Commentary Magazine


Topic: U.S. Commission

Flotsam and Jetsam

The exception to the rule that I never mention poetry.

Dan Coats takes a big lead in Indiana. “Newly chosen Republican nominee Dan Coats earns 51% support while his Democratic rival Brad Ellsworth’s attracts 36% in the first Rasmussen Reports telephone survey of the Indiana Senate race following Tuesday’s GOP Primary.”

A huge majority — 60 to 32 percent — still favor offshore drilling. And that’s in the Daily Kos poll.

When more people get hired, more enter the job market, and there aren’t enough new jobs to absorb them. So despite 290,000 new jobs: “The unemployment rate, however, crept up to 9.9 percent in April from 9.7 percent in March, mostly the government said, because about 805,000 people joined the labor force either working or looking for work. Yet in a sign that many will not be able to find a job even as the economy improves, the number of people who have been out of work for more than six months hit 6.7 million, nearly 46 percent of the unemployed.”

The result of 15 months of Obama’s Iran policy: “Iran will not stop enriching uranium and has a right to pursue atomic technology, the country’s foreign minister told UN Security Council diplomats at a private dinner. A US official familiar with Thursday night’s meeting in New York told The Associated Press that Manouchehr Mottaki was defiant in the face of demands that Iran halt the process that can produce fuel for a nuclear weapon. … Mottaki said Iran would not suspend uranium enrichment, according to the US official. The foreign minister said that position was firm and would not change even if Iran accepted a proposal to send uranium from a medical research reactor in Teheran abroad for reprocessing, the official said Friday.”

Maybe it is because, as Israel’s UN Ambassador says, the sanctions under contemplation “are not going to be crippling. … They’re not even going to be biting. … They’re going to be moderate, watered down, diluted.”

Eric Holder only allows career employees with nice things to say about the administration to speak up. “So here were two customs officers speaking on national television about what they did in this case, revealing to the world (and any terrorist networks) the strengths and weaknesses of our airline-security system. They obviously could not appear without having gotten permission from the highest levels of the Department of Homeland Security and the Justice Department, which is handling the prosecution of this case. Yet Eric Holder refuses to let his front-line Voting Section employees talk about what happened in the New Black Panther case (even purely factual matters having nothing to due with any DOJ deliberations), unlawfully defying subpoenas from the U.S. Commission on Civil Rights.”

Ronald Brownstein is surprised: “The great political surprise of Obama’s presidency is that amid these hard times, the electorate has directed its frustration less against Big Business (though it is hardly popular) than against Big Government, especially as Obama has aggressively expanded Washington’s reach in response to the economic crisis.” I think it’s because Obama has aggressively expanded Washington’s reach.

The exception to the rule that I never mention poetry.

Dan Coats takes a big lead in Indiana. “Newly chosen Republican nominee Dan Coats earns 51% support while his Democratic rival Brad Ellsworth’s attracts 36% in the first Rasmussen Reports telephone survey of the Indiana Senate race following Tuesday’s GOP Primary.”

A huge majority — 60 to 32 percent — still favor offshore drilling. And that’s in the Daily Kos poll.

When more people get hired, more enter the job market, and there aren’t enough new jobs to absorb them. So despite 290,000 new jobs: “The unemployment rate, however, crept up to 9.9 percent in April from 9.7 percent in March, mostly the government said, because about 805,000 people joined the labor force either working or looking for work. Yet in a sign that many will not be able to find a job even as the economy improves, the number of people who have been out of work for more than six months hit 6.7 million, nearly 46 percent of the unemployed.”

The result of 15 months of Obama’s Iran policy: “Iran will not stop enriching uranium and has a right to pursue atomic technology, the country’s foreign minister told UN Security Council diplomats at a private dinner. A US official familiar with Thursday night’s meeting in New York told The Associated Press that Manouchehr Mottaki was defiant in the face of demands that Iran halt the process that can produce fuel for a nuclear weapon. … Mottaki said Iran would not suspend uranium enrichment, according to the US official. The foreign minister said that position was firm and would not change even if Iran accepted a proposal to send uranium from a medical research reactor in Teheran abroad for reprocessing, the official said Friday.”

Maybe it is because, as Israel’s UN Ambassador says, the sanctions under contemplation “are not going to be crippling. … They’re not even going to be biting. … They’re going to be moderate, watered down, diluted.”

Eric Holder only allows career employees with nice things to say about the administration to speak up. “So here were two customs officers speaking on national television about what they did in this case, revealing to the world (and any terrorist networks) the strengths and weaknesses of our airline-security system. They obviously could not appear without having gotten permission from the highest levels of the Department of Homeland Security and the Justice Department, which is handling the prosecution of this case. Yet Eric Holder refuses to let his front-line Voting Section employees talk about what happened in the New Black Panther case (even purely factual matters having nothing to due with any DOJ deliberations), unlawfully defying subpoenas from the U.S. Commission on Civil Rights.”

Ronald Brownstein is surprised: “The great political surprise of Obama’s presidency is that amid these hard times, the electorate has directed its frustration less against Big Business (though it is hardly popular) than against Big Government, especially as Obama has aggressively expanded Washington’s reach in response to the economic crisis.” I think it’s because Obama has aggressively expanded Washington’s reach.

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Why Don’t Liberals Care About Voter Intimidation?

Hans Von Spakovsky, a former counsel to the assistant attorney general for civil rights, provides a helpful summary of Friday’s U.S. Commission on Civil Rights hearing on the New Black Panther case. As he notes, it seems that Democrats don’t care much for the notion that the Justice Department should vigorously pursue a case of obvious and extreme voter intimidation that occurred at a Philadelphia polling place on Election Day 2008. He writes:

The Democratic commissioners, especially Michael Yaki, a former Pelosi staffer, tried to minimize what happened in Philadelphia; he even said at one point that there may have been no more than a couple of people who were turned away. Yaki was unable to produce any evidence that would support that assertion.

Yaki’s Democratic colleague Arlan Melendez claimed the investigation was a waste of time and resources. According to him, everyone should just take the DOJ’s word that the case was meritless. Most of the other commissioners pointed out that the commission has a special mandate to protect voting rights and that not only was the Justice Department’s dismissal of this case inexplicable, but its refusal to provide information, documents, or witnesses violated the law in general and specifically its responsibility not to engage in selective enforcement.

Even after video and compelling testimony by veteran civil rights activist Bartle Bull and former deputy associate attorney general Greg Katsas left little doubt as to the egregious behavior of the New Black Panthers, the Democrats were unmoved:

The most amusing part of the hearing was watching Commissioner Yaki try to run interference for the Obama administration. Yaki was clearly unhappy to have the administration’s dirty linen dragged out into the public arena, and he did his best to try to cross up witnesses like Bull and Katsas when he was questioning them. Yaki obviously believes he’s a very smart lawyer, but Bull and Katsas both ran rings around him. Bull, who did an outstanding job of pointing out how outrageously the Panthers had acted in Philadelphia and how wrong the Justice Department was in dismissing this lawsuit. Imagine for a moment if members of a white supremacist group had shown up in paramilitary uniforms with swastikas at a polling place, and yet the Justice Department dropped a voter-intimidation lawsuit it had already won against the group. The hearing room at the commission would have been swarming with news crews, and C-SPAN would surely have covered the hearing live. However, none of that happened. C-SPAN wasn’t there, and neither was a single one of the national cable-news channels.

There really is no other explanation than the obvious one: the Obama Justice Department — aided and encouraged by their Democratic handmaidens on the commission, a compliant liberal media, and a chorus of professional civil rights activists – simply doesn’t believe that voter intimidation can be perpetrated by African-Americans. It is a “waste of time” in their minds to pursue the New Black Panthers because the “real” job of the Justice Department’s Civil Rights Division is going after white racists. The laws are on the books to protect minorities and minorities only, they are convinced. We know from Chris Coates, a trial lawyer on the case, that this thinking is pervasive in the department. And Yaki inadvertently confirmed as much by his behavior at the hearing.

The head of the civil rights division, Thomas Perez, is due to testify before the commission in May. The commissioners should ask him about the seeming refusal of his department to fully and fairly apply the civil rights laws to all Americans. He will need to tread a careful line — too candid and he risks creating a firestorm (as average Americans don’t buy the idea that laws are there only for particular racial groups); too disingenuous and he risks offending the civil rights lobby. It will be interesting to watch.

Hans Von Spakovsky, a former counsel to the assistant attorney general for civil rights, provides a helpful summary of Friday’s U.S. Commission on Civil Rights hearing on the New Black Panther case. As he notes, it seems that Democrats don’t care much for the notion that the Justice Department should vigorously pursue a case of obvious and extreme voter intimidation that occurred at a Philadelphia polling place on Election Day 2008. He writes:

The Democratic commissioners, especially Michael Yaki, a former Pelosi staffer, tried to minimize what happened in Philadelphia; he even said at one point that there may have been no more than a couple of people who were turned away. Yaki was unable to produce any evidence that would support that assertion.

Yaki’s Democratic colleague Arlan Melendez claimed the investigation was a waste of time and resources. According to him, everyone should just take the DOJ’s word that the case was meritless. Most of the other commissioners pointed out that the commission has a special mandate to protect voting rights and that not only was the Justice Department’s dismissal of this case inexplicable, but its refusal to provide information, documents, or witnesses violated the law in general and specifically its responsibility not to engage in selective enforcement.

Even after video and compelling testimony by veteran civil rights activist Bartle Bull and former deputy associate attorney general Greg Katsas left little doubt as to the egregious behavior of the New Black Panthers, the Democrats were unmoved:

The most amusing part of the hearing was watching Commissioner Yaki try to run interference for the Obama administration. Yaki was clearly unhappy to have the administration’s dirty linen dragged out into the public arena, and he did his best to try to cross up witnesses like Bull and Katsas when he was questioning them. Yaki obviously believes he’s a very smart lawyer, but Bull and Katsas both ran rings around him. Bull, who did an outstanding job of pointing out how outrageously the Panthers had acted in Philadelphia and how wrong the Justice Department was in dismissing this lawsuit. Imagine for a moment if members of a white supremacist group had shown up in paramilitary uniforms with swastikas at a polling place, and yet the Justice Department dropped a voter-intimidation lawsuit it had already won against the group. The hearing room at the commission would have been swarming with news crews, and C-SPAN would surely have covered the hearing live. However, none of that happened. C-SPAN wasn’t there, and neither was a single one of the national cable-news channels.

There really is no other explanation than the obvious one: the Obama Justice Department — aided and encouraged by their Democratic handmaidens on the commission, a compliant liberal media, and a chorus of professional civil rights activists – simply doesn’t believe that voter intimidation can be perpetrated by African-Americans. It is a “waste of time” in their minds to pursue the New Black Panthers because the “real” job of the Justice Department’s Civil Rights Division is going after white racists. The laws are on the books to protect minorities and minorities only, they are convinced. We know from Chris Coates, a trial lawyer on the case, that this thinking is pervasive in the department. And Yaki inadvertently confirmed as much by his behavior at the hearing.

The head of the civil rights division, Thomas Perez, is due to testify before the commission in May. The commissioners should ask him about the seeming refusal of his department to fully and fairly apply the civil rights laws to all Americans. He will need to tread a careful line — too candid and he risks creating a firestorm (as average Americans don’t buy the idea that laws are there only for particular racial groups); too disingenuous and he risks offending the civil rights lobby. It will be interesting to watch.

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New Black Panther Documents: Appellate Experts Overridden

At the heart of the New Black Panther Party case is a basic question: were the Justice Department trial lawyers ordered to withdraw the default judgment for proper, legal reasons (i.e., the trial team had erroneously pursued the case) or for improper, political reasons? At the Friday hearing before the U.S. Commission on Civil Rights, Rep. Frank Wolf submitted with his testimony some internal Justice Department documents, including an internal memorandum from the Civil Rights Division’s appellate section, which was asked to weigh in by the Voting Rights Section. In a memo dated May 13, 2009 (just days before the Obama administration ordered the case pulled), the appellate lawyers offered their own opinion of the case. They included this in their summary:

We can make reasonable arguments in favor of default relief against all defendants and probably should, given the unusual procedural situation. The argument may well not succeed at the default stage, and we should expect the district court to schedule further proceedings But it would be curious not to pray for the relief on the default that we would seek following trial. Thus, we generally concur in Voting’s recommendation to go forward, with some suggested modifications in our argument, as set forth below.

Translation: the Voting Sections lawyers should go for it. This recommendation was overridden by the Obama administration. And the question we return to again and again is this: why did the Obama team reject the advice of not only the trial team of career lawyers but also of the experts in the appellate section? What infirmity did only the Obama team spot that somehow had eluded all these experienced voting-rights gurus? Well, we don’t know. The Obama administration so far has refused to permit the trial attorneys to testify to shed further light on what pressure they were subjected to and what they were told was the rationale for the dismissal. So for now, the mystery — and the stonewall — continues.

At the heart of the New Black Panther Party case is a basic question: were the Justice Department trial lawyers ordered to withdraw the default judgment for proper, legal reasons (i.e., the trial team had erroneously pursued the case) or for improper, political reasons? At the Friday hearing before the U.S. Commission on Civil Rights, Rep. Frank Wolf submitted with his testimony some internal Justice Department documents, including an internal memorandum from the Civil Rights Division’s appellate section, which was asked to weigh in by the Voting Rights Section. In a memo dated May 13, 2009 (just days before the Obama administration ordered the case pulled), the appellate lawyers offered their own opinion of the case. They included this in their summary:

We can make reasonable arguments in favor of default relief against all defendants and probably should, given the unusual procedural situation. The argument may well not succeed at the default stage, and we should expect the district court to schedule further proceedings But it would be curious not to pray for the relief on the default that we would seek following trial. Thus, we generally concur in Voting’s recommendation to go forward, with some suggested modifications in our argument, as set forth below.

Translation: the Voting Sections lawyers should go for it. This recommendation was overridden by the Obama administration. And the question we return to again and again is this: why did the Obama team reject the advice of not only the trial team of career lawyers but also of the experts in the appellate section? What infirmity did only the Obama team spot that somehow had eluded all these experienced voting-rights gurus? Well, we don’t know. The Obama administration so far has refused to permit the trial attorneys to testify to shed further light on what pressure they were subjected to and what they were told was the rationale for the dismissal. So for now, the mystery — and the stonewall — continues.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Flotsam and Jetsam

At last — conferees have been selected for the Iran sanctions legislation.

The U.S. Commission on Civil Rights begins to pull back the curtain on the New Black Panther case. The hearing begins today.

Didn’t we reset our relationship? A “spokesman for the Russian foreign ministry on Thursday criticized US plans to station missiles near Poland’s border with Russia, the Interfax news agency reported.” It seems that U.S. concessions beget only more Russian demands.

Nicholas Kristof learns that Obama’s a no-show on human rights. “Until he reached the White House, Barack Obama repeatedly insisted that the United States apply more pressure on Sudan so as to avoid a humanitarian catastrophe in Darfur and elsewhere. Yet, as president, Mr. Obama and his aides have caved, leaving Sudan gloating at American weakness. Western monitors, Sudanese journalists and local civil society groups have all found this month’s Sudanese elections to be deeply flawed — yet Mr. Obama’s special envoy for Sudan, Maj. Gen. Scott Gration, pre-emptively defended the elections, saying they would be ‘as free and as fair as possible.’”

Michael Steele may have finally overstayed his welcome in the RNC. After all, he says there is “no reason” for African Americans to vote Republican. Well, sometimes it’s hard to figure out which party he’s chairman of.

I think this is the point: “Sen. Lindsey Graham (R-S.C.) on Thursday said the Senate is not ready to tackle immigration reform and that bringing a bill forward would be ‘CYA politics.’ … Graham also said moving ahead with immigration would scuttle the Senate’s capacity to deal with climate legislation. ‘It destroys the ability to do something like energy and climate,’ he told reporters in the Capitol.” Sounds good!

Enough with the Bush-bashing: “Most American voters think it is time for the Obama administration to start taking responsibility for the way things are going in the country. A Fox News poll released Thursday finds 66 percent of voters think President Obama should start taking responsibility. That’s more than three times as many as the 21 percent who think it’s right to continue to blame the Bush administration for the way things are going today.”

At last — conferees have been selected for the Iran sanctions legislation.

The U.S. Commission on Civil Rights begins to pull back the curtain on the New Black Panther case. The hearing begins today.

Didn’t we reset our relationship? A “spokesman for the Russian foreign ministry on Thursday criticized US plans to station missiles near Poland’s border with Russia, the Interfax news agency reported.” It seems that U.S. concessions beget only more Russian demands.

Nicholas Kristof learns that Obama’s a no-show on human rights. “Until he reached the White House, Barack Obama repeatedly insisted that the United States apply more pressure on Sudan so as to avoid a humanitarian catastrophe in Darfur and elsewhere. Yet, as president, Mr. Obama and his aides have caved, leaving Sudan gloating at American weakness. Western monitors, Sudanese journalists and local civil society groups have all found this month’s Sudanese elections to be deeply flawed — yet Mr. Obama’s special envoy for Sudan, Maj. Gen. Scott Gration, pre-emptively defended the elections, saying they would be ‘as free and as fair as possible.’”

Michael Steele may have finally overstayed his welcome in the RNC. After all, he says there is “no reason” for African Americans to vote Republican. Well, sometimes it’s hard to figure out which party he’s chairman of.

I think this is the point: “Sen. Lindsey Graham (R-S.C.) on Thursday said the Senate is not ready to tackle immigration reform and that bringing a bill forward would be ‘CYA politics.’ … Graham also said moving ahead with immigration would scuttle the Senate’s capacity to deal with climate legislation. ‘It destroys the ability to do something like energy and climate,’ he told reporters in the Capitol.” Sounds good!

Enough with the Bush-bashing: “Most American voters think it is time for the Obama administration to start taking responsibility for the way things are going in the country. A Fox News poll released Thursday finds 66 percent of voters think President Obama should start taking responsibility. That’s more than three times as many as the 21 percent who think it’s right to continue to blame the Bush administration for the way things are going today.”

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Flotsam and Jetsam

Oops — maybe we shouldn’t have pulled our missile defenses out of the Czech Republic and Poland. “The stated rationale at the time was: Since the sites were intended to defend America and our allies from Iranian missiles, and our intelligence estimated that the Iranians were a long way from fielding such missiles, the sites were unnecessary. Now, this was a transparently flimsy excuse even at the time. … But the story gets even fishier. A new estimate sent from the Defense Department to Capitol Hill puts the date at which Iran could threaten the U.S. homeland with a ballistic missile at 2015.”

Oops – Gallup delivers some bad news to the Obami (but then again, they say they don’t look at polls): “President Barack Obama averaged 48.8% job approval for his fifth quarter in office, spanning Jan. 20-April 19 Gallup Daily tracking. That is the lowest of his presidency to date, though not appreciably worse than his 50.8% fourth quarter average. … Obama’s latest quarterly score of 48.8% is below average by historical standards, ranking in the 35th percentile of all presidential quarters for which Gallup has data, dating to 1945. The average historical quarterly approval average is 54%. Additionally, Obama’s latest quarterly average does not compare favorably to other elected presidents’ averages at similar points in their presidencies.”

Oops — message confusion: “Wall Street provided three of Obama’s seven biggest sources of contributors for his presidential bid. In 2007 and 2008, Goldman Sachs employees and family members gave him $994,795, Citigroup Inc. $701,290, and JPMorgan Chase & Co. $695,132.”

Oops — for those who vouched for Obama’s pro-Israel credentials: “Israel’s defense minister expressed concern Monday about deteriorating relations with the United States and warned that ‘the growing alienation’ with President Obama’s administration ‘is not a good thing for the state of Israel.’ … As for reports that the Obama administration might try to impose some sort of peace plan on the Israelis and Palestinians, Netanyahu said, ‘I don’t believe anyone will seriously think you can impose peace. Peace has to come from the parties sitting down with each other and resolving their differences.’”

Oops — apparently no one really likes Charlie Crist. From Public Policy Polling: “It’s his fall with Republicans that gets all the attention, but Charlie Crist’s poll numbers have declined almost as badly with Democrats and independents over the last year as they have within his own party. And that makes me doubt he would be successful in an independent Senate bid even if he did decide to make a run for it.”

Oops — Bill Clinton’s cover is blown. “Mr. Clinton’s opposition to ‘demonizing the government’ would be more credible had he been heard from on the subject during the first eight years after he left office—when, for example, Hollywood demonized George W. Bush by releasing ‘Fahrenheit 9/11,’ or when Mr. Clinton’s own former Vice President railed against the man who beat him in 2000: ‘He betrayed this country!’ Instead, Mr. Clinton’s effort to exploit the memory of Oklahoma City looks like a partisan cheap shot. In his speech last week, the former President observed that, unlike the Boston Tea Party, ‘this fight is about taxation by duly, honestly elected representatives that you don’t happen to agree with, that you can vote out at the next election.’ Our guess is that the next election is what he’s really afraid of.”

Oops — an inconvenient truth for climate-change fanatics: “Fifty-nine percent (59%) of Americans now believe there is a significant disagreement within the scientific community over global warming, up seven points from early December just after the so-called ‘Climategate’ scandal involving doctored or deliberately undisclosed scientific evidence first broke.”

Oops– a crack in the Eric Holder stonewall: “For nearly a year, the U.S. Commission on Civil Rights has been investigating the Department of Justice’s voluntary dismissal of a voter intimidation suit against the New Black Panther Party and some of its members. On Friday morning of this week, the commission will conduct a public hearing on the matter. A number of witnesses are expected to testify concerning the incident that gave rise to DOJ’s lawsuit. A second hearing will likely take place in May to adduce additional evidence from the DOJ. The commission will issue a report on its findings to the president and Congress in the next few months.”

Oops — maybe we shouldn’t have pulled our missile defenses out of the Czech Republic and Poland. “The stated rationale at the time was: Since the sites were intended to defend America and our allies from Iranian missiles, and our intelligence estimated that the Iranians were a long way from fielding such missiles, the sites were unnecessary. Now, this was a transparently flimsy excuse even at the time. … But the story gets even fishier. A new estimate sent from the Defense Department to Capitol Hill puts the date at which Iran could threaten the U.S. homeland with a ballistic missile at 2015.”

Oops – Gallup delivers some bad news to the Obami (but then again, they say they don’t look at polls): “President Barack Obama averaged 48.8% job approval for his fifth quarter in office, spanning Jan. 20-April 19 Gallup Daily tracking. That is the lowest of his presidency to date, though not appreciably worse than his 50.8% fourth quarter average. … Obama’s latest quarterly score of 48.8% is below average by historical standards, ranking in the 35th percentile of all presidential quarters for which Gallup has data, dating to 1945. The average historical quarterly approval average is 54%. Additionally, Obama’s latest quarterly average does not compare favorably to other elected presidents’ averages at similar points in their presidencies.”

Oops — message confusion: “Wall Street provided three of Obama’s seven biggest sources of contributors for his presidential bid. In 2007 and 2008, Goldman Sachs employees and family members gave him $994,795, Citigroup Inc. $701,290, and JPMorgan Chase & Co. $695,132.”

Oops — for those who vouched for Obama’s pro-Israel credentials: “Israel’s defense minister expressed concern Monday about deteriorating relations with the United States and warned that ‘the growing alienation’ with President Obama’s administration ‘is not a good thing for the state of Israel.’ … As for reports that the Obama administration might try to impose some sort of peace plan on the Israelis and Palestinians, Netanyahu said, ‘I don’t believe anyone will seriously think you can impose peace. Peace has to come from the parties sitting down with each other and resolving their differences.’”

Oops — apparently no one really likes Charlie Crist. From Public Policy Polling: “It’s his fall with Republicans that gets all the attention, but Charlie Crist’s poll numbers have declined almost as badly with Democrats and independents over the last year as they have within his own party. And that makes me doubt he would be successful in an independent Senate bid even if he did decide to make a run for it.”

Oops — Bill Clinton’s cover is blown. “Mr. Clinton’s opposition to ‘demonizing the government’ would be more credible had he been heard from on the subject during the first eight years after he left office—when, for example, Hollywood demonized George W. Bush by releasing ‘Fahrenheit 9/11,’ or when Mr. Clinton’s own former Vice President railed against the man who beat him in 2000: ‘He betrayed this country!’ Instead, Mr. Clinton’s effort to exploit the memory of Oklahoma City looks like a partisan cheap shot. In his speech last week, the former President observed that, unlike the Boston Tea Party, ‘this fight is about taxation by duly, honestly elected representatives that you don’t happen to agree with, that you can vote out at the next election.’ Our guess is that the next election is what he’s really afraid of.”

Oops — an inconvenient truth for climate-change fanatics: “Fifty-nine percent (59%) of Americans now believe there is a significant disagreement within the scientific community over global warming, up seven points from early December just after the so-called ‘Climategate’ scandal involving doctored or deliberately undisclosed scientific evidence first broke.”

Oops– a crack in the Eric Holder stonewall: “For nearly a year, the U.S. Commission on Civil Rights has been investigating the Department of Justice’s voluntary dismissal of a voter intimidation suit against the New Black Panther Party and some of its members. On Friday morning of this week, the commission will conduct a public hearing on the matter. A number of witnesses are expected to testify concerning the incident that gave rise to DOJ’s lawsuit. A second hearing will likely take place in May to adduce additional evidence from the DOJ. The commission will issue a report on its findings to the president and Congress in the next few months.”

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Flotsam and Jetsam

Senate candidate Dan Coats thinks Obama is getting ready for a containment strategy for Iran, and he doesn’t like it: “Coats said the ‘only option’ left to prevent Iran from developing nuclear weapons is the threat of military action. Coats said most Americans agree that Iran must not be allowed to have such weapons, even though Iranian leaders continue to press forward with their nuclear program. … ‘If it’s unacceptable, what are we going to do? … And now it seems we’re being asked to accept the unacceptable.’”

Democrats tried going after the CIA again, determined to criminalize interrogation techniques: “If this Act becomes law (it may have already been killed in Congress at the time of this writing), it will surely cause confusion for interrogators who want to know where the line is, precisely, lest they be thrown in jail. This creates risk aversion among interrogators where none is warranted.”

Liz Cheney objected: “American intelligence officers do not deserve this kind of treatment from the government they honorably serve. Day in and day out, they protect our country and make difficult decisions–at times in matters of life and death. In return for their service the government rewards them with little pay and no acknowledgement of their heroic actions. Democrats in Congress now want to threaten them with criminal prosecutions and deprive them of valuable tactics that protect America.”

And Democrats pulled the bill.

Larry Sabato (h/t Jim Geraghty): “The Crystal Ball moves five Democratic seats from a “safe” rating onto our list of competitive races: KY-6 (Ben Chandler), MA-10 (Bill Delahunt), OH-13 (Betty Sutton), SC-5 (John Spratt), and VA-9 (Rick Boucher). In addition, two already competitive races for Democrats look even worse than before—IA-3 (Leonard Boswell) and IN-8 (OPEN, Brad Ellsworth)—and two Republican incumbents have improved their reelection prospects—AL-3 (Mike Rogers) and CA-44 (Ken Calvert).”

The Orthodox Union is upset with the Obama administration for criticizing the Heritage Plan, under which Israel will invest $100 million in rehabilitating historic and religious sites throughout Israel. Netanyahu included among the sites the Tomb of the Patriarchs in Hebron and Rachel’s Tomb in Bethlehem. Palestinians objected, and then the State Department chimed in and called the inclusion of such sites “provocative.” The OU responded: “It is not ‘provocative’ to invest in and rehabilitate holy/historic sites — that are open to both Jews and Muslims. Nothing PM Netanyahu has proposed precludes a peace agreement. It is provocative for the Palestinians to assert that there is no Jewish connection to these sites and for them to use this as yet another false basis for refusal to engage in peace negotiations.”

Peter Kirsanow of the U.S. Commission on Civil Rights: “In equating high-risk pools to racial segregation, Senator Harkin not only betrays his ignorance of history and his tone-deafness, but a disconcerting obliviousness to the contents of the Democrats’ own health-care plan. In fact, the U.S. Commission on Civil Rights has sent two letters to Congress and the president detailing the various discriminatory provisions in the Democrats’ health-care plan. It’s often said that the party who first invokes Hitler has lost the argument. In this case, the party who first invoked racial discrimination has lost perspective, if not his senses.”

Part of Obama’s problem: “At the very same hour as Obama is talking about his beloved healthcare plan, out come surprising new federal numbers showing that last week new J-O-B-L-E-S-S claims unexpectedly went up — as in more of them — to nearly a half-million, 22,000 more than the previous week. And nearly 8% higher than the expected 460,000 new claims.”

Politico on Tom Campbell’s Sami Al-Arian problem: “A bespectacled former college professor who has pleaded guilty to aiding the group Palestinian Islamic Jihad helped tip the balance in a 2004 Senate contest in Florida. Now, six years later, Sami Al-Arian could be on the verge of doing it again, this time in California. Republican Senate hopeful Tom Campbell, a former congressman, has come under sustained attack on conservative websites and from his rivals in recent days for taking a campaign donation from Al-Arian in 2000, for backing legislation Al-Arian was lobbying for at the time and for allegedly being a less-than-steadfast supporter of Israel.”

JTA is into it too, noting how inappropriate it is for Campbell to use a selective quote from a letter of the late and very great friend of Israel Tom Lantos: “Using Lantos’ letter to bolster Campbell’s case is really icky.”

Senate candidate Dan Coats thinks Obama is getting ready for a containment strategy for Iran, and he doesn’t like it: “Coats said the ‘only option’ left to prevent Iran from developing nuclear weapons is the threat of military action. Coats said most Americans agree that Iran must not be allowed to have such weapons, even though Iranian leaders continue to press forward with their nuclear program. … ‘If it’s unacceptable, what are we going to do? … And now it seems we’re being asked to accept the unacceptable.’”

Democrats tried going after the CIA again, determined to criminalize interrogation techniques: “If this Act becomes law (it may have already been killed in Congress at the time of this writing), it will surely cause confusion for interrogators who want to know where the line is, precisely, lest they be thrown in jail. This creates risk aversion among interrogators where none is warranted.”

Liz Cheney objected: “American intelligence officers do not deserve this kind of treatment from the government they honorably serve. Day in and day out, they protect our country and make difficult decisions–at times in matters of life and death. In return for their service the government rewards them with little pay and no acknowledgement of their heroic actions. Democrats in Congress now want to threaten them with criminal prosecutions and deprive them of valuable tactics that protect America.”

And Democrats pulled the bill.

Larry Sabato (h/t Jim Geraghty): “The Crystal Ball moves five Democratic seats from a “safe” rating onto our list of competitive races: KY-6 (Ben Chandler), MA-10 (Bill Delahunt), OH-13 (Betty Sutton), SC-5 (John Spratt), and VA-9 (Rick Boucher). In addition, two already competitive races for Democrats look even worse than before—IA-3 (Leonard Boswell) and IN-8 (OPEN, Brad Ellsworth)—and two Republican incumbents have improved their reelection prospects—AL-3 (Mike Rogers) and CA-44 (Ken Calvert).”

The Orthodox Union is upset with the Obama administration for criticizing the Heritage Plan, under which Israel will invest $100 million in rehabilitating historic and religious sites throughout Israel. Netanyahu included among the sites the Tomb of the Patriarchs in Hebron and Rachel’s Tomb in Bethlehem. Palestinians objected, and then the State Department chimed in and called the inclusion of such sites “provocative.” The OU responded: “It is not ‘provocative’ to invest in and rehabilitate holy/historic sites — that are open to both Jews and Muslims. Nothing PM Netanyahu has proposed precludes a peace agreement. It is provocative for the Palestinians to assert that there is no Jewish connection to these sites and for them to use this as yet another false basis for refusal to engage in peace negotiations.”

Peter Kirsanow of the U.S. Commission on Civil Rights: “In equating high-risk pools to racial segregation, Senator Harkin not only betrays his ignorance of history and his tone-deafness, but a disconcerting obliviousness to the contents of the Democrats’ own health-care plan. In fact, the U.S. Commission on Civil Rights has sent two letters to Congress and the president detailing the various discriminatory provisions in the Democrats’ health-care plan. It’s often said that the party who first invokes Hitler has lost the argument. In this case, the party who first invoked racial discrimination has lost perspective, if not his senses.”

Part of Obama’s problem: “At the very same hour as Obama is talking about his beloved healthcare plan, out come surprising new federal numbers showing that last week new J-O-B-L-E-S-S claims unexpectedly went up — as in more of them — to nearly a half-million, 22,000 more than the previous week. And nearly 8% higher than the expected 460,000 new claims.”

Politico on Tom Campbell’s Sami Al-Arian problem: “A bespectacled former college professor who has pleaded guilty to aiding the group Palestinian Islamic Jihad helped tip the balance in a 2004 Senate contest in Florida. Now, six years later, Sami Al-Arian could be on the verge of doing it again, this time in California. Republican Senate hopeful Tom Campbell, a former congressman, has come under sustained attack on conservative websites and from his rivals in recent days for taking a campaign donation from Al-Arian in 2000, for backing legislation Al-Arian was lobbying for at the time and for allegedly being a less-than-steadfast supporter of Israel.”

JTA is into it too, noting how inappropriate it is for Campbell to use a selective quote from a letter of the late and very great friend of Israel Tom Lantos: “Using Lantos’ letter to bolster Campbell’s case is really icky.”

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Re: The New Black Panther Stonewall Continues

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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The New Black Panther Stonewall Continues

It has been months since the Eric Holder Justice Department agreed to begin an internal investigation by the Office of Professional Responsibility into the dismissal of the New Black Panther Party voter intimidation case. Rep. Frank Wolf has continued to bird dog Holder and Justice, inquiring about the status of the investigation and whether they will share the results. He’s been rebuffed at every turn and the U.S. Commission on Civil Rights has likewise gotten the back of the hand, a flurry of specious privileges and objections to the Commission’s request for documents and information.

On January 26, Wolf took another stab, writing to the Inspector General of Justice Glenn Fine about the status and requesting that the IG take over the investigation. Wolf expressed doubts as to whether OPR was “capable of conducting an unbiased and independent review.” On February 2, Fine responded, revealing an ongoing power struggle within Justice and a peek at what OPR is up to. Fine notes that he has long been seeking statutory authority to allow the IG to investigate all matters within Justice as do other departments’ IG’s. He explains that Congress has not responded to his pleas and that the jusrisdiction over allegations of attorney misconduct remains with OPR. (As an aside, many conservatives opposed consolidating all internal invetigatory power within the IG’s office, concerned that this organization had its own biases and would become a rogue entity within the department.)

But Fine also says that he’s checked with OPR and, by gosh, they really are looking into the New Black Panther Party case. He tells Wolf they have “gathered documents and other relevant materials” and have interviewed witnesses, with more on tap. (This conflicts with other reports that Capitol Hill sources and I have received, according to which the voting-section trial team in the voter-intimidation case has not been thoroughly debriefed on the political interference with the case from Obama officials.) Fine assures Wolf that OPR will report back to Congress.

However, there is another avenue for extracting information about the case. The U.S. Commission on Civil Rights is holding its first hearing on the matter next week in Washington on February 12. We may finally get some details on the case. What we won’t have — at least yet — is the cooperation of the Justice Department. Holder continues to stonewall, keeping OPR busy churning paperwork but never seemingly able to reach an end to the investigation. It is yet one more example of the consequences of one-party rule and the absence of significant Congressional oversight. Wolf, to his credit, is writing letters; but the power to hold Congressional hearings and to demand documents remains with the Democratic majority. They, of course, have no interest in getting to the bottom of this. Let’s see if the Commission has any better luck.

It has been months since the Eric Holder Justice Department agreed to begin an internal investigation by the Office of Professional Responsibility into the dismissal of the New Black Panther Party voter intimidation case. Rep. Frank Wolf has continued to bird dog Holder and Justice, inquiring about the status of the investigation and whether they will share the results. He’s been rebuffed at every turn and the U.S. Commission on Civil Rights has likewise gotten the back of the hand, a flurry of specious privileges and objections to the Commission’s request for documents and information.

On January 26, Wolf took another stab, writing to the Inspector General of Justice Glenn Fine about the status and requesting that the IG take over the investigation. Wolf expressed doubts as to whether OPR was “capable of conducting an unbiased and independent review.” On February 2, Fine responded, revealing an ongoing power struggle within Justice and a peek at what OPR is up to. Fine notes that he has long been seeking statutory authority to allow the IG to investigate all matters within Justice as do other departments’ IG’s. He explains that Congress has not responded to his pleas and that the jusrisdiction over allegations of attorney misconduct remains with OPR. (As an aside, many conservatives opposed consolidating all internal invetigatory power within the IG’s office, concerned that this organization had its own biases and would become a rogue entity within the department.)

But Fine also says that he’s checked with OPR and, by gosh, they really are looking into the New Black Panther Party case. He tells Wolf they have “gathered documents and other relevant materials” and have interviewed witnesses, with more on tap. (This conflicts with other reports that Capitol Hill sources and I have received, according to which the voting-section trial team in the voter-intimidation case has not been thoroughly debriefed on the political interference with the case from Obama officials.) Fine assures Wolf that OPR will report back to Congress.

However, there is another avenue for extracting information about the case. The U.S. Commission on Civil Rights is holding its first hearing on the matter next week in Washington on February 12. We may finally get some details on the case. What we won’t have — at least yet — is the cooperation of the Justice Department. Holder continues to stonewall, keeping OPR busy churning paperwork but never seemingly able to reach an end to the investigation. It is yet one more example of the consequences of one-party rule and the absence of significant Congressional oversight. Wolf, to his credit, is writing letters; but the power to hold Congressional hearings and to demand documents remains with the Democratic majority. They, of course, have no interest in getting to the bottom of this. Let’s see if the Commission has any better luck.

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Re: Democrats Not Interested

Additional attendees at the hearing advise me that Chairman John Conyers did open the proceedings with a statement. On one hand, he defended the Justice Department, contending that career professionals made the decision to dismiss three Black Panther defendants and that it had turned over all “non-privileged” documents. But he also left the door open just a crack, indicating he would be willing to work with Reps. Lamar Smith and Frank Wolf but that the current motion seeking information from the Justice Department was “premature.” Perhaps the Democrats don’t want to be seen as helping to cover the tracks of those in the Justice Department who acted to dismiss a serious voter-intimidation case. Just in case the U.S. Commission on Civil Rights should turn up something, you see.

Following the hearing, Rep. Wolf issued a powerful statement that includes this:

I am deeply disappointed that Judiciary Committee defeated my resolution of inquiry on a party-line vote.  There has been no oversight, no accountability and certainly no transparency with regard to this attorney general and this Department of Justice.

Where is the ‘unprecedented transparency’ that this administration promised?  Where is the honesty and openness that the majority party pledged?  The American people deserve better.

After ignoring my seven letters over seven months and failing to comply with subpoenas issued by the U.S. Commission on Civil Rights, the attorney general continues to thwart all efforts to compel an explanation for the dismissal of U.S. v. New Black Panther Party.  DOJ is claiming broad privileges – which many legal scholars question – in order to avoid disclosing any new information regarding this case.  The committee’s failure to approve my resolution has set a troubling precedent.  Is it going to continue to blindly defer to all unsubstantiated claims of privilege from the department?

He also added a few tidbits about the Justice Department’s responses: the department claimed “privilege” and redacted seven pages of a letter Wolf sent to Eric Holder and released publicly on July 31, 2009. It also withheld other letters that it previously said it was prepared to share.

Transparency, it seems, is not the order of the day.

Additional attendees at the hearing advise me that Chairman John Conyers did open the proceedings with a statement. On one hand, he defended the Justice Department, contending that career professionals made the decision to dismiss three Black Panther defendants and that it had turned over all “non-privileged” documents. But he also left the door open just a crack, indicating he would be willing to work with Reps. Lamar Smith and Frank Wolf but that the current motion seeking information from the Justice Department was “premature.” Perhaps the Democrats don’t want to be seen as helping to cover the tracks of those in the Justice Department who acted to dismiss a serious voter-intimidation case. Just in case the U.S. Commission on Civil Rights should turn up something, you see.

Following the hearing, Rep. Wolf issued a powerful statement that includes this:

I am deeply disappointed that Judiciary Committee defeated my resolution of inquiry on a party-line vote.  There has been no oversight, no accountability and certainly no transparency with regard to this attorney general and this Department of Justice.

Where is the ‘unprecedented transparency’ that this administration promised?  Where is the honesty and openness that the majority party pledged?  The American people deserve better.

After ignoring my seven letters over seven months and failing to comply with subpoenas issued by the U.S. Commission on Civil Rights, the attorney general continues to thwart all efforts to compel an explanation for the dismissal of U.S. v. New Black Panther Party.  DOJ is claiming broad privileges – which many legal scholars question – in order to avoid disclosing any new information regarding this case.  The committee’s failure to approve my resolution has set a troubling precedent.  Is it going to continue to blindly defer to all unsubstantiated claims of privilege from the department?

He also added a few tidbits about the Justice Department’s responses: the department claimed “privilege” and redacted seven pages of a letter Wolf sent to Eric Holder and released publicly on July 31, 2009. It also withheld other letters that it previously said it was prepared to share.

Transparency, it seems, is not the order of the day.

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Democrats Not Interested in Voter Intimidation Case Scandal

The House Judiciary Committee took up a resolution forced by Rep. Frank Wolf, calling on the Justice Department to fork over information on its endless, secretive, and (sources with direct knowledge tell me) quite lackadaisical investigation of the Obama Justice Department’s decision to dismiss the New Black Panther Party case. As expected, the resolution was voted down on a party-line vote of 15-14. The House Democrats don’t really seem as though they need to know why the Justice Department wouldn’t enforce the law fully against all defendants (for whom the U.S. government had a default judgment in hand) who intimidated voters at a Philadelphia polling place on Election Day, 2008. As Ranking Minority Leader Rep. Lamar Smith explained in his prepared remarks:

No facts had changed. No new evidence was uncovered. The only thing that did change is the political party in charge of the Justice Department. So why would the Obama Administration suddenly drop charges in a case that had effectively been won? It appears that the Justice Department gave a free pass to its political allies—one of the defendants against whom charges were dropped was a Democratic poll watcher. Despite continued requests from Congress, the Justice Department has refused to give any explanation for dropping the charges. The Department’s silence appears to be an admission of guilt. According to media reports, senior political appointees may have overridden the decision of career attorneys. The decision to dismiss charges against political allies who allegedly intimidated voters on Election Day 2008 reeks of political interference.

An observer at the hearing tells me that only Rep. Sheila Jackson-Lee bothered to speak out against the motion, claiming that this was just an isolated incident of intimidation (is this a new standard for the enforcement of civil rights?) and going as far as to defend the New Black Panther Party as a good and honorable organization. (I suppose there may be some in the Obama Justice Department who are sympathetic to this view.) She thinks the Obama Justice Department will prosecute anyone guilty of voter intimidation. (Except in this case?)

Republicans took a different position. Rep. Trent Franks wanted to know what the Obama team is hiding and, contrary to his colleague, labeled the New Black Panther Party as a racist organization. Rep. James Sensenbrenner blasted the Justice Deaprtments invocation of privilege as reason to refuse cooperation and said Congress needs to press for answers. (That’s not happening unless the House changes control in November.) Other Republicans emphasized the egregious nature of the case, which was there for all to see on video tape, and went after the recent testimony of Civil Rights chief Thomas Perez, who claimed there was no interference with career lawyers.

This is what passes for congressional oversight these days. As Rep. Smith says, there are certainly grounds for probing further:

Yesterday, 24 hours before this markup, the Justice Department provided the Committee with responses to the Civil Rights Commission’s information requests. These comprise more of the same non-responsive replies the Justice Department provided the Commission and Congress earlier this year. The Department refused to answer, either wholly or in part, 31 of the Commission’s 49 written questions.

The Department is still either unwilling or unable to answer one simple question: what changed between January 2009 and May 2009 to justify walking away from a case of blatant voter intimidation?

But don’t hold your breath. The Democrats who railed against Alberto Gonzales and insisted on investigation after investigation during the Bush administration to uncover some alleged politicization of the administration of justice are now silent. Trust the Obama team, they say. It seems as though if anything is to be learned about this case, it will come from the efforts of the U.S. Commission on Civil Rights or those within the Justice Department who are offended by Obama political appointees’ meddling in what should have been a slam-dunk victory for the U.S. government in enforcing civil rights laws.

The House Judiciary Committee took up a resolution forced by Rep. Frank Wolf, calling on the Justice Department to fork over information on its endless, secretive, and (sources with direct knowledge tell me) quite lackadaisical investigation of the Obama Justice Department’s decision to dismiss the New Black Panther Party case. As expected, the resolution was voted down on a party-line vote of 15-14. The House Democrats don’t really seem as though they need to know why the Justice Department wouldn’t enforce the law fully against all defendants (for whom the U.S. government had a default judgment in hand) who intimidated voters at a Philadelphia polling place on Election Day, 2008. As Ranking Minority Leader Rep. Lamar Smith explained in his prepared remarks:

No facts had changed. No new evidence was uncovered. The only thing that did change is the political party in charge of the Justice Department. So why would the Obama Administration suddenly drop charges in a case that had effectively been won? It appears that the Justice Department gave a free pass to its political allies—one of the defendants against whom charges were dropped was a Democratic poll watcher. Despite continued requests from Congress, the Justice Department has refused to give any explanation for dropping the charges. The Department’s silence appears to be an admission of guilt. According to media reports, senior political appointees may have overridden the decision of career attorneys. The decision to dismiss charges against political allies who allegedly intimidated voters on Election Day 2008 reeks of political interference.

An observer at the hearing tells me that only Rep. Sheila Jackson-Lee bothered to speak out against the motion, claiming that this was just an isolated incident of intimidation (is this a new standard for the enforcement of civil rights?) and going as far as to defend the New Black Panther Party as a good and honorable organization. (I suppose there may be some in the Obama Justice Department who are sympathetic to this view.) She thinks the Obama Justice Department will prosecute anyone guilty of voter intimidation. (Except in this case?)

Republicans took a different position. Rep. Trent Franks wanted to know what the Obama team is hiding and, contrary to his colleague, labeled the New Black Panther Party as a racist organization. Rep. James Sensenbrenner blasted the Justice Deaprtments invocation of privilege as reason to refuse cooperation and said Congress needs to press for answers. (That’s not happening unless the House changes control in November.) Other Republicans emphasized the egregious nature of the case, which was there for all to see on video tape, and went after the recent testimony of Civil Rights chief Thomas Perez, who claimed there was no interference with career lawyers.

This is what passes for congressional oversight these days. As Rep. Smith says, there are certainly grounds for probing further:

Yesterday, 24 hours before this markup, the Justice Department provided the Committee with responses to the Civil Rights Commission’s information requests. These comprise more of the same non-responsive replies the Justice Department provided the Commission and Congress earlier this year. The Department refused to answer, either wholly or in part, 31 of the Commission’s 49 written questions.

The Department is still either unwilling or unable to answer one simple question: what changed between January 2009 and May 2009 to justify walking away from a case of blatant voter intimidation?

But don’t hold your breath. The Democrats who railed against Alberto Gonzales and insisted on investigation after investigation during the Bush administration to uncover some alleged politicization of the administration of justice are now silent. Trust the Obama team, they say. It seems as though if anything is to be learned about this case, it will come from the efforts of the U.S. Commission on Civil Rights or those within the Justice Department who are offended by Obama political appointees’ meddling in what should have been a slam-dunk victory for the U.S. government in enforcing civil rights laws.

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What’s the Basis for Holder’s Stonewall?

In the flap over the New Black Panther Party case, the Justice Department appears to be making up rules as it goes along. Back on December 18, 2009, the U.S. Commission on Civil Rights, in a letter from its general counsel David Blackwood to the Justice Department’s Joseph H. Hunt, wrote to explain why the commission had resorted to sending subpoenas to obtain information on the controversial dismissal of the voter-intimidation case and to try to dislodge the reason for the Justice Department’s apparent refusal to cooperate with the commission. He wrote:

To allay your concerns, the Commission requested a meeting where we would negotiate revisions to our discovery plan so as to eliminate or minimize the likelihood the Commission’s work would interfere with OPR’s pending investigation. Your refusal to schedule a meeting even to discuss the Commission’s pending discovery requests and depositions suggests that DOJ is not interested in working to develop a path that will allow each agency to fulfill its statutory obligation. As you are aware, the Commission first began requesting related information from the Department on June 16, 2009, six months ago. After six months passed without a substantive response from DOJ, the Commission felt it necessary to issue subpoenas.

Hunt wrote back on December 23, denying that the department was refusing to cooperate and asserting that it wasn’t unwilling to meet with the commission. Hunt seemed to suggest that the department wanted the chance to “set forth its position in writing,” but alas, it never consented to a meeting and still has not presented a viable legal theory for refusing to cooperate. In its blizzard of excuses in its discovery response, Eric Holder’s Justice Department asserts the attorney-client privilege. But a 1982 opinion of the Office of Legal Counsel specifically found that “the interests implicated by the attorney-client privilege generally are subsumed under a claim of executive privilege … and the considerations of separation of powers and effective performance of constitutional duties determine the validity of the claim of privilege.” A 1986 opinion similarly makes clear that the attorney-client privilege “is not usually considered to constitute a separate basis [from executive privilege] for resisting congressional demands for information.” In short, there really isn’t an attorney-client privilege, just executive privilege, but the Obami seem unwilling to use that politically charged defense. Read More

In the flap over the New Black Panther Party case, the Justice Department appears to be making up rules as it goes along. Back on December 18, 2009, the U.S. Commission on Civil Rights, in a letter from its general counsel David Blackwood to the Justice Department’s Joseph H. Hunt, wrote to explain why the commission had resorted to sending subpoenas to obtain information on the controversial dismissal of the voter-intimidation case and to try to dislodge the reason for the Justice Department’s apparent refusal to cooperate with the commission. He wrote:

To allay your concerns, the Commission requested a meeting where we would negotiate revisions to our discovery plan so as to eliminate or minimize the likelihood the Commission’s work would interfere with OPR’s pending investigation. Your refusal to schedule a meeting even to discuss the Commission’s pending discovery requests and depositions suggests that DOJ is not interested in working to develop a path that will allow each agency to fulfill its statutory obligation. As you are aware, the Commission first began requesting related information from the Department on June 16, 2009, six months ago. After six months passed without a substantive response from DOJ, the Commission felt it necessary to issue subpoenas.

Hunt wrote back on December 23, denying that the department was refusing to cooperate and asserting that it wasn’t unwilling to meet with the commission. Hunt seemed to suggest that the department wanted the chance to “set forth its position in writing,” but alas, it never consented to a meeting and still has not presented a viable legal theory for refusing to cooperate. In its blizzard of excuses in its discovery response, Eric Holder’s Justice Department asserts the attorney-client privilege. But a 1982 opinion of the Office of Legal Counsel specifically found that “the interests implicated by the attorney-client privilege generally are subsumed under a claim of executive privilege … and the considerations of separation of powers and effective performance of constitutional duties determine the validity of the claim of privilege.” A 1986 opinion similarly makes clear that the attorney-client privilege “is not usually considered to constitute a separate basis [from executive privilege] for resisting congressional demands for information.” In short, there really isn’t an attorney-client privilege, just executive privilege, but the Obami seem unwilling to use that politically charged defense.

So has the president or his attorney general invoked executive privilege? Commissioner Todd Gaziano told me it’s not clear. He says, “Not only has the Department refused to give us the information — the documents and answers to which we are statutorily entitled — but it still has not given us a legal argument or justification for not doing so.” He noted that this occurs “in the face of binding department authority,” which shows there is no valid attorney-client privilege.

The White House thought it appropriate to invoke executive privilege to block testimony of its social secretary, so perhaps that’s where they’re going with this. But that privilege arguably can only be invoked by the president or his department heads, in this case Holder. Maybe if Obama ever gives a press conference he can tell us. Or maybe at the upcoming confirmation hearing of the not-yet-selected No. 2 man in the Justice Department, an enterprising senator can find out why the department thinks it can make up new rules, avoid explaining what exactly they are, and refuse to permit anyone to peer into a decision that apparently is so indefensible, it requires a Nixonian-like defensive strategy.

While Holder has prevented his employees from testifying before the commission, former voting-rights section chief Chris Coates has made his views known. His rationale (which should be read in full here) for bringing the case against the New Black Panther Party is a tribute to the notions of equal protection and fairness. The Holder team won’t tell us what was wrong with that analysis and why it countermanded the decision of Coates and his team, dismissing a case as egregious as the New Black Panther Party matter. As Coates said in his goodbye remarks to his colleagues:

A lot has been said about the politization [sic] of the Civil Rights Division. I believe that one of the most detrimental ways to politicize the enforcement process in the Voting Section is to enforce the provisions of the Voting Rights Act only for the protection of certain racial or ethnic minorities; or to take the position that the Voting Section is not going to enforce certain provision [sic] of any of the voting statutes the Voting Section has the responsibility to enforce. Such decisions carry with them obvious, enormous implications for partisan political struggles.

Well that seems to be what’s going on here — made-up rules and politics run rampant in the Justice Department. Not what the Obami promised, is it?

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Re: New Black Panther Party Case

Based on what I have learned so far, the Justice Department seems to be responding in less than candid fashion to the discovery of the U.S. Commission on Civil Rights. A knowledgeable source who has reviewed the responses tells me:

There are statements in the response that reveal the Department isn’t replying in good faith and isn’t trying very hard to get to the bottom of the case. For example, the Commission asked for information about communications from a Philadelphia lawyer who said he represented one of the black panthers, even though he never filed a pleading. The Department says they can’t find any evidence of such communications. They might start by looking at the publicly filed pleadings in the case because an affidavit was filed in the case discussing communications with the attorney in some detail.

Then there is the lack of information about those individuals in outside liberal civil rights groups who are believed to have communicated with Obama officials about the case’s dismissal. Despite the Justice Department’s reticence to reveal any information, I am told that the communications from Kristen Clarke of the NAACP about the case are widely known in the division. My source tells me that Loretta King, former acting assistant attorney general of civil rights, spoke with Clarke “inside DOJ headquarters at the Robert F. Kennedy building on numerous occasions.” Former Justice Department lawyer Hans von Spakovsky similarly reports:

One former Voting Section career lawyer who had left the Justice Department to go to work for the NAACP, Kristen Clarke, admitted to the Washington Times that she talked to the new political leadership after Obama was inaugurated, berating them for not dismissing the [New Black Panther Party] case. Sources at Justice tell me Clarke made an identical pitch to her former colleagues in the Voting Section once Obama and Eric Holder came to power.

The entreaties proved productive. According to the Washington Times, Loretta King, whom Obama named the acting assistant attorney general of the [Civil Rights Division], ordered [Chief of the Civil Rights division Chris] Coates to dismiss the case against three of the defendants despite their default. King apparently received approval from Associate Attorney General Thomas Perrelli to do so. Who else Perrelli spoke with in the Justice Department and the White House is the subject of continued stonewalling in response to the subpoenas served on Justice by the U.S. Civil Rights Commission. Read More

Based on what I have learned so far, the Justice Department seems to be responding in less than candid fashion to the discovery of the U.S. Commission on Civil Rights. A knowledgeable source who has reviewed the responses tells me:

There are statements in the response that reveal the Department isn’t replying in good faith and isn’t trying very hard to get to the bottom of the case. For example, the Commission asked for information about communications from a Philadelphia lawyer who said he represented one of the black panthers, even though he never filed a pleading. The Department says they can’t find any evidence of such communications. They might start by looking at the publicly filed pleadings in the case because an affidavit was filed in the case discussing communications with the attorney in some detail.

Then there is the lack of information about those individuals in outside liberal civil rights groups who are believed to have communicated with Obama officials about the case’s dismissal. Despite the Justice Department’s reticence to reveal any information, I am told that the communications from Kristen Clarke of the NAACP about the case are widely known in the division. My source tells me that Loretta King, former acting assistant attorney general of civil rights, spoke with Clarke “inside DOJ headquarters at the Robert F. Kennedy building on numerous occasions.” Former Justice Department lawyer Hans von Spakovsky similarly reports:

One former Voting Section career lawyer who had left the Justice Department to go to work for the NAACP, Kristen Clarke, admitted to the Washington Times that she talked to the new political leadership after Obama was inaugurated, berating them for not dismissing the [New Black Panther Party] case. Sources at Justice tell me Clarke made an identical pitch to her former colleagues in the Voting Section once Obama and Eric Holder came to power.

The entreaties proved productive. According to the Washington Times, Loretta King, whom Obama named the acting assistant attorney general of the [Civil Rights Division], ordered [Chief of the Civil Rights division Chris] Coates to dismiss the case against three of the defendants despite their default. King apparently received approval from Associate Attorney General Thomas Perrelli to do so. Who else Perrelli spoke with in the Justice Department and the White House is the subject of continued stonewalling in response to the subpoenas served on Justice by the U.S. Civil Rights Commission.

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

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

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

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

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New Black Panther Party Case: Justice Department Stonewall

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

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

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

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

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

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

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

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

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

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

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Obama Lawyers Fined by Federal Court

Sanctimonious Eric Holder and his equally sanctimonious minions strode into the Justice Department filled with contempt for their predecessors, who they said had “politicized” the administration of justice. (They then proceeded to override the judgment of professional lawyers in the Office of Legal Counsel on the constitutionality of D.C. voting rights, appoint a slew of left-wing lawyers who are now making policy on terrorism, and override career prosecutors who chose not to pursue charges against CIA operatives who employed enhanced interrogation techniques.)

Specifically in the civil rights arena, the Obami charged that the Bush administration had failed to act with due diligence to enforce federal law. The Obama political appointees then proceeded to dismiss the New Black Panther Party case, an egregious case of voter intimidation. When last we checked, the Obama administration was refusing to allow its lawyers to respond to a subpoena by the U.S. Commission on Civil Rights. (Responses to written discovery requests are due on January 11.) Now comes further evidence of what passes for the “administration of justice” in the Obama-Holder regime:

This week, a federal district court in Kansas imposed sanctions on the same Civil Rights Division (CRD) officials who spiked the Panthers case, Loretta King and Steve Rosenbaum, for their refusals to provide information in another case. Breaking the president’s promise to have the most transparent administration in history, Rosenbaum and King’s concealment of information will cost the taxpayers thousands of dollars. … What is clear from reading the order is that, as usual, the CRD made broad accusations of discriminatory conduct when it filed its complaint, but when it was asked to provide specific examples or actual evidence of such discrimination, it failed to do so. Lawyers for both sides have until January 20 to determine the amount of the award to be made to the defendants. While the CRD lawyers “shall be solely responsible for paying the monetary sanctions,” there is no doubt the department will reimburse them, so the American taxpayer will end up footing the bill for Rosenbaum’s outrageous behavior and his failure to properly supervise the lawyers who work for him.

It is noteworthy that these two lawyers — the ones who directly superimposed their own legal judgment in the New Black Panther Party case — are now the subject of  the court’s order, which as the report notes is unusual, in that it is “directed at individual lawyers that specifically says their employer is not responsible for paying the costs.” To boot, King is a multiple-sanctions recipient. During the Clinton administration, she was one of the Justice Department attorneys who was responsible for a fine of more than half a million dollars.

It’s important to keep in mind that, according to those most closely involved in the matter, it’s highly unlikely that King and Rosenbaum themselves initiated the dismissal of the New Black Panther Case. The Washington Times has fingered the No. 3 man in the Justice Department. Nevertheless, the Obama team has contended to Republican congressmen that it was these “professionals” who made the call. And these are among the Obama lawyers who now are going to “improve” enforcement of civil rights laws. We now know what the Obama “professional” lawyers look like in action.

Sanctimonious Eric Holder and his equally sanctimonious minions strode into the Justice Department filled with contempt for their predecessors, who they said had “politicized” the administration of justice. (They then proceeded to override the judgment of professional lawyers in the Office of Legal Counsel on the constitutionality of D.C. voting rights, appoint a slew of left-wing lawyers who are now making policy on terrorism, and override career prosecutors who chose not to pursue charges against CIA operatives who employed enhanced interrogation techniques.)

Specifically in the civil rights arena, the Obami charged that the Bush administration had failed to act with due diligence to enforce federal law. The Obama political appointees then proceeded to dismiss the New Black Panther Party case, an egregious case of voter intimidation. When last we checked, the Obama administration was refusing to allow its lawyers to respond to a subpoena by the U.S. Commission on Civil Rights. (Responses to written discovery requests are due on January 11.) Now comes further evidence of what passes for the “administration of justice” in the Obama-Holder regime:

This week, a federal district court in Kansas imposed sanctions on the same Civil Rights Division (CRD) officials who spiked the Panthers case, Loretta King and Steve Rosenbaum, for their refusals to provide information in another case. Breaking the president’s promise to have the most transparent administration in history, Rosenbaum and King’s concealment of information will cost the taxpayers thousands of dollars. … What is clear from reading the order is that, as usual, the CRD made broad accusations of discriminatory conduct when it filed its complaint, but when it was asked to provide specific examples or actual evidence of such discrimination, it failed to do so. Lawyers for both sides have until January 20 to determine the amount of the award to be made to the defendants. While the CRD lawyers “shall be solely responsible for paying the monetary sanctions,” there is no doubt the department will reimburse them, so the American taxpayer will end up footing the bill for Rosenbaum’s outrageous behavior and his failure to properly supervise the lawyers who work for him.

It is noteworthy that these two lawyers — the ones who directly superimposed their own legal judgment in the New Black Panther Party case — are now the subject of  the court’s order, which as the report notes is unusual, in that it is “directed at individual lawyers that specifically says their employer is not responsible for paying the costs.” To boot, King is a multiple-sanctions recipient. During the Clinton administration, she was one of the Justice Department attorneys who was responsible for a fine of more than half a million dollars.

It’s important to keep in mind that, according to those most closely involved in the matter, it’s highly unlikely that King and Rosenbaum themselves initiated the dismissal of the New Black Panther Case. The Washington Times has fingered the No. 3 man in the Justice Department. Nevertheless, the Obama team has contended to Republican congressmen that it was these “professionals” who made the call. And these are among the Obama lawyers who now are going to “improve” enforcement of civil rights laws. We now know what the Obama “professional” lawyers look like in action.

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The Black Panther Case’s January Deadlines

The U.S. Commission on Civil Rights, I am informed, will be moving forward on two fronts with its investigation of the dismissal by the Obama Justice Department of the New Black Panther Party voter-intimidation case. Responses to the commission’s document requests and interrogatories are due on January 11. On January 15, the commission will meet and is expected to vote to schedule a February hearing in which it can begin to gather evidence and attempt to unearth what occurred behind the shuttered doors of the Obama Justice Department. At a hearing, one can expect witness testimony about the underlying incident, which took place on Election Day 2008 in Philadelphia; there will also be evidence presented concerning the intervention of Obama political appointees — at least to the extent that the Obama DOJ has complied with the written discovery requests.

As for the depositions of DOJ employees, sources tell me that unless an accommodation can quickly be reached with the Justice Department, the depositions will be reset in January. And those subpoenaed employees may then have ample opportunity to, if they desire, go to court seeking clarification as to whether a DOJ regulation invoked by the Obama administration to block their appearance (but which appears to apply to court proceedings, not to those of an independent body like the U.S. Commission on Civil Rights) bars their compliance with a subpoena issued pursuant to the commission’s statutory authority.

Meanwhile, Congress may also have something to say in January. The resolution of inquiry introduced by Rep. Frank Wolf has a clock ticking. The House Judiciary Committee must consider the resolution that calls for the Justice Department to provide information to Congress concerning the dismissal of the case. A Wolf adviser informed me: “We suspect that it will either be the last week of January or first week of February — they have 14 legislative days to consider, so it depends on the House schedule for January.” If the requisite number of committee members demand it, there will be a roll-call vote. Wolf’s adviser observed, “I suspect that the committee Republicans will call for and receive a roll-call vote.” We can expect that Democrats will vote it down on a straight party-line vote, but the debate is likely to be informative and provide the first chance for Congress to exercise any oversight responsibility in a serious matter of voter intimidation.

The mystery, however, continues for now: why did the Justice Department yank the case, and what is it now trying to hide? We may finally get some preliminary answers in January.

The U.S. Commission on Civil Rights, I am informed, will be moving forward on two fronts with its investigation of the dismissal by the Obama Justice Department of the New Black Panther Party voter-intimidation case. Responses to the commission’s document requests and interrogatories are due on January 11. On January 15, the commission will meet and is expected to vote to schedule a February hearing in which it can begin to gather evidence and attempt to unearth what occurred behind the shuttered doors of the Obama Justice Department. At a hearing, one can expect witness testimony about the underlying incident, which took place on Election Day 2008 in Philadelphia; there will also be evidence presented concerning the intervention of Obama political appointees — at least to the extent that the Obama DOJ has complied with the written discovery requests.

As for the depositions of DOJ employees, sources tell me that unless an accommodation can quickly be reached with the Justice Department, the depositions will be reset in January. And those subpoenaed employees may then have ample opportunity to, if they desire, go to court seeking clarification as to whether a DOJ regulation invoked by the Obama administration to block their appearance (but which appears to apply to court proceedings, not to those of an independent body like the U.S. Commission on Civil Rights) bars their compliance with a subpoena issued pursuant to the commission’s statutory authority.

Meanwhile, Congress may also have something to say in January. The resolution of inquiry introduced by Rep. Frank Wolf has a clock ticking. The House Judiciary Committee must consider the resolution that calls for the Justice Department to provide information to Congress concerning the dismissal of the case. A Wolf adviser informed me: “We suspect that it will either be the last week of January or first week of February — they have 14 legislative days to consider, so it depends on the House schedule for January.” If the requisite number of committee members demand it, there will be a roll-call vote. Wolf’s adviser observed, “I suspect that the committee Republicans will call for and receive a roll-call vote.” We can expect that Democrats will vote it down on a straight party-line vote, but the debate is likely to be informative and provide the first chance for Congress to exercise any oversight responsibility in a serious matter of voter intimidation.

The mystery, however, continues for now: why did the Justice Department yank the case, and what is it now trying to hide? We may finally get some preliminary answers in January.

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Stonewalling for Everyone but the NAACP?

In its ongoing effort to pry information out of the Justice Department regarding the dismissal of the New Black Panther voter-intimidation case, the U.S. Commission on Civil Rights last Friday sent a letter to Joseph P. Hunt, Director of the Federal Programs branch of the Civil Division. The letter, a copy of which I have received, in part reads:

Your refusal to schedule a meeting even to discuss the Commission’s pending discovery requests and depositions suggests that DOJ is not interested in working to develop a path that will allow each agency to fulfill its statutory obligation. As you are aware, the Commission first began requesting related information from the Department on June 16, 2009, six months ago. After six months passed without a substantive response from DOJ, the Commission felt it necessary to issue subpoenas.

And as it did in its discovery requests, the Commission hints that there was perhaps some unusual collaboration between the lefty lawyers in the Obama Justice Department and their ideological soul mates in the left-leaning civil rights community. (“According to news reports, however, DOJ shared sufficient common ground to consult with an outside advocacy group concerning aspects of the New Black Panther Party litigation, prior to the Department’s dismissal of most of the charges.”) This may, in part, explain the Justice Department’s reticence to turn over documents to the Commission. It might finally reveal the ideological underpinnings and the political calculus at play in the decision to dismiss an egregious case of voter intimidation.

So the Commission is plowing ahead. And what about those depositions of the trial team, which brought on the New Black Panther case and whose legal judgment was squashed by Obama’s political appointees? Well, those may be back on:

The Commission also agreed to postpone the deposition of Department personnel so that they and the Department could discuss any timing issues, or in an extraordinary case, to determine whether the President will invoke executive privilege to prevent the employees from providing certain testimony. A meeting would have clarified any outstanding issues related to the depositions. The Commission will set new deposition dates for the Department employees in the next few weeks, and may consider subpoenaing other Department personnel during the same time. If the Department does not want to discuss these issues, then the Commission will have to act without its input as to the individuals and timing of such depositions.

It seems as though the most transparent administration in history is now in full Nixonian stonewall mode. We’ll see if this tactic has a similarly disastrous result.

In its ongoing effort to pry information out of the Justice Department regarding the dismissal of the New Black Panther voter-intimidation case, the U.S. Commission on Civil Rights last Friday sent a letter to Joseph P. Hunt, Director of the Federal Programs branch of the Civil Division. The letter, a copy of which I have received, in part reads:

Your refusal to schedule a meeting even to discuss the Commission’s pending discovery requests and depositions suggests that DOJ is not interested in working to develop a path that will allow each agency to fulfill its statutory obligation. As you are aware, the Commission first began requesting related information from the Department on June 16, 2009, six months ago. After six months passed without a substantive response from DOJ, the Commission felt it necessary to issue subpoenas.

And as it did in its discovery requests, the Commission hints that there was perhaps some unusual collaboration between the lefty lawyers in the Obama Justice Department and their ideological soul mates in the left-leaning civil rights community. (“According to news reports, however, DOJ shared sufficient common ground to consult with an outside advocacy group concerning aspects of the New Black Panther Party litigation, prior to the Department’s dismissal of most of the charges.”) This may, in part, explain the Justice Department’s reticence to turn over documents to the Commission. It might finally reveal the ideological underpinnings and the political calculus at play in the decision to dismiss an egregious case of voter intimidation.

So the Commission is plowing ahead. And what about those depositions of the trial team, which brought on the New Black Panther case and whose legal judgment was squashed by Obama’s political appointees? Well, those may be back on:

The Commission also agreed to postpone the deposition of Department personnel so that they and the Department could discuss any timing issues, or in an extraordinary case, to determine whether the President will invoke executive privilege to prevent the employees from providing certain testimony. A meeting would have clarified any outstanding issues related to the depositions. The Commission will set new deposition dates for the Department employees in the next few weeks, and may consider subpoenaing other Department personnel during the same time. If the Department does not want to discuss these issues, then the Commission will have to act without its input as to the individuals and timing of such depositions.

It seems as though the most transparent administration in history is now in full Nixonian stonewall mode. We’ll see if this tactic has a similarly disastrous result.

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Flotsam and Jetsam

Sen. Ben Nelson, holding firm for now, “on Thursday rejected a proposed compromise related to abortion coverage, but Democratic leaders said that they remain confident that the matter would be resolved and that the chamber could still push an overhaul of the health-care system to final passage by Christmas.” And what about the other concerns Nelson says he has?

An informative report on the middle-class workers who will be impacted by the Senate’s “Cadillac tax” on  generous health-care plans explains: “A senior Democratic House aide said this week that the choice by the Senate to pay for health care reform with an excise tax that could hit middle-class workers, as opposed to the choice of the House to tax the highest earners, represents a fundamental philosophical difference between the two chambers that could endanger the entire bill if it is a part of the final conference report.”

The U.S. Commission on Civil Rights takes time out from bird-dogging the Justice Department on the New Black Panther case to write a letter to the president and Senate chiding them for including illegal racial preferences for medical schools in the health-care bill. “No matter how well-intentioned, utilizing racial preferences with the hop of alleviating health care disparities is inadvisable both as a matter of policy and as a matter of law.”

The Washington Times has the low-down on the firing of AmeriCorps Inspector General Gerald Walpin, in which “we get a glimpse of the tangled web of interests and embarrassments of Obama allies on which the firing of Mr. Walpin put a kibosh. In logic if not in law, this raises the specter of obstruction of justice.”

Mark McKinnon on how quickly the 2012 GOP field has changed: “What is most interesting, comparing the list today with the one a year ago, is who has fallen off it or otherwise lost altitude. Mark Sanford and John Ensign, once bright lights, have been doomed by the ancient curse of infidelity. Jon Huntsman got detailed to China. Bobby Jindal gave a painful speech which reminded voters of Kenneth from 30 Rock. And Mike Huckabee’s chances took a serious blow when a prisoner he freed as Arkansas governor allegedly shot and killed four policemen before being gunned down himself.” Could it possibly be that it’s just too early to start talking about 2012?

Republican congressional candidates in the suburbs are already running against Nancy Pelosi. With an approval rating like hers, you can understand why.

Another sterling Obama nominee: “President Obama’s recent nominee for ambassador to El Salvador was forced to withdraw her nomination to another diplomatic post a decade ago following concerns about ties to Cuba, raising red flags as her name heads to the Senate Foreign Relations Committee once again for approval. … The selection has started to draw some attention given that former President Clinton nominated her for ambassador to the Dominican Republic in 1998, only to see the nomination fizzle after the foreign relations panel questioned her over her past relationship with someone who had apparently caught the attention of the FBI.” According to one source, Cuban intelligence had tried to recruit her through her boyfriend.

The mysteries of science: “There are 20 million bubbles in a bottle of champagne and every one of them alters the taste, scent and fluid dynamics of the sparkling wine, say researchers studying the chemistry of carbonation and the physics of fizz.” Read the whole thing and lap up … er … savor slowly: “Each exploding bubble sprays hundreds of droplets of concentrated compounds into the air, wreathing anyone drinking it in a fragrant mist, mass spectroscopy studies show.” But don’t tell the EPA : it’s all about carbon dioxide.

Sen. Ben Nelson, holding firm for now, “on Thursday rejected a proposed compromise related to abortion coverage, but Democratic leaders said that they remain confident that the matter would be resolved and that the chamber could still push an overhaul of the health-care system to final passage by Christmas.” And what about the other concerns Nelson says he has?

An informative report on the middle-class workers who will be impacted by the Senate’s “Cadillac tax” on  generous health-care plans explains: “A senior Democratic House aide said this week that the choice by the Senate to pay for health care reform with an excise tax that could hit middle-class workers, as opposed to the choice of the House to tax the highest earners, represents a fundamental philosophical difference between the two chambers that could endanger the entire bill if it is a part of the final conference report.”

The U.S. Commission on Civil Rights takes time out from bird-dogging the Justice Department on the New Black Panther case to write a letter to the president and Senate chiding them for including illegal racial preferences for medical schools in the health-care bill. “No matter how well-intentioned, utilizing racial preferences with the hop of alleviating health care disparities is inadvisable both as a matter of policy and as a matter of law.”

The Washington Times has the low-down on the firing of AmeriCorps Inspector General Gerald Walpin, in which “we get a glimpse of the tangled web of interests and embarrassments of Obama allies on which the firing of Mr. Walpin put a kibosh. In logic if not in law, this raises the specter of obstruction of justice.”

Mark McKinnon on how quickly the 2012 GOP field has changed: “What is most interesting, comparing the list today with the one a year ago, is who has fallen off it or otherwise lost altitude. Mark Sanford and John Ensign, once bright lights, have been doomed by the ancient curse of infidelity. Jon Huntsman got detailed to China. Bobby Jindal gave a painful speech which reminded voters of Kenneth from 30 Rock. And Mike Huckabee’s chances took a serious blow when a prisoner he freed as Arkansas governor allegedly shot and killed four policemen before being gunned down himself.” Could it possibly be that it’s just too early to start talking about 2012?

Republican congressional candidates in the suburbs are already running against Nancy Pelosi. With an approval rating like hers, you can understand why.

Another sterling Obama nominee: “President Obama’s recent nominee for ambassador to El Salvador was forced to withdraw her nomination to another diplomatic post a decade ago following concerns about ties to Cuba, raising red flags as her name heads to the Senate Foreign Relations Committee once again for approval. … The selection has started to draw some attention given that former President Clinton nominated her for ambassador to the Dominican Republic in 1998, only to see the nomination fizzle after the foreign relations panel questioned her over her past relationship with someone who had apparently caught the attention of the FBI.” According to one source, Cuban intelligence had tried to recruit her through her boyfriend.

The mysteries of science: “There are 20 million bubbles in a bottle of champagne and every one of them alters the taste, scent and fluid dynamics of the sparkling wine, say researchers studying the chemistry of carbonation and the physics of fizz.” Read the whole thing and lap up … er … savor slowly: “Each exploding bubble sprays hundreds of droplets of concentrated compounds into the air, wreathing anyone drinking it in a fragrant mist, mass spectroscopy studies show.” But don’t tell the EPA : it’s all about carbon dioxide.

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Wolf Turns Up the Heat on Black Panther Case

Rep. Frank Wolf turned up the heat on the Justice Department yesterday, introducing a Resolution of Inquiry that recounts the degree to which the Justice Department has stonewalled on efforts to find out why a serious case of voter intimidation was dismissed. Wolf wants the attorney general to hand over to the House all information relating to the dismissal of the case United States v. New Black Panther Party, the egregious voter-intimidation case that was captured on videotape. Wolf ‘s resolution explains:

This case was inexplicably dismissed earlier this year — over the ardent objections of the career attorneys overseeing the case as well as the department’s own appeal office.  I regret that Congress must resort to oversight resolutions as a means to receive information about the dismissal of this case, but the Congress and the American people have a right to know why this case was not prosecuted.

As ranking Republican member of the House Commerce-Justice-Science Appropriations Subcommittee that funds the Justice Department, I take oversight of the department very seriously. … Time and again over the last year, the department has stonewalled any effort to learn about the decision to dismiss this case. I have written Attorney General Holder on six occasions asking for an explanation for the dismissal of this case. To date, I have received no response from him.

Wolf recounts his efforts to get answers — from the DOJ inspector general, who passed the buck, to the Office of Professional Responsibility, supervised by the attorney general. He notes that he has written to OPR, but the office not only refused to share information but also provided an incomplete and inaccurate response from a legislative-affairs staff member. He also chides the inadequate congressional oversight of House Judiciary Chairman John Conyers and notes that the U.S. Commission on Civil Rights, also rebuffed, has been forced to resort to issuing subpoenas. Confirming press accounts, Wolf asserts that “the attorney general has instructed his department to ignore these subpoenas,” giving his employees the choice between obeying the law and complying with the attorney general’s obstruction, regardless of his standing as the nation’s chief law enforcer.

Wolf implores the House not to turn a “blind eye” to the attorney general’s obstruction. He also urges the attorney general to answer the commission’s inquiries. The resolution must be voted on by the Judiciary Committee and will likely be defeated in a party-line vote. But the issue is slowly and surely getting some visibility.

Perhaps more important, Wolf inserted in the appropriation bill for the Justice Department language that directs Justice to report back on the findings of the inquiry by the Office of Professional Responsibility and to advise Congress of its ensuing recommendations for action.

It seems as though the Obami’s plan to conceal the Black Panther case under the radar screen is being thwarted. As one Capitol Hill source told me of the Obama Justice Department, “They will HATE this … there is no dodging this now.” At the very least, we may find out why Obama political appointees subverted the efforts of career attorneys.

Rep. Frank Wolf turned up the heat on the Justice Department yesterday, introducing a Resolution of Inquiry that recounts the degree to which the Justice Department has stonewalled on efforts to find out why a serious case of voter intimidation was dismissed. Wolf wants the attorney general to hand over to the House all information relating to the dismissal of the case United States v. New Black Panther Party, the egregious voter-intimidation case that was captured on videotape. Wolf ‘s resolution explains:

This case was inexplicably dismissed earlier this year — over the ardent objections of the career attorneys overseeing the case as well as the department’s own appeal office.  I regret that Congress must resort to oversight resolutions as a means to receive information about the dismissal of this case, but the Congress and the American people have a right to know why this case was not prosecuted.

As ranking Republican member of the House Commerce-Justice-Science Appropriations Subcommittee that funds the Justice Department, I take oversight of the department very seriously. … Time and again over the last year, the department has stonewalled any effort to learn about the decision to dismiss this case. I have written Attorney General Holder on six occasions asking for an explanation for the dismissal of this case. To date, I have received no response from him.

Wolf recounts his efforts to get answers — from the DOJ inspector general, who passed the buck, to the Office of Professional Responsibility, supervised by the attorney general. He notes that he has written to OPR, but the office not only refused to share information but also provided an incomplete and inaccurate response from a legislative-affairs staff member. He also chides the inadequate congressional oversight of House Judiciary Chairman John Conyers and notes that the U.S. Commission on Civil Rights, also rebuffed, has been forced to resort to issuing subpoenas. Confirming press accounts, Wolf asserts that “the attorney general has instructed his department to ignore these subpoenas,” giving his employees the choice between obeying the law and complying with the attorney general’s obstruction, regardless of his standing as the nation’s chief law enforcer.

Wolf implores the House not to turn a “blind eye” to the attorney general’s obstruction. He also urges the attorney general to answer the commission’s inquiries. The resolution must be voted on by the Judiciary Committee and will likely be defeated in a party-line vote. But the issue is slowly and surely getting some visibility.

Perhaps more important, Wolf inserted in the appropriation bill for the Justice Department language that directs Justice to report back on the findings of the inquiry by the Office of Professional Responsibility and to advise Congress of its ensuing recommendations for action.

It seems as though the Obami’s plan to conceal the Black Panther case under the radar screen is being thwarted. As one Capitol Hill source told me of the Obama Justice Department, “They will HATE this … there is no dodging this now.” At the very least, we may find out why Obama political appointees subverted the efforts of career attorneys.

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The Black Panther Cover-Up

The Justice Department has ordered its career trial lawyers who have been subpoenaed by the U.S. Commission on Civil Rights not to appear to provide testimony or give documents in the investigation of DOJ’s dismissal of the New Black Panther Party voter-intimidation case. The Washington Times explains:

Joseph H. Hunt, director of the Justice Department’s Federal Programs Branch, ordered the lawyers’ silence in a letter to the attorney for J. Christian Adams, the lead attorney for the department in the New Black Panther case. The letter said “well-established” and “lawful” Justice Department guidelines prohibited Mr. Adams’ cooperation in the commission probe.

How a personnel guideline can supersede the force of a subpoena issued by the commission remains a mystery. The report notes:

Todd Gaziano, a nonpartisan member of the Civil Rights Commission, challenged the Justice Department’s ruling, saying that the regulations cited do not apply and that the commission is “duly authorized by statute to review and report on enforcement activities of the Justice Department and other similar agencies.”

“Our job places a premium on our role as a watchdog of federal and state enforcement agencies, and to that end, Congress has instructed all agencies to comply fully with our requests,” he said. … [Gaziano] said the Justice Department “had it exactly backwards” when it suggested that there could be negative consequences for those who comply with the commission’s subpoenas. He said a lawyer cannot refuse to comply with a subpoena he knows to be lawful.

A source tells me that Adams was “not quite” threatened with the loss of his job, but plainly he and his colleague, Christopher Coates, the voting rights section chief, are being strong-armed to disregard a lawful subpoena. This is abject lawlessness, the sort of executive imperiousness that, if practiced by a Republican administration, would bring howls of protest from Congress, the media, and liberal lawyers’ groups. The Obama Justice Department doesn’t want to respond to a subpoena because they have a personnel rule? Next thing you know they’ll be claiming executive privilege for a social secretary. Oh yes, that’s right …

Now as for the merits, the Justice Department spokesman continues to spew the administration line that the voter-intimidation case brought by DOJ’s career lawyers was not supported by the law and the facts. But of course the lawyers disagree, claiming that their best legal judgment was overridden by political appointees without justification. They have a story to tell, with documents, firsthand accounts of meetings and conversations and e-mails with the political appointees’ own remarks, which they say will substantiate their position. But the Justice Department won’t let any of that out, nor will it say what specifically about the case lacked factual or legal support.

It’s not clear where we go from here. The Justice Department lawyers may appear anyway, testing whether the Obama administration would go as far as to fire them for complying with a subpoena. A deal might be negotiated between DOJ (which is apparently concerned that something quite distasteful may emerge) and the commission to provide some portion of the requested information. Or Congress might wake up, fulfill its obligation to conduct some real oversight of the Obama administration (which once again is telling us that the rules that apply to everyone else don’t apply to the White House), and actually hold a hearing on the matter.

The crew that excoriated the “politicization” of justice is now in a furious fight to cover their tracks and prevent career lawyers from blowing the whistle on Obama political appointees who reached down to pull the plug on a serious case of voter intimidation. The Obami need not be accountable or “transparent” to anyone, they would have us believe. We’ll see if that proves to be a winning position.

The Justice Department has ordered its career trial lawyers who have been subpoenaed by the U.S. Commission on Civil Rights not to appear to provide testimony or give documents in the investigation of DOJ’s dismissal of the New Black Panther Party voter-intimidation case. The Washington Times explains:

Joseph H. Hunt, director of the Justice Department’s Federal Programs Branch, ordered the lawyers’ silence in a letter to the attorney for J. Christian Adams, the lead attorney for the department in the New Black Panther case. The letter said “well-established” and “lawful” Justice Department guidelines prohibited Mr. Adams’ cooperation in the commission probe.

How a personnel guideline can supersede the force of a subpoena issued by the commission remains a mystery. The report notes:

Todd Gaziano, a nonpartisan member of the Civil Rights Commission, challenged the Justice Department’s ruling, saying that the regulations cited do not apply and that the commission is “duly authorized by statute to review and report on enforcement activities of the Justice Department and other similar agencies.”

“Our job places a premium on our role as a watchdog of federal and state enforcement agencies, and to that end, Congress has instructed all agencies to comply fully with our requests,” he said. … [Gaziano] said the Justice Department “had it exactly backwards” when it suggested that there could be negative consequences for those who comply with the commission’s subpoenas. He said a lawyer cannot refuse to comply with a subpoena he knows to be lawful.

A source tells me that Adams was “not quite” threatened with the loss of his job, but plainly he and his colleague, Christopher Coates, the voting rights section chief, are being strong-armed to disregard a lawful subpoena. This is abject lawlessness, the sort of executive imperiousness that, if practiced by a Republican administration, would bring howls of protest from Congress, the media, and liberal lawyers’ groups. The Obama Justice Department doesn’t want to respond to a subpoena because they have a personnel rule? Next thing you know they’ll be claiming executive privilege for a social secretary. Oh yes, that’s right …

Now as for the merits, the Justice Department spokesman continues to spew the administration line that the voter-intimidation case brought by DOJ’s career lawyers was not supported by the law and the facts. But of course the lawyers disagree, claiming that their best legal judgment was overridden by political appointees without justification. They have a story to tell, with documents, firsthand accounts of meetings and conversations and e-mails with the political appointees’ own remarks, which they say will substantiate their position. But the Justice Department won’t let any of that out, nor will it say what specifically about the case lacked factual or legal support.

It’s not clear where we go from here. The Justice Department lawyers may appear anyway, testing whether the Obama administration would go as far as to fire them for complying with a subpoena. A deal might be negotiated between DOJ (which is apparently concerned that something quite distasteful may emerge) and the commission to provide some portion of the requested information. Or Congress might wake up, fulfill its obligation to conduct some real oversight of the Obama administration (which once again is telling us that the rules that apply to everyone else don’t apply to the White House), and actually hold a hearing on the matter.

The crew that excoriated the “politicization” of justice is now in a furious fight to cover their tracks and prevent career lawyers from blowing the whistle on Obama political appointees who reached down to pull the plug on a serious case of voter intimidation. The Obami need not be accountable or “transparent” to anyone, they would have us believe. We’ll see if that proves to be a winning position.

Read Less




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