Commentary Magazine


Topic: Thomas Perrelli

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

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

What Did Eric Holder Know and When Did He Know It?

From the beginning of the New Black Panther Party scandal, the Obama Justice Department insisted that the decision to dismiss a case of egregious voter intimidation was made by career attorneys. Now we are learning that there was significant involvement by political appointees, including the attorney general himself. In a prepared testimony before the U.S. Commission on Civil Rights, which opened its hearing today, Rep. Frank Wolf explained:

“According to the Appellate Division memos first disclosed in the Times article, Appellate Chief Diana K. Flynn said that ‘the appropriate action was to pursue the default judgment’ and that Justice had made a ‘reasonable argument in favor of default relief against all defendants.’

Flynn’s opinion was shared by a second Appellate Division official, Marie K. McElderry, who stated, ‘The government’s predominant interest is preventing intimidation, threats and coercion against voters or persons urging or aiding persons to vote or attempt to vote.’

Given these troubling disclosures, I have repeatedly called on the attorney general to re-file this civil suit and allow a ruling from the judge based on the merits of the case, not political expediency.  The career trial team should be allowed to bring the case again – per the guidance I obtained from the Congressional Research Service’s American Law Division in its July 30 memo – to allow our nation’s justice system to work as it was intended: impartially and without bias.

Sources within the department stated that Associate Attorney General Thomas Perrelli, a political appointee, in conjunction with the acting assistant attorney general for civil rights, Ms. Loretta King, and her deputy, Mr. Steve Rosenbaum, overruled the career attorneys in the Voting Rights section.  Earlier this week, the department finally acknowledged that the Attorney General was made aware – on multiple occasions – of the steps being taken to dismiss this case.”

Wolf may be referring to the Justice Department’s supplemental response to an interrogation from the Commission, a copy of which I have received. The Department confirms, “The Attorney General was generally made aware by the then-Acting Assistant Attorney General for Civil Rights and the Associate’s staff that the Civil Rights Division was considering the appropriate actions to take in the New Black Panther Party litigation case.” The response states that Holder was “likely provided a brief update” but “did not make the decisions regarding any aspect” of the case. Did he weigh in? Did he advocate a position? Did his underlings? We don’t know.

But one thing is certain: if the case was significant enough to brief the attorney general on, you can bet that the decisions were approved if not instigated by political appointees. The veil is beginning to be lifted. Now it is time to put Holder and Perrelli under oath and find out what they knew and when they knew it. And then we can determine whether the Justice Department has been covering up the politicization of the enforcement of civil rights.

From the beginning of the New Black Panther Party scandal, the Obama Justice Department insisted that the decision to dismiss a case of egregious voter intimidation was made by career attorneys. Now we are learning that there was significant involvement by political appointees, including the attorney general himself. In a prepared testimony before the U.S. Commission on Civil Rights, which opened its hearing today, Rep. Frank Wolf explained:

“According to the Appellate Division memos first disclosed in the Times article, Appellate Chief Diana K. Flynn said that ‘the appropriate action was to pursue the default judgment’ and that Justice had made a ‘reasonable argument in favor of default relief against all defendants.’

Flynn’s opinion was shared by a second Appellate Division official, Marie K. McElderry, who stated, ‘The government’s predominant interest is preventing intimidation, threats and coercion against voters or persons urging or aiding persons to vote or attempt to vote.’

Given these troubling disclosures, I have repeatedly called on the attorney general to re-file this civil suit and allow a ruling from the judge based on the merits of the case, not political expediency.  The career trial team should be allowed to bring the case again – per the guidance I obtained from the Congressional Research Service’s American Law Division in its July 30 memo – to allow our nation’s justice system to work as it was intended: impartially and without bias.

Sources within the department stated that Associate Attorney General Thomas Perrelli, a political appointee, in conjunction with the acting assistant attorney general for civil rights, Ms. Loretta King, and her deputy, Mr. Steve Rosenbaum, overruled the career attorneys in the Voting Rights section.  Earlier this week, the department finally acknowledged that the Attorney General was made aware – on multiple occasions – of the steps being taken to dismiss this case.”

Wolf may be referring to the Justice Department’s supplemental response to an interrogation from the Commission, a copy of which I have received. The Department confirms, “The Attorney General was generally made aware by the then-Acting Assistant Attorney General for Civil Rights and the Associate’s staff that the Civil Rights Division was considering the appropriate actions to take in the New Black Panther Party litigation case.” The response states that Holder was “likely provided a brief update” but “did not make the decisions regarding any aspect” of the case. Did he weigh in? Did he advocate a position? Did his underlings? We don’t know.

But one thing is certain: if the case was significant enough to brief the attorney general on, you can bet that the decisions were approved if not instigated by political appointees. The veil is beginning to be lifted. Now it is time to put Holder and Perrelli under oath and find out what they knew and when they knew it. And then we can determine whether the Justice Department has been covering up the politicization of the enforcement of civil rights.

Read Less

Re: The New Black Panther Stonewall Continues

Commissioner Todd Gaziano of  the U.S. Commission on Civil Rights tells us about the witness line-up for the February 12 hearing:

There are three fact witnesses who will testify at the hearing scheduled for February 12, 2010: Mike Mauro, Chris Hill, and Bartle Bull. Each of these individuals was a poll watcher affiliated with either the Republican Party or the McCain campaign.

Both Mr. Hill and Mr. Bull were interviewed by reporters. Their comments are reflected in the video excerpts provided. Mr. Mauro is also seen in the videos, but does not make any comments and was not interviewed. He is the young gentleman in the blue jacket seen off to the side in several of the videos taken at the property.

All of these witnesses will describe the actions and comments of members of the New Black Panther Party, as well as conservations they may have had with poll workers inside the voting facility.

In addition, the Commission will hear from Gregory Katsas, a former Department of Justice official. . .

Finally, Congressman Frank Wolf will be appearing before the Commission to discuss his concerns and efforts relating to this matter.

I am also informed that subpoenas for Justice Department witnesses are outstanding. It is unclear (but I would suggest unlikely) that they will show up. As for Katsas, he will be testifying, among other things, concerning the standard Justice Department policy in handling cases of voter intimidation, whether given the facts of this case the Obama team was justified in pulling the case before a default judgment could be entered, and whether the associate attorney general (in this case, Thomas Perrelli, who has been identified in press reports as a decision-maker in the dismissal of the voter intimidation case) would be involved in a decision like this. He will also provide some insight into the sort of communication that would normally take place between the White House and Justice Department in the dismissal of a high-profile issue such as the New Black Panther Party case.

His testimony should be enlightening on many levels. For starters, the Obami have persistently claimed that the Bush administration did not adequately enforce civil-rights laws and that they intend now to correct this delinquency. Katsas may shine new light on the differing perspectives of the two administration. Moreover, the Commission is obviously digging to uncover whether in fact “career lawyers” made the decision to dismiss the case, as the Obami have claimed, or whether the decision-makers were indeed political appointees. And then there is the key question: what did the White House know?

Well, let’s see what we find out. It is now clear, I think, why Eric Holder has been stonewalling the Commission on its discovery requests. There seems to be much to ferret out.

UPDATE: This report tells us that the leader of the New Black Panther Party, Malik Zulu Shabazz, failed to show up for his deposition this week scheduled by the U.S. Commission on Civil Rights. The deposition was intended to gather information in advance of the February 12 hearing. Sources tell me that the Department of Justice has been requested to enforce the subpoena on behalf of the Commission. No word on whether Justice will do so, but it is hard to fathom what excuse Holder could raise to prevent enforcement of a duly executed subpoena on a third party witness with direct involvement in a matter which is the subject of a Commission investigation.

Commissioner Todd Gaziano of  the U.S. Commission on Civil Rights tells us about the witness line-up for the February 12 hearing:

There are three fact witnesses who will testify at the hearing scheduled for February 12, 2010: Mike Mauro, Chris Hill, and Bartle Bull. Each of these individuals was a poll watcher affiliated with either the Republican Party or the McCain campaign.

Both Mr. Hill and Mr. Bull were interviewed by reporters. Their comments are reflected in the video excerpts provided. Mr. Mauro is also seen in the videos, but does not make any comments and was not interviewed. He is the young gentleman in the blue jacket seen off to the side in several of the videos taken at the property.

All of these witnesses will describe the actions and comments of members of the New Black Panther Party, as well as conservations they may have had with poll workers inside the voting facility.

In addition, the Commission will hear from Gregory Katsas, a former Department of Justice official. . .

Finally, Congressman Frank Wolf will be appearing before the Commission to discuss his concerns and efforts relating to this matter.

I am also informed that subpoenas for Justice Department witnesses are outstanding. It is unclear (but I would suggest unlikely) that they will show up. As for Katsas, he will be testifying, among other things, concerning the standard Justice Department policy in handling cases of voter intimidation, whether given the facts of this case the Obama team was justified in pulling the case before a default judgment could be entered, and whether the associate attorney general (in this case, Thomas Perrelli, who has been identified in press reports as a decision-maker in the dismissal of the voter intimidation case) would be involved in a decision like this. He will also provide some insight into the sort of communication that would normally take place between the White House and Justice Department in the dismissal of a high-profile issue such as the New Black Panther Party case.

His testimony should be enlightening on many levels. For starters, the Obami have persistently claimed that the Bush administration did not adequately enforce civil-rights laws and that they intend now to correct this delinquency. Katsas may shine new light on the differing perspectives of the two administration. Moreover, the Commission is obviously digging to uncover whether in fact “career lawyers” made the decision to dismiss the case, as the Obami have claimed, or whether the decision-makers were indeed political appointees. And then there is the key question: what did the White House know?

Well, let’s see what we find out. It is now clear, I think, why Eric Holder has been stonewalling the Commission on its discovery requests. There seems to be much to ferret out.

UPDATE: This report tells us that the leader of the New Black Panther Party, Malik Zulu Shabazz, failed to show up for his deposition this week scheduled by the U.S. Commission on Civil Rights. The deposition was intended to gather information in advance of the February 12 hearing. Sources tell me that the Department of Justice has been requested to enforce the subpoena on behalf of the Commission. No word on whether Justice will do so, but it is hard to fathom what excuse Holder could raise to prevent enforcement of a duly executed subpoena on a third party witness with direct involvement in a matter which is the subject of a Commission investigation.

Read Less

Re: New Black Panther Party Case

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

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.

Coates was the head of the department’s New Black Panther Party trial team and has been subpoenaed by the commission. Von Spakovsky also details how Obama officials made life miserable for Coates in recent months, resulting in his recent transfer to South Carolina.

As to the substance of the department’s responses, my source points out that although the Justice Department touts that it sought relief against one defendant, “the injunction was limited to only the city limits, and only to actual weapon possession, over the objections of the career attorneys.” One of those career attorneys who objected was, of course, Coates.

It is noteworthy that even on small matters, the Justice Department’s response comes up short. As is standard practice, the Civil Rights Commission requested a “privilege log” — that is, a detailed explanation of which documents were being withheld because of a claim of privilege, with some basic descriptive material that can then be the basis, if necessary, for review by a judge. However, as far as I can tell, even that log was not provided by the Justice Department. Perhaps even that would have given away too much.

The lengths to which the Justice Department has gone to avoid giving away information that is apparently widely known and available is remarkable. As my source noted, “Reasonable people may start to conclude what is being concealed is worth these lawless risks.”

Read Less

New Black Panther Party Case: Justice Department Stonewall

The U.S. Commission on Civil Rights last month propounded interrogatories and document requests to the Justice Department seeking answers as to why the New Black Panther Party case of voter intimidation was dismissed, who was involved, what outside groups participated in the decision, and what this portends for the enforcement of federal civil rights laws. The Justice Department has responded, I have learned.

In a letter to the commission’s chairman, Joseph Hunt, director of the Federal Programs Branch, contends that the department is limited in what it can provide out of concern for its “deliberative processes” and so as not to “undermine its mission.” He doesn’t invoke “executive privilege” per se, but he does assert attorney-client privilege (which some legal gurus tell me doesn’t really “work” between government entities and agencies as a valid objection).

Although the answers largely consist of boilerplate objections, the department does argue that “career attorneys” with more than 60 years of experience made the call to dump the case and that an injunction was obtained against one individual defendant who actually brandished a weapon. Despite the work of the trial team (which sources inform me had ample factual and legal grounds for bringing the case against additional defendants), the Justice Department now says that unnamed career attorneys determined that it should drop the case against those additional defendants. And, of course, the response says politics played no role in the decision. Asked whether the No. 3 man in the Justice Department, Thomas Perrelli, was involved in the decision, as the Washington Times reported, the Justice Department provided no answer, only series of objections. Likewise, the most transparent administration in history — or so we are told — declines to provide the names of those career attorneys who were the decision makers. And at least for now, the Justice Department is not coughing up the names of civil rights groups that may have encouraged them to drop the case against the additional defendants.

In short, the commission is being stiffed. The Obama administration isn’t explaining anything to anyone, but the commission, not to be deterred, is nevertheless plunging forward. A public hearing at which witnesses are to be called has now been noticed for February 12. At the commission’s next meeting, this Friday, witnesses may be selected. Meanwhile, tomorrow the House Judiciary Committee will take up Rep. Frank Wolf’s Resolution No. 894, seeking to direct ”the Attorney General to transmit to the House of Representatives all information in the Attorney General’s possession relating to the decision to dismiss United States v. New Black Panther Party.” Well, that’s going nowhere, but it will be interesting to hear liberals – who fancy themselves defenders of civil rights – explain why they don’t want to find out what the Justice Department was up to when it declined to prosecute all the defendants who participated in an egregious case of voter intimidation.

For now the Obama team continues its favorite modus operandi — not telling anyone anything about what it does. After all, they won the election, right? And this is what “de-politicizing” the administration of justice looks like. Who knew?

The U.S. Commission on Civil Rights last month propounded interrogatories and document requests to the Justice Department seeking answers as to why the New Black Panther Party case of voter intimidation was dismissed, who was involved, what outside groups participated in the decision, and what this portends for the enforcement of federal civil rights laws. The Justice Department has responded, I have learned.

In a letter to the commission’s chairman, Joseph Hunt, director of the Federal Programs Branch, contends that the department is limited in what it can provide out of concern for its “deliberative processes” and so as not to “undermine its mission.” He doesn’t invoke “executive privilege” per se, but he does assert attorney-client privilege (which some legal gurus tell me doesn’t really “work” between government entities and agencies as a valid objection).

Although the answers largely consist of boilerplate objections, the department does argue that “career attorneys” with more than 60 years of experience made the call to dump the case and that an injunction was obtained against one individual defendant who actually brandished a weapon. Despite the work of the trial team (which sources inform me had ample factual and legal grounds for bringing the case against additional defendants), the Justice Department now says that unnamed career attorneys determined that it should drop the case against those additional defendants. And, of course, the response says politics played no role in the decision. Asked whether the No. 3 man in the Justice Department, Thomas Perrelli, was involved in the decision, as the Washington Times reported, the Justice Department provided no answer, only series of objections. Likewise, the most transparent administration in history — or so we are told — declines to provide the names of those career attorneys who were the decision makers. And at least for now, the Justice Department is not coughing up the names of civil rights groups that may have encouraged them to drop the case against the additional defendants.

In short, the commission is being stiffed. The Obama administration isn’t explaining anything to anyone, but the commission, not to be deterred, is nevertheless plunging forward. A public hearing at which witnesses are to be called has now been noticed for February 12. At the commission’s next meeting, this Friday, witnesses may be selected. Meanwhile, tomorrow the House Judiciary Committee will take up Rep. Frank Wolf’s Resolution No. 894, seeking to direct ”the Attorney General to transmit to the House of Representatives all information in the Attorney General’s possession relating to the decision to dismiss United States v. New Black Panther Party.” Well, that’s going nowhere, but it will be interesting to hear liberals – who fancy themselves defenders of civil rights – explain why they don’t want to find out what the Justice Department was up to when it declined to prosecute all the defendants who participated in an egregious case of voter intimidation.

For now the Obama team continues its favorite modus operandi — not telling anyone anything about what it does. After all, they won the election, right? And this is what “de-politicizing” the administration of justice looks like. Who knew?

Read Less