Commentary Magazine


Topic: U.S. Commission

RE: Krugman in High Dudgeon

John, one of the biggest problems with federal pay scales is that there is no differentiation in pay between federal departments. A GS 15 with a B.A. in education at the Department of Education will make the same pay as a GS 15 supervisory aerospace engineer at NASA. In the private sector, we realize that people in some fields make more — much more — than those in others. But not so in government. Instead, we underpay government employees in highly technical, sought-after fields and overpay them in others.

But the real problem with the federal workforce is job security. It is nearly impossible to fire someone after his probationary period is over. Most federal managers deal with problem employees by moving them into jobs where they can do little harm — even if it means promoting them. When I was the director of the U.S. Commission on Civil Rights during the Reagan era, I managed to fire one employee (he had been accused of stealing money from the agency, repeatedly). And I had to go through a lengthy formal appeals and arbitration process that took nearly a year. Until federal workers can be fired for poor performance, we will continue to have a bloated federal workforce.

John, one of the biggest problems with federal pay scales is that there is no differentiation in pay between federal departments. A GS 15 with a B.A. in education at the Department of Education will make the same pay as a GS 15 supervisory aerospace engineer at NASA. In the private sector, we realize that people in some fields make more — much more — than those in others. But not so in government. Instead, we underpay government employees in highly technical, sought-after fields and overpay them in others.

But the real problem with the federal workforce is job security. It is nearly impossible to fire someone after his probationary period is over. Most federal managers deal with problem employees by moving them into jobs where they can do little harm — even if it means promoting them. When I was the director of the U.S. Commission on Civil Rights during the Reagan era, I managed to fire one employee (he had been accused of stealing money from the agency, repeatedly). And I had to go through a lengthy formal appeals and arbitration process that took nearly a year. Until federal workers can be fired for poor performance, we will continue to have a bloated federal workforce.

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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.

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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.”

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Best Supporting Role in a Civil Rights Cover-Up

Hollywood is not the only place where self-congratulatory awards are plentiful. Andrew Malcolm notes that the Obama Department of Justice has handed out a slew of these — more than 300 (if you didn’t get one, start updating your resume) — to their attorneys and staffers. He empathizes (no, not really) with the “workload” all this entails:

Dropping the Black Panther voter intimidation case. Not closing the Guantanamo Bay detention facility. Suing Arizona for trying to do the federal job of securing the porous Mexican border against drug and human smugglers. Fighting in federal court to uphold the Don’t Ask, Don’t Tell law on gays in the military that Obama often says he really, really opposes and will certainly change someday on his watch. Ditto for the department’s ongoing legal defense of the Defense of Marriage Act. Even though top Obama aide Valerie Jarrett got caught on an interview video recently kinda letting the cat out of the bag about the White House view of gay being a lifestyle choice. But she apologized for the revelation.

Let’s not forget about hiring attorneys who previously represented al-Qaeda terrorists, refusing to enforce portions of the Voting Rights Act (which would head off fraud), and giving rotten advice (later countermanded) with respect to the release of detainee-abuse photos. You wonder what these awards were for. Best misleading answer to the U.S. Commission on Civil Rights. Most egregious case of conflict of interest in matters of national security. The mind reels.

Hollywood is not the only place where self-congratulatory awards are plentiful. Andrew Malcolm notes that the Obama Department of Justice has handed out a slew of these — more than 300 (if you didn’t get one, start updating your resume) — to their attorneys and staffers. He empathizes (no, not really) with the “workload” all this entails:

Dropping the Black Panther voter intimidation case. Not closing the Guantanamo Bay detention facility. Suing Arizona for trying to do the federal job of securing the porous Mexican border against drug and human smugglers. Fighting in federal court to uphold the Don’t Ask, Don’t Tell law on gays in the military that Obama often says he really, really opposes and will certainly change someday on his watch. Ditto for the department’s ongoing legal defense of the Defense of Marriage Act. Even though top Obama aide Valerie Jarrett got caught on an interview video recently kinda letting the cat out of the bag about the White House view of gay being a lifestyle choice. But she apologized for the revelation.

Let’s not forget about hiring attorneys who previously represented al-Qaeda terrorists, refusing to enforce portions of the Voting Rights Act (which would head off fraud), and giving rotten advice (later countermanded) with respect to the release of detainee-abuse photos. You wonder what these awards were for. Best misleading answer to the U.S. Commission on Civil Rights. Most egregious case of conflict of interest in matters of national security. The mind reels.

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Washington Post Confirms More Than a Year of Conservative Reporting

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

As to the administration’s mindset:

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

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

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

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

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

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

Translation: Wow.

As for the involvement of higher-ups:

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

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

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

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

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

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

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

Fernandes declined to comment through a department spokeswoman.

Translation: Perez and Fernandes will have to go.

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

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

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

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

As to the administration’s mindset:

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

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

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

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

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

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

Translation: Wow.

As for the involvement of higher-ups:

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

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

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

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

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

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

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

Fernandes declined to comment through a department spokeswoman.

Translation: Perez and Fernandes will have to go.

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

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

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

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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.

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Obama Justice Department Rocked

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Flotsam and Jetsam

Sounds like every pro-Israel organization and self-described pro-Israel candidate should be in agreement with Noah Pollak: “Congress funds 22 percent of the [UN Human Rights] Council’s activities. Is it right to collude in allowing a democratic ally to become an international punching bag for activists who are only prevented from treating us the same way by virtue of our greater power? And should the United States help promote the idea that one of the most important and effective national security tools we employ — targeted killings — is an act of state terrorism that must be prosecuted by international courts? … It is time that the administration abandoned the Council. And it is time that Congress stopped funding it.”

Sounds like Nixon: “The hypocrisy of the Obama Justice Department has reached staggering proportions on a host of issues stemming from the New Black Panther voter-intimidation case. Such systemic evasion of justice breeds lawlessness. The Justice Department’s latest thumb in the eye of its critics came in an Aug. 11 letter from Assistant Attorney General Thomas E. Perez to the U.S. Commission on Civil Rights.”

Sounds like the Big Apple is part of second America: “A majority of New Yorkers remain opposed to a mosque proposed as part of a planned Islamic cultural center near ground zero and the issue will be a factor for many voters this fall, according to a statewide poll released Wednesday. The Siena College poll showed 63 percent of New York voters surveyed oppose the project, with 27 percent supporting it.”

Sounds like the rest of California: “The city of Bell gave nearly $900,000 in loans to former City Administrator Robert Rizzo, city employees and at least two council members in the last several years, according to records reviewed by The Times. … The loans raise new questions about how officials were compensated in Bell. The Times revealed last month that top city administrators were among the highest paid in the nation, sparking outrage and investigations by both L.A. County prosecutors and the California attorney general. Rizzo’s contract for this year called for him to receive more than $1.5 million in salary and benefits. The loans appear to have come on top of that compensation.”

Sounds like Milton Friedman: “Almost every action the president has taken has deepened and lengthened the downturn. … His policies are anti-investment, anti-jobs, and anti-growth. Raising taxes — with a 15 percent hike on certain small business corporations, new taxes to pay for ObamaCare, and an increase on the dividend tax from 15 percent to nearly 40 percent — depresses new investment throughout the economy.” Worth reading in full; Mitt Romney appears ready to roll in 2012.

Sounds like Barney Frank is spitting mad: “President Obama, whom I greatly admire … when the economic recovery bill — we’re supposed to call it the ‘recovery bill,’ not the ‘stimulus’ bill; that’s what the focus groups tell us — he predicted or his aides predicted at the time that if it passed, unemployment would get under 8 percent. … That was a dumb thing to do.” Focus groups at the White House — how Clintonian!

Sounds like Charlie Crist is taking political lessons from Obama and Pelosi: “Crist recently refunded a $9,600 contribution from Jim Greer, the indicted former Republican Party of Florida chairman. ‘He asked for it back, so I gave it to him,’ said Crist. But Crist said that doesn’t apply to anyone who asks for a refund. Asked what was different about Greer, Crist said, ‘I think he really needed it.'” The rest of the donors will just spend it on dumb things like groceries, mortgages, family vacations, and Marco Rubio, you see.

Sounds like every pro-Israel organization and self-described pro-Israel candidate should be in agreement with Noah Pollak: “Congress funds 22 percent of the [UN Human Rights] Council’s activities. Is it right to collude in allowing a democratic ally to become an international punching bag for activists who are only prevented from treating us the same way by virtue of our greater power? And should the United States help promote the idea that one of the most important and effective national security tools we employ — targeted killings — is an act of state terrorism that must be prosecuted by international courts? … It is time that the administration abandoned the Council. And it is time that Congress stopped funding it.”

Sounds like Nixon: “The hypocrisy of the Obama Justice Department has reached staggering proportions on a host of issues stemming from the New Black Panther voter-intimidation case. Such systemic evasion of justice breeds lawlessness. The Justice Department’s latest thumb in the eye of its critics came in an Aug. 11 letter from Assistant Attorney General Thomas E. Perez to the U.S. Commission on Civil Rights.”

Sounds like the Big Apple is part of second America: “A majority of New Yorkers remain opposed to a mosque proposed as part of a planned Islamic cultural center near ground zero and the issue will be a factor for many voters this fall, according to a statewide poll released Wednesday. The Siena College poll showed 63 percent of New York voters surveyed oppose the project, with 27 percent supporting it.”

Sounds like the rest of California: “The city of Bell gave nearly $900,000 in loans to former City Administrator Robert Rizzo, city employees and at least two council members in the last several years, according to records reviewed by The Times. … The loans raise new questions about how officials were compensated in Bell. The Times revealed last month that top city administrators were among the highest paid in the nation, sparking outrage and investigations by both L.A. County prosecutors and the California attorney general. Rizzo’s contract for this year called for him to receive more than $1.5 million in salary and benefits. The loans appear to have come on top of that compensation.”

Sounds like Milton Friedman: “Almost every action the president has taken has deepened and lengthened the downturn. … His policies are anti-investment, anti-jobs, and anti-growth. Raising taxes — with a 15 percent hike on certain small business corporations, new taxes to pay for ObamaCare, and an increase on the dividend tax from 15 percent to nearly 40 percent — depresses new investment throughout the economy.” Worth reading in full; Mitt Romney appears ready to roll in 2012.

Sounds like Barney Frank is spitting mad: “President Obama, whom I greatly admire … when the economic recovery bill — we’re supposed to call it the ‘recovery bill,’ not the ‘stimulus’ bill; that’s what the focus groups tell us — he predicted or his aides predicted at the time that if it passed, unemployment would get under 8 percent. … That was a dumb thing to do.” Focus groups at the White House — how Clintonian!

Sounds like Charlie Crist is taking political lessons from Obama and Pelosi: “Crist recently refunded a $9,600 contribution from Jim Greer, the indicted former Republican Party of Florida chairman. ‘He asked for it back, so I gave it to him,’ said Crist. But Crist said that doesn’t apply to anyone who asks for a refund. Asked what was different about Greer, Crist said, ‘I think he really needed it.'” The rest of the donors will just spend it on dumb things like groceries, mortgages, family vacations, and Marco Rubio, you see.

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Obstruction of Justice

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

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

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

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

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

The commission also adopted the following:

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

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

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

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

The last option would surely be popular with congressional Democrats.

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

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

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

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

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

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

The commission also adopted the following:

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

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

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

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

The last option would surely be popular with congressional Democrats.

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

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Please, Mr. Attorney General, Stop Obstructing Justice

From the onset of the New Black Panther Party scandal, the Obama Justice Department has refused to allow percipient witnesses, including the trial team, to testify. Eric Holder has prevented those accused of quashing the voter-intimidation case and those who complained about the quashing to testify. J. Christian Adams had to quit his job in order to tell his story.

The U.S. Commission on Civil Rights is now challenging the mainstream-media canard — this is “small potatoes” — and pushing Holder to end the stonewalling. The chairman of the commission, Gerald Reynolds, wrote to Holder yesterday. The letter reads, in part:

Mr. Adams testified that there is hostility within the Civil Rights Division to the race neutral enforcement of civil rights protections, and that such hostility may be supported by statements of current political appointees in the Division. By way of example, his testimony indicated that career employees refused to work on the Ike Brown litigation (in which the court found that the voting rights of white and black voters had been violated by a black official) and, most importantly, that specific instructions were given to Mr. Chris] Coates [head of the Black Panther trial team] from Deputy Assistant Attorney General Julie Fernandes to the effect that “cases are not going to be brought against black defendants for the benefit of white victims; that if somebody wanted to bring these cases it was up to the U.S. Attorney, but the Civil Rights Division wasn’t going to be bringing it.”

Without waiving its rights to examine Department personnel in the future as to the decision making process in the New Black Panther Party litigation, the Commission will agree to limit Mr. Coates’s (initial) questioning to non-deliberative statements or actions relating to whether there is a policy and/or culture within the Department of discriminatory enforcement of civil rights laws and whether there is a policy not to enforce Section 8 of the National Voter Registration Act.

(And oh, by the way, the chief pooh-pooher on the commission, a Republican who’s now the darling of the left, “fearlessly” abstained from the vote to send the letter. What could possibly be the objection or the reason to take a pass — or have the facts simply become too overwhelming to dispute?)

To reiterate: we are talking about a serious allegation that Obama’s Justice Department refuses to enforce the civil rights laws without regard to the race of the defendant and — without any legal basis — is preventing a witness from testifying. If it were not for their partisan loyalty and desire to minimize a scandal they have ignored for far too long, the mainstream media and the punditocracy would be going nuts. Imagine if the Bush administration had refused to allow a key Justice Department attorney to testify as to why a Republican administration dropped a slam-dunk case against a white racist organization. It’s inconceivable that a Republican administration would attempt such a thing or that the media would yawn in response.

Let’s see what Holder’s excuse is now for blocking an inquiry into his department’s lawless conduct.

From the onset of the New Black Panther Party scandal, the Obama Justice Department has refused to allow percipient witnesses, including the trial team, to testify. Eric Holder has prevented those accused of quashing the voter-intimidation case and those who complained about the quashing to testify. J. Christian Adams had to quit his job in order to tell his story.

The U.S. Commission on Civil Rights is now challenging the mainstream-media canard — this is “small potatoes” — and pushing Holder to end the stonewalling. The chairman of the commission, Gerald Reynolds, wrote to Holder yesterday. The letter reads, in part:

Mr. Adams testified that there is hostility within the Civil Rights Division to the race neutral enforcement of civil rights protections, and that such hostility may be supported by statements of current political appointees in the Division. By way of example, his testimony indicated that career employees refused to work on the Ike Brown litigation (in which the court found that the voting rights of white and black voters had been violated by a black official) and, most importantly, that specific instructions were given to Mr. Chris] Coates [head of the Black Panther trial team] from Deputy Assistant Attorney General Julie Fernandes to the effect that “cases are not going to be brought against black defendants for the benefit of white victims; that if somebody wanted to bring these cases it was up to the U.S. Attorney, but the Civil Rights Division wasn’t going to be bringing it.”

Without waiving its rights to examine Department personnel in the future as to the decision making process in the New Black Panther Party litigation, the Commission will agree to limit Mr. Coates’s (initial) questioning to non-deliberative statements or actions relating to whether there is a policy and/or culture within the Department of discriminatory enforcement of civil rights laws and whether there is a policy not to enforce Section 8 of the National Voter Registration Act.

(And oh, by the way, the chief pooh-pooher on the commission, a Republican who’s now the darling of the left, “fearlessly” abstained from the vote to send the letter. What could possibly be the objection or the reason to take a pass — or have the facts simply become too overwhelming to dispute?)

To reiterate: we are talking about a serious allegation that Obama’s Justice Department refuses to enforce the civil rights laws without regard to the race of the defendant and — without any legal basis — is preventing a witness from testifying. If it were not for their partisan loyalty and desire to minimize a scandal they have ignored for far too long, the mainstream media and the punditocracy would be going nuts. Imagine if the Bush administration had refused to allow a key Justice Department attorney to testify as to why a Republican administration dropped a slam-dunk case against a white racist organization. It’s inconceivable that a Republican administration would attempt such a thing or that the media would yawn in response.

Let’s see what Holder’s excuse is now for blocking an inquiry into his department’s lawless conduct.

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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.”

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Stacking the Deck, Providing Cover

Face the Nation hosted a discussion on Sunday of the New Black Panther case. It was yet another obvious instance of shilling for the administration and covering for the media’s own abysmal delinquency in reporting on the case. The only guest who was remotely critical of the administration and who made any effort to argue that the case was serious and that the administration was stonewalling was John Fund. But his time was severely limited, and all he really offered was this:

JOHN FUND (Wall Street Journal): I know we don’t have all the facts because this Justice Department is stonewalling subpoenas issued by the U.S. Commission on Civil Rights. They even–

BOB SCHIEFFER: Big surprise.

JOHN FUND: –transferred one of the officials to South Carolina so he’s outside the jurisdiction of the Civil Rights Commission subpoenas. Look, two African-American poll watchers testified they were intimidated by these people. And this is part of a pattern —

BOB SCHIEFFER: But– but– no voter, John.

JOHN FUND: Well, we– we– we saw– we saw testimony that the voters said that they turned around and said they would came back. We don’t know if they ever came back. We do know that this is a pattern with the Justice Department. Kinston, North Carolina is a predominantly African-American city and voted to have non-partisan elections. The Justice Department said no, you can’t do that. You have to continue to give black voters the cue of Democrat versus Republican, so they’ll know who to vote for. And you go through it. Georgia. Georgia wanted to take social security data and verify the U.S. citizenship of people who were registering to vote. Justice Department said you couldn’t do that. There is a consistent politicization of the Justice Department. We just had a report clearing the Bush administration of illegality in the U.S. attorney’s case. I think that the Justice Department is clearly stonewalling these subpoenas because they have something to hide. Do I know exactly what they’re hiding? I don’t. And I just
want to say something about Mister West’s comments. I agree we’ve made great progress in race in this country.

Even that is incomplete and misleading. Poll workers, also protected under the Voting Rights Act, were intimidated and supplied affidavits attesting to the illegal behavior of the two Black Panthers at the polling place. Apparently, the U.S. Civil Rights commissioner who insists there was no evidence of intimidation wasn’t paying attention at the hearings. Had a more informed guest been allowed on the show, he or she might have explained:

For anyone who bothers to actually look at the record, the U.S. Commission on Civil Rights received direct evidence on that very issue. Those critics also miss the point that it is a crime to attempt to intimidate voters and anyone assisting voters, which would include poll watchers, and no one watching the videotape could come to any conclusion other than the New Black Panthers were trying to intimidate people at that poll in Philadelphia.

On the issue of poll watchers, one of the witnesses at the first hearing of the U.S. Commission on Civil Rights, Chris Hill, testified on that specific point and what happened when he got to the polling place. He was responding to a desperate phone call for help from one of the two black poll watchers who were stationed at the polling place. …

So there is witness testimony that both Black Panthers, including the one who was dismissed by the Justice Department, were physically threatening a poll watcher. And the witnesses made it clear that the two Black Panthers acted as a team, in concert, at the polling place. … Of course, no one knows if those voters ever came back – but we know for sure that they left without voting when Hill was there rather than try to get by the New Black Panthers. What is so odd about this is that Hill was then questioned about that testimony by Commissioner Abby Thernstrom, who has been one of the persons claiming there is no evidence that voters were kept from voting.

None of that was revealed on the show, and no one alluded to the multiple witnesses who claim that the Justice Department has shunned cases that don’t match the historical civil rights model (white bigots vs. minority victims). No one noted that the head of the Civil Rights Division has been accused of providing untruthful testimony on this point. Moreover, there was no discussion of Bob Schieffer’s own pathetic ignorance of the story for a year, nor any mention of how bizarre was his excuse that he missed the scandal: he was on vacation when a key witness testified.

This sort of display reinforces the impression that the media is biased and now dedicated to covering not only the Obami’s tracks but also its own.

Face the Nation hosted a discussion on Sunday of the New Black Panther case. It was yet another obvious instance of shilling for the administration and covering for the media’s own abysmal delinquency in reporting on the case. The only guest who was remotely critical of the administration and who made any effort to argue that the case was serious and that the administration was stonewalling was John Fund. But his time was severely limited, and all he really offered was this:

JOHN FUND (Wall Street Journal): I know we don’t have all the facts because this Justice Department is stonewalling subpoenas issued by the U.S. Commission on Civil Rights. They even–

BOB SCHIEFFER: Big surprise.

JOHN FUND: –transferred one of the officials to South Carolina so he’s outside the jurisdiction of the Civil Rights Commission subpoenas. Look, two African-American poll watchers testified they were intimidated by these people. And this is part of a pattern —

BOB SCHIEFFER: But– but– no voter, John.

JOHN FUND: Well, we– we– we saw– we saw testimony that the voters said that they turned around and said they would came back. We don’t know if they ever came back. We do know that this is a pattern with the Justice Department. Kinston, North Carolina is a predominantly African-American city and voted to have non-partisan elections. The Justice Department said no, you can’t do that. You have to continue to give black voters the cue of Democrat versus Republican, so they’ll know who to vote for. And you go through it. Georgia. Georgia wanted to take social security data and verify the U.S. citizenship of people who were registering to vote. Justice Department said you couldn’t do that. There is a consistent politicization of the Justice Department. We just had a report clearing the Bush administration of illegality in the U.S. attorney’s case. I think that the Justice Department is clearly stonewalling these subpoenas because they have something to hide. Do I know exactly what they’re hiding? I don’t. And I just
want to say something about Mister West’s comments. I agree we’ve made great progress in race in this country.

Even that is incomplete and misleading. Poll workers, also protected under the Voting Rights Act, were intimidated and supplied affidavits attesting to the illegal behavior of the two Black Panthers at the polling place. Apparently, the U.S. Civil Rights commissioner who insists there was no evidence of intimidation wasn’t paying attention at the hearings. Had a more informed guest been allowed on the show, he or she might have explained:

For anyone who bothers to actually look at the record, the U.S. Commission on Civil Rights received direct evidence on that very issue. Those critics also miss the point that it is a crime to attempt to intimidate voters and anyone assisting voters, which would include poll watchers, and no one watching the videotape could come to any conclusion other than the New Black Panthers were trying to intimidate people at that poll in Philadelphia.

On the issue of poll watchers, one of the witnesses at the first hearing of the U.S. Commission on Civil Rights, Chris Hill, testified on that specific point and what happened when he got to the polling place. He was responding to a desperate phone call for help from one of the two black poll watchers who were stationed at the polling place. …

So there is witness testimony that both Black Panthers, including the one who was dismissed by the Justice Department, were physically threatening a poll watcher. And the witnesses made it clear that the two Black Panthers acted as a team, in concert, at the polling place. … Of course, no one knows if those voters ever came back – but we know for sure that they left without voting when Hill was there rather than try to get by the New Black Panthers. What is so odd about this is that Hill was then questioned about that testimony by Commissioner Abby Thernstrom, who has been one of the persons claiming there is no evidence that voters were kept from voting.

None of that was revealed on the show, and no one alluded to the multiple witnesses who claim that the Justice Department has shunned cases that don’t match the historical civil rights model (white bigots vs. minority victims). No one noted that the head of the Civil Rights Division has been accused of providing untruthful testimony on this point. Moreover, there was no discussion of Bob Schieffer’s own pathetic ignorance of the story for a year, nor any mention of how bizarre was his excuse that he missed the scandal: he was on vacation when a key witness testified.

This sort of display reinforces the impression that the media is biased and now dedicated to covering not only the Obami’s tracks but also its own.

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NBC Catches Up on New Black Panther Case

As did the rest of the mainstream media, NBC News has ignored the New Black Panther voter intimidation case. Last night it finally aired a story. You can view the report here. For reasons that are not clear, Pete Williams omitted any mention of the most incendiary evidence, namely the testimony of multiple witnesses that the Obama Justice Department is averse to filing civil rights claims against minorities. Likewise, he failed to mention that the Obama Justice Department has tried to prevent the trial team from testifying or that there is evidence suggesting that a top Justice Department official, Thomas Perez, provided misleading testimony under oath. For NBC News to have done so would have entirely undermined the naysayers, who declare that this a trivial matter. But if you try to cram a year of reporting into a three-minute piece, a lot goes unsaid.

As an aside, more than one of these “catch up” pieces has asserted that there was no real racial intimidation at the polling place. This is wrong as a factual matter. Before the U.S. Commission on Civil Rights, testimony was heard that two of the defendants tried to block the door when Chris Hill, a certified poll watcher, was going inside, but he walked past them. King Samir Shabazz yelled racial epithets at white poll watchers. There were eyewitnesses who testified that they saw voters turn away in fear at the sight of the Panthers, who were themselves blocked by the Panthers from entering the polls, and who talked to African-American Republicans, who were called race traitors.

It’s curious that the mainstream media, after ignoring the case, now seem to be making an effort to ignore key evidence and narrow the focus of the scandal. After all, if it was a really big, obvious, and far-reaching scandal, people would want to know where the liberal media have been all this time.

As did the rest of the mainstream media, NBC News has ignored the New Black Panther voter intimidation case. Last night it finally aired a story. You can view the report here. For reasons that are not clear, Pete Williams omitted any mention of the most incendiary evidence, namely the testimony of multiple witnesses that the Obama Justice Department is averse to filing civil rights claims against minorities. Likewise, he failed to mention that the Obama Justice Department has tried to prevent the trial team from testifying or that there is evidence suggesting that a top Justice Department official, Thomas Perez, provided misleading testimony under oath. For NBC News to have done so would have entirely undermined the naysayers, who declare that this a trivial matter. But if you try to cram a year of reporting into a three-minute piece, a lot goes unsaid.

As an aside, more than one of these “catch up” pieces has asserted that there was no real racial intimidation at the polling place. This is wrong as a factual matter. Before the U.S. Commission on Civil Rights, testimony was heard that two of the defendants tried to block the door when Chris Hill, a certified poll watcher, was going inside, but he walked past them. King Samir Shabazz yelled racial epithets at white poll watchers. There were eyewitnesses who testified that they saw voters turn away in fear at the sight of the Panthers, who were themselves blocked by the Panthers from entering the polls, and who talked to African-American Republicans, who were called race traitors.

It’s curious that the mainstream media, after ignoring the case, now seem to be making an effort to ignore key evidence and narrow the focus of the scandal. After all, if it was a really big, obvious, and far-reaching scandal, people would want to know where the liberal media have been all this time.

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Did Thomas Perez Testify Truthfully?

J. Christian Adams, the former Justice Department attorney who was a key member of its New Black Panther litigation team, made a splash when he testified that the Civil Rights Division under Obama is hostile to filing civil rights cases that don’t follow the historic pattern — i.e., a white defendant violating minorities’ rights. (Helpful summaries are found here and here.) It is, if accurate, far more explosive than the dismissal of an isolated case, as egregious as the withdrawal of a default judgment against the New Black Panthers was.

The notion that civil rights laws can’t or shouldn’t be used against a minority defendant who seeks to deprive others of their civil rights is noxious to most Americans. According to Adams’s testimony, however, it is a commonplace at the Justice Department and was articulated by Julie Fernandes, the Deputy Assistant Attorney General for Civil Rights.

Moreover, it raises a question as to whether Thomas Perez was being truthful to Congress and to the U.S. Commission on Civil Rights when he testified under oath that he was unaware of any such sentiments. Before the Commission, Adams testified: “But Mr. Chris Coates and I and [Robert] Popper went and met with him the day before he testified here for about an hour, and we laid out all of our arguments and begged him not to testify inaccurately about the case.” He nevertheless testified that the case was unsupported by the law and the facts, and suggested the lawyers may have violated Rule 11, which provides for sanctions in the event of a frivolous legal action.

But that’s not all. A knowledgeable source tells me that at that same meeting, trial team head Chris Coates, who participated in the meeting by phone, explicitly warned him that there was a deep hostility to race-neutral enforcement of the law and he provided details to Perez. Sitting in the room with Perez were Adams and Popper. Perez had aides who were taking notes in the room. Nevertheless, under oath and before Congress and the Commission, Perez testified that he was unaware of such sentiments. If, indeed, he was briefed and then delivered this testimony, then he misled Congress and the Commission.

Now did he conduct a thorough investigation and find Coates unpersuasive? Well, the testimony before the Commission was the next day and I doubt there was time to commence — let alone complete — such an inquiry. Moreover, he denied having heard about such allegations. If he had been briefed the day before, this was patently untrue.

It is time for Congress to exercise appropriate oversight and get to the bottom of this issue. Moreover, since the Justice Department can’t investigate itself, I don’t see why a special prosecutor isn’t in order.

Now, two additional former DOJ attorneys have come forward to corroborate the hostility toward colorblind enforcement. Their affidavits can be read here. The witnesses are piling up and the stonewall is turning to rubble. We may finally be getting to the reason why Eric Holder’s Justice Department has done everything possible to keep members of the trial team from testifying. Their exposure is much greater than one case.

J. Christian Adams, the former Justice Department attorney who was a key member of its New Black Panther litigation team, made a splash when he testified that the Civil Rights Division under Obama is hostile to filing civil rights cases that don’t follow the historic pattern — i.e., a white defendant violating minorities’ rights. (Helpful summaries are found here and here.) It is, if accurate, far more explosive than the dismissal of an isolated case, as egregious as the withdrawal of a default judgment against the New Black Panthers was.

The notion that civil rights laws can’t or shouldn’t be used against a minority defendant who seeks to deprive others of their civil rights is noxious to most Americans. According to Adams’s testimony, however, it is a commonplace at the Justice Department and was articulated by Julie Fernandes, the Deputy Assistant Attorney General for Civil Rights.

Moreover, it raises a question as to whether Thomas Perez was being truthful to Congress and to the U.S. Commission on Civil Rights when he testified under oath that he was unaware of any such sentiments. Before the Commission, Adams testified: “But Mr. Chris Coates and I and [Robert] Popper went and met with him the day before he testified here for about an hour, and we laid out all of our arguments and begged him not to testify inaccurately about the case.” He nevertheless testified that the case was unsupported by the law and the facts, and suggested the lawyers may have violated Rule 11, which provides for sanctions in the event of a frivolous legal action.

But that’s not all. A knowledgeable source tells me that at that same meeting, trial team head Chris Coates, who participated in the meeting by phone, explicitly warned him that there was a deep hostility to race-neutral enforcement of the law and he provided details to Perez. Sitting in the room with Perez were Adams and Popper. Perez had aides who were taking notes in the room. Nevertheless, under oath and before Congress and the Commission, Perez testified that he was unaware of such sentiments. If, indeed, he was briefed and then delivered this testimony, then he misled Congress and the Commission.

Now did he conduct a thorough investigation and find Coates unpersuasive? Well, the testimony before the Commission was the next day and I doubt there was time to commence — let alone complete — such an inquiry. Moreover, he denied having heard about such allegations. If he had been briefed the day before, this was patently untrue.

It is time for Congress to exercise appropriate oversight and get to the bottom of this issue. Moreover, since the Justice Department can’t investigate itself, I don’t see why a special prosecutor isn’t in order.

Now, two additional former DOJ attorneys have come forward to corroborate the hostility toward colorblind enforcement. Their affidavits can be read here. The witnesses are piling up and the stonewall is turning to rubble. We may finally be getting to the reason why Eric Holder’s Justice Department has done everything possible to keep members of the trial team from testifying. Their exposure is much greater than one case.

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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.

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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.

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DOJ Trial Attorney on Black Panther Case Resigns

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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.

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RE: No Executive Privilege Invoked

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

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

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

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

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

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

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

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

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

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

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

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

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No Executive Privilege Invoked by White House in Black Panther Case

The U.S. Commission on Civil Rights resumes its hearings tomorrow. On tap will be civil rights division chief Thomas Perez. Today the commission sent a letter to two Justice Department officials, which reads in part:

[T]his is to confirm your representation that there has been no formal assertion of executive privilege with regard to any of the items sought by the Commission pursuant to its discovery requests. As discussed, this matter needs to be clarified. In its response to the Commission’s discovery requests, the Department claimed deliberative process privilege with regard to the materials sought. As recognized by the courts, the deliberative process privilege is a subset of executive privilege and “does not shield documents that simply state or explain a decision the government has already made or protect the material that is purely factual, unless the material is so inextricably intertwined with the deliberative sections of documents that its disclosure would inevitably reveal the government’s deliberations.” See In re Sealed Case, 326 U.S. App. D.C. 276, 284, 121 F.3d 729, 737 (1997).

In short, the Justice Department can’t have it both ways. If Obama has not invoked executive privilege, there is no legal basis for refusing any requested documents or for declining to answer the commission’s questions completely. In prior correspondence to the Justice Department, the commission cited binding precedent from the Office of Legal Counsel — which presumably has not changed its view since Eric Holder arrived — that unless the president or a top official invokes executive privilege, there is no other statutory or common law basis available to the department that would justify refusing to disclose information. And indeed, there is a federal law requiring the executive branch to co-operate with the commission’s work.

So what will Perez do tomorrow? It remains to be seen whether he will continue to stonewall as the commission presses for a detailed explanation as to why the case was dismissed and who played a role in ordering the dismissal. Will he suggest that the department’s trial team of lawyers was incompetent or derelict in bringing the case against the New Black Panther Party? Surely the professional staff at Justice, including those attorneys in the appellate section that endorsed the trial team’s recommendation, would find that quite shocking. And if those career lawyers were not mistaken in their assessment of the law and the facts, then what was the basis for dismissing the case? Moreover, is this Justice Department committed to enforcing the civil rights laws even when minorities are the perpetrators of voter intimidation? It should be an interesting proceeding tomorrow.

The U.S. Commission on Civil Rights resumes its hearings tomorrow. On tap will be civil rights division chief Thomas Perez. Today the commission sent a letter to two Justice Department officials, which reads in part:

[T]his is to confirm your representation that there has been no formal assertion of executive privilege with regard to any of the items sought by the Commission pursuant to its discovery requests. As discussed, this matter needs to be clarified. In its response to the Commission’s discovery requests, the Department claimed deliberative process privilege with regard to the materials sought. As recognized by the courts, the deliberative process privilege is a subset of executive privilege and “does not shield documents that simply state or explain a decision the government has already made or protect the material that is purely factual, unless the material is so inextricably intertwined with the deliberative sections of documents that its disclosure would inevitably reveal the government’s deliberations.” See In re Sealed Case, 326 U.S. App. D.C. 276, 284, 121 F.3d 729, 737 (1997).

In short, the Justice Department can’t have it both ways. If Obama has not invoked executive privilege, there is no legal basis for refusing any requested documents or for declining to answer the commission’s questions completely. In prior correspondence to the Justice Department, the commission cited binding precedent from the Office of Legal Counsel — which presumably has not changed its view since Eric Holder arrived — that unless the president or a top official invokes executive privilege, there is no other statutory or common law basis available to the department that would justify refusing to disclose information. And indeed, there is a federal law requiring the executive branch to co-operate with the commission’s work.

So what will Perez do tomorrow? It remains to be seen whether he will continue to stonewall as the commission presses for a detailed explanation as to why the case was dismissed and who played a role in ordering the dismissal. Will he suggest that the department’s trial team of lawyers was incompetent or derelict in bringing the case against the New Black Panther Party? Surely the professional staff at Justice, including those attorneys in the appellate section that endorsed the trial team’s recommendation, would find that quite shocking. And if those career lawyers were not mistaken in their assessment of the law and the facts, then what was the basis for dismissing the case? Moreover, is this Justice Department committed to enforcing the civil rights laws even when minorities are the perpetrators of voter intimidation? It should be an interesting proceeding tomorrow.

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