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.
So Long — Until Tomorrow
As most all of you know, today is my last day at COMMENTARY. It has been a joy and a source of great pride to work for the publication that I began reading as a teenager and that remains one of the premiere intellectual institutions in America. My writing career began as a lark and has become a passion, the most satisfying and engrossing occupation I could have imagined. The opportunity to write in COMMENTARY’S pages and on this website — and throw some elbows, take the barbs (from those whom I’m delighted to have enraged), and report what the mainstream media refused to — has allowed me to contribute to the political debate and, along the way, break news. I owe COMMENTARY’s editors, staff, and writers an immense debt of gratitude. I am thankful for the encouragement and fine editorial advice they have provided me, without which I could not have accomplished what I did or have been ready for the next chapter in my career. And as for John’s most generous parting words, I am deeply touched. I hope to be worthy of his praise.
Then there are all of you — the readers. I have received the benefit of my readers’ extraordinary wisdom, occasional corrections and objections, and good humor. (I’ve often thought that many of you should be writing rather than just reading.) And after all, that is what a great magazine is all about — an intellectual community that stimulates, spars, consoles, incites, and makes common cause to promote values and principles that must be defended if they are to survive. I want to thank all of you for the hundreds of e-mails, calls, Facebook entries, and tweets (OK, I finally broke down and got with the 21st century — @JRubinBlogger) cheering me as I move to the Washington Post.
At the Post I will launch a new blog, Right Turn (CONTENTIONS readers can get a sneak preview by clicking on the link), where I will continue to report and opine, just as I have for the past three years. Rest assured that I intend to make the most of this extraordinary opportunity. I want all of you to come along for the ride — to read, comment, and debate with the Post readers (respectfully, of course). Together we can explain who we are and what we believe to a wide and diverse audience. I will continue to make CONTENTIONS an integral part of my daily reading, and I hope you will as well. Its writers’ wealth of knowledge and wit are an indispensible part of the national debate.
And to my loved ones: your unflagging support, patience, and confidence in my abilities have sustained me. Without you, none of this would be possible.