Commentary Magazine


Topic: New Black Panther Party

Hypocrisy Run Rampant

The deepwater-drilling ban caused great economic hardship to the Gulf states, which were already reeling from the BP oil spill. Now we know that the decision was based on falsified science:

The White House dropped its deep water drilling ban last month, ending months of government-imposed pain on a Gulf region hit by the BP oil spill. But only last week did the Department of Interior’s acting inspector general, Mary Kendall, issue her findings on the moratorium’s controversial beginnings. Lackluster though her investigation was, the report confirms that the moratorium never had any basis in science or safety. It was pure politics.

Between ClimateGate, the creative editing by none other than now-Justice Elena Kagan on the medical justification for partial-birth abortions, and DrillGate, the left’s respect for science leaves a lot to be desired. As with the moral preening and intellectual condescension that has characterized this administration, its rhetoric on science (“the days of science taking a backseat to ideology are over”) turns out to be rather empty.

Its not just science that’s taken a licking in the Obama administration. There is also “diplomacy” — which has proved to be decidedly un-smart in the Middle East. The Obami decried the lackluster performance of their predecessors, yet their own performance is, by the estimation of virtually all the region’s players and domestic observers on both sides of the aisle, as bad as any we have seen since the founding of the state of Israel.

Oh, and in the “restoring our values” and “moral high ground” department, how’s Eric Holder doing at the Justice Department? Turns out that the administration has not only failed to close Guantanamo (where terrorists’ lawyers would prefer to detain their clients than see them returned to Arab nations with decidedly nasty detention facilities) and bollixed up a trial of a mass-murdering terrorist, but in fact has duplicated Guantanamo in Bagram, where no habeas corpus rules apply. This is an improvement?

Then there’s the braggadocio about “transparency.” Well, we’ve had precious little of that — whether on terrorist recidivism, the New Black Panther Party scandal, or the Fort Hood terrorist attack.

So if you are keeping track, the Obama administration has politicized science, made hash out of Middle East diplomacy, allowed left-wing ideologues to run amok in the Justice Department, sullied our justice system with no appreciable benefit in the war against Islamic terrorists, and conducted itself with Nixonian-like secrecy. The liberal intelligentsia with very few exceptions has been mute about all this. Hypocrisy, they say, is the tribute vice pays to virtue. In that regard, no one can accuse the Obama team or its supporters of frugality.

The deepwater-drilling ban caused great economic hardship to the Gulf states, which were already reeling from the BP oil spill. Now we know that the decision was based on falsified science:

The White House dropped its deep water drilling ban last month, ending months of government-imposed pain on a Gulf region hit by the BP oil spill. But only last week did the Department of Interior’s acting inspector general, Mary Kendall, issue her findings on the moratorium’s controversial beginnings. Lackluster though her investigation was, the report confirms that the moratorium never had any basis in science or safety. It was pure politics.

Between ClimateGate, the creative editing by none other than now-Justice Elena Kagan on the medical justification for partial-birth abortions, and DrillGate, the left’s respect for science leaves a lot to be desired. As with the moral preening and intellectual condescension that has characterized this administration, its rhetoric on science (“the days of science taking a backseat to ideology are over”) turns out to be rather empty.

Its not just science that’s taken a licking in the Obama administration. There is also “diplomacy” — which has proved to be decidedly un-smart in the Middle East. The Obami decried the lackluster performance of their predecessors, yet their own performance is, by the estimation of virtually all the region’s players and domestic observers on both sides of the aisle, as bad as any we have seen since the founding of the state of Israel.

Oh, and in the “restoring our values” and “moral high ground” department, how’s Eric Holder doing at the Justice Department? Turns out that the administration has not only failed to close Guantanamo (where terrorists’ lawyers would prefer to detain their clients than see them returned to Arab nations with decidedly nasty detention facilities) and bollixed up a trial of a mass-murdering terrorist, but in fact has duplicated Guantanamo in Bagram, where no habeas corpus rules apply. This is an improvement?

Then there’s the braggadocio about “transparency.” Well, we’ve had precious little of that — whether on terrorist recidivism, the New Black Panther Party scandal, or the Fort Hood terrorist attack.

So if you are keeping track, the Obama administration has politicized science, made hash out of Middle East diplomacy, allowed left-wing ideologues to run amok in the Justice Department, sullied our justice system with no appreciable benefit in the war against Islamic terrorists, and conducted itself with Nixonian-like secrecy. The liberal intelligentsia with very few exceptions has been mute about all this. Hypocrisy, they say, is the tribute vice pays to virtue. In that regard, no one can accuse the Obama team or its supporters of frugality.

Read Less

Watching DOJ

Judicial Watch continues to document the New Black Panther Party scandal, which was first reported by conservative media and now has attracted mainstream coverage. (But not the Gray Lady, which may have a tough time explaining to her readers next year why House Judiciary Chairman Lamar Smith is issuing all those subpoenas. Imagine tuning into Mad Men for the first time after a couple of seasons; you see the dilemma — at some point, there’s no use trying to catch up.)

In the latest batch of disclosures, Judicial Watch tells us:

[I]t has obtained documents from the Obama Department of Justice (DOJ) that provide new evidence that top political appointees at the DOJ were intimately involved in the decision to dismiss the voter intimidation case against the New Black Panther Party for Self Defense (NBPP). These new documents, which include internal DOJ email correspondence, directly contradict sworn testimony by Thomas Perez, Assistant Attorney General for the Civil Rights Division, who testified before the U.S. Commission on Civil Rights that no political leadership was involved in the decision. The new documents were obtained last week by Judicial Watch pursuant to a Freedom of Information Act lawsuit (Judicial Watch v. Department of Justice (No.10-851)).

You mean Perez gave false testimony to the U.S. Commission on Civil Rights? Oh yes: Read More

Judicial Watch continues to document the New Black Panther Party scandal, which was first reported by conservative media and now has attracted mainstream coverage. (But not the Gray Lady, which may have a tough time explaining to her readers next year why House Judiciary Chairman Lamar Smith is issuing all those subpoenas. Imagine tuning into Mad Men for the first time after a couple of seasons; you see the dilemma — at some point, there’s no use trying to catch up.)

In the latest batch of disclosures, Judicial Watch tells us:

[I]t has obtained documents from the Obama Department of Justice (DOJ) that provide new evidence that top political appointees at the DOJ were intimately involved in the decision to dismiss the voter intimidation case against the New Black Panther Party for Self Defense (NBPP). These new documents, which include internal DOJ email correspondence, directly contradict sworn testimony by Thomas Perez, Assistant Attorney General for the Civil Rights Division, who testified before the U.S. Commission on Civil Rights that no political leadership was involved in the decision. The new documents were obtained last week by Judicial Watch pursuant to a Freedom of Information Act lawsuit (Judicial Watch v. Department of Justice (No.10-851)).

You mean Perez gave false testimony to the U.S. Commission on Civil Rights? Oh yes:

The new documents include a series of emails between two political appointees: former Democratic election lawyer and current Deputy Associate Attorney General Sam Hirsch and Associate Attorney General Thomas Perrelli. Both DOJ officials were involved in detailed discussions regarding the NBPP decision. …

Assistant Attorney General for the Civil Rights Division Thomas Perez testified before the U.S. Commission on Civil Rights that no political appointees were involved in the NBPP decision. Perez suggested that the dispute was merely “a case of career people disagreeing with career people.”

In fact, political appointee Sam Hirsch sent an April 30, 2009, email to Steven Rosenbaum (then-Acting Assistant Deputy Attorney General in the Civil Rights) thanking Rosenbaum for “doing everything you’re doing to make sure that this case is properly resolved.” The next day, the DOJ began to reverse course on its NBPP voter intimidation lawsuit.

We’re going to see where the e-mail trail leads. There will be several storylines. First, how far will the scandal go? The administration may try to “amputate” at the assistant attorney general level (Perez), but evidence already revealed suggests that the associate attorney general level (the #3 position) can’t escape. But of course, the key question will be whether Eric Holder himself will be shoved off the stage. (We are going to get that frank discussion on race he’s been pining for regardless.)

Second, we’ll see how much interference Democrats are willing to run for the White House. The administration’s toady commissioner Michael Yaki tried his best to derail the commission’s investigation but wound up only embarrassing himself as the evidence gushed forth. Will House Democrats be in the mood to follow that path — or is this a fine opportunity to display their “independence” from the White House?

And finally, we’ll find out how much the administration has learned and how beholden it is to liberal activists. The Obama team has two options: (1) admit fault, repudiate a race-specific view of civil rights enforcement (e.g., only whites can be defendants), come clean, and let heads roll; or (2) fight tooth and nail, keep stonewalling, and reassure the NAACP and other liberal civil rights groups that they will stick with the left-leaning party line (i.e., civil rights laws are there to protect only “traditional” victims).

This issue is not remotely the biggest headache the administration will have to face in the next two years, but it sure will be revealing. And quite entertaining, I suspect.

Read Less

Flotsam and Jetsam

So much for the notion that it wasn’t a referendum on Obama. “I’m not recommending for every future President that they take a shellacking like they — like I did last night.” Notice the “I.”

So much for the Bill Clinton–like adjustment. “Obama admits he got a ’shellacking,’ but shows no sign of budging on core agenda.”

So much for the wishful thinking of the left blogosphere: “Republicans have picked up a net gain of 53 seats and were leading for another 13 Democratic-held seats. If current trend holds, Republicans could record their largest gains in the House in more than 70 years.”

So much for historical accuracy: “The newly divided government could be a recipe for gridlock or, as some veteran Capitol Hill operatives suggest, an opportunity for President Barack Obama and Congress to improve their weak standing with the American public by working together — a la Bill Clinton and Speaker Newt Gingrich.” Um, I don’t think Gingrich improved his standing.

So much for lessons learned. The left blogosphere is still spinning: “I think the root of the Democrats’ political troubles lies in the initial flurry of activity — the stimulus, restructuring TARP, and the auto bailout. In the public mind, this all become jumbled together as ‘the bailouts’ — a conflation carefully nurtured by Republicans — even though obviously Keynesian fiscal policy is not the same thing as a bailout. But the truth is that all those policies were highly unpopular, and all came to symbolize big government rescuing bad actors while average people paid the bill. It became a frame that colored perceptions of the entire Democratic agenda.” It didn’t “symbolize” big government — together with ObamaCare, it was big government.

So much for Rahm Emanuel’s handiwork. “The Democrats who handed Speaker Nancy Pelosi her majority were largely wiped out of Congress on Tuesday. Fourteen members of the freshman class of 2006, dubbed by Pelosi (D-Calif.) as her ‘majority makers,’ and 21 freshman elected in 2008 lost their seats with a handful of races still undecided. Republicans were able to win several more open seats that Democrats had won in those cycles.” No wonder Rahm developed a yen to be mayor.

So much for getting our money back. “GM said it intends to sell almost a quarter of its 1.5 billion shares of common stock, at a price between $26 to $29 a share. It also intends to sell 60 million shares of preferred stock with a liquidation value of $50 a share. That price range would suggest that the Treasury Department’s 60.8% stake in the company would be worth between $23.7 billion to $26.5 billion once the stock starts trading. That value would be well below the $40 billion in taxpayer money GM received from the government and has yet to repay.”

So much for stonewalling. Rep. Lamar Smith, who together with Rep. Frank Wolf labored to get to the bottom of the New Black Panther Party scandal, will be the House Judiciary chairman. Eric Holder therefore may be the first subpoenaed member of the administration. I sense a stampede of officials at DOJ running to spend more time with their families.

So much for the notion that it wasn’t a referendum on Obama. “I’m not recommending for every future President that they take a shellacking like they — like I did last night.” Notice the “I.”

So much for the Bill Clinton–like adjustment. “Obama admits he got a ’shellacking,’ but shows no sign of budging on core agenda.”

So much for the wishful thinking of the left blogosphere: “Republicans have picked up a net gain of 53 seats and were leading for another 13 Democratic-held seats. If current trend holds, Republicans could record their largest gains in the House in more than 70 years.”

So much for historical accuracy: “The newly divided government could be a recipe for gridlock or, as some veteran Capitol Hill operatives suggest, an opportunity for President Barack Obama and Congress to improve their weak standing with the American public by working together — a la Bill Clinton and Speaker Newt Gingrich.” Um, I don’t think Gingrich improved his standing.

So much for lessons learned. The left blogosphere is still spinning: “I think the root of the Democrats’ political troubles lies in the initial flurry of activity — the stimulus, restructuring TARP, and the auto bailout. In the public mind, this all become jumbled together as ‘the bailouts’ — a conflation carefully nurtured by Republicans — even though obviously Keynesian fiscal policy is not the same thing as a bailout. But the truth is that all those policies were highly unpopular, and all came to symbolize big government rescuing bad actors while average people paid the bill. It became a frame that colored perceptions of the entire Democratic agenda.” It didn’t “symbolize” big government — together with ObamaCare, it was big government.

So much for Rahm Emanuel’s handiwork. “The Democrats who handed Speaker Nancy Pelosi her majority were largely wiped out of Congress on Tuesday. Fourteen members of the freshman class of 2006, dubbed by Pelosi (D-Calif.) as her ‘majority makers,’ and 21 freshman elected in 2008 lost their seats with a handful of races still undecided. Republicans were able to win several more open seats that Democrats had won in those cycles.” No wonder Rahm developed a yen to be mayor.

So much for getting our money back. “GM said it intends to sell almost a quarter of its 1.5 billion shares of common stock, at a price between $26 to $29 a share. It also intends to sell 60 million shares of preferred stock with a liquidation value of $50 a share. That price range would suggest that the Treasury Department’s 60.8% stake in the company would be worth between $23.7 billion to $26.5 billion once the stock starts trading. That value would be well below the $40 billion in taxpayer money GM received from the government and has yet to repay.”

So much for stonewalling. Rep. Lamar Smith, who together with Rep. Frank Wolf labored to get to the bottom of the New Black Panther Party scandal, will be the House Judiciary chairman. Eric Holder therefore may be the first subpoenaed member of the administration. I sense a stampede of officials at DOJ running to spend more time with their families.

Read Less

Flotsam and Jetsam

So naturally, she had to go. “[Michelle] Rhee added a new urgency and righteous anger to the school reform movement, one that she will now take to a national platform. She asked how the District could compile an abysmal academic record and yet rate most of their teachers as meeting or exceeding expectations. She decreed that poverty was no longer a reason for expecting less of a child in Anacostia than one in Tenleytown.”

So now the New York Times sounds like National Review: “Rather than entertaining the possibility that the program they have pursued is genuinely and even legitimately unpopular, the White House and its allies have concluded that their political troubles amount to mainly a message and image problem.” The Gray Lady has also discovered Obama has an “elitism” problem. Who knew?

So smart are these Obama diplomats, we were told. Alas: “The White House spent an hour Friday afternoon trying to convince angry Hill staffers and human rights activists that ‘naming and shaming’ governments that recruit child soldiers, rather than imposing Congressionally-mandated sanctions on them, will better address the problem. But advocacy leaders are upset with the administration and rejected top White House officials’ contention that removing sanctions against four troubled states will be a positive move. … Overall, the call showed that the White House realized it botched the rollout of the decision but is standing by the decision itself. Next, they will have to defend it on Capitol Hill, where staffers are set to receive a special briefing on the issue next week.”

So let me see if I got this straight? President Obama goes to Florida in August to campaign for Rep. Kendrick Meek. Then recently, former President Clinton goes in to ‘campaign’ for Meek by trying to get him to drop out of the race. And voters this year are being accused of being ‘radical’ and ‘too angry’ because they are rejecting politics as usual?” That, from Susan Molinari.

So the administration’s flunky on the U.S. Commission on Civil Rights walks out to deny a quorum, preventing a vote on the interim report concerning the New Black Panther Party scandal. (But the vice chairman is no better — she didn’t show up.) Remember, your tax dollars are paying these people to play hide and seek.

So what is not to like about this man? Nothing yet.

So Obama is no George W. Bush. “Mr. Mubarak’s tightening sharply contrasts with his behavior during Egypt’s last major election season, in 2005. Then he loosened controls on the media, introduced a constitutional amendment allowing the first contested election for president, and released his principal secular challenger from jail. He did all this under heavy pressure from then-President George W. Bush, who had publicly called on Egypt to ‘lead the way’ in Arab political reform. … Mr. Mubarak’s actions reflect a common calculation across the Middle East: that this U.S. president, unlike his predecessor, is not particularly interested in democratic change.”

So what grade does he get? Obama said we should evaluate him on the economy: “An economy growing at a sluggish 2 percent, almost all economists agree, cannot produce nearly the demand needed to lower the nation’s painfully high 9.6 percent unemployment rate. And inventories continued to grow and the trade gap remained wide, as imports outpaced exports. The numbers are not likely to provide much of a morale boost for President Obama and Democrats, who are days away from crucial midterm elections. High unemployment and soaring foreclosure numbers in the Midwest and West already made this a particularly difficult election for Democrats. Friday’s numbers offer little relief.”

So what is missing from David Brooks’s excellent advice? “First, the president is going to have to win back independents. … Second, Obama needs to redefine his identity. … Third, Obama will need to respond to the nation’s fear of decline. … Fourth, Obama has to build an institutional structure to support a more moderate approach.” Well, a president who is moderate, flexible, and self-reflective.

So how did Obama get his reputation as an “intellectual”? James Taranto and I agree: “Professors imagine Obama is one of them because he shares their attitudes: their politically correct opinions, their condescending view of ordinary Americans, their belief in their own authority as an intellectual elite. He is the ideal product of the homogeneous world of contemporary academia. In his importance, they see a reflection of their self-importance.”

So naturally, she had to go. “[Michelle] Rhee added a new urgency and righteous anger to the school reform movement, one that she will now take to a national platform. She asked how the District could compile an abysmal academic record and yet rate most of their teachers as meeting or exceeding expectations. She decreed that poverty was no longer a reason for expecting less of a child in Anacostia than one in Tenleytown.”

So now the New York Times sounds like National Review: “Rather than entertaining the possibility that the program they have pursued is genuinely and even legitimately unpopular, the White House and its allies have concluded that their political troubles amount to mainly a message and image problem.” The Gray Lady has also discovered Obama has an “elitism” problem. Who knew?

So smart are these Obama diplomats, we were told. Alas: “The White House spent an hour Friday afternoon trying to convince angry Hill staffers and human rights activists that ‘naming and shaming’ governments that recruit child soldiers, rather than imposing Congressionally-mandated sanctions on them, will better address the problem. But advocacy leaders are upset with the administration and rejected top White House officials’ contention that removing sanctions against four troubled states will be a positive move. … Overall, the call showed that the White House realized it botched the rollout of the decision but is standing by the decision itself. Next, they will have to defend it on Capitol Hill, where staffers are set to receive a special briefing on the issue next week.”

So let me see if I got this straight? President Obama goes to Florida in August to campaign for Rep. Kendrick Meek. Then recently, former President Clinton goes in to ‘campaign’ for Meek by trying to get him to drop out of the race. And voters this year are being accused of being ‘radical’ and ‘too angry’ because they are rejecting politics as usual?” That, from Susan Molinari.

So the administration’s flunky on the U.S. Commission on Civil Rights walks out to deny a quorum, preventing a vote on the interim report concerning the New Black Panther Party scandal. (But the vice chairman is no better — she didn’t show up.) Remember, your tax dollars are paying these people to play hide and seek.

So what is not to like about this man? Nothing yet.

So Obama is no George W. Bush. “Mr. Mubarak’s tightening sharply contrasts with his behavior during Egypt’s last major election season, in 2005. Then he loosened controls on the media, introduced a constitutional amendment allowing the first contested election for president, and released his principal secular challenger from jail. He did all this under heavy pressure from then-President George W. Bush, who had publicly called on Egypt to ‘lead the way’ in Arab political reform. … Mr. Mubarak’s actions reflect a common calculation across the Middle East: that this U.S. president, unlike his predecessor, is not particularly interested in democratic change.”

So what grade does he get? Obama said we should evaluate him on the economy: “An economy growing at a sluggish 2 percent, almost all economists agree, cannot produce nearly the demand needed to lower the nation’s painfully high 9.6 percent unemployment rate. And inventories continued to grow and the trade gap remained wide, as imports outpaced exports. The numbers are not likely to provide much of a morale boost for President Obama and Democrats, who are days away from crucial midterm elections. High unemployment and soaring foreclosure numbers in the Midwest and West already made this a particularly difficult election for Democrats. Friday’s numbers offer little relief.”

So what is missing from David Brooks’s excellent advice? “First, the president is going to have to win back independents. … Second, Obama needs to redefine his identity. … Third, Obama will need to respond to the nation’s fear of decline. … Fourth, Obama has to build an institutional structure to support a more moderate approach.” Well, a president who is moderate, flexible, and self-reflective.

So how did Obama get his reputation as an “intellectual”? James Taranto and I agree: “Professors imagine Obama is one of them because he shares their attitudes: their politically correct opinions, their condescending view of ordinary Americans, their belief in their own authority as an intellectual elite. He is the ideal product of the homogeneous world of contemporary academia. In his importance, they see a reflection of their self-importance.”

Read Less

Liberal Echo Chamber

Obama has done what was seemingly impossible — he has lost David Brooks and made him into a scathing critic of the Democrats’ delusional thinking. A sample:

Over the past year, many Democrats have resolutely paid attention to those things that make them feel good, and they have carefully filtered out those negative things that make them feel sad.

For example, Democrats and their media enablers have paid lavish attention to Christine O’Donnell and Carl Paladino, even though these two Republican candidates have almost no chance of winning. That’s because it feels so delicious to feel superior to opponents you consider to be feeble-minded wackos.

On the whole “foreign money killed us” hooey, Brooks is merciless:

They see this campaign as a poetic confrontation between good (themselves) and pure evil (Karl Rove and his group, American Crossroads).

As Nancy Pelosi put it at a $50,000-a-couple fund-raiser, “Everything was going great and all of a sudden secret money from God knows where — because they won’t disclose it — is pouring in.”

Even allowing the menace of secret money, embracing this Paradise Lost epic means obscuring a few inconvenient facts: that Democrats were happy to benefit from millions of anonymous dollars in 2006, 2008 and today; that the spending by Rove’s group amounts to less than 1 percent of the total money spent on campaigns this year; that Democrats retain an overall spending advantage.

But legend rises above mere facticity, and this Lancelots-of-the-Left tale underlines a self-affirming message — that Democrats are engaged in a righteous crusade against the dark villain who tricked Americans into voting against John Kerry.

Oh, and they were always behind, and for nearly a year the American people have been screaming that they didn’t like the Democrats’ agenda.

Brooks is right that the blame-everyone-but-themselves phenomenon is  a bit cringe-inducing. (“Get a bottle of vodka and read Peter Baker’s article ‘The Education of President Obama’ from The New York Times Magazine a few weeks ago. Take a shot every time a White House official is quoted blaming Republicans for the Democrats’ political plight. You’ll be unconscious by page three.”)

Brooks aptly discusses the phenomenon but not the causes and contributors to this hear-no-danger/see-no-danger modus operandi. It is in large part a manifestation of the president’s own self-regard, a distorted sense of his own ability to mold events, and a conviction that garden-variety leftism in an appealing package = blinding wisdom.

But there is something else at work here. There is an endless loop of self-reinforcing fantasy that goes on among academics, pundits, “news” reporters, and elected Democrats. They feed each other’s prejudices (e.g., Tea Partiers are racists) and affirm one another’s erroneous judgments (Americans will learn to love ObamaCare). By minimizing or ignoring the administrations’ failures or misdeeds (the New Black Panther Party scandal, the abusive use of czars and recess appointments), the media and liberal interest groups contribute to a heady sense of infallibility. “No one cares about this stuff,” concludes the already puffed-up White House aides. “We can do whatever we want,” they tell their colleagues.

And most of all, they agree that those who do report bad news (e.g., Fox) or who do object to harebrained ideas (support for the Ground Zero mosque) are irrational or bigoted — maybe both. It’s always possible that the White House will finally learn the right lessons from the upcoming midterm wipeout. But perhaps it is also time for the liberal echo chamber to consider whether it is doing more harm than good to its own cause.

Obama has done what was seemingly impossible — he has lost David Brooks and made him into a scathing critic of the Democrats’ delusional thinking. A sample:

Over the past year, many Democrats have resolutely paid attention to those things that make them feel good, and they have carefully filtered out those negative things that make them feel sad.

For example, Democrats and their media enablers have paid lavish attention to Christine O’Donnell and Carl Paladino, even though these two Republican candidates have almost no chance of winning. That’s because it feels so delicious to feel superior to opponents you consider to be feeble-minded wackos.

On the whole “foreign money killed us” hooey, Brooks is merciless:

They see this campaign as a poetic confrontation between good (themselves) and pure evil (Karl Rove and his group, American Crossroads).

As Nancy Pelosi put it at a $50,000-a-couple fund-raiser, “Everything was going great and all of a sudden secret money from God knows where — because they won’t disclose it — is pouring in.”

Even allowing the menace of secret money, embracing this Paradise Lost epic means obscuring a few inconvenient facts: that Democrats were happy to benefit from millions of anonymous dollars in 2006, 2008 and today; that the spending by Rove’s group amounts to less than 1 percent of the total money spent on campaigns this year; that Democrats retain an overall spending advantage.

But legend rises above mere facticity, and this Lancelots-of-the-Left tale underlines a self-affirming message — that Democrats are engaged in a righteous crusade against the dark villain who tricked Americans into voting against John Kerry.

Oh, and they were always behind, and for nearly a year the American people have been screaming that they didn’t like the Democrats’ agenda.

Brooks is right that the blame-everyone-but-themselves phenomenon is  a bit cringe-inducing. (“Get a bottle of vodka and read Peter Baker’s article ‘The Education of President Obama’ from The New York Times Magazine a few weeks ago. Take a shot every time a White House official is quoted blaming Republicans for the Democrats’ political plight. You’ll be unconscious by page three.”)

Brooks aptly discusses the phenomenon but not the causes and contributors to this hear-no-danger/see-no-danger modus operandi. It is in large part a manifestation of the president’s own self-regard, a distorted sense of his own ability to mold events, and a conviction that garden-variety leftism in an appealing package = blinding wisdom.

But there is something else at work here. There is an endless loop of self-reinforcing fantasy that goes on among academics, pundits, “news” reporters, and elected Democrats. They feed each other’s prejudices (e.g., Tea Partiers are racists) and affirm one another’s erroneous judgments (Americans will learn to love ObamaCare). By minimizing or ignoring the administrations’ failures or misdeeds (the New Black Panther Party scandal, the abusive use of czars and recess appointments), the media and liberal interest groups contribute to a heady sense of infallibility. “No one cares about this stuff,” concludes the already puffed-up White House aides. “We can do whatever we want,” they tell their colleagues.

And most of all, they agree that those who do report bad news (e.g., Fox) or who do object to harebrained ideas (support for the Ground Zero mosque) are irrational or bigoted — maybe both. It’s always possible that the White House will finally learn the right lessons from the upcoming midterm wipeout. But perhaps it is also time for the liberal echo chamber to consider whether it is doing more harm than good to its own cause.

Read Less

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.

Read Less

Hiding Facts in a Scandal Never Works

Since the Obama team pulled the plug on the voter-intimidation case against the New Black Panther Party, the administration has tried to keep the facts under wraps and the relevant documents and witnesses from surfacing. But this never works in Washington. In these sorts of scandals, the facts will still come out one way or another.

The new Congress with GOP chairmen will have the power to subpoena witnesses and documents and then take the administration to federal court if its stonewalling continues. Judicial Watch is already in federal court challenging the administration’s withholding of documents from Thomas Perrelli, the associate attorney general. Then there are Justice Department attorneys who fear they may be caught in the scandal — because they complied with Obama appointees’ directions to withhold documents improperly, provided misleading answers to discovery requests, or aided in obstructing investigations. Now they may very well decide to assist investigators in an effort to distance themselves from the wrongdoers. There are many witnesses to the meetings, e-mails, documents, and discussions described by  Chris Coates and J. Christian Adams. It’s inconceivable all of them will remain silent.

The Justice Department’s inspector general, Glenn Fine, is, or should be, another source of concern for the administration. When Reps. Frank Wolf and Lamar Smith were struggling in 2009 to get facts about the dismissal of the New Black Panther case, they wrote to Fine to implore him to open an investigation. Now, for many years, Fine has pushed for greater statutory authority to act as DOJ’s centralized watchdog, which in essence would overshadow the Office of Professional Responsibility (whose reputation has been poor and only deteriorated when its work on the John Yoo and Jay Bybee investigation was repudiated). In 2009, Fine said he lacked the authority to pursue the matter. But that was when the Obama team was riding high and ample evidence of systemic wrongdoing hadn’t been confirmed. In September 2010, both Obama’s political standing and the state of the evidence have changed.

Sure enough, Fine recently informed Wolf and Smith that he’s now undertaking that investigation. The New Black Panther Party scandal might finally give Fine the visibility and respect he has long sought. And it sure won’t harm his reputation with the new Congress.

Since the Obama team pulled the plug on the voter-intimidation case against the New Black Panther Party, the administration has tried to keep the facts under wraps and the relevant documents and witnesses from surfacing. But this never works in Washington. In these sorts of scandals, the facts will still come out one way or another.

The new Congress with GOP chairmen will have the power to subpoena witnesses and documents and then take the administration to federal court if its stonewalling continues. Judicial Watch is already in federal court challenging the administration’s withholding of documents from Thomas Perrelli, the associate attorney general. Then there are Justice Department attorneys who fear they may be caught in the scandal — because they complied with Obama appointees’ directions to withhold documents improperly, provided misleading answers to discovery requests, or aided in obstructing investigations. Now they may very well decide to assist investigators in an effort to distance themselves from the wrongdoers. There are many witnesses to the meetings, e-mails, documents, and discussions described by  Chris Coates and J. Christian Adams. It’s inconceivable all of them will remain silent.

The Justice Department’s inspector general, Glenn Fine, is, or should be, another source of concern for the administration. When Reps. Frank Wolf and Lamar Smith were struggling in 2009 to get facts about the dismissal of the New Black Panther case, they wrote to Fine to implore him to open an investigation. Now, for many years, Fine has pushed for greater statutory authority to act as DOJ’s centralized watchdog, which in essence would overshadow the Office of Professional Responsibility (whose reputation has been poor and only deteriorated when its work on the John Yoo and Jay Bybee investigation was repudiated). In 2009, Fine said he lacked the authority to pursue the matter. But that was when the Obama team was riding high and ample evidence of systemic wrongdoing hadn’t been confirmed. In September 2010, both Obama’s political standing and the state of the evidence have changed.

Sure enough, Fine recently informed Wolf and Smith that he’s now undertaking that investigation. The New Black Panther Party scandal might finally give Fine the visibility and respect he has long sought. And it sure won’t harm his reputation with the new Congress.

Read Less

The Wrongdoing, the Cover-Up, and Executive Privilege

Like any administration snared in a Beltway scandal, the Obama team has two problems in the New Black Panther Party scandal: the wrongdoing and the cover-up.

The wrongdoing is not merely that the Obama administration dismissed a blatant case of voter intimidation. It is not merely that an NAACP attorney pressured the Obama team to dump the case. It is not merely that the Obama Justice Department explicitly told attorneys not to enforce Section 8 of the Voting Rights Act, which helps prevent voter fraud. It is that the Obama team believes that the civil rights laws run only one way and offer protection only to certain racial or ethnic groups. That’s not the law (or the Equal Protection Clause has no meaning), and it runs afoul of Americans’ basic sense of fairness. That is why the Obama administration denies that it holds such a view. They may be radicals, but they aren’t dumb.

The cover-up takes two forms. There are the false statements put out by the Justice Department and made under oath by the assistant attorney general for civil rights, Thomas Perez, first, denying that political appointees were involved in the case and, second, disclaiming the existence of hostility toward race-neutral enforcement of voting laws. But there is also the Nixonian abuse of executive privilege to prevent scrutiny of the Justice Department. It is this latter issue that has gotten too little attention.

The administration has refused to produce witnesses and documents, employing a spurious claim of “deliberative process” privilege. Case law and Justice Department memoranda make clear that this is an offshoot of the executive privilege that is applicable only when invoked by the president (or, some would say, a Cabinet-level official). But Obama hasn’t done this. After all, “executive privilege” sounds bad. It reeks of “cover-up.” But without a formal invocation of the privilege, it is lawlessness, pure and simple, to withhold documents and witnesses in response to lawful subpoenas, FOIA requests, and a federal statute (which obligates the DOJ to cooperate with the U.S. Commission on Civil Rights).

It was both inaccurate and nervy for the Justice Department’s spokesman to claim that Chris Coates’s testimony was short on facts. To begin with, Coates cited example after example to support the conclusion that the Obama team considers only racial, ethnic, and language minorities to be protected by civil rights laws. But more to the point, he was prevented from disclosing even more details because of the administration’s privilege claim. Again and again, Coates explained that he couldn’t answer questions out of respect for the DOJ’s position. Similarly, the log obtained by Judicial Watch lists dozens of e-mails and documents transmitted between political appointees and the voting section that would substantiate testimony by Coates. All that information remains hidden from view because the Justice Department is concealing it.

The mainstream media have just woken up to the extent and importance of the scandal, so perhaps they will get around to this aspect of the case. Yet I get the feeling that if it had been the Bush administration telling whistleblowers not to testify and withholding, absent any legal basis, key documents that could implicate high-ranking officials, the media would have already been all over this.

Like any administration snared in a Beltway scandal, the Obama team has two problems in the New Black Panther Party scandal: the wrongdoing and the cover-up.

The wrongdoing is not merely that the Obama administration dismissed a blatant case of voter intimidation. It is not merely that an NAACP attorney pressured the Obama team to dump the case. It is not merely that the Obama Justice Department explicitly told attorneys not to enforce Section 8 of the Voting Rights Act, which helps prevent voter fraud. It is that the Obama team believes that the civil rights laws run only one way and offer protection only to certain racial or ethnic groups. That’s not the law (or the Equal Protection Clause has no meaning), and it runs afoul of Americans’ basic sense of fairness. That is why the Obama administration denies that it holds such a view. They may be radicals, but they aren’t dumb.

The cover-up takes two forms. There are the false statements put out by the Justice Department and made under oath by the assistant attorney general for civil rights, Thomas Perez, first, denying that political appointees were involved in the case and, second, disclaiming the existence of hostility toward race-neutral enforcement of voting laws. But there is also the Nixonian abuse of executive privilege to prevent scrutiny of the Justice Department. It is this latter issue that has gotten too little attention.

The administration has refused to produce witnesses and documents, employing a spurious claim of “deliberative process” privilege. Case law and Justice Department memoranda make clear that this is an offshoot of the executive privilege that is applicable only when invoked by the president (or, some would say, a Cabinet-level official). But Obama hasn’t done this. After all, “executive privilege” sounds bad. It reeks of “cover-up.” But without a formal invocation of the privilege, it is lawlessness, pure and simple, to withhold documents and witnesses in response to lawful subpoenas, FOIA requests, and a federal statute (which obligates the DOJ to cooperate with the U.S. Commission on Civil Rights).

It was both inaccurate and nervy for the Justice Department’s spokesman to claim that Chris Coates’s testimony was short on facts. To begin with, Coates cited example after example to support the conclusion that the Obama team considers only racial, ethnic, and language minorities to be protected by civil rights laws. But more to the point, he was prevented from disclosing even more details because of the administration’s privilege claim. Again and again, Coates explained that he couldn’t answer questions out of respect for the DOJ’s position. Similarly, the log obtained by Judicial Watch lists dozens of e-mails and documents transmitted between political appointees and the voting section that would substantiate testimony by Coates. All that information remains hidden from view because the Justice Department is concealing it.

The mainstream media have just woken up to the extent and importance of the scandal, so perhaps they will get around to this aspect of the case. Yet I get the feeling that if it had been the Bush administration telling whistleblowers not to testify and withholding, absent any legal basis, key documents that could implicate high-ranking officials, the media would have already been all over this.

Read Less

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.

Read Less

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.

Read Less

Time for a Uniter, Not a Divider

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Read Less

Flotsam and Jetsam

The wave is about to hit the Democrats. The latest poll from Reuters-Ipsos: “Only 34 percent approved of Obama’s handling of the economy and jobs compared to 46 percent who deemed it unsatisfactory. This is a sharp decline from early 2009 shortly after he took office when over a half of those surveyed approved of Obama’s handling of the worst financial crisis in decades. … Republicans hold a 46-44 percent lead over Democrats when participants were asked which party they planned to support in November. And 72 percent of Republicans said they are certain to vote on November 2, compared to 49 percent of Democrats.”

It’s not been smooth sailing for Donald Berwick: “Dr. Berwick is still struggling to tamp down a furor over past statements in which he discussed the rationing of health care and expressed affection for the British health care system. And he is finding his ability to do his job clouded by the circumstances of his appointment, with many Republicans in open revolt over President Obama’s decision to place him in the post without a Senate confirmation vote. Dr. Berwick never had a confirmation hearing and has not responded publicly to critics. The White House declined to make him available for an interview.” (Has the Gray Lady discovered that this is the least-transparent administration in history?)

Obama is wrecking private-sector confidence, says Mort Zuckerman: “The growing tension between the Obama administration and business is a cause for national concern. The president has lost the confidence of employers, whose worries over taxes and the increased costs of new regulation are holding back investment and growth. The government must appreciate that confidence is an imperative if business is to invest, take risks and put the millions of unemployed back to productive work.”

Obama’s poll numbers continue to dive: “The Rasmussen Reports daily Presidential Tracking Poll for Tuesday shows that 25% of the nation’s voters Strongly Approve of the way that Barack Obama is performing his role as president. Forty-five percent (45%) Strongly Disapprove, giving Obama a Presidential Approval Index rating of -20.” His RealClearPolitics disapproval rating average is at a new high.

Peter Kirsanow of the U.S. Commission on Civil Rights sends a shot over the bow of a fellow commissioner and the mainstream media, which prefer to misrepresent or ignore the uncontroverted evidence in the New Black Panther Party scandal.

Like rats fleeing a sinking ship, House Democrats are distancing themselves from Speaker Nancy Pelosi: “House Majority Leader Steny Hoyer (D-Md.) on Tuesday noted that it was Speaker Nancy Pelosi (D-Calif.), not him, who promised to ‘drain the swamp’ of corruption in Washington.”

The Charlie Rangel settlement talks run aground. It seems there was a sleazy backroom meeting to try to settle Rangel’s sleazy dealings: “Rep. Charlie Rangel’s chances of cutting an ethics deal are in jeopardy over allegations that he met privately with Ethics Committee Chairwoman Zoe Lofgren (D-Calif.) Monday night without any Republican members of the bipartisan panel present. Sources close to Rangel deny that there was an attempt to cut a backroom deal with Lofgren, but Rangel’s attorneys met with Democratic ethics committee staff Monday, according to people close to the investigation.”

The Senate fails to submarine the First Amendment: “The Senate failed to advance a campaign finance bill Tuesday, dealing a blow to Democrats who were trying to pass a key piece of their agenda before the August recess. … The three Republican centrists considered most likely to support the bill, Sens. Olympia Snowe (Maine), Susan Collins (Maine) and Scott Brown (Mass.), all voted against it … despite heavy lobbying from liberal groups such as MoveOn.org. … Democrats were also missing the vote of Sen. Joe Lieberman (I-Conn.), who was absent from the Senate on Tuesday because he was attending a funeral.”

The wave is about to hit the Democrats. The latest poll from Reuters-Ipsos: “Only 34 percent approved of Obama’s handling of the economy and jobs compared to 46 percent who deemed it unsatisfactory. This is a sharp decline from early 2009 shortly after he took office when over a half of those surveyed approved of Obama’s handling of the worst financial crisis in decades. … Republicans hold a 46-44 percent lead over Democrats when participants were asked which party they planned to support in November. And 72 percent of Republicans said they are certain to vote on November 2, compared to 49 percent of Democrats.”

It’s not been smooth sailing for Donald Berwick: “Dr. Berwick is still struggling to tamp down a furor over past statements in which he discussed the rationing of health care and expressed affection for the British health care system. And he is finding his ability to do his job clouded by the circumstances of his appointment, with many Republicans in open revolt over President Obama’s decision to place him in the post without a Senate confirmation vote. Dr. Berwick never had a confirmation hearing and has not responded publicly to critics. The White House declined to make him available for an interview.” (Has the Gray Lady discovered that this is the least-transparent administration in history?)

Obama is wrecking private-sector confidence, says Mort Zuckerman: “The growing tension between the Obama administration and business is a cause for national concern. The president has lost the confidence of employers, whose worries over taxes and the increased costs of new regulation are holding back investment and growth. The government must appreciate that confidence is an imperative if business is to invest, take risks and put the millions of unemployed back to productive work.”

Obama’s poll numbers continue to dive: “The Rasmussen Reports daily Presidential Tracking Poll for Tuesday shows that 25% of the nation’s voters Strongly Approve of the way that Barack Obama is performing his role as president. Forty-five percent (45%) Strongly Disapprove, giving Obama a Presidential Approval Index rating of -20.” His RealClearPolitics disapproval rating average is at a new high.

Peter Kirsanow of the U.S. Commission on Civil Rights sends a shot over the bow of a fellow commissioner and the mainstream media, which prefer to misrepresent or ignore the uncontroverted evidence in the New Black Panther Party scandal.

Like rats fleeing a sinking ship, House Democrats are distancing themselves from Speaker Nancy Pelosi: “House Majority Leader Steny Hoyer (D-Md.) on Tuesday noted that it was Speaker Nancy Pelosi (D-Calif.), not him, who promised to ‘drain the swamp’ of corruption in Washington.”

The Charlie Rangel settlement talks run aground. It seems there was a sleazy backroom meeting to try to settle Rangel’s sleazy dealings: “Rep. Charlie Rangel’s chances of cutting an ethics deal are in jeopardy over allegations that he met privately with Ethics Committee Chairwoman Zoe Lofgren (D-Calif.) Monday night without any Republican members of the bipartisan panel present. Sources close to Rangel deny that there was an attempt to cut a backroom deal with Lofgren, but Rangel’s attorneys met with Democratic ethics committee staff Monday, according to people close to the investigation.”

The Senate fails to submarine the First Amendment: “The Senate failed to advance a campaign finance bill Tuesday, dealing a blow to Democrats who were trying to pass a key piece of their agenda before the August recess. … The three Republican centrists considered most likely to support the bill, Sens. Olympia Snowe (Maine), Susan Collins (Maine) and Scott Brown (Mass.), all voted against it … despite heavy lobbying from liberal groups such as MoveOn.org. … Democrats were also missing the vote of Sen. Joe Lieberman (I-Conn.), who was absent from the Senate on Tuesday because he was attending a funeral.”

Read Less

Using Sherrod to Undermine the New Black Panther Case

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

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

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

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

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

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

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

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

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

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

Read Less

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.

Read Less

WEB EXCLUSIVE: How the Mainstream Media Misses the News

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

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

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

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

Read Less

Flotsam and Jetsam

No joke: Mother Jones has an excellent expose on the al-Qaeda lawyers’ antics in showing terrorists photos of CIA officials.

No news network except Fox has picked up on the New Black Panther Party scandal.

No meltdown (yet): “The U.S. Senate race in Kentucky is little changed from earlier this month, with Republican Rand Paul continuing to hold a modest lead over Democrat Jack Conway. The latest Rasmussen Reports statewide telephone survey of Likely Voters shows Paul picking up 49% support to Conway’s 42%.”

No good news for the Democrats. Stuart Rothenberg: “The news on joblessness and the U.S. economy, combined with growing concerns over the federal deficit, Europe’s financial health (particularly growing debt), the lack of progress of the war in Afghanistan and the damage resulting from the BP oil gusher in the Gulf of Mexico, are burying the president and his party in an avalanche of public dissatisfaction.”

No answers (from Elena Kagan): “Republicans and Democrats alike expressed frustration that she wasn’t willing to answer more questions despite having once written a book review saying Supreme Court nominees needed to do just that.”

No “shift” or “rift” between Israel and the U.S., says Yoram Ettinger. It’s worse: “Obama is an ideologue, determined to change the US and the world, irrespective of his declining fortunes internally and externally.” The result is an “unbridgeable gap” between the two countries.

No better distillation of Obama’s flawed Middle East policy than this from Elliott Abrams: “The Obama Administration appears to have three basic premises about the Middle East. The first is that the key issue in the entire Middle East is the Israeli-Palestinian conflict. The second is that it is a territorial conflict that can be resolved in essence by Israeli concessions. The third is that the central function of the United States is to serve as the PLO’s lawyer to broker those concessions so that an agreement can be signed.”

No cloture vote. With senators’ newfound concern for fiscal responsibility (it’s an election year), Harry Reid can’t round up enough votes to pass unemployment benefits. “Reid intends to call a vote Thursday evening on the smaller benefits bill — now paired with a homebuyer’s credit provision that may help garner more support. But the majority leader conceded he might not be able to clear the bill before the July recess. A more comprehensive tax extenders and unemployment benefits bill failed to pass the procedural block on three consecutive tries.”

No timeline on immigration reform: “President Barack Obama will talk about the urgency of the need for immigration reform in a major speech on Thursday, but will not give a timeline for action.” (It would be nice if he felt the same about a troop pullout from Afghanistan.) Makes you almost think he’s not serious about doing something, only making a campaign issue out of it.

No joke: Mother Jones has an excellent expose on the al-Qaeda lawyers’ antics in showing terrorists photos of CIA officials.

No news network except Fox has picked up on the New Black Panther Party scandal.

No meltdown (yet): “The U.S. Senate race in Kentucky is little changed from earlier this month, with Republican Rand Paul continuing to hold a modest lead over Democrat Jack Conway. The latest Rasmussen Reports statewide telephone survey of Likely Voters shows Paul picking up 49% support to Conway’s 42%.”

No good news for the Democrats. Stuart Rothenberg: “The news on joblessness and the U.S. economy, combined with growing concerns over the federal deficit, Europe’s financial health (particularly growing debt), the lack of progress of the war in Afghanistan and the damage resulting from the BP oil gusher in the Gulf of Mexico, are burying the president and his party in an avalanche of public dissatisfaction.”

No answers (from Elena Kagan): “Republicans and Democrats alike expressed frustration that she wasn’t willing to answer more questions despite having once written a book review saying Supreme Court nominees needed to do just that.”

No “shift” or “rift” between Israel and the U.S., says Yoram Ettinger. It’s worse: “Obama is an ideologue, determined to change the US and the world, irrespective of his declining fortunes internally and externally.” The result is an “unbridgeable gap” between the two countries.

No better distillation of Obama’s flawed Middle East policy than this from Elliott Abrams: “The Obama Administration appears to have three basic premises about the Middle East. The first is that the key issue in the entire Middle East is the Israeli-Palestinian conflict. The second is that it is a territorial conflict that can be resolved in essence by Israeli concessions. The third is that the central function of the United States is to serve as the PLO’s lawyer to broker those concessions so that an agreement can be signed.”

No cloture vote. With senators’ newfound concern for fiscal responsibility (it’s an election year), Harry Reid can’t round up enough votes to pass unemployment benefits. “Reid intends to call a vote Thursday evening on the smaller benefits bill — now paired with a homebuyer’s credit provision that may help garner more support. But the majority leader conceded he might not be able to clear the bill before the July recess. A more comprehensive tax extenders and unemployment benefits bill failed to pass the procedural block on three consecutive tries.”

No timeline on immigration reform: “President Barack Obama will talk about the urgency of the need for immigration reform in a major speech on Thursday, but will not give a timeline for action.” (It would be nice if he felt the same about a troop pullout from Afghanistan.) Makes you almost think he’s not serious about doing something, only making a campaign issue out of it.

Read Less

This Will Be an Interesting Hearing

J. Christian Adams, the Justice Department trial lawyer on the New Black Panther Party voter-intimidation case who recently resigned in disgust, is going to testify on July 6 before the U.S. Commission on Civil Rights. I imagine he will be asked about many of the details in the emerging tale of the Obama team’s decision to relinquish a legal victory in a case of documented voter intimidation. Might it have had something to do with the race of the defendants? We’ll find out more on the 6th.

J. Christian Adams, the Justice Department trial lawyer on the New Black Panther Party voter-intimidation case who recently resigned in disgust, is going to testify on July 6 before the U.S. Commission on Civil Rights. I imagine he will be asked about many of the details in the emerging tale of the Obama team’s decision to relinquish a legal victory in a case of documented voter intimidation. Might it have had something to do with the race of the defendants? We’ll find out more on the 6th.

Read Less

Justice Department Sued Over Black Panther Documents

The Justice Department has been stonewalling individual members of Congress and the U.S. Commission on Civil Rights in their efforts to get to the bottom of the Obama-Holder Justice Department’s decision to abandon a default judgment against the New Black Panther Party and multiple individual defendants in a case of blatant voter intimidation. Now the conservative legal watchdog Judicial Watch is going to court to pry the documents loose:

Judicial Watch filed its original FOIA request on May 29, 2009. The Justice Department acknowledged receiving the request on June 18, 2009, but then referred the request to the Office of Information Policy (OIP) and the Civil Rights Division. On January 15, 2010, the OIP notified Judicial Watch that it would be responding to the request on behalf of the Offices of the Attorney General, the Deputy Attorney General, Associate Attorney General, Public Affairs, Legislative Affairs, Legal Policy, and Intergovernmental and Public Liaison.

On January 15, the OIP also indicated that the Office of the Associate Attorney General found 135 pages of records responsive to Judicial Watch’s request, but that all records would be withheld in full. On January 26, the OIP advised Judicial Watch that the Office of Public Affairs and Office of Legal Policy completed their searches and found no responsive documents. On February 10, the Justice Department’s Civil Rights Division indicated that after an extensive search it had located “numerous responsive records” but determined that “access to the majority of the records” should be denied. On March 26, the OIP indicated that the Office of Legislative Affairs and the Office of Intergovernmental and Public Liaison completed searches and found no documents.

It’s about time the courts rule on the panoply of made-up defenses and fake privileges that Holder has cooked up to avoid turning over these documents. Let the courts decide if the Obama administration can have it both ways — declining to invoke executive privilege but relying on the privilege under other names (“deliberative privilege”).

A knowledgeable lawyer e-mails me: “Notice DOJ revealed nothing about the number of panther documents in the AG and deputy AG office. Even for  the associate attorney general they revealed there were 135 but they weren’t going to turn them over. Failing to even name a number is extremely suspicious because those units can be searched quicker and easier for compliant documents. It leads one to conclude any number would be an embarrassment, and a high number would be a catastrophe. So, don’t reveal a number. Typical of this non-transparent operation.”

And now we’re going to see the administration’s true colors played out in open court. As a Judicial Watch spokesman said: “If there is nothing to hide, then Eric Holder should release this information as the law requires. And this is just one more example of how Obama’s promises of transparency are a big lie.”

But the Obama team may have a different problem: if either or both houses of Congress flip to Republican control, new chairmen will populate key committees and subpoenas will begin to fly. Congress is in an even better position to get access to the documents, as attorney-client privilege doesn’t work against a co-equal branch of government. In sum, Holder is running out of room to hide, finally.

The Justice Department has been stonewalling individual members of Congress and the U.S. Commission on Civil Rights in their efforts to get to the bottom of the Obama-Holder Justice Department’s decision to abandon a default judgment against the New Black Panther Party and multiple individual defendants in a case of blatant voter intimidation. Now the conservative legal watchdog Judicial Watch is going to court to pry the documents loose:

Judicial Watch filed its original FOIA request on May 29, 2009. The Justice Department acknowledged receiving the request on June 18, 2009, but then referred the request to the Office of Information Policy (OIP) and the Civil Rights Division. On January 15, 2010, the OIP notified Judicial Watch that it would be responding to the request on behalf of the Offices of the Attorney General, the Deputy Attorney General, Associate Attorney General, Public Affairs, Legislative Affairs, Legal Policy, and Intergovernmental and Public Liaison.

On January 15, the OIP also indicated that the Office of the Associate Attorney General found 135 pages of records responsive to Judicial Watch’s request, but that all records would be withheld in full. On January 26, the OIP advised Judicial Watch that the Office of Public Affairs and Office of Legal Policy completed their searches and found no responsive documents. On February 10, the Justice Department’s Civil Rights Division indicated that after an extensive search it had located “numerous responsive records” but determined that “access to the majority of the records” should be denied. On March 26, the OIP indicated that the Office of Legislative Affairs and the Office of Intergovernmental and Public Liaison completed searches and found no documents.

It’s about time the courts rule on the panoply of made-up defenses and fake privileges that Holder has cooked up to avoid turning over these documents. Let the courts decide if the Obama administration can have it both ways — declining to invoke executive privilege but relying on the privilege under other names (“deliberative privilege”).

A knowledgeable lawyer e-mails me: “Notice DOJ revealed nothing about the number of panther documents in the AG and deputy AG office. Even for  the associate attorney general they revealed there were 135 but they weren’t going to turn them over. Failing to even name a number is extremely suspicious because those units can be searched quicker and easier for compliant documents. It leads one to conclude any number would be an embarrassment, and a high number would be a catastrophe. So, don’t reveal a number. Typical of this non-transparent operation.”

And now we’re going to see the administration’s true colors played out in open court. As a Judicial Watch spokesman said: “If there is nothing to hide, then Eric Holder should release this information as the law requires. And this is just one more example of how Obama’s promises of transparency are a big lie.”

But the Obama team may have a different problem: if either or both houses of Congress flip to Republican control, new chairmen will populate key committees and subpoenas will begin to fly. Congress is in an even better position to get access to the documents, as attorney-client privilege doesn’t work against a co-equal branch of government. In sum, Holder is running out of room to hide, finally.

Read Less

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.

Read Less

Obama Civil Rights Head Defends Black Panther Dismissal

On Friday, the much anticipated testimony of Civil Rights division head Thomas Perez before the U.S. Commission on Civil Rights was heard. As the Washington Times reported, Perez implicitly rebuked both the trial team that filed the case and the appellate section that endorsed the work of the trial team:

Assistant Attorney General Thomas E. Perez told the U.S. Commission on Civil Rights on Friday there was “insufficient evidence” to bring a civil complaint against members of the New Black Panther Party who disrupted a Philadelphia polling place in the 2008 general elections.

Mr. Perez, the only Justice Department official to testify publicly before the commission about the case, said that without sufficient proof that party members or the organization’s leader, Malik Zulu Shabazz, directed or controlled unlawful activities at the poll or made speeches to incite or produce lawless action, the complaint “would have likely failed” in court.

Perez declared that, of course, the Justice Department is committed to equal enforcement of the civil rights laws regardless of the race of the defendants. But one commissioner, independent Todd Gaziano, isn’t buying it:

I wanted to believe there were all sorts of wrongheaded but NOT racist reasons for the decision to dismiss the defendants. But there are several reasons for me to believe that a racist application of the voting rights laws might have been at play. There is some evidence that is already in the public domain. Examples of that are the fact that there apparently is a culture in the civil rights division where some senior section chiefs and other supervising attorneys have expressed the view and engaged in conduct supporting that view that they don’t believe the voting rights laws should ever be enforced against blacks and other minorities. Those reports have been in the press in the past year or so and it seems to me from Perez’ response that he has done nothing to investigate whether that culture or those caustic views really are held by some of his supervising attorneys.”

And: “There is other evidence. There is the absence of a satisfactory explanation for why they did dismiss the Black Panther suit. Reasonable people know that if there is a racist reason for something and a good reason for something, and the reason has been called into question, a decent law enforcement agency when called to explain would want to provide the reasonable explanation – and they still haven’t done that. Third, [former civil rights division Voting Section chief] Chris Coates’ farewell address suggests that there still are several people in the division who do not believe in a race neutral application of the voting rights laws. And it seemed from Perez’ responses to me today that he did nothing specific to investigate why Chris Coates believed that [about his former co-workers].

So what now? The Justice Department continues to stonewall, refusing to allow witnesses with direct knowledge of the decision-making process to testify and refusing to appoint a special prosecutor to litigate the issue of the commission’s subpoenas. It’s quite a performance by an administration that promised to insulate from politics the work of its career attorneys. Well, one possibility is that one or more members of the trial team will defy the orders of their superiors not to testify and come forward to defend their work and reveal the interference they encountered. Another is that if the House flips control, congressional oversight will finally be undertaken and the appropriate witnesses subpoenaed and required to testify. One senses that after Perez’s performance and his hear-no-evil-see-no-evil approach to widespread reports that his division does have a double standard for civil rights enforcement, conscientious career lawyers must be mulling their options.

On Friday, the much anticipated testimony of Civil Rights division head Thomas Perez before the U.S. Commission on Civil Rights was heard. As the Washington Times reported, Perez implicitly rebuked both the trial team that filed the case and the appellate section that endorsed the work of the trial team:

Assistant Attorney General Thomas E. Perez told the U.S. Commission on Civil Rights on Friday there was “insufficient evidence” to bring a civil complaint against members of the New Black Panther Party who disrupted a Philadelphia polling place in the 2008 general elections.

Mr. Perez, the only Justice Department official to testify publicly before the commission about the case, said that without sufficient proof that party members or the organization’s leader, Malik Zulu Shabazz, directed or controlled unlawful activities at the poll or made speeches to incite or produce lawless action, the complaint “would have likely failed” in court.

Perez declared that, of course, the Justice Department is committed to equal enforcement of the civil rights laws regardless of the race of the defendants. But one commissioner, independent Todd Gaziano, isn’t buying it:

I wanted to believe there were all sorts of wrongheaded but NOT racist reasons for the decision to dismiss the defendants. But there are several reasons for me to believe that a racist application of the voting rights laws might have been at play. There is some evidence that is already in the public domain. Examples of that are the fact that there apparently is a culture in the civil rights division where some senior section chiefs and other supervising attorneys have expressed the view and engaged in conduct supporting that view that they don’t believe the voting rights laws should ever be enforced against blacks and other minorities. Those reports have been in the press in the past year or so and it seems to me from Perez’ response that he has done nothing to investigate whether that culture or those caustic views really are held by some of his supervising attorneys.”

And: “There is other evidence. There is the absence of a satisfactory explanation for why they did dismiss the Black Panther suit. Reasonable people know that if there is a racist reason for something and a good reason for something, and the reason has been called into question, a decent law enforcement agency when called to explain would want to provide the reasonable explanation – and they still haven’t done that. Third, [former civil rights division Voting Section chief] Chris Coates’ farewell address suggests that there still are several people in the division who do not believe in a race neutral application of the voting rights laws. And it seemed from Perez’ responses to me today that he did nothing specific to investigate why Chris Coates believed that [about his former co-workers].

So what now? The Justice Department continues to stonewall, refusing to allow witnesses with direct knowledge of the decision-making process to testify and refusing to appoint a special prosecutor to litigate the issue of the commission’s subpoenas. It’s quite a performance by an administration that promised to insulate from politics the work of its career attorneys. Well, one possibility is that one or more members of the trial team will defy the orders of their superiors not to testify and come forward to defend their work and reveal the interference they encountered. Another is that if the House flips control, congressional oversight will finally be undertaken and the appropriate witnesses subpoenaed and required to testify. One senses that after Perez’s performance and his hear-no-evil-see-no-evil approach to widespread reports that his division does have a double standard for civil rights enforcement, conscientious career lawyers must be mulling their options.

Read Less




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

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

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

To subscribe, click here to see our subscription offers »

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