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TPMtv Guide: Wednesday, June 6

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Bradley Schlozman earned a reputation as something of a ‘vote fraud’ wrecking ball during his tenure as head of the Civil Rights Division of the Justice Department and later as an interim U.S. Attorney in the Western District of Missouri. But when Schlozman went to Capitol Hill Tuesday to testify before the Senate Judiciary Committee, the wrecking ball ran into a buzzsaw, and the result… was a train wreck.

We give you the highlights, or lowlights, in today’s episode of TPMtv.

Schlozman figures into the U.S. Attorney Purge story in a number of ways, but his central role was pushing voter suppression efforts around the country using the power of the Department of Justice and specifically his office as U.S. Attorney in Kansas City. The idea was to suppress minority voter turnout in key swing states to help Republican candidates, under the assumption that minorities tend to vote disproportionately for Democrats.

What the senators keyed in on during Schlozman’s testimony was something he did just days prior to the November 2006 midterm elections, while he was serving as a non-Senate-confirmed interim U.S. Attorney for the Western District of Missouri, appointed under the USA Patriot Act. He brought a series of vote fraud indictments just prior to the elections. This goes against explicit Department of Justice guidelines. You’re not supposed to bring politically tinged indictments, especially for election/voting crimes, just before an election because, quite obviously, it could have the direct effect of influencing the election by suppressing voter turnout.

So members of the Senate Judiciary Committee aimed to find out why Schlozman violated DOJ guidelines to bring these vote fraud indictments just in time for the election in an apparent effort to suppress voter turnout.

What follows in today’s episode is a montage of some of the most maddening/depressing/torturous/unintentionally hilarious – depending on your particular worldview – segments of Schlozman’s testimony. Raw footage of the hearing was provided to TPMtv by CapNews.Net.

If you don’t have the time/masochistic élan to watch the montage, the crux of it is that Schlozman could offer no explanation nor excuse for his action other than the paltry line that he simply did not think the charge (brought five days before the November midterm elections, at the climax of one of the closest Senate races in the country, and publicized at the time in no uncertain terms) “was going to have any effect on the election in this case.” The first time Senator Pat Leahy (D-VT) heard those words come out of Schlozman’s mouth he replied incredulously, “You’re amazing.”

Actually, Schlozman did have one other fallback line: that he consulted with Craig Donsanto, the director of the Election Crimes branch of the Justice Department, about the indictments before issuing them and Donsanto gave him the green light. Senator Chuck Schumer (D-NY) pressed Schlozman particularly hard on this, and Schlozman testified that if questioned, Donsanto would state explicitly and without reservation that he did in fact OK the issuing of the indictments.

The reason that Schumer was so suspicious about Donsanto signing off on pre-election vote fraud indictments is that Donsanto is the one who actually wrote the Department of Justice manual that includes the guideline about not issuing such indictments.

After the testimony we found an e-mail from one of those DOJ document dumps from David Iglesias of all people, the fired U.S. Attorney from New Mexico. Iglesias worked with Donsanto in 2004 and he offers a starkly different rendition of Donsanto’s position on issuing election-timed indictments from the one offered by Schlozman in his testimony.

Mr. Donsanto can in all likelihood expect a letter from the Senate Judiciary Committee shortly. Of course we’ll keep looking at it ourselves and we’ll bring you more as we find it.


7 Comments

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Schlozman is an incredible piece of work!!! I may have been projecting, but I thought the level of the red flush on his face altered with the degree of fraud he was committing during his testimony.

Nah that was just a sign of the pressure from all the shit being packed into his head.

One of the biggest problems I have with all these DOJ Repub shills is: How the hell do you run the DOJ and whole USA offices with NO experience?????? WTF? Is the FDA, DOD, CDC etc being run by equivalent shill morons with no experience in the areas they supervise? Isn't that a severe threat to our nation's well being?

He didn't know the Republican press release was meant to influence the election? He couldn't imagine the indictments would be used by the Republicans to beat up on Claire McCaskill and the Democrats? He was unwilling to take responsibility for his own decisions. It's all Donsanto's fault.

Never forget he pushed the paperwork so hard they misspelled the name of one of the defendants. He couldn't wait long enough to proof read the indictments.

Rarely I have anyone so clearly and obviously lie to a congressional committee. If the committee doesn't refer Mr. Schlozman for prosecution I would be very much surprised.

Ron Byers

The testimony of several different DOJ attorneys and appointees – Gonzalez, Scholzman, Sampson, Goode – reveal a remarkable pattern that makes all of their testimony seem disingenuous at best . When asked a question about anything improper or possible illegal, the witness takes absolutely no responsiblity and blames the decision on someone who hasn't testified yet -- or on some who has testified, but "couldn't remember." Based on the email from Iglesia about Donsanto, it looks likes Scholzman's Donsanto story is pretty much an outright lie and was just Scholzman's way of blaming someone new. How long are these shenanigans going to continue How do we get rid of the entire bunch. They are really ruining respect and credibility of the entire DOJ.

This is one of several inaccuracies, all of similar kind --

". . . . Senator Chuck Schumer (D-NY) pressed Schlozman . . . and Schlozman testified that if questioned, Donsanto would state explicitly and without reservation that he did in fact OK the issuing of the indictments."

In fact, Schumer said to Schlozman, somewhat rhetorically, that Donsanto would state explicitly and without reservation that he did in fact OK the issuing of the indictments. Schlozman's testimony in response was: "Yes".

I suspect Leahey and the Committee not only knew what Schlozman's answer would be, but also have hard evidence -- not only testimony from others from DOJ -- that that assertion is false. It is especially interesting that Leahey, Schumer, Feinstein, and Whitehouse all grilled him on the same point, thus getting his under-oath responses on the record in several forms, all of which are doubtless false.

It also appears that Schlozman did nothing to prepare for the hearing. Or he is so inexperienced that any effort to do so simply didn't hold up; so inexperienced he can't think on his feet. It seems, at the least, he never anticipated getting caught. Apparently didn't do anything "just in case". (Admitting he boasted of hiring Republicans!? Gad what an idiot.)

As for the "policy" or "guidline" about investigating or filing indictments before an election: the first relevant line uses the word "must". "[M]ust" or "must not" in a rule or law means exactly that: Must; or must not. Analogous is "shall". If it were instead "may," discretion would be allowed.

The only possible caveat or loophole is in the second relevant line: "in most cases". But I think there is no real question about investigations or indictments which can be presumed to impact an election and thus its outcome: "Must not" means "must _not_".

So I don't see any legitimate -- or surviving --fallback for Schlozman. I would be shocked if Donsanto backed up Schlozman rather than his clear and unequivocal stance as expressed in the emails.

This group doesn't give a damn about the DOJ. All they care about is consolidating Republican power no matter the cost to our country. They are about as unpatriotic as you can get.

Tom

It is disgraceful that this political operative had the power twist the Civil Right Division of the DOJ to do the opposite of its mission. The members of the committee acted like prosecutors trying to nail a criminal down and they appear to have succeeded. All too often congressmen and senators in these committees fail by allowing the witness to dodge questions by giving responses that do not answer what was asked. I was glad to see Leahy keep the witness on point.

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