Commentary Magazine


Topic: Justice Department

What’s To Be Done About Lois Lerner?

The House Ways and Means Committee voted today to urge the Justice Department to consider criminal charges against former Internal Revenue Service official Lois Lerner. There is good reason to believe Lerner violated the law by directing a discriminatory campaign by the tax agency against conservative groups applying for tax-exempt status. But neither committee chairman Dave Camp nor any other member of the Republican majority in the House is under any illusions about whether Attorney General Eric Holder and his staff will act on their recommendation. Though the Justice Department has been investigating this scandal since it came to light, there is little reason to believe they will act against Lerner or anyone else involved in the mess at the IRS. Democrats believe that the only reason the House GOP caucus is still focusing on Lerner long after most of the news media got bored with the story or took the hint from the White House to move along is that they still harbor the hope that her testimony could implicate the administration in the scandal and prove the illegal behavior was not just the actions of a “rogue” agency office in Cincinnati.

But whether or not they’re right about that, Lerner remains the key figure in a scandal about which we’ve learned little since the initial flurry of coverage in 2013. Since Lerner invoked her Fifth Amendment right against self-incrimination when called before the House Oversight Committee last year (though not before she also claimed to have done no wrong and thereby, at least in theory, waiving her Fifth Amendment rights), the question of her fate has been held hostage to an undignified spat between that committee’s Republican Chair Darrell Issa and ranking Democrat Elijah Cummings. But if Republicans — and anyone else for that matter — want to get to the bottom of this affair, they’re going to have to find a way to make Lerner talk. And though Issa is seemingly loath to give up the fight to indict her for contempt that means offering Lerner immunity.

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The House Ways and Means Committee voted today to urge the Justice Department to consider criminal charges against former Internal Revenue Service official Lois Lerner. There is good reason to believe Lerner violated the law by directing a discriminatory campaign by the tax agency against conservative groups applying for tax-exempt status. But neither committee chairman Dave Camp nor any other member of the Republican majority in the House is under any illusions about whether Attorney General Eric Holder and his staff will act on their recommendation. Though the Justice Department has been investigating this scandal since it came to light, there is little reason to believe they will act against Lerner or anyone else involved in the mess at the IRS. Democrats believe that the only reason the House GOP caucus is still focusing on Lerner long after most of the news media got bored with the story or took the hint from the White House to move along is that they still harbor the hope that her testimony could implicate the administration in the scandal and prove the illegal behavior was not just the actions of a “rogue” agency office in Cincinnati.

But whether or not they’re right about that, Lerner remains the key figure in a scandal about which we’ve learned little since the initial flurry of coverage in 2013. Since Lerner invoked her Fifth Amendment right against self-incrimination when called before the House Oversight Committee last year (though not before she also claimed to have done no wrong and thereby, at least in theory, waiving her Fifth Amendment rights), the question of her fate has been held hostage to an undignified spat between that committee’s Republican Chair Darrell Issa and ranking Democrat Elijah Cummings. But if Republicans — and anyone else for that matter — want to get to the bottom of this affair, they’re going to have to find a way to make Lerner talk. And though Issa is seemingly loath to give up the fight to indict her for contempt that means offering Lerner immunity.

We don’t know if, as many conservatives seem to take as an article of faith, Lerner and other IRS officials were acting on orders from higher up in the food chain. Given Lerner’s own past tangles with conservatives, there is good reason to believe she was an eager participant and perhaps was responding to the open hints about targeting conservatives and Tea Partiers issued by an administration determined to demonize their opponents. But given that there is little chance that Holder will act decisively to find out the truth about the IRS, the only way Lerner can be persuaded to talk is if Issa and his colleagues find a way to get her back in the witness chair prepared to talk.

As he seems to have done successfully with the fallout from the Benghazi terror attack and the lies told by administration figures about what happened, the president is seeking to run out the clock on the IRS. A year after the initial news that provoked outrage and even an apology of sorts from Obama, the mainstream press has moved on and Democrats are dismissing the issue as a partisan talking point rather than a blatant violation of trust that ought to concern both parties. To some extent this is the fault of Issa and House Republicans who have preferred to engage in verbal fisticuffs with Democrats rather than engaging them in an investigation that the president and his party would like to terminate. But no matter who’s fault this is, unless Republicans act soon to use their leverage with Lerner to get her to tell the truth, it will soon be too late to get to the bottom of a an act of criminal misbehavior that cries out for justice.

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Banks Make a Joke Out of Iran Sanctions

Those wondering about Iran’s ability to confidently defy the sanctions that the Obama administration has belatedly imposed on the rogue regime have previously pointed to the lax enforcement of the regulations. The Treasury Department has granted over 10,000 exemptions to companies desirous of avoiding the sanctions. The U.S. has also given Iran’s largest oil customers a pass on having to give up purchasing Tehran’s supplies. But it turns out that even those sanctions that are enforced aren’t working and this time the fault can’t be pinned on President Obama’s lack of will.

The New York Times reports that federal prosecutors say Chinese banks and other international institutions have been playing the role of middleman in a con game allowing Iranian banks and corporations to conduct business in the West that ought to be curtailed by the law. Through their U.S. branches, the Chinese institutions have reportedly funneled billions of dollars to Iran’s coffers. When added to the president’s timorous diplomacy, this fraud helps explain why the Iranians are going full speed ahead with the nuclear program with few worries about the sanctions that Secretary of State Clinton claimed would be so tough it would bring them to their knees.

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Those wondering about Iran’s ability to confidently defy the sanctions that the Obama administration has belatedly imposed on the rogue regime have previously pointed to the lax enforcement of the regulations. The Treasury Department has granted over 10,000 exemptions to companies desirous of avoiding the sanctions. The U.S. has also given Iran’s largest oil customers a pass on having to give up purchasing Tehran’s supplies. But it turns out that even those sanctions that are enforced aren’t working and this time the fault can’t be pinned on President Obama’s lack of will.

The New York Times reports that federal prosecutors say Chinese banks and other international institutions have been playing the role of middleman in a con game allowing Iranian banks and corporations to conduct business in the West that ought to be curtailed by the law. Through their U.S. branches, the Chinese institutions have reportedly funneled billions of dollars to Iran’s coffers. When added to the president’s timorous diplomacy, this fraud helps explain why the Iranians are going full speed ahead with the nuclear program with few worries about the sanctions that Secretary of State Clinton claimed would be so tough it would bring them to their knees.

The Times named two London-based banks with extensive Asian operations, HSBC and Standard Chartered, as being under investigation for complicity in helping Iran evade sanctions. But the ability of Western law enforcement agencies to stop Chinese shenanigans may be limited. It may be that as banks come under scrutiny, the Justice Department will gain cooperation and stop more such schemes. But the impression given by the Times piece is that of an unending game of “Whack a Mole” in which one Iranian scam can pop up as quickly as another is put out of business.

While the Justice Department is to be commended for pursuing these banks and hopefully seeing that they are severely punished, the case also illustrates the futility of a U.S. Iran policy that is based on the hope that diplomacy and sanctions will stop Tehran. And as long as billions are flowing into Iran’s treasury, there is no chance that economic measures will suffice to halt their nuclear ambitions.

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New Holder Emails Raise More Questions

The Associated Press (AP) has reported on three emails from 2011 that Attorney General Eric Holder showed members of Congress at a Tuesday meeting, during his last-ditch effort to avert today’s contempt vote. The emails supposedly show Holder hadn’t known about Operation Fast and Furious until February 2011 and immediately set out to get to the bottom of the issue.

Keep in mind, the AP didn’t see the actual emails — the contents were “described” by people who had seen them — and there are few specific quotes given in the article. If this is supposed to be evidence that Holder was doing the right thing, it seems pretty flimsy:

CBS News ran a story on Feb. 23, 2011. On March 3, CBS followed up, and the non-profit Center for Public Integrity weighed in with its own online account.

On Feb. 23, aides passed along to the attorney general the CBS story alleging gun-walking, and the attorney general shot back, “We need answers on this. Not defensive BS. Real answers.”

Five days later, Holder asked the Justice Department’s inspector general to investigate.

On March 3…the No. 2 official at the Justice Department, emailed his staff: “We obviously need to get to the bottom of this.”

Holder was skeptical of any assurances.

“I hope the AG understands that we did not allow guns to walk,” an official at the ATF’s Washington headquarters said on March 10 in an email that Holder’s aides forwarded to the attorney general.

In a response, Holder wrote, “Do they really, really know” that there was no gun-walking?

A day earlier, at Holder’s instruction, the Justice Department had sent out a directive to the field reinforcing a longtime Justice Department policy against gun-walking. The directive said that agents must not allow guns to cross the border into Mexico.

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The Associated Press (AP) has reported on three emails from 2011 that Attorney General Eric Holder showed members of Congress at a Tuesday meeting, during his last-ditch effort to avert today’s contempt vote. The emails supposedly show Holder hadn’t known about Operation Fast and Furious until February 2011 and immediately set out to get to the bottom of the issue.

Keep in mind, the AP didn’t see the actual emails — the contents were “described” by people who had seen them — and there are few specific quotes given in the article. If this is supposed to be evidence that Holder was doing the right thing, it seems pretty flimsy:

CBS News ran a story on Feb. 23, 2011. On March 3, CBS followed up, and the non-profit Center for Public Integrity weighed in with its own online account.

On Feb. 23, aides passed along to the attorney general the CBS story alleging gun-walking, and the attorney general shot back, “We need answers on this. Not defensive BS. Real answers.”

Five days later, Holder asked the Justice Department’s inspector general to investigate.

On March 3…the No. 2 official at the Justice Department, emailed his staff: “We obviously need to get to the bottom of this.”

Holder was skeptical of any assurances.

“I hope the AG understands that we did not allow guns to walk,” an official at the ATF’s Washington headquarters said on March 10 in an email that Holder’s aides forwarded to the attorney general.

In a response, Holder wrote, “Do they really, really know” that there was no gun-walking?

A day earlier, at Holder’s instruction, the Justice Department had sent out a directive to the field reinforcing a longtime Justice Department policy against gun-walking. The directive said that agents must not allow guns to cross the border into Mexico.

Not to nitpick, but AP writes that “Republicans have promoted the idea” that top DOJ officials knew about the gun-walking. That’s framed rather unfairly — this wasn’t some baseless idea pulled out of thin air by the GOP; emails we’ve already seen showed Holder’s top aides discussing F&F as early as December 2010. Holder himself claimed he’d heard about the gun-running a “few weeks” before his May 2011 hearing with Congress, but was forced to reverse himself later, after it became clear he must have known before that.

The latest letters Holder showed members of Congress seem to show he knew about the operation in February 2011, but where is the evidence that he’d just found about it at that point? Just because he allegedly sent out emails ordering an investigation and questioning others about the gunwalking, that hardly seems like proof he wasn’t aware of this earlier.

Plus — if he was so involved in the issue that he’d sent out field directives and vowed to “get to the bottom” of the case in February, then why was he so fuzzy on the timeline during questioning in May? Clearly, he had to have recalled that he knew about this for longer than “a few weeks.”

As I wrote, we already knew his office was aware of the gun-walking months before these emails were sent. If Holder wasn’t informed properly, then why haven’t heads rolled on this? And if the full electronic mail trail really shows Holder had no idea about F&F, why doesn’t the administration just let investigators take a look? Three vague emails we can’t even see tell us nothing, and they actually only make Holder’s defense seem weaker.

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What is the Obama Administration Hiding, and Why Are They Hiding It?

Attorney General Eric Holder has a problem with the accuracy of his congressional testimonies.

For example, on May 3, 2011, Holder – when asked when he became aware of the “Fast and Furious” gun-walking scandal, told the House Judiciary Committee, “I’m not sure of the exact date, but I probably heard about Fast and Furious for the first time over the last few weeks.” But as CBS News reported, “Internal Justice Department documents show that at least ten months before that hearing, Holder began receiving frequent memos discussing Fast and Furious.” This forced Holder to confess to Senate Republicans that the Justice Department had provided “inaccurate” information to Congress during his May 3 testimony.

Now comes Retraction Number Two.

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Attorney General Eric Holder has a problem with the accuracy of his congressional testimonies.

For example, on May 3, 2011, Holder – when asked when he became aware of the “Fast and Furious” gun-walking scandal, told the House Judiciary Committee, “I’m not sure of the exact date, but I probably heard about Fast and Furious for the first time over the last few weeks.” But as CBS News reported, “Internal Justice Department documents show that at least ten months before that hearing, Holder began receiving frequent memos discussing Fast and Furious.” This forced Holder to confess to Senate Republicans that the Justice Department had provided “inaccurate” information to Congress during his May 3 testimony.

Now comes Retraction Number Two.

In a memo today from Republican Senator Charles Grassley, we’re informed, “The Justice Department has retracted a second statement made to the Senate Judiciary Committee. During a hearing last week, Attorney General Eric Holder claimed that his predecessor, then-Attorney General Michael Mukasey, had been briefed about gunwalking in Operation Wide Receiver. Now, the Department is retracting that statement and claiming Holder ‘inadvertently’ made that claim to the Committee. The Department’s letter failed to apologize to former Attorney General Mukasey for the false accusation.”

Grassley went on to make this statement:

This is the second time in nearly seven months that the Department has gotten its facts wrong about gunwalking. Attorney General Holder accused Attorney General Mukasey, without producing any evidence, of having been briefed on gunwalking in Wide Receiver. The case Attorney General Mukasey was briefed on, Hernandez, is fundamentally different from both Wide Receiver and Fast and Furious since it involved cooperation with the Mexican government. Attorney General Holder’s retraction should have included an apology to the former Attorney General.

In his eagerness to blame the previous administration, Attorney General Holder got his facts wrong. And his tactic didn’t bring us any closer to understanding how a bad policy evolved and continued. Bad policy is bad policy, regardless of how many administrations carried it out. Ironically, the only document produced yesterday by the Department appears to show that senior officials in the Attorney General’s own department were strategizing about how to keep gunwalking in both Wide Receiver and Fast and Furious under wraps.

So let’s consider where we are. Congress has been misled several times by the Attorney General. We don’t yet know if Holder committed perjury or was simply incompetent in making the claims he did. But we do know that President Obama, who was once a harsh critic of executive privilege when it came to his predecessor, has suddenly discovered a real fondness for it. Obama, in fact, is now invoking executive privilege in order to prevent Congress for getting the documents it needs in order to investigate a program that was, by any measure, a scandalous failure that led to the deaths of innocent Americans and Mexicans.

Which raises these questions: As Alana noted earlier, what is the Obama administration hiding? And why are they hiding it?

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Barack Obama, Trayvon Martin, and “All of Us”

This morning, the president of the United States overshadowed his own introduction of the new World Bank president by making remarks about the shocking case of Trayvon Martin, the unarmed 17 year-old shot to death in a Florida town by a wannabe cop who claimed self-defense and was not charged with a crime. The Justice Department is looking at the case, a grand jury has been convened to consider the case, and the nation is in an uproar about the case—all signs that, with the exception of some extremists who crawl out of their repugnant redoubts, everybody is able to see the horror in a story like this and has a gut reaction that something profoundly wrong must have taken place here. The president said some moving words—”when I think about this boy, I think of my own kids…If I had a son, he’d look like Trayvon—and some not-so-moving things. Particularly this: “I think all of us have to do some soul searching to figure out how does something like this happen. And that means we examine the laws, the context for what happened, as well as the specifics of the incident.”

Hey, wait a minute. What soul-searching exactly is it “all of us have to do” here? A black kid was shot by a Hispanic adult apparently besotted with law enforcement whose volunteer work for neighborhood watch had him calling the cops in his Orlando suburb nearly 50 times in a year to report on his suspicions. That adult lives in a state where a “Stand Your Ground” law does not require people to retreat in the face of a threat outside their homes. A police chief where he lives decided that owing to the Stand Your Ground law, he had no grounds on which to arrest George Zimmerman for the shooting death—who claims he was attacked by Martin—and let him go. This is a very, very, very specific case—involving a podunk PD, an evidently problematic individual who had been slightly empowered by a private watch system, and a teenage kid in a hoodie on his way to buy candy for his brother. It took place in a state where 19 million people live. The circumstances may not be duplicable. Ever. Even so, the leading officials in the state—its governor, Rick Scott, and its superstar young senator, Marco Rubio—have already said the Stand Your Ground law may need revision in the wake of the case. The response has been overwhelming, and all in one direction.

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This morning, the president of the United States overshadowed his own introduction of the new World Bank president by making remarks about the shocking case of Trayvon Martin, the unarmed 17 year-old shot to death in a Florida town by a wannabe cop who claimed self-defense and was not charged with a crime. The Justice Department is looking at the case, a grand jury has been convened to consider the case, and the nation is in an uproar about the case—all signs that, with the exception of some extremists who crawl out of their repugnant redoubts, everybody is able to see the horror in a story like this and has a gut reaction that something profoundly wrong must have taken place here. The president said some moving words—”when I think about this boy, I think of my own kids…If I had a son, he’d look like Trayvon—and some not-so-moving things. Particularly this: “I think all of us have to do some soul searching to figure out how does something like this happen. And that means we examine the laws, the context for what happened, as well as the specifics of the incident.”

Hey, wait a minute. What soul-searching exactly is it “all of us have to do” here? A black kid was shot by a Hispanic adult apparently besotted with law enforcement whose volunteer work for neighborhood watch had him calling the cops in his Orlando suburb nearly 50 times in a year to report on his suspicions. That adult lives in a state where a “Stand Your Ground” law does not require people to retreat in the face of a threat outside their homes. A police chief where he lives decided that owing to the Stand Your Ground law, he had no grounds on which to arrest George Zimmerman for the shooting death—who claims he was attacked by Martin—and let him go. This is a very, very, very specific case—involving a podunk PD, an evidently problematic individual who had been slightly empowered by a private watch system, and a teenage kid in a hoodie on his way to buy candy for his brother. It took place in a state where 19 million people live. The circumstances may not be duplicable. Ever. Even so, the leading officials in the state—its governor, Rick Scott, and its superstar young senator, Marco Rubio—have already said the Stand Your Ground law may need revision in the wake of the case. The response has been overwhelming, and all in one direction.

What President Obama here is doing is suggesting this is not enough that even his own Justice Department’s involvement is not enough—that there is some kind of collective guilt in the United States responsible for George Zimmerman pulling the trigger. One can presume that collective guilt involves, in the president’s mind, the unjust stigmatization of teenaged black youths that owes a debt to the historical legacy of racism and the workings of racism in the present day. Take this argument to its logical conclusion and George Zimmerman is some kind of monster of the American Racialist Id, not a man who did something apparently very wrong but a manifestation of all American hostility toward black people.

Sorry, but I’m not responsible for George Zimmerman, and neither is anybody else save George Zimmerman. I’m not even responsible for the Stewart, Fla., police chief, whom I neither hired nor put on leave. When the president says, “all of us have to do some soul searching,” you can bet he doesn’t for one second actually include himself in that “us.” What he means is “you.”

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Justice Failed in the Demjanjuk Case

Yesterday, John Demjanjuk died in a German nursing home. Though twice convicted of participation in one of history’s great atrocities, with the assistance of clever lawyers, liberal judges and owing to his age and infirmity, Demjanjuk didn’t pass away in jail. Upon his death, his family once again declared his innocence and, due to a technicality in German law that says sentences are not final until the last appeal is ruled on, could even claim that his death voided his conviction. The New York Times obituary, though providing voluminous detail about his case, insisted on describing his case as merely a one of “questions” and “mysteries.”

But any objective examination of his story reveals little that could be fairly termed a “mystery.” Demjanjuk was a soldier in the Red Army who was captured by the Germans. Like many other Ukrainians he fought for Hitler’s army. But he was no ordinary turncoat solider hoping to evade the grim fate that befell most Soviet prisoners of the Nazis. He volunteered to be a death camp guard. Even if one accepts the doubts that were raised as to whether he was the infamous “Ivan the Terrible” of the Treblinka extermination facility, there is no doubt that he was a terrible Ivan who served at the equally horrific Sobibor, Majdanek and Flossenbürg camps. But though enough proof of his complicity in these crimes was brought forward to secure two convictions many years later, like many another Holocaust criminal, Demjanjuk didn’t die inside prison walls. While his Holocaust-denying fan club (among whose members we must count pundit and former presidential candidate Pat Buchanan) may claim the last laugh we must credit the hard work of activists and prosecutors who never gave up the fight to bring him to book for his crimes. In doing so, they did honor to the victims as well as to the cause of justice. We can’t help but note though that their efforts must be said to have fallen short since Demjanjuk never got the date with the hangman that he richly deserved.

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Yesterday, John Demjanjuk died in a German nursing home. Though twice convicted of participation in one of history’s great atrocities, with the assistance of clever lawyers, liberal judges and owing to his age and infirmity, Demjanjuk didn’t pass away in jail. Upon his death, his family once again declared his innocence and, due to a technicality in German law that says sentences are not final until the last appeal is ruled on, could even claim that his death voided his conviction. The New York Times obituary, though providing voluminous detail about his case, insisted on describing his case as merely a one of “questions” and “mysteries.”

But any objective examination of his story reveals little that could be fairly termed a “mystery.” Demjanjuk was a soldier in the Red Army who was captured by the Germans. Like many other Ukrainians he fought for Hitler’s army. But he was no ordinary turncoat solider hoping to evade the grim fate that befell most Soviet prisoners of the Nazis. He volunteered to be a death camp guard. Even if one accepts the doubts that were raised as to whether he was the infamous “Ivan the Terrible” of the Treblinka extermination facility, there is no doubt that he was a terrible Ivan who served at the equally horrific Sobibor, Majdanek and Flossenbürg camps. But though enough proof of his complicity in these crimes was brought forward to secure two convictions many years later, like many another Holocaust criminal, Demjanjuk didn’t die inside prison walls. While his Holocaust-denying fan club (among whose members we must count pundit and former presidential candidate Pat Buchanan) may claim the last laugh we must credit the hard work of activists and prosecutors who never gave up the fight to bring him to book for his crimes. In doing so, they did honor to the victims as well as to the cause of justice. We can’t help but note though that their efforts must be said to have fallen short since Demjanjuk never got the date with the hangman that he richly deserved.

The Cold War allowed many Eastern Europeans who took part in Nazi-era crimes to pretend to be victims. Demjanjuk was one such person and like many others who took part in these crimes, Demjanjuk evaded the long arm of the law after World War II ended and entered the United States where he took the name John and eventually became a citizen and raised a family. But unfortunately for him, evidence of his ties to the SS was uncovered, including an identity card with his picture. Survivors also identified him. His lies were eventually exposed and after many years of litigation the Justice Department was able to revoke his citizenship and deport him to Israel where he was put on trial.

After exhaustive arguments and extensive testimony from survivors who identified him as the man who brutally assaulted victims and killed many with his bare hands at Treblinka, Demjanjuk was convicted and sentenced to death. But five years later, the Israeli Supreme Court overturned the verdict and set him free.

The court’s justification for this action was the claim that other guards claimed that another Ivan, named Marchenko was the “terrible” guard of Treblinka. But the court’s ruling was not so much a conclusive ruling about his innocence as a meditation on the role of Israel justice. The majority seemed to feel that so long as even a shadow of a doubt existed as to his guilt it would be better that Israel should not take his life or deprive him of his liberty. This was meant and was actually perceived in many quarters as tribute to the quality of Jewish mercy as well as Israeli justice but it may well have been very bad law. As even the Times noted, Demjanjuk had listed his mother’s maiden name as Marchenko on his U.S. entry papers. The preponderance of evidence still must be said to show that Demjanjuk really was Ivan the Terrible of Treblinka.

Instead of the execution that he merited, he was sent back to America in 1993. But there again, intrepid prosecutors set to work to try and convict him again, this time, for being a guard at the camps that his lawyers said he was at rather than Treblinka. Again long delays put off his second deportation and trial (this time in Germany) and his conviction on those awful charges did not come until 2011.

We may take some solace in that the extended legal process for Demjanjuk helped educate the world about the Holocaust. We may also take pride in the efforts of those who labored for so many years to try and bring him to account for his part in these crimes. But there is much about this case that ought to be regarded with disgust.

Among the most shameful aspects of this story is the way some, like Buchanan, used Cold War enmity to obfuscate the guilt of Demjanjuk and other Eastern Europeans who were Hitler’s collaborators. Also shameful was the criticism aimed at the many Holocaust survivors who stepped forward to identify Demjanjuk as one of their torturers. The aspersions cast and doubts that were raised about the veracity of their testimony were deeply unfortunate. Most of all, the unwillingness of the Israeli Supreme Court to take responsibility for the case and to rule with fairness as well as mercy did little honor to that institution.

The plain fact of the matter is that John Demjanjuk never got the sentence his crimes warranted. In that he was not alone since many such criminals evaded prosecution, let alone prison time or execution. And for that we may all hang our heads in shame.

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Washington Post Confirms More Than a Year of Conservative Reporting

Yes, that’s right. On Saturday’s front page, in a well-documented piece, the Washington Post did a very credible job in reporting the details of the New Black Party Panther case and, in large part, vindicating the witnesses and conservative outlets which have reported that: 1) the administration concealed that political appointees influenced the decision to dismiss a blatant case of voter intimidation; 2) the Obama administration does not believe in equal enforcement of civil rights laws; and 3) this single incident is indicative of a much larger problem than one case of voter intimidation.

As to the administration’s mindset:

Civil rights officials from the Bush administration have said that enforcement should be race-neutral. But some officials from the Obama administration, which took office vowing to reinvigorate civil rights enforcement, thought the agency should focus primarily on cases filed on behalf of minorities.

“The Voting Rights Act was passed because people like Bull Connor were hitting people like John Lewis, not the other way around,” said one Justice Department official not authorized to speak publicly, referring to the white Alabama police commissioner who cracked down on civil rights protesters such as Lewis, now a Democratic congressman from Georgia.

Translation: J. Christian Adams and Chris Coates, two former trial attorneys, testified truthfully under oath on this point; civil rights chief Thomas Perez did not.

Likewise, Adams and Coates are vindicated in their version of a case filed against an African American official:

Three Justice Department lawyers, speaking on the condition of anonymity because they feared retaliation from their supervisors, described the same tensions, among career lawyers as well as political appointees. Employees who worked on the [Ike]Brown case were harassed by colleagues, they said, and some department lawyers anonymously went on legal blogs “absolutely tearing apart anybody who was involved in that case,” said one lawyer.

“There are career people who feel strongly that it is not the voting section’s job to protect white voters,” the lawyer said. “The environment is that you better toe the line of traditional civil rights ideas or you better keep quiet about it, because you will not advance, you will not receive awards and you will be ostracized.”

Translation: Wow.

As for the involvement of higher-ups:

Asked at a civil rights commission hearing in May whether any of the department’s political leadership was “involved in” the decision to dismiss the Panthers case, assistant attorney general for civil rights Thomas E. Perez said no.

“This is a case about career people disagreeing with career people,” said Perez, who was not in the department at the time. He also said that political appointees are regularly briefed on civil rights cases and, whenever there is a potentially controversial decision, “we obviously communicate that up the chain.”

Justice Department records turned over in a lawsuit to the conservative group Judicial Watch show a flurry of e-mails between the Civil Rights Division and the office of Associate Attorney General Thomas Perelli, a political appointee who supervises the division.

Translation: Perez did not exactly say the truth under oath.

What about orders not to enforce the law in a race-neutral fashion?

In the months after the case ended, tensions persisted. A new supervisor, Julie Fernandes, arrived to oversee the voting section, and Coates testified that she told attorneys at a September 2009 lunch that the Obama administration was interested in filing cases – under a key voting rights section – only on behalf of minorities.

“Everyone in the room understood exactly what she meant,” Coates said. “No more cases like the Ike Brown or New Black Panther Party cases.”

Fernandes declined to comment through a department spokeswoman.

Translation: Perez and Fernandes will have to go.

The administration must be awfully panicky. Lots of DOJ  attorneys assisted in preparing false responses to discovery requests from the U.S. Commission on Civil Rights. The administration repeatedly misrepresented the facts in public. The Justice Department tried to prevent percipient witnesses from testifying pursuant to subpoenas. Perez testified under oath untruthfully. The  Obama administration stonewalled both the commission and congressmen trying to uncover the facts which conservative outlets and now the Post have revealed. The DOJ tried to bully attorneys who were prepared to tell the truth. There is a term for that: obstruction of justice.

And what’s more, GOP committee chairmen with subpoena power will take over in January when the new Congress convenes. Expect hearings, some resignations, and maybe a prosecution or two. The “small potatoes” story the mainstream media pooh-poohed will be the first serious scandal of the last two years of Obama’s term. Do I hear that Eric Holder wants to spend “more time with his family”?

Two final notes. Conservatives who caught wind of this story being underway expressed concern that the Post reporters might end up pulling their punches, given this Post editorial from several weeks ago. That fear turned out to be unfounded. This is one instance in which the wall between the editorial and news sections held firm. (It often works the other way, of course. The Post’s opinion editors, for example, were on top of the Chas Freeman story, which its news reporters ignored.) And secondly, sources who spoke to the reporters tells me that the Post was under severe pressure from the DOJ not to run this sort of story. It seems as though the Post‘s reporters find the current crew at the DOJ quite “unprofessional”. One must give credit to those two reporters for withstanding the pressure – and see it as a sign that the administration’s bark isn’t scaring anyone these days.

Yes, that’s right. On Saturday’s front page, in a well-documented piece, the Washington Post did a very credible job in reporting the details of the New Black Party Panther case and, in large part, vindicating the witnesses and conservative outlets which have reported that: 1) the administration concealed that political appointees influenced the decision to dismiss a blatant case of voter intimidation; 2) the Obama administration does not believe in equal enforcement of civil rights laws; and 3) this single incident is indicative of a much larger problem than one case of voter intimidation.

As to the administration’s mindset:

Civil rights officials from the Bush administration have said that enforcement should be race-neutral. But some officials from the Obama administration, which took office vowing to reinvigorate civil rights enforcement, thought the agency should focus primarily on cases filed on behalf of minorities.

“The Voting Rights Act was passed because people like Bull Connor were hitting people like John Lewis, not the other way around,” said one Justice Department official not authorized to speak publicly, referring to the white Alabama police commissioner who cracked down on civil rights protesters such as Lewis, now a Democratic congressman from Georgia.

Translation: J. Christian Adams and Chris Coates, two former trial attorneys, testified truthfully under oath on this point; civil rights chief Thomas Perez did not.

Likewise, Adams and Coates are vindicated in their version of a case filed against an African American official:

Three Justice Department lawyers, speaking on the condition of anonymity because they feared retaliation from their supervisors, described the same tensions, among career lawyers as well as political appointees. Employees who worked on the [Ike]Brown case were harassed by colleagues, they said, and some department lawyers anonymously went on legal blogs “absolutely tearing apart anybody who was involved in that case,” said one lawyer.

“There are career people who feel strongly that it is not the voting section’s job to protect white voters,” the lawyer said. “The environment is that you better toe the line of traditional civil rights ideas or you better keep quiet about it, because you will not advance, you will not receive awards and you will be ostracized.”

Translation: Wow.

As for the involvement of higher-ups:

Asked at a civil rights commission hearing in May whether any of the department’s political leadership was “involved in” the decision to dismiss the Panthers case, assistant attorney general for civil rights Thomas E. Perez said no.

“This is a case about career people disagreeing with career people,” said Perez, who was not in the department at the time. He also said that political appointees are regularly briefed on civil rights cases and, whenever there is a potentially controversial decision, “we obviously communicate that up the chain.”

Justice Department records turned over in a lawsuit to the conservative group Judicial Watch show a flurry of e-mails between the Civil Rights Division and the office of Associate Attorney General Thomas Perelli, a political appointee who supervises the division.

Translation: Perez did not exactly say the truth under oath.

What about orders not to enforce the law in a race-neutral fashion?

In the months after the case ended, tensions persisted. A new supervisor, Julie Fernandes, arrived to oversee the voting section, and Coates testified that she told attorneys at a September 2009 lunch that the Obama administration was interested in filing cases – under a key voting rights section – only on behalf of minorities.

“Everyone in the room understood exactly what she meant,” Coates said. “No more cases like the Ike Brown or New Black Panther Party cases.”

Fernandes declined to comment through a department spokeswoman.

Translation: Perez and Fernandes will have to go.

The administration must be awfully panicky. Lots of DOJ  attorneys assisted in preparing false responses to discovery requests from the U.S. Commission on Civil Rights. The administration repeatedly misrepresented the facts in public. The Justice Department tried to prevent percipient witnesses from testifying pursuant to subpoenas. Perez testified under oath untruthfully. The  Obama administration stonewalled both the commission and congressmen trying to uncover the facts which conservative outlets and now the Post have revealed. The DOJ tried to bully attorneys who were prepared to tell the truth. There is a term for that: obstruction of justice.

And what’s more, GOP committee chairmen with subpoena power will take over in January when the new Congress convenes. Expect hearings, some resignations, and maybe a prosecution or two. The “small potatoes” story the mainstream media pooh-poohed will be the first serious scandal of the last two years of Obama’s term. Do I hear that Eric Holder wants to spend “more time with his family”?

Two final notes. Conservatives who caught wind of this story being underway expressed concern that the Post reporters might end up pulling their punches, given this Post editorial from several weeks ago. That fear turned out to be unfounded. This is one instance in which the wall between the editorial and news sections held firm. (It often works the other way, of course. The Post’s opinion editors, for example, were on top of the Chas Freeman story, which its news reporters ignored.) And secondly, sources who spoke to the reporters tells me that the Post was under severe pressure from the DOJ not to run this sort of story. It seems as though the Post‘s reporters find the current crew at the DOJ quite “unprofessional”. One must give credit to those two reporters for withstanding the pressure – and see it as a sign that the administration’s bark isn’t scaring anyone these days.

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Part 2: Immigration and the Golden State

In this post I continue my responses to Peter Robinson’s thought-provoking questions about the degree to which immigration has contributed to California’s current predicament (e.g., fiscal ruin, economic stagnation, political dysfunction). Peter’s second question concerns the political impact on the Republican party. He asks:

Q:  There’s plenty of evidence that, as Hispanics move into the middle class, they begin voting Republican, following the same pattern as previous immigrant groups. In California, though, the Hispanics that do indeed join the middle class are always hugely outnumbered as the influx of poor Mexicans continues — and, as these recent arrivals begin voting, they vote overwhelmingly Democratic. The state that gave us Reagan has now become dark blue. … With California out of play, the GOP stands at a permanent disadvantage in presidential politics.  Isn’t all that too high a price to pay for loose immigration policies?

Let’s break this down into legal and illegal immigration. No critic of lax efforts to cut down on voter fraud has been more ferocious than I. But, honestly, I don’t believe that there are huge numbers of illegal immigrants who flock to the polls. And if there were (as well as for other reasons, which I have amplified in other writings on Obama Justice Department), we need to clean house at the DOJ. One way to start would be to make sure the Department, contrary to the directions of Obama appointees, enforces Section 8 of the Voting Rights Act, which requires states to clean up their voter rolls.

But I think we’re principally talking about Hispanic citizens. Here, the GOP’s problem, I would suggest, is entirely one of its own making. If a party cannot connect with and make its case to a large segment of the electorate, which actually shares many of its fundamental values (e.g., family, the sanctity of life, economic opportunity), there is something wrong with the party. (Let Obama blame or write off voters.)

The argument that “We’ve tried, but nothing works” is a cop-out. (I’m not persuaded by the argument that John McCain’s inability to attract Hispanic voters in 2008 is proof of this. McCain essentially reversed course on immigration in the campaign. Moreover, McCain couldn’t even connect with New Englanders.) In Virginia,  now Gov. Bob McDonnell told me in late 2008 that Republicans had done a poor job of explaining that it is the illegal part they object to — not the immigrant part. And, in the 2009 campaign, he went to Hispanic communities explaining why conservative positions on education, family, low taxes, reasonable regulation, crime, etc. are good for them. If Republicans tried that over an extended period of time, continued to demonstrate that they are a diverse party (Marco Rubio and other Hispanic candidates and officials help in this regard), and tamped down on the over-the-top anti-immigrant rhetoric, they might improve their standing. “We don’t know that!” critics say. True, but why not give it a shot? (Given current polling data, this might be an opportune time to start.)

The question also touches on comprehensive immigration reform. If we legalize them all, the argument goes, then they will stream to the polls and the GOP will be toast. My response is two-fold: 1) see the preceding paragraph and 2) let’s consider what would happen if many of the current immigrants were legalized. For that discussion, let’s turn to Peter’s final question:

Q.  The 2.6 million immigrants in California illegally consume hundreds of millions of dollars worth of public services each year.  They pay sales taxes—but only sales taxes.  On balance, isn’t it likely that they represent an economic drag on the entire state?  “[T]he several million illegal aliens in the state,” Victor Davis Hanson wrote recently, “might make California’s meltdown a little bit more severe than, say, Montana’s or Utah’s.” Isn’t Victor on to something?

Victor is always on to something! But as I discussed in Part 1, the picture is a bit more complicated than anti-immigration activists would have us believe. The data is mixed regarding the net cost-benefits at the state level. Moreover, there are some illegal immigrants who pay more than sales tax. Do they pay property taxes? Do they, if they’ve managed to get on a payroll, pay Social Security taxes (perhaps under a phony Social Security card)? Some do. I think that saying they act as a drag on the state goes too far. The data cited here and in Part 1 suggest that while state expenditures might be stressed, the overall economy benefits tremendously by immigrants.

Still, I’ll concede that in the short run, new, poor immigrants may use more social services than they pay for in taxes, as compared to the rest of the population. But then — Peter sees this coming — let’s figure out how to naturalize the vast majority of them and get them to start paying all their taxes into the system. Am I arguing for “amnesty”? Amnesty is a free pass. I favor allowing otherwise law-abiding immigrants who want to pay a fine, contribute their share to taxes, and go through background checks and a waiting period to legalize their status. Then they can begin to contribute fully to the coffers of California and every other state.

Comprehensive immigration reform would also entail serious border enforcement, temporary worker rules, and employer verification measures. The constant stream of “poor Mexicans” then would slow down. Then we could get down to the business of discussing appropriate levels of legal immigration and an increase in visas for skilled workers.

I come back to Peter’s basic query: Is immigration (legal and not) a significant factor in California’s mess? In my view it isn’t, especially in comparison to Californians’ enormous self-inflicted wounds (e.g., state constitutional chaos, misguided reforms, public-employee union corruption and excess). Certainly, we should should address the issue. We might get around to it if Obama ever started treating immigration reform as a serious policy matter instead of a political football.

In this post I continue my responses to Peter Robinson’s thought-provoking questions about the degree to which immigration has contributed to California’s current predicament (e.g., fiscal ruin, economic stagnation, political dysfunction). Peter’s second question concerns the political impact on the Republican party. He asks:

Q:  There’s plenty of evidence that, as Hispanics move into the middle class, they begin voting Republican, following the same pattern as previous immigrant groups. In California, though, the Hispanics that do indeed join the middle class are always hugely outnumbered as the influx of poor Mexicans continues — and, as these recent arrivals begin voting, they vote overwhelmingly Democratic. The state that gave us Reagan has now become dark blue. … With California out of play, the GOP stands at a permanent disadvantage in presidential politics.  Isn’t all that too high a price to pay for loose immigration policies?

Let’s break this down into legal and illegal immigration. No critic of lax efforts to cut down on voter fraud has been more ferocious than I. But, honestly, I don’t believe that there are huge numbers of illegal immigrants who flock to the polls. And if there were (as well as for other reasons, which I have amplified in other writings on Obama Justice Department), we need to clean house at the DOJ. One way to start would be to make sure the Department, contrary to the directions of Obama appointees, enforces Section 8 of the Voting Rights Act, which requires states to clean up their voter rolls.

But I think we’re principally talking about Hispanic citizens. Here, the GOP’s problem, I would suggest, is entirely one of its own making. If a party cannot connect with and make its case to a large segment of the electorate, which actually shares many of its fundamental values (e.g., family, the sanctity of life, economic opportunity), there is something wrong with the party. (Let Obama blame or write off voters.)

The argument that “We’ve tried, but nothing works” is a cop-out. (I’m not persuaded by the argument that John McCain’s inability to attract Hispanic voters in 2008 is proof of this. McCain essentially reversed course on immigration in the campaign. Moreover, McCain couldn’t even connect with New Englanders.) In Virginia,  now Gov. Bob McDonnell told me in late 2008 that Republicans had done a poor job of explaining that it is the illegal part they object to — not the immigrant part. And, in the 2009 campaign, he went to Hispanic communities explaining why conservative positions on education, family, low taxes, reasonable regulation, crime, etc. are good for them. If Republicans tried that over an extended period of time, continued to demonstrate that they are a diverse party (Marco Rubio and other Hispanic candidates and officials help in this regard), and tamped down on the over-the-top anti-immigrant rhetoric, they might improve their standing. “We don’t know that!” critics say. True, but why not give it a shot? (Given current polling data, this might be an opportune time to start.)

The question also touches on comprehensive immigration reform. If we legalize them all, the argument goes, then they will stream to the polls and the GOP will be toast. My response is two-fold: 1) see the preceding paragraph and 2) let’s consider what would happen if many of the current immigrants were legalized. For that discussion, let’s turn to Peter’s final question:

Q.  The 2.6 million immigrants in California illegally consume hundreds of millions of dollars worth of public services each year.  They pay sales taxes—but only sales taxes.  On balance, isn’t it likely that they represent an economic drag on the entire state?  “[T]he several million illegal aliens in the state,” Victor Davis Hanson wrote recently, “might make California’s meltdown a little bit more severe than, say, Montana’s or Utah’s.” Isn’t Victor on to something?

Victor is always on to something! But as I discussed in Part 1, the picture is a bit more complicated than anti-immigration activists would have us believe. The data is mixed regarding the net cost-benefits at the state level. Moreover, there are some illegal immigrants who pay more than sales tax. Do they pay property taxes? Do they, if they’ve managed to get on a payroll, pay Social Security taxes (perhaps under a phony Social Security card)? Some do. I think that saying they act as a drag on the state goes too far. The data cited here and in Part 1 suggest that while state expenditures might be stressed, the overall economy benefits tremendously by immigrants.

Still, I’ll concede that in the short run, new, poor immigrants may use more social services than they pay for in taxes, as compared to the rest of the population. But then — Peter sees this coming — let’s figure out how to naturalize the vast majority of them and get them to start paying all their taxes into the system. Am I arguing for “amnesty”? Amnesty is a free pass. I favor allowing otherwise law-abiding immigrants who want to pay a fine, contribute their share to taxes, and go through background checks and a waiting period to legalize their status. Then they can begin to contribute fully to the coffers of California and every other state.

Comprehensive immigration reform would also entail serious border enforcement, temporary worker rules, and employer verification measures. The constant stream of “poor Mexicans” then would slow down. Then we could get down to the business of discussing appropriate levels of legal immigration and an increase in visas for skilled workers.

I come back to Peter’s basic query: Is immigration (legal and not) a significant factor in California’s mess? In my view it isn’t, especially in comparison to Californians’ enormous self-inflicted wounds (e.g., state constitutional chaos, misguided reforms, public-employee union corruption and excess). Certainly, we should should address the issue. We might get around to it if Obama ever started treating immigration reform as a serious policy matter instead of a political football.

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Obama Justice Department Rocked

The former head of the Justice Department’s New Black Panther trial team, Chris Coates, testified Friday before the U.S. Commission on Civil Rights. See here and here and here (subscription required). Before Coates broke his silence, the commission’s critics, a minority of the commissioners, and the mainstream media insisted that the dismissal of a slam-dunk voter-intimidation case had no significance beyond the single incident on Election Day 2008. However, Coates’s account of the administration’s hostility to race-neutral enforcement of voting laws and refusal to enforce Section 8 of the Voting Rights Act (requiring that states clean up their voting rolls to prevent voter fraud) blew that assertion to smithereens.

I was in the hearing room on Friday. Nearly as riveting as Coates’s testimony was the frantic performance of the administration’s chief lackey, Commissioner Michael Yaki. He asked Coates about the civil rights division’s memo-writing procedures, Bush-era cases, and Coates’s friendship with a former department attorney but never asked any questions about the specific allegations that Obama appointees opposed equal enforcement of the voting laws. An audience member wisecracked, “When all else fails, blame George Bush.” Read More

The former head of the Justice Department’s New Black Panther trial team, Chris Coates, testified Friday before the U.S. Commission on Civil Rights. See here and here and here (subscription required). Before Coates broke his silence, the commission’s critics, a minority of the commissioners, and the mainstream media insisted that the dismissal of a slam-dunk voter-intimidation case had no significance beyond the single incident on Election Day 2008. However, Coates’s account of the administration’s hostility to race-neutral enforcement of voting laws and refusal to enforce Section 8 of the Voting Rights Act (requiring that states clean up their voting rolls to prevent voter fraud) blew that assertion to smithereens.

I was in the hearing room on Friday. Nearly as riveting as Coates’s testimony was the frantic performance of the administration’s chief lackey, Commissioner Michael Yaki. He asked Coates about the civil rights division’s memo-writing procedures, Bush-era cases, and Coates’s friendship with a former department attorney but never asked any questions about the specific allegations that Obama appointees opposed equal enforcement of the voting laws. An audience member wisecracked, “When all else fails, blame George Bush.”

Try as Democrats might to ignore the blockbuster evidence, Coates’s testimony was a game changer. Granted, the testimony contained information already revealed in conservative outlets and by former DOJ attorney J. Christian Adams. But Coates confirmed these facts and added a wealth of new details. An African American attorney and his mother (who also works for DOJ) were harassed for working on a voting case brought against an African American defendant. Obama’s deputy assistant general for civil rights, Julie Fernandez, repeatedly told attorneys not to enforce Section 8 or bring cases against minority defendants. Coates’s supervisor, who directly ordered the case’s dismissal, told him to stop asking applicants if they could enforce laws in a race-neutral fashion. Coates briefed civil rights chief Thomas Perez on the hostility toward race-neutral enforcement of voting laws — before Perez feigned ignorance of such sentiments in sworn testimony. In sum, Coates’s appearance was the scandal’s tipping point.

Conservative outlets have reported on the case for over a year; mainstream reporters have averted their eyes. After Coates’s performance, the Washington Post’s page-one story proclaimed that the case is “ratcheting up.” Politico had pooh-poohed the story; it now acknowledges that conservatives had it correct all along. (“Coates’ highly-charged testimony before the Civil Rights Commission echoed [conservatives’] allegations, as well as the testimony of J. Christian Adams.”) The testimony was so stunning that the New York Times might have to cover it.

Meanwhile, the DOJ’s spokesman bristled that Coates wasn’t “authorized” to testify and wasn’t an “appropriate” witness. In a transparent coordination with Yaki, DOJ’s spokesman blamed the Bush administration for politicizing the department. But it will be impossible to shrug off or smear Coates. As the Post conceded, Coates’s testimony will “carry greater weight because he worked decades ago as an attorney for the American Civil Liberties Union, has won awards from civil rights groups and lacks the partisan GOP resume of the department’s harshest opponents.”

Moreover, Coates testimony was all the more compelling because he was so circumspect, refusing to testify about internal discussions that the department considers privileged. (He readily agreed to provide more details if the DOJ waived its privilege claim.) He declined to draw inferences unsupported by his own observations. Asked whether Obama appointees’ directive not to enforce Section 8’s anti-fraud provisions was racially motivated, he answered with a litigator’s precision: it might have not been the intent, but the result was to allow bloated voting rolls in heavily minority districts that were Democratic strongholds.

No wonder the administration tried to muzzle Coates. Nevertheless, the department’s stonewalling has failed, and those parroting the administration’s line (“much ado about nothing”) look foolish. Inevitably, more Justice Department witnesses and documents will surface. (Judicial Watch has sued the DOJ, demanding documents evidencing the involvement of the department’s No. 3 man.)

Moreover, after November, Republicans almost certainly will assume chairmanships of key congressional committees. (Staff members from the offices of Reps. Lamar Smith and Frank Wolf, who have doggedly pursued the case, listened attentively in the front row on Friday.) A spokesman for Smith released this statement:

A founding principle of this nation is equality under the law. That means it is unacceptable for the Justice Department to determine whether to enforce a law based upon the race of a defendant or victim. And yet, according to testimony by the former chief voting rights attorney for the Department, that is precisely what the Justice Department is doing. … The Judiciary Committee should immediately open an investigation into allegations of improper practices within the Civil Rights Division and Justice Department officials should be subpoenaed to testify before Congress. There is no excuse for racial discrimination anywhere, but within the halls of the U.S. Department of Justice, it is the height of hypocrisy.

If Obama appointees refuse to testify voluntarily, the new chairmen will issue subpoenas.

It will be interesting to hear Obama officials explain why they failed to investigate accusations of wrongdoing and instead insisted that voting-rights laws be enforced only on behalf of minorities. It will be must-see TV when Perez is grilled on his inaccurate testimony claiming ignorance of hostility to the colorblind enforcement of voting laws. Will attorneys be referred to their state bar for professional misconduct?

This has become another headache for the Obama administration, especially for Eric Holder. Maybe he will want to “spend more time with his family” before Republican chairmen grab their gavels.

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Obstruction of Justice

On August 6, the U.S. Commission on Civil Rights sent Eric Holder a letter reiterating its request to allow Chris Coates, the former head of the New Black Panther Party trial team, to testify. Coates had, upon his relocation to the U.S. attorney’s office in South Carolina, given a goodbye speech detailing the dangers of his colleagues’ aversion to colorblind enforcement of civil rights laws, which is the central focus of the commission’s work. The commission, in an effort to avoid any claim of “privilege,” offered to limit questioning to whether there is a “policy and/or culture within the Department of discriminatory enforcement of civil rights laws” and whether the administration is refusing to enforce the portion of the Voting Rights Act that requires local and state governments to clean up the voting rolls to prevent fraud.

On August 11, civil rights department head Thomas Perez, who has been accused of giving misleading testimony to the commission and to Congress, sent a rather preposterous response. He assured the commission that there was no problem, no problem at all, because the Justice Department is committed “to the evenhanded application of the law.” And since Perez has told the commission so, there is no need to allow Coates to testify. (“In light of my clear articulation of our enforcement policy … we do not believe that a Civil Rights Division attorney who has been on detail to the U.S. Attorney’s office in South Carolina since mid-January 2010 is the appropriate witness to testify.”)

It’s jaw-dropping, really, even for this crew. Coates, who has detailed knowledge of the most explosive allegations, can’t be the right person to testify, because he was shuffled off to South Carolina after his maddening experience on the New Black Panther trial case and a fiery farewell address in which he accused the department of failing to enforce the law in an “evenhanded” manner. So he can’t possibly be the right person to testify.

As this report details, an acrimonious commission meeting took place on Friday in which a minority of the commissioners carried the department’s water and found no problem with the galling stonewall. But a majority of the commissioners found that the Obama administration had been obstructionist and passed a motion that restated the commission’s statutory authority and the attorney general’s refusal to cooperate with the commission’s investigation:

The Commission’s organic statute authorizes it to subpoena witnesses and the production of written material in aid of its mission, and it authorizes the Attorney General to enforce the Commission’s subpoenas in federal court if any person or entity refuses to comply. The Commission’s statute also requires that “All Federal agencies shall cooperate fully with the Commission to the end that it may effectively carry out its functions and duties,” 42 U.S.C. § 1975b(e), but it is equally unclear whether the Commission has recourse to seek judicial enforcement of this command, absent representation from the Department of Justice. … In the NBPP investigation that is the subject of this report, the Department of Justice refused to comply with certain Commission requests for information concerning DOJ’s enforcement actions, and it instructed its employees not to comply with the Commission’s subpoenas for testimony.

The commission also adopted the following:

Congress should consider amendments to the Commission’s statute to address investigations in which the Attorney General and/or the Department of Justice have a conflict of interest in complying fully with the Commission’s requests for information.  Options to address a potential conflict of interest might include the following:

Enactment of a statutory procedure by which the Commission may request the Attorney General to appoint a special counsel with authority to represent it in federal court, which request the Attorney General must personally respond to in writing within a specified period of time.

Enactment of a statutory provision to clarify that the Commission may hire its own counsel and proceed independently in federal court if the Attorney General refuses to enforce a subpoena or other lawful request, especially those directed at the Department of Justice, its officers, or its employees.

A conscious decision not to alter the Commission’s statute or a statutory confirmation that the Attorney General and Department of Justice can act against the Commission’s interest without any particular explanation.

The last option would surely be popular with congressional Democrats.

But the real resolution of this will probably come only if Coates and others defy the department’s order to ignore the commission’s subpoenas (not likely if they want to continue working in this administration), or if control of the House and/or Senate flips to GOP control, and Coates, Perez, and others are ordered to appear and give congressional testimony under oath.

On August 6, the U.S. Commission on Civil Rights sent Eric Holder a letter reiterating its request to allow Chris Coates, the former head of the New Black Panther Party trial team, to testify. Coates had, upon his relocation to the U.S. attorney’s office in South Carolina, given a goodbye speech detailing the dangers of his colleagues’ aversion to colorblind enforcement of civil rights laws, which is the central focus of the commission’s work. The commission, in an effort to avoid any claim of “privilege,” offered to limit questioning to whether there is a “policy and/or culture within the Department of discriminatory enforcement of civil rights laws” and whether the administration is refusing to enforce the portion of the Voting Rights Act that requires local and state governments to clean up the voting rolls to prevent fraud.

On August 11, civil rights department head Thomas Perez, who has been accused of giving misleading testimony to the commission and to Congress, sent a rather preposterous response. He assured the commission that there was no problem, no problem at all, because the Justice Department is committed “to the evenhanded application of the law.” And since Perez has told the commission so, there is no need to allow Coates to testify. (“In light of my clear articulation of our enforcement policy … we do not believe that a Civil Rights Division attorney who has been on detail to the U.S. Attorney’s office in South Carolina since mid-January 2010 is the appropriate witness to testify.”)

It’s jaw-dropping, really, even for this crew. Coates, who has detailed knowledge of the most explosive allegations, can’t be the right person to testify, because he was shuffled off to South Carolina after his maddening experience on the New Black Panther trial case and a fiery farewell address in which he accused the department of failing to enforce the law in an “evenhanded” manner. So he can’t possibly be the right person to testify.

As this report details, an acrimonious commission meeting took place on Friday in which a minority of the commissioners carried the department’s water and found no problem with the galling stonewall. But a majority of the commissioners found that the Obama administration had been obstructionist and passed a motion that restated the commission’s statutory authority and the attorney general’s refusal to cooperate with the commission’s investigation:

The Commission’s organic statute authorizes it to subpoena witnesses and the production of written material in aid of its mission, and it authorizes the Attorney General to enforce the Commission’s subpoenas in federal court if any person or entity refuses to comply. The Commission’s statute also requires that “All Federal agencies shall cooperate fully with the Commission to the end that it may effectively carry out its functions and duties,” 42 U.S.C. § 1975b(e), but it is equally unclear whether the Commission has recourse to seek judicial enforcement of this command, absent representation from the Department of Justice. … In the NBPP investigation that is the subject of this report, the Department of Justice refused to comply with certain Commission requests for information concerning DOJ’s enforcement actions, and it instructed its employees not to comply with the Commission’s subpoenas for testimony.

The commission also adopted the following:

Congress should consider amendments to the Commission’s statute to address investigations in which the Attorney General and/or the Department of Justice have a conflict of interest in complying fully with the Commission’s requests for information.  Options to address a potential conflict of interest might include the following:

Enactment of a statutory procedure by which the Commission may request the Attorney General to appoint a special counsel with authority to represent it in federal court, which request the Attorney General must personally respond to in writing within a specified period of time.

Enactment of a statutory provision to clarify that the Commission may hire its own counsel and proceed independently in federal court if the Attorney General refuses to enforce a subpoena or other lawful request, especially those directed at the Department of Justice, its officers, or its employees.

A conscious decision not to alter the Commission’s statute or a statutory confirmation that the Attorney General and Department of Justice can act against the Commission’s interest without any particular explanation.

The last option would surely be popular with congressional Democrats.

But the real resolution of this will probably come only if Coates and others defy the department’s order to ignore the commission’s subpoenas (not likely if they want to continue working in this administration), or if control of the House and/or Senate flips to GOP control, and Coates, Perez, and others are ordered to appear and give congressional testimony under oath.

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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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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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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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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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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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Flotsam and Jetsam

Candid. Israeli Vice Prime Minister Moshe Yaalon’s interview should be read in full. A sample: “Yaalon said bluntly that he believes Iran’s regime is ‘not sure that there is a will’ on the part of the United States right now to exercise the military option against Iran’s nuclear facilities. … When asked if he felt the Obama administration was open to military action against Iran, Yaalon said that, according to the traditions of Israel’s forefathers, righteous people hope that the job might be done by others. On the other hand, he said, there is another old saying that goes like this: ‘If I’m not for myself, then who is for me?’ He added, ‘So we should be ready.’”

Intriguing. And the timing couldn’t be worse for him: “First it was President Barack Obama, then White House Chief of Staff, Rahm Emanuel, now U.S. Senate Candidate Alexi Giannoulias is joining the Rod Blagojevich corruption trial subpoena list.” His opponent pours salt in the wound: “[Rep. Mark] Kirk’s campaign said the development is part of a ‘troubling pattern’ with Giannoulias that includes regulators shutting down his family’s Chicago bank in April after it failed to raise new capital. ‘Now we’ve learned Giannoulias’ name has come up on federal wire taps talking about the Illinois Senate seat and he has been subpoenaed in former and disgraced Governor Rod Blagojevich’s public corruption trial. This revelation raises additional questions about Alexi Giannoulias that he needs to answer,’ Kirk spokeswoman Kirsten Kukowski said in a statement.”

Effective. Timothy Dalrymple dismantles the mischaracterizations by liberal Christians of the Tea Party movement, and includes this on taxation: “To resent a tax hike (or the prospect of one) is not to neglect the needy, and to wish to retain control over the funds one has secured in order to care for one’s family is not necessarily selfish. Conservatives generally are more generous with their giving than liberals, yet they resent it when a distant bureaucracy extracts their money in order to distribute public funds to the special interest groups on whose votes and donations they rely. Conservatives would prefer that care for the needy remain as local and personal as possible.”

Curious. Who are the 32% who view Eric Holder and Janet Napolitano favorably? “Forty-two percent (42%) regard the attorney general unfavorably, with 26% who have a Very Unfavorable opinion. One-in-four voters (26%) still don’t know enough about Holder to venture any kind of opinion of him. This marks a very slight worsening of the numbers for Holder from last August just after his announcement that the Justice Department was investigating how the Bush administration treated imprisoned terrorists.”

Explosive. A Justice Department trial team lawyer goes public: “Based on my firsthand experiences, I believe the dismissal of the Black Panther case was motivated by a lawless hostility toward equal enforcement of the law. Others still within the department share my assessment. The department abetted wrongdoers and abandoned law-abiding citizens victimized by the New Black Panthers. The dismissal raises serious questions about the department’s enforcement neutrality in upcoming midterm elections and the subsequent 2012 presidential election.”

Grouchy. The left is dismayed again: “On the eve of Elena Kagan’s Supreme Court confirmation hearings her record on race in the Clinton White House and at Harvard Law School is producing discomfort among some leading civil rights organizations, leaving them struggling to decide whether they want her to join the Supreme Court.”

Frightful. From an MIT professor: “The president should nominate Paul Krugman to replace Peter Orszag as director of the Office of Management and Budget (OMB).” Because the deficit plainly isn’t big enough, and we’ve been too miserly in our spending.

Unfair? Maybe. Ezra Klein, who recommended Dave Weigel as a “conservative voice,” seems to have gotten away scot-free, while Weigel had to resign and his bosses had to scrape egg off their faces.

Candid. Israeli Vice Prime Minister Moshe Yaalon’s interview should be read in full. A sample: “Yaalon said bluntly that he believes Iran’s regime is ‘not sure that there is a will’ on the part of the United States right now to exercise the military option against Iran’s nuclear facilities. … When asked if he felt the Obama administration was open to military action against Iran, Yaalon said that, according to the traditions of Israel’s forefathers, righteous people hope that the job might be done by others. On the other hand, he said, there is another old saying that goes like this: ‘If I’m not for myself, then who is for me?’ He added, ‘So we should be ready.’”

Intriguing. And the timing couldn’t be worse for him: “First it was President Barack Obama, then White House Chief of Staff, Rahm Emanuel, now U.S. Senate Candidate Alexi Giannoulias is joining the Rod Blagojevich corruption trial subpoena list.” His opponent pours salt in the wound: “[Rep. Mark] Kirk’s campaign said the development is part of a ‘troubling pattern’ with Giannoulias that includes regulators shutting down his family’s Chicago bank in April after it failed to raise new capital. ‘Now we’ve learned Giannoulias’ name has come up on federal wire taps talking about the Illinois Senate seat and he has been subpoenaed in former and disgraced Governor Rod Blagojevich’s public corruption trial. This revelation raises additional questions about Alexi Giannoulias that he needs to answer,’ Kirk spokeswoman Kirsten Kukowski said in a statement.”

Effective. Timothy Dalrymple dismantles the mischaracterizations by liberal Christians of the Tea Party movement, and includes this on taxation: “To resent a tax hike (or the prospect of one) is not to neglect the needy, and to wish to retain control over the funds one has secured in order to care for one’s family is not necessarily selfish. Conservatives generally are more generous with their giving than liberals, yet they resent it when a distant bureaucracy extracts their money in order to distribute public funds to the special interest groups on whose votes and donations they rely. Conservatives would prefer that care for the needy remain as local and personal as possible.”

Curious. Who are the 32% who view Eric Holder and Janet Napolitano favorably? “Forty-two percent (42%) regard the attorney general unfavorably, with 26% who have a Very Unfavorable opinion. One-in-four voters (26%) still don’t know enough about Holder to venture any kind of opinion of him. This marks a very slight worsening of the numbers for Holder from last August just after his announcement that the Justice Department was investigating how the Bush administration treated imprisoned terrorists.”

Explosive. A Justice Department trial team lawyer goes public: “Based on my firsthand experiences, I believe the dismissal of the Black Panther case was motivated by a lawless hostility toward equal enforcement of the law. Others still within the department share my assessment. The department abetted wrongdoers and abandoned law-abiding citizens victimized by the New Black Panthers. The dismissal raises serious questions about the department’s enforcement neutrality in upcoming midterm elections and the subsequent 2012 presidential election.”

Grouchy. The left is dismayed again: “On the eve of Elena Kagan’s Supreme Court confirmation hearings her record on race in the Clinton White House and at Harvard Law School is producing discomfort among some leading civil rights organizations, leaving them struggling to decide whether they want her to join the Supreme Court.”

Frightful. From an MIT professor: “The president should nominate Paul Krugman to replace Peter Orszag as director of the Office of Management and Budget (OMB).” Because the deficit plainly isn’t big enough, and we’ve been too miserly in our spending.

Unfair? Maybe. Ezra Klein, who recommended Dave Weigel as a “conservative voice,” seems to have gotten away scot-free, while Weigel had to resign and his bosses had to scrape egg off their faces.

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Al-Qaeda Lawyer to Fill Top Justice Department Post

The Senate blocked the nomination of Dawn Johnsen, who holds extreme views on everything from abortion to detainee policy, to head the Justice Department’s Office of Legal Counsel. OLC is a key office that renders opinions on key constitutional issues for Justice and the entire government. Now word comes that an attorney who formerly represented al-Qaeda terrorists will fill the spot. The New York Times reports:

David J. Barron, the acting head of the Justice Department’s powerful Office of Legal Counsel, will step down next month and be replaced by one of his current deputies, Jonathan G. Cedarbaum, the department said Thursday. …

Much of the work of the Office of Legal Counsel is confidential, but over the past 18 months Mr. Barron has handled a variety of issues including wartime questions like how much involvement with Al Qaeda is necessary to make a terrorism suspect subject to detention without trial and domestic matters like whether stalking and domestic violence laws apply to same-sex couples. . .Mr. Barron’s replacement, Mr. Cedarbaum, came to public attention earlier this year after Fox News named him as one of several Justice Department lawyers who had previously advocated for detainees.

As I’ve previously reported, there are serious concerns regarding conflicts of interest for those who previously represented detainees when they “switch sides”:

The limited information the Justice Department has so far released raises real concerns as to whether former advocates for detainees were properly recused from matters involving Guantánamo detainees and policy decisions that would inevitably involve their former clients. Did they violate obligations to former clients by construing their recusal obligations too narrowly? Did they damage their current client, the United States, by shading their advice for the sake of consistency with their prior representation?

Professor Richard Painter, an ethics expert from the University of Minnesota, wrote to Holder in April raising such issues. He noted, “There are legitimate concerns about client conflicts for lawyers who previously represented detainees and now work for the Department.” The “simplest” approach he advised would be to have them recused from all detainee matters. … Painter explained that there are multiple risks for these attorneys. “One danger is that you give an issue to the detainee who is convicted. Another is that you actually disclose information [you obtained] from a former client. A third is that the lawyer in an effort to avoid one and two bends over backwards by underrepresenting” the United States. Clients (even the government) have a right to be fully represented.

If he is appointed to fill the spot on a permanent basis, the Senate should not confirm Cedarbaum until he reveals which cases he has and will recuse himself from. That he would even be nominated for this position tells us volumes about the Obama-Holder mindset. Their preference for appointing to sensitive positions those attorneys whose sympathies and efforts were devoted to terrorists should concern us all.

The Senate blocked the nomination of Dawn Johnsen, who holds extreme views on everything from abortion to detainee policy, to head the Justice Department’s Office of Legal Counsel. OLC is a key office that renders opinions on key constitutional issues for Justice and the entire government. Now word comes that an attorney who formerly represented al-Qaeda terrorists will fill the spot. The New York Times reports:

David J. Barron, the acting head of the Justice Department’s powerful Office of Legal Counsel, will step down next month and be replaced by one of his current deputies, Jonathan G. Cedarbaum, the department said Thursday. …

Much of the work of the Office of Legal Counsel is confidential, but over the past 18 months Mr. Barron has handled a variety of issues including wartime questions like how much involvement with Al Qaeda is necessary to make a terrorism suspect subject to detention without trial and domestic matters like whether stalking and domestic violence laws apply to same-sex couples. . .Mr. Barron’s replacement, Mr. Cedarbaum, came to public attention earlier this year after Fox News named him as one of several Justice Department lawyers who had previously advocated for detainees.

As I’ve previously reported, there are serious concerns regarding conflicts of interest for those who previously represented detainees when they “switch sides”:

The limited information the Justice Department has so far released raises real concerns as to whether former advocates for detainees were properly recused from matters involving Guantánamo detainees and policy decisions that would inevitably involve their former clients. Did they violate obligations to former clients by construing their recusal obligations too narrowly? Did they damage their current client, the United States, by shading their advice for the sake of consistency with their prior representation?

Professor Richard Painter, an ethics expert from the University of Minnesota, wrote to Holder in April raising such issues. He noted, “There are legitimate concerns about client conflicts for lawyers who previously represented detainees and now work for the Department.” The “simplest” approach he advised would be to have them recused from all detainee matters. … Painter explained that there are multiple risks for these attorneys. “One danger is that you give an issue to the detainee who is convicted. Another is that you actually disclose information [you obtained] from a former client. A third is that the lawyer in an effort to avoid one and two bends over backwards by underrepresenting” the United States. Clients (even the government) have a right to be fully represented.

If he is appointed to fill the spot on a permanent basis, the Senate should not confirm Cedarbaum until he reveals which cases he has and will recuse himself from. That he would even be nominated for this position tells us volumes about the Obama-Holder mindset. Their preference for appointing to sensitive positions those attorneys whose sympathies and efforts were devoted to terrorists should concern us all.

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Flotsam and Jetsam

But they are supposed to go into harm’s way for their country: the Navy takes away the lard and water hoses from a 60-year tradition in which plebes climb a greased 21-foot monument. Why? They might get hurt. A former Naval Academy graduate chimes in: “We’re going to send these guys to war but they can’t climb a monument because they might get hurt? Come on.” Next thing you know, they’ll be allowing proper names in Scrabble.

But don’t we have a First Amendment or something? “Former Alaska Gov. Sarah Palin accused the president of being in the pocket of Big Oil, a charge usually leveled by Democrats at the GOP. ‘You’ve got to have a license to drive a car in this country, but, regrettably, you can get on a TV show and say virtually anything,’ White House press secretary Robert Gibbs said.” Gosh, if we only licensed talking heads.

But he’s a “genius”! “Millions of Americans are out of work, the budget deficit is in the trillions and Europe is flirting with economic collapse. Fear not, says Larry Summers, the chief economic adviser to President Obama. It is merely a ‘fluctuation.’” His long-winded gobbledygook about moving from the G-7 to the G-20 “was vintage Summers: smart, esoteric — and utterly unhelpful.”

But isn’t it like allowing Keith Olbermann to review a George W. Bush biography? The Washington Post has David Frum (who’s carved out a niche in Limbaugh-bashing for the mainstream media) review the latest biography of Rush Limbaugh. Surprise, surprise, he concludes: “It might seem ominous for an intellectual movement to be led by a man who does not think creatively, who does not respect the other side of the argument and who frequently says things that are not intended as truth.”

But you didn’t really buy all that “transparency” jazz did you? “The Justice Department has rejected a Republican request to appoint a special counsel to investigate allegations that the White House offered a job to Rep. Joe Sestak if he would drop out of the Pennsylvania Senate Democratic primary. … In the letter to [Rep. Darrell] Issa, Assistant Attorney General Ronald Weich wrote that the DOJ could handle the allegations without creating a special counsel. But Weich gave no indication that the department was looking into the Sestak matter.”

But if David Axelrod is right about there being “no evidence” of a deal, then Sestak is lying. Mark Hemingway: “There’s no good outcome here for the White House. Either the White House did something illegal here or their party’s Senate candidate in Pennsylvania is a delusional fabulist. But regardless, their prolonged foot-dragging here only appears to be making things worse.”

But the White House said, “Trust us”: “The number two Democrat in the Senate, who has close ties to the White House, is urging Rep. Joe Sestak to come clean. Senate Majority Whip Dick Durbin told CNN Tuesday that the Pennsylvania Democrat should fully explain whether Obama administration officials pressed him to drop his Democratic primary challenge to Sen. Arlen Specter in exchange for a job.”

But Democrats insisted we needed a humungous new uber-department! James Carafano on the BP response: “Explain to me why nine years after 9/11 we struggle with disasters. Well, the answer is easy. Homeland Security wastes its time on routine disaster; the secretary worries more about how to grant amnesty to illegals than battling terrorists and preparing for catastrophes. Congress dumps money in wasteful programs and uses 108 committees, sub-committees, and commissions to provide chaotic and incoherent oversight to the department.”

But (as a sharp colleague suggested) couldn’t we work out a deal where Richard Blumenthal and Rand Paul both exit their races? Jonah Goldberg sums up why conservatives should carry no water for Paul: “[I]t’s certainly repugnant and bizarre for libertarians like Paul to lament the lost rights of bigots rather than to rejoice at the restored rights of integrationists.” (By the way, would Paul commend Obama for doing nothing at all about the BP spill?)

But they are supposed to go into harm’s way for their country: the Navy takes away the lard and water hoses from a 60-year tradition in which plebes climb a greased 21-foot monument. Why? They might get hurt. A former Naval Academy graduate chimes in: “We’re going to send these guys to war but they can’t climb a monument because they might get hurt? Come on.” Next thing you know, they’ll be allowing proper names in Scrabble.

But don’t we have a First Amendment or something? “Former Alaska Gov. Sarah Palin accused the president of being in the pocket of Big Oil, a charge usually leveled by Democrats at the GOP. ‘You’ve got to have a license to drive a car in this country, but, regrettably, you can get on a TV show and say virtually anything,’ White House press secretary Robert Gibbs said.” Gosh, if we only licensed talking heads.

But he’s a “genius”! “Millions of Americans are out of work, the budget deficit is in the trillions and Europe is flirting with economic collapse. Fear not, says Larry Summers, the chief economic adviser to President Obama. It is merely a ‘fluctuation.’” His long-winded gobbledygook about moving from the G-7 to the G-20 “was vintage Summers: smart, esoteric — and utterly unhelpful.”

But isn’t it like allowing Keith Olbermann to review a George W. Bush biography? The Washington Post has David Frum (who’s carved out a niche in Limbaugh-bashing for the mainstream media) review the latest biography of Rush Limbaugh. Surprise, surprise, he concludes: “It might seem ominous for an intellectual movement to be led by a man who does not think creatively, who does not respect the other side of the argument and who frequently says things that are not intended as truth.”

But you didn’t really buy all that “transparency” jazz did you? “The Justice Department has rejected a Republican request to appoint a special counsel to investigate allegations that the White House offered a job to Rep. Joe Sestak if he would drop out of the Pennsylvania Senate Democratic primary. … In the letter to [Rep. Darrell] Issa, Assistant Attorney General Ronald Weich wrote that the DOJ could handle the allegations without creating a special counsel. But Weich gave no indication that the department was looking into the Sestak matter.”

But if David Axelrod is right about there being “no evidence” of a deal, then Sestak is lying. Mark Hemingway: “There’s no good outcome here for the White House. Either the White House did something illegal here or their party’s Senate candidate in Pennsylvania is a delusional fabulist. But regardless, their prolonged foot-dragging here only appears to be making things worse.”

But the White House said, “Trust us”: “The number two Democrat in the Senate, who has close ties to the White House, is urging Rep. Joe Sestak to come clean. Senate Majority Whip Dick Durbin told CNN Tuesday that the Pennsylvania Democrat should fully explain whether Obama administration officials pressed him to drop his Democratic primary challenge to Sen. Arlen Specter in exchange for a job.”

But Democrats insisted we needed a humungous new uber-department! James Carafano on the BP response: “Explain to me why nine years after 9/11 we struggle with disasters. Well, the answer is easy. Homeland Security wastes its time on routine disaster; the secretary worries more about how to grant amnesty to illegals than battling terrorists and preparing for catastrophes. Congress dumps money in wasteful programs and uses 108 committees, sub-committees, and commissions to provide chaotic and incoherent oversight to the department.”

But (as a sharp colleague suggested) couldn’t we work out a deal where Richard Blumenthal and Rand Paul both exit their races? Jonah Goldberg sums up why conservatives should carry no water for Paul: “[I]t’s certainly repugnant and bizarre for libertarians like Paul to lament the lost rights of bigots rather than to rejoice at the restored rights of integrationists.” (By the way, would Paul commend Obama for doing nothing at all about the BP spill?)

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DOJ Trial Attorney on Black Panther Case Resigns

Wow. We may finally learn the inside story of the New Black Panther case. This report explains:

A trial attorney with the Department of Justice’s Voting Rights Section has resigned, citing concerns about the government’s refusal to prosecute a case involving voter intimidation by the New Black Panther Party. A letter of resignation obtained by The Washington Examiner from a former Justice Department employee makes clear DOJ has refused to allow attorneys in the Voting Rights Section to testify before the congressionally-chartered bipartisan U.S. Commission on Civil Rights, despite subpoenas that could result in their being held in contempt.

In his letter of resignation, J. Christian Adams writes:

On the other hand, the events surrounding the dismissal of United States v. New Black Panther Party, et al., after the trial team sought and obtained an entry of default, has subjected me, Mr. Christopher Coates, and potentially at some point, all members of the team, to a subpoena from the United States Commission on Civil Rights. The subpoena is based on an explicit federal statute and seeks answers about why the case was dismissed.

I have incurred significant personal expense in retaining a number of separate attorneys and firms regarding this subpoena in order to protect my interests and advise me about my personal legal obligation to comply with the subpoena. Over the last few months, one of my attorneys has had multiple communications with Federal Programs regarding the subpoena. My attorney suggested to them that the Department should file a motion in district court to quash the subpoena and thereby resolve conclusively any question about my obligation to comply.

Months ago, my attorney advised the Department that a motion to quash would be welcome, and that I would assert no objection to the motion. Further, my attorney has explicitly sought to ascertain whether Executive Privilege has been invoked regarding the decisions of individuals not in the Voting Section to order the dismissal of the case. If Executive Privilege has been asserted, or will be, obviously I would not comply with the subpoena. These options would provide some conclusive legal certainly about the extent of my obligation to comply with a subpoena issued pursuant to a federal statute. Instead, we have been ordered not to comply with the subpoena, citing a federal regulation. [emphasis in original]

All this suggests that once he is free from the constraints of his superiors, Adams intends to tell his story. When he does, I expect we will hear that attorneys placed in political positions came up with fraudulent reasons for dismissing the case. I also think we’ll hear more about the role of the NAACP. Stay tuned. Fireworks coming forthwith.

Wow. We may finally learn the inside story of the New Black Panther case. This report explains:

A trial attorney with the Department of Justice’s Voting Rights Section has resigned, citing concerns about the government’s refusal to prosecute a case involving voter intimidation by the New Black Panther Party. A letter of resignation obtained by The Washington Examiner from a former Justice Department employee makes clear DOJ has refused to allow attorneys in the Voting Rights Section to testify before the congressionally-chartered bipartisan U.S. Commission on Civil Rights, despite subpoenas that could result in their being held in contempt.

In his letter of resignation, J. Christian Adams writes:

On the other hand, the events surrounding the dismissal of United States v. New Black Panther Party, et al., after the trial team sought and obtained an entry of default, has subjected me, Mr. Christopher Coates, and potentially at some point, all members of the team, to a subpoena from the United States Commission on Civil Rights. The subpoena is based on an explicit federal statute and seeks answers about why the case was dismissed.

I have incurred significant personal expense in retaining a number of separate attorneys and firms regarding this subpoena in order to protect my interests and advise me about my personal legal obligation to comply with the subpoena. Over the last few months, one of my attorneys has had multiple communications with Federal Programs regarding the subpoena. My attorney suggested to them that the Department should file a motion in district court to quash the subpoena and thereby resolve conclusively any question about my obligation to comply.

Months ago, my attorney advised the Department that a motion to quash would be welcome, and that I would assert no objection to the motion. Further, my attorney has explicitly sought to ascertain whether Executive Privilege has been invoked regarding the decisions of individuals not in the Voting Section to order the dismissal of the case. If Executive Privilege has been asserted, or will be, obviously I would not comply with the subpoena. These options would provide some conclusive legal certainly about the extent of my obligation to comply with a subpoena issued pursuant to a federal statute. Instead, we have been ordered not to comply with the subpoena, citing a federal regulation. [emphasis in original]

All this suggests that once he is free from the constraints of his superiors, Adams intends to tell his story. When he does, I expect we will hear that attorneys placed in political positions came up with fraudulent reasons for dismissing the case. I also think we’ll hear more about the role of the NAACP. Stay tuned. Fireworks coming forthwith.

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RE: No Executive Privilege Invoked

The Obama Justice Department has dropped all pretense of acting in a lawful, transparent mode with regard to the New Black Panther case. In a letter responding to the U.S. Commission on Civil Rights, the department in essence asserts: we don’t have to give you anything we don’t want to. And for this proposition, they cite not a single statute, regulation, Office of Legal Counsel opinion, or court decision. That is because there is none that would support the continued stonewalling.

Joseph H. Hunt of the Federal Programs Branch asserts that the “Department has designated Assistant Attorney for Civil Rights General Thomas E. Perez as the only Department witness to testify on its behalf before the Commission.” On what basis are they withholding percipient witnesses — including the trial team attorneys? Hunt doesn’t say. They just don’t want to. And Perez joined the department after the New Black Panther case was dismissed, so he really knows very little about the circumstances at issue. Yes, that is why he is the designee.

Hunt also makes clear that Perez is going to refuse to answer questions “concerning internal deliberation or other confidential matters.” Citation? None. Rationale? None. They don’t want to, I suppose.

Hunt writes in conclusion (with my comments in brackets):

Finally, we do not believe that the Commission’s subpoenas and requests override the well-established confidentiality interests in these types of materials that are integral to the Department’s discharge of its law-enforcement responsibilities. Thus, as we do in responding to congressional committees conducting oversight, we have sought to provide information to accommodate the Commission’s needs to the fullest extent consistent with our need to protect the confidentiality of the work product of our attorneys. [This is nonsense, by the way, since there is no attorney-client privilege between the executive branch and Congress; the American people are the "clients."] The President has not asserted executive privilege, nor do we believe the President is required to assert executive privilege [because? citation?] for the Department to take appropriate steps to protect the law-enforcement deliberative confidentiality interests [now he's just making stuff up] in this context. For the same reasons, we do not believe it is appropriate to appoint a special counsel. [The reason is circular -- because the department thinks it doesn't have to, it won't appoint a special counsel to enforce the commission's subpoenas. Yeah, no conflict of interest there, right?]

This is abject lawlessness, Nixonian in contempt for legal process. The Obama-Holder Justice Department is convinced that the executive branch can declare itself immune from scrutiny. The commission might choose to challenge the Justice Department in court, or wait for Congress to flip control and let a Republican majority subpoena the records and testimony. In the meantime, the Obama administration remains the least-transparent administration in history.

The Obama Justice Department has dropped all pretense of acting in a lawful, transparent mode with regard to the New Black Panther case. In a letter responding to the U.S. Commission on Civil Rights, the department in essence asserts: we don’t have to give you anything we don’t want to. And for this proposition, they cite not a single statute, regulation, Office of Legal Counsel opinion, or court decision. That is because there is none that would support the continued stonewalling.

Joseph H. Hunt of the Federal Programs Branch asserts that the “Department has designated Assistant Attorney for Civil Rights General Thomas E. Perez as the only Department witness to testify on its behalf before the Commission.” On what basis are they withholding percipient witnesses — including the trial team attorneys? Hunt doesn’t say. They just don’t want to. And Perez joined the department after the New Black Panther case was dismissed, so he really knows very little about the circumstances at issue. Yes, that is why he is the designee.

Hunt also makes clear that Perez is going to refuse to answer questions “concerning internal deliberation or other confidential matters.” Citation? None. Rationale? None. They don’t want to, I suppose.

Hunt writes in conclusion (with my comments in brackets):

Finally, we do not believe that the Commission’s subpoenas and requests override the well-established confidentiality interests in these types of materials that are integral to the Department’s discharge of its law-enforcement responsibilities. Thus, as we do in responding to congressional committees conducting oversight, we have sought to provide information to accommodate the Commission’s needs to the fullest extent consistent with our need to protect the confidentiality of the work product of our attorneys. [This is nonsense, by the way, since there is no attorney-client privilege between the executive branch and Congress; the American people are the "clients."] The President has not asserted executive privilege, nor do we believe the President is required to assert executive privilege [because? citation?] for the Department to take appropriate steps to protect the law-enforcement deliberative confidentiality interests [now he's just making stuff up] in this context. For the same reasons, we do not believe it is appropriate to appoint a special counsel. [The reason is circular -- because the department thinks it doesn't have to, it won't appoint a special counsel to enforce the commission's subpoenas. Yeah, no conflict of interest there, right?]

This is abject lawlessness, Nixonian in contempt for legal process. The Obama-Holder Justice Department is convinced that the executive branch can declare itself immune from scrutiny. The commission might choose to challenge the Justice Department in court, or wait for Congress to flip control and let a Republican majority subpoena the records and testimony. In the meantime, the Obama administration remains the least-transparent administration in history.

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