Based on what I have learned so far, the Justice Department seems to be responding in less than candid fashion to the discovery of the U.S. Commission on Civil Rights. A knowledgeable source who has reviewed the responses tells me:
There are statements in the response that reveal the Department isn’t replying in good faith and isn’t trying very hard to get to the bottom of the case. For example, the Commission asked for information about communications from a Philadelphia lawyer who said he represented one of the black panthers, even though he never filed a pleading. The Department says they can’t find any evidence of such communications. They might start by looking at the publicly filed pleadings in the case because an affidavit was filed in the case discussing communications with the attorney in some detail.
Then there is the lack of information about those individuals in outside liberal civil rights groups who are believed to have communicated with Obama officials about the case’s dismissal. Despite the Justice Department’s reticence to reveal any information, I am told that the communications from Kristen Clarke of the NAACP about the case are widely known in the division. My source tells me that Loretta King, former acting assistant attorney general of civil rights, spoke with Clarke “inside DOJ headquarters at the Robert F. Kennedy building on numerous occasions.” Former Justice Department lawyer Hans von Spakovsky similarly reports:
One former Voting Section career lawyer who had left the Justice Department to go to work for the NAACP, Kristen Clarke, admitted to the Washington Times that she talked to the new political leadership after Obama was inaugurated, berating them for not dismissing the [New Black Panther Party] case. Sources at Justice tell me Clarke made an identical pitch to her former colleagues in the Voting Section once Obama and Eric Holder came to power.
The entreaties proved productive. According to the Washington Times, Loretta King, whom Obama named the acting assistant attorney general of the [Civil Rights Division], ordered [Chief of the Civil Rights division Chris] Coates to dismiss the case against three of the defendants despite their default. King apparently received approval from Associate Attorney General Thomas Perrelli to do so. Who else Perrelli spoke with in the Justice Department and the White House is the subject of continued stonewalling in response to the subpoenas served on Justice by the U.S. Civil Rights Commission. Read More