DOJ Investigation Exonerates the DOJ of Any New Black Panther Party Shenanigans

I guess I owe you an apology.

I was wrong about the New Black Panther case being a matter of the New Black Panthers having black skin.  It turns out there was a very good reason why, after winning the case again the Panthers, the case was dropped.

And it had nothing to do with the race of the defendents.

I know this because an appointee of Attorney General Eric Holder did an internal investigation of the Department of Justice and found everything to be ship-shape.

Again, my bad:

The Justice Department’s internal ethics watchdog on Tuesday told Congress that it had cleared all department lawyers of wrongdoing in relation to a much-disputed voter-intimidation case involving the New Black Panther Party, a black-nationalist fringe group.

In a letter to the House Judiciary Committee, the department’s Office of Professional Responsibility said it had found no evidence that officials involved in decisions about the case acted inappropriately out of political or racial motivations.

So there it is.  The Department of Justice took a good hard look at the Department of Justice and said, “Um, nope.  Nothing to see here.”

So I guess I was all wrong.

“We determined that the attorneys involved in the NBPP case made good faith, reasonable assessments of the facts and the law,” wrote Robin Ashton, a counsel in the office.

Again, this is the Department of Justice investigating the Department of Justice.  Are you surprised they found no wrong doing?

Sam Foster writes at Left Coast Rebel:

Robin Ashton is not part of some nonpartisan commission. She works for and reports to Eric Holder. She’s an Eric Holder appointment who was given the job of exonerating Obama since just last December right before Republicans took hold of the keys of executive oversight.

The DOJ findings stand in stark contrast with the nonpartisan Commission on Civil Rights which in January found that Obama’s administration was in fact, overtly culpable in the New Black Panther proceedings. But, since the commission issued this preliminary finding, Obama has appointed Democrat and Chicago attorney (as if there could be an Obama appointment from some other city) Martin Castro to chair the commission. Do you think we’ll ever get an official report now?

I do.  And it will read exactly as Eric Holder and President Obama want it to read.

It seems the Holder DOJ has installed the Memory Holes.  Time to put them to work.

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All American Interviews: Christian Adams on the New Black Panther Party Case and FOIA Request Discrimination Within the DOJ

When I was waiting to talk to Kansas Secretary of State Chris Kobach yesterday, another man approached and shook his hand. When I saw who it was, I knew I wanted to talk with him also. It was Christian Adams.

I have written about the New Black Panther Party intimidation case here, and here, and here, and here, and here.  If you are not up on the case, take the time to read a few and you’ll get the jist.

Christian Adams was the first DOJ official to come forward about racial bias in the Department of Justice Civil Rights Division.  Adams testified before Congress:

J. Christian Adams, testifying Tuesday before the U.S. Commission on Civil Rights, said that “over and over and over again,” the department showed “hostility” toward those cases. He described the Black Panther case as one example of that — he defended the legitimacy of the suit and said his “blood boiled” when he heard a Justice official claim the case wasn’t solid.

“It is false,” Adams said of the claim.

“We abetted wrongdoing and abandoned law-abiding citizens,” he later testified.

When I sat down with him, he told me about another discovery he had recently made.  The DOJ plays favorites when it comes to Freedom of Information Requests.  Writing at Pajamas Media, he says:

The data in the FOIA logs I obtained reveal the priorities of the Civil Rights Division — transparency for friends, stonewalls for the unfriendly. Those enjoying speedy compliance with their Freedom of Information Act requests include:

– Gerry Hebert, noted free speech opponent, partisan liberal, and former career Voting Section lawyer who testified against now-Senator Jeff Sessions when he was nominated to the federal judiciary. Same day service.

– Kristen Clarke, NAACP Legal Defense Fund. Clarke sought the dismissal of the voter intimidation case against the New Black Panther party. Same day service.

– Ari Shapiro of National Public Radio. Five day service.

– Nicholas Espiritu of the Mexican American Legal Defense Fund. Next day service.

– Eugene Lee of the Asian Pacific American Legal Center. Three day service.

– Edward DuBose, president of Georgia NAACP. Same day service.

– Raul Arroyo-Mendoza of the Advancement Project. Same day service.

– Nina Perales of the Mexican American Legal Defense Fund. Two day service.

– Tova Wang of Demos. Three day service.

– Mark Posner and Robert Kengle of the Lawyers Committee for Civil Rights Under Law.
Kengle is the same former DOJ attorney who did not want to do election coverage in Mississippi where a federal court found that white voters were being discriminated against. Same day service.

– Brian Sells, formerly of the ACLU and now of the DOJ Voting Section. (Paging Charlie Savage). One day service.

– Natalie Landreth, Native American Rights Fund. Same day service.

– Fred McBride, ACLU redistricting coordinator. Same day service.

– Jenigh Garrett, NAACP Legal Defense Fund. Same day service.

– Joaquin Avila, well-known election law professor in Seattle who advocates for the rights of illegal aliens to vote in American elections. Next day service.

In contrast, well-known conservatives, Republicans, or political opponents had to wait many months for a response, if they ever got one:

– Michael Rosman, Center for Individual Rights. Six month wait.

– Jennifer Rubin (seeking records relating to employees, like Charlie Savage did). No reply at all.

– Congressman Frank Wolf. Five month wait. Wolf now chairs the Appropriations Subcommittee in charge of the DOJ budget. Oops.

– Jed Babbin, editor at Human Events. Six month wait.

– Jerry Seper, Washington Times. Six month wait.

– Jim Boulet of the English First Foundation. No reply at all.

– Jenny Small of Judicial Watch. Five month wait.

– Republican Pennsylvania state Representative Stephen Barrar. Four month wait.

– Jason Torchinsky, former DOJ and now ace GOP lawyer. No reply at all.

– Ben ConeryWashington Times. Five month wait.

It should be noted that the logs reveal plenty of mundane compliance to requestors of no particular note. Other times, very short delays mark a request from an administration friend. But in no instance does a conservative or Republican requestor receive a reply in the time period prescribed by law.

We discussed both cases in the interview below:

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“The dispute over the Panthers, and the Justice Department’s handling of it, was politicized from the start…”

The Washington Post has taken a look at the story behind the New Black Panther Party voter intimidation case.

A good look.

Here’s what they found:

Interviews and government documents reviewed by The Washington Post show that the case tapped into deep divisions within the Justice Department that persist today over whether the agency should focus on protecting historically oppressed minorities or enforce laws without regard to race.

The dispute over the Panthers, and the Justice Department’s handling of it, was politicized from the start, documents and interviews show. On Election Day, the issue was driven by Republican poll watchers and officials and a conservative Web site.

At the department, Adams and his colleagues pushed a case that other career lawyers concluded had major evidentiary weaknesses. After the Obama administration took over, high-level political appointees relayed their thoughts on the case in a stream of internal e-mails in the days leading to the dismissal.

That decision to pull back the lawsuit caused conflicts so heated that trial team members at times threw memos in anger or cursed at supervisors.

That first paragraph is a game changer.

How is it justifiable to look at legal cases through the lens of race?  How is it acceptable to have a division of the Justice Department that doesn’t know if they should prosecute a case because the defendant is a minority?

There is no justification.  There has to be some serious changes made.

And no, I don’t blame this all on Eric Holder.  It’s obvious this is a culture that has been established over time.  It was like this when Holder arrived.  Oh, he made of emboldened some of the veterans there, so cases like this one were dropped solely on racial reasons, but he didn’t create the culture.

Some weapon’s grade housecleaning is in order.  There are people there, and no doubt someone knows who, that need to find employment elsewhere.

Comments like this show a culture that sees race as a reason to tolerate criminal activity against whites:

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

Whether Holder or anyone else in this administration has the backbone, or motivation, to make the necessary changes is the question.

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DOJ Probing Tea Partiers for Voter Intimidation, New Black Panther Party Still Good to Go

Talking Points Memo has a post up about alleged voter intimidation in Texas.  The premise is that Tea Party members are acting as poll watchers and are intimidating minority voters.

How?

Harris County, the biggest county in the state, is where a Tea Party group called the King Street Patriots launched an anti-voter fraud initiative called “True the Vote,” which recruited poll watchers and amped up fears over groups like the community organizing group ACORN.

Chad Dunn, a lawyer who is representing the Texas Democratic Party, told TPMMuckraker a number of witnesses have been interviewed by Civil Rights Division lawyers already. “We’ve gotten a number of reports — quite a few out of the Houston area — that poll watchers, King Street Patriot training poll watchers, are following a voter after they’ve checked them out and stand right behind them,” Dunn said. There’s at least a dozen reports that they could confirm with witnesses, he said. “Interestingly, it’s all in the polling places in Hispanic and African-American areas,” he added.

I see what you did there.

I wonder if this is a situation where the epigram “Never ascribe to malice that which is adequately explained by incompetence” would be more accurate.

This is probably the first time a lot of these folks have been in this position, and may not have been trained properly.  They might also be a little overzealous in carrying out their duties.

But it doesn’t sound like they are actively trying to intimidate voters.  I mean, it’s not like they are carrying billy clubs or anything.  Not that that’s something this administration would care about.

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Coates: Voter Intimidation Ignored in the Department of Justice If Victim Is White

On June 30th, I wrote the following about the first claim of racism at the Department of Justice.  Megyn Kelly had just interviewed J. Christian Adams and the word was out about the lack of concern when white folks were victims of voter intimidation.

“There is a pervasive hostility within the civil rights division at the Justice Department toward these sorts of cases,” Adams told Fox News’ Megyn Kelly.

Adams says the dismissal is a symptom of the Obama administration’s reverse racism and that the Justice Department will not pursue voting rights cases against white victims.

“In voting, that will be the case over the next few years, there’s no doubt about it,” he said.

J. Christian Adams was dismissed as a partisan hack, a right winger with an agenda.

Today, his supervisor, Christopher Coates, went against the orders of the DOJ, who told him to ignore a supoena, and spoke truth to power.

His message was disturbing.  He described a division of the Department of Justice that was hostile toward defending white people and prosecuting the minorities who intimidate them:

He said civil rights attorneys stick to cases that involve minority victims, and he said the Black Panther case was dismissed following “pressure” by the NAACP and “anger” at the case within the Justice Department itself.

“That anger was the result of their deep-seated opposition to the equal enforcement of the Voting Rights Act against racial minorities and for the protection of white voters who have been discriminated against,” he said.

He said a 2005 case against a black official in Mississippi over voter intimidation claims had stirred a backlash in the department and from civil rights groups — and that the New Black Panther case was no different.

The Department of Justice dismissed the testimony, calling the investigation “thin on facts and evidence and thick on rhetoric.”

“The department makes enforcement decisions based on the merits, not the race, gender or ethnicity of any party involved,” department spokeswoman Tracy Schmaler said. “We are committed to comprehensive and vigorous enforcement of the federal laws that prohibit voter intimidation.”

Then why was the case dropped?  It was already won.  What was the reason to let the New Black Panther Party members off the hook?

Coates called it a “travesty of justice.”


Now before you left wing trolls start sounding off about how this guy is just another wingnut, read this:

Christopher Coates is a U.S. Justice Department official and former ACLU lawyer.

Coates’ testimony, combined with the testimony of J. Christian Adams, need to be investigated.  If there are DOJ lawyers who are refusing to provide Americans the best service they can because of the color of their skin, they need to find other work.  If supervisors are creating a culture where this is allowed, or even encouraged, there needs to be action as well, perhaps prosecution for civil rights violations.

But one thing is clear.  There are problems in the Department of Justice.  And someone needs to take a microscope to the place.

Further reading in the Rightosphere:

Cross posted at Right Wing News.

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New Black Panther Case Handled Under Bush? Not So Fast…

Last night I read an article on The American Prospect by Adam Serwer that cast some doubt on the premise that Eric Holder’s Department of Justice was responsible for letting cracker hater King Samir Shabazz off with a slap on the wrist.

Serwer wrote:

there’s a specific data point that has been lost in all the breathless coverage of this case and whether or not it represents a racist agenda from the Obama administration: The decision not to file a criminal case occurred before Obama was even in office.

From the testimony of Thomas Perez, head of the Civil Rights Division, before the U.S. Commission on Civil Rights in May:

Perez Testimony.jpg

This means that the case was downgraded to a civil case 11 days before Obama was inaugurated, 26 days before Eric Holder became attorney general, and about nine months before Thomas Perez was confirmed as head of the Civil Rights Division.

Serwer referenced Media Matters on this. There was a time when I would have thrown in the towel. Game over.

Not anymore. I sat on this because I knew I didn’t know enough about the specifics and hoped today there would be someone who did that could clarify Serwer’s claims.

Enter Hans A. von Spakovsky, “a former commissioner on the Federal Election Commission and a former counsel to the assistant attorney general for civil rights at the Justice Department.”

He rebuts:

This “downgrade” talking point is apparently supposed to excuse the Obama administration’s decision to dismiss virtually the entire civil voter intimidation case and to neuter the injunction sought against the one remaining defendant so substantially that what was left was little more than a minor annoyance.

These claims by a nonlawyer betray a fundamental ignorance of the difference between civil and criminal prosecutions and a total misunderstanding of how things work at the Justice Department and the Civil Rights Division. First of all, although the Civil Rights Division has a Criminal Section, the vast majority of its voting-rights prosecutions are civil cases conducted by the division’s Voting Section. Whenever someone violates the Voting Rights Act and does so in a way that is potentially both a civil and a criminal violation, the division must decide whether to proceed first with a civil or a criminal case. With most voting cases, the decision is usually to go with a civil case, particularly if there are elections coming up in the near future. That is because civil cases have a lower burden of proof and give the government the opportunity to obtain almost immediately a temporary injunction to stop the defendants from engaging in the same wrongful behavior as the case winds its way through the federal courts.

Criminal cases can take longer to develop, particularly since the government usually has to convene a federal grand jury to return an indictment. Also, criminal cases focus like a laser beam on individual defendants, whereas civil cases can include an organizational defendant (like the NBPP).

The focus for the Civil Rights Division is always on the best way to get the remedy that is needed to stop and prevent the recurrence of the voter intimidation or other wrongful behavior as soon as possible. In this particular case, when the decision was being made in January of 2009, the division knew there was going to be another election in May in Philadelphia. The fastest to way to make sure there would be no thugs in paramilitary uniforms and jackboots smacking batons into their fists at polling places in the upcoming election was to file a civil complaint and obtain a restraining order against the individual defendants and the New Black Panther Party. In fact, one of the defendants dismissed from the case was once again credentialed as a Democratic poll watcher in the May election.

Once the division obtained a judgment and an injunction in the civil case, they could have decided to further pursue a criminal prosecution against the individual New Black Panthers, but the number one priority had to be getting a civil injunction as expeditiously as possible before the next election.

So, this left-wing excuse (that criminal charges weren’t also brought) may strongly support what the Civil Rights Commission is now trying to focus on — and what the DOJ is desperately trying to cover up.

Indeed, the person who would have been responsible for making a recommendation on whether to file a subsequent criminal charge against the individual New Black Panther defendants was Mark Kappelhoff, the “career” chief of the Criminal Section and a former ACLU lawyer. Besides being a big contributor to Democratic candidates like Barack Obama and John Kerry, as well as the DNC, Kappelhoff was considered such a liberal loyalist that he was moved into the political position of chief of staff to the acting assistant attorney general for civil rights by the Obama transition team almost as soon as they came in the door.

Sources tell me that Kappelhoff never recommended a criminal case against the baton-yielding thugs, so the claim that the Bush administration is somehow responsible for “downgrading” this case is complete nonsense.

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Panther Leader Admits Intimidation, Holder DOJ Investigates…ex-BART cop Johannes Mehserle?

Following the explosive video of King Samir Shabazz ranting about how he hates every iota of a cracker comes a video admission by the head of the New Black Panther Party that they were there, with batons:

From Big Government:

“There were strong intelligence indicators that there was going to be some trouble at the polls and we wanted to make sure the police were not harassing our people so we wanted to go out and do what we could. It’s just that sometimes the New Black Panther Party, sometimes, whatever we do we just tend to do it kinda strong.”

Finally, Shabazz instructs his disciples that as soon as a “Black man” took over the Justice Department the charges were thrown out.

This new video is even more damning to the Obama Justice Department given the astounding testimony by Mr. Adams:

“I was told by Voting Section management that cases are not going to be brought against Black defendants for the benefit of White victims. That if somebody wanted to bring these cases, it was up to the US Attorney but the Civil Rights Division wasn’t going to be bringing it.”

Still nothing from the Holder Department of Justice on any of these charges.

They are, however, looking into a case of ex-BART cop Johannes Mehserle, who was found guilty of involuntary manslaughter. Mehserle alleges he intended to use his Taser on Oscar Grant, but mistakenly drew his gun and shot him. The jury believed his story.

The Holder DOJ doesn’t, it seems:

In a statement yesterday after jurors found Mehserle guilty of involuntary manslaughter, the US Justice Department said that it “will conduct and independent review of the facts and circumstances to determine whether the evidence warrants federal prosecution.”

For the record, a group of black men in military garb holding a weapon outside a polling place on election day gets the charges dropped after the DOJ won the case, but a white cop facing five to fourteen years for shooting a black man warrants an independent review.

And the left was upset that Bush politicized the Department of Justice?

Blue Hat Tip: Ed Driscoll

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"You are about to be ruled by the black man, cracker!"

Back in November, a couple of New Black Panther Party members got all gussied up, grabbed their nightsticks and went out to a polling place in Philadelphia. While they were there, they allegedly tried to intimidate the voters and witnessed quoted them as saying, “You are about to be ruled by the black man, cracker!”

Here’s video of the two, including video of the billy club:




I would say that’s voter intimidation. So did the Justice Department. At least under Bush it did. John Fund has the rest of the story:

In the first week of January, the Justice Department filed a civil lawsuit against the New Black Panther Party and three of its members, saying they violated the 1965 Voting Rights Act by scaring voters with the weapon, uniforms and racial slurs. In March, Mr. Bull submitted an affidavit at Justice’s request to support its lawsuit.

When none of the defendants filed any response to the complaint or appeared in federal district court in Philadelphia to answer the suit, it appeared almost certain Justice would have prevailed by default. Instead, the department in May suddenly allowed the party and two of the three defendants to walk away. Against the third defendant, Minister King Samir Shabazz, it sought only an injunction barring him from displaying a weapon within 100 feet of a Philadelphia polling place for the next three years—action that’s already illegal under existing law.

So, why did they just let it go? No one really knows. But there is still action being taken:

The U.S. Commission on Civil Rights voted on Aug. 7 to send a letter to Justice expanding its own investigation and demanding more complete answers. “We believe the Department’s defense of its actions thus far undermines respect for rule of law,” its letter stated. It noted “the peculiar logic” of one Justice argument, that defendants’ failure to show up in court was a reason for dismissing the case: “Such an argument sends a perverse message to wrongdoers—that attempts at voter suppression will be tolerated so long as the persons who engage in them are careful not to appear in court to answer the government’s complaint.”

The commission noted that it could subpoena witnesses and documents if Justice doesn’t better explain its actions.

I would like to hear why this was just dropped, but I get the feeling the Justice Department’s response would be similar to me eating a small McDonald’s Sundae: it’s nice to have, but not really that satisfying.

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