stood at the famous green podium of the General Assembly.”

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