Justice Department Defies Civil Rights Commission
Doesn't that sound like a headline from a bygone era? Nixon and his Attorney-General John Mitchell, for example? Bush and Ashcroft?
But it's President Barack Obama and his Attorney-General Eric Holder who have defied the United States Civil Rights Commission and dropped all charges against the defendants in an outstandingly blatant case of voter intimidation in Philadelphia in 2008.
This was Black Panthers in paramilitary regalia stationed in front of a polling place, one of them brandishing a night-stick and shouting "You are about to be ruled by the black man, cracker!" and sharing other similarly edifying information with potential voters. Witnesses included a civil-rights lawyer and publisher of the Village Voice, which isn't exactly a right-wing rag.
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, (Village Voice publisher, Bartle 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.
Then the Washington Times reported on July 30 that six career lawyers at Justice who had recommended continuing to pursue the case were overruled by Associate Attorney General Thomas Perrelli--a top administration political appointee. One of the career attorneys, Appellate Chief Diana Flynn, had urged in an internal memo that a judgment be pressed against the defendants to "prevent the paramilitary style intimidation of voters" in the future.
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."
That's an unusually long quote from the Wall Street Journal, but you don't have to take their word for it...
Check out the videos here and here...
















Eric Holder has not gotten off to a good start as AG.
If only Obama had appointed David Iglesias.
August 21, 2009 10:38 PM | Reply | Permalink
I like Iglesias, and he probably deserves some compensation for getting jerked around by Karl Rove, but my first choice would have been Glenn Greenwald.
Harharharhar!!!
While we're wishing, we might as well wish for a pony!
August 21, 2009 11:26 PM | Reply | Permalink
Oh thank god, a thought provoking post about free speech, democracy, and which side of the law we support that doesn't mention whole foods and actually matters. REC'D!
Nice work Rootie (I especially appreciate the videos). I had not heard of this at all, and frankly this is disturbing hypocrisy that we should be talking about (I mean right after Torture, TARP, the whole war thing, etc.).
August 22, 2009 1:22 AM | Reply | Permalink
What makes this weird is that it was and would continue to be a non-story except for DOJ dropping the case. What kind of sentence could either of those guys expect for their low-concept voter intimidation? I can't believe it would be more than probation.
And now Holder and his appointee have the Civil Rights Commission all over them, staff lawyers writing angry letters, and a Republican Representative making noise about hearings.
What the heck were they thinking?
August 22, 2009 4:16 AM | Reply | Permalink
Never too late to create another distraction for health care. Maybe we could invite the Panters for a beer.
August 23, 2009 1:27 PM | Reply | Permalink
First,Minister King Samir Shabazz was a McCain supporter.Second, they were outside of a mostly black area voting place,who were they harassing black voters? It would be like David Duke or Sean Hannity outside their own voting station.Three, the "old" Black Panthers do not recognize their existence.Fourth, Black men with anything in their hands are usually shot to death unless it's all planned. Seem strange that FOX was there.The You Tube said "Security Patrols stationed at polling stations", that's plural, meaning more than one.This was the only polling station in America where it happened.They're astroturfed Panthers sent there to scare whites on the west coast.Just like the fake "brother" in Arizona with his machine gun.He "volunteered" to go there with his gun so that racist whites can say that people bringing their guns to Townhalls are not racist if a black man brought his.
So the next time you see a black man on TV that hate a black man that's doing good for him , remember he was paid off.
August 22, 2009 3:56 AM | Reply | Permalink
When my friends first seen this on TV we all said out loud "why didn't they kill him?"black men get shot for holding cell phones, this was faked so that old dumb bigots on the west coast would run and vote for McCain.No one that stupid to believe that.Every black person knew that day not to do anything that will embarrass our guy.They were plants.
August 22, 2009 4:04 AM | Reply | Permalink
For those interested in tpm history here is the thread discussing the incident on election day.
http://tpmelectioncentral.talkingpointsmemo.com/2008/11/obama_volunteer_on_scene_dispu.php
August 22, 2009 4:57 AM | Reply | Permalink
Thanks for the link, oceankat. Interesting (if revolting) to see how TPM reported stories using dog whistles.
In that piece, Greg Sargent "reported":
"Fox News," "conservatives," "black panthers" all in the first sentence. That's brilliant. And the peanut gallery went wild.
I'll personally never forget how Greg Sargent "pushed" on the story he got from Drudge (or was it the Obama campaign?) about how Clinton campaign staffers were circulating a picture of Obama in "Muslim garb." Only trouble was, when I read the source article at Drudge's site, the word "Muslim" was never mentioned. Drudge used the word "Somali." Greg Sargent (via Obama campaign was and always will be my theory) used the word "Muslim." I pointed out the discrepancy in the comment thread, and later in the day, Sargent quietly edited the post without mentioning it to the TPM readers. He changed "Muslim" to "Somali." I pointed that out too. By then it was too late, of course. Damage done. Josh Marshall continued the dog whistle for days afterward.
August 22, 2009 9:40 AM | Reply | Permalink
Rootie, thanks for picking up on these stories that I at least wouldn't otherwise read about. Great post!
August 22, 2009 5:49 AM | Reply | Permalink
Hey oceankat would you have the updated version?That's from last year and may not have the updated information like who the gentlemen were really voting for.It's been my experience that a black person standing with a phone or a stick in his hand is usually shot to death.Now if they were plants they wouldn't be harmed at all.People in Philly already know that they were plants for McCain.They were about as real as PUMA.
August 22, 2009 7:23 AM | Reply | Permalink
No Obey , it was a bad post.Google Minister King Samir Shabazz name along with John McCain and see what you get.
Question , would a Sarah Palin supporter on election day stand in their Klan robe outside a mostly white polling location?No it would hurt her with voters.Those gentlemen were paid frauds.
August 22, 2009 7:29 AM | Reply | Permalink
It seems as if racist like to call the President out of his name. Malcolm X, Stalin, Marx, Lenin,Hitler and now Nixon and his Attorney-General John Mitchell, Bush and Ashcroft?Boy the health care industry must have a lot of money if they have to use old lies that have been proven false.
August 22, 2009 7:45 AM | Reply | Permalink
Politicizing the DOJ? Certainly looks that way.
Looking at my watch, I'd say it's just about subpoena time.
August 22, 2009 9:44 AM | Reply | Permalink
Ought to have been prosecuted whatever their motivation.
What rationale did AAG Thomas Perrelli offer for not doing so?
At what point does an angry mob assembling with weapons fall outside the bounds of peaceable assembly? This failure to prosecute makes prosecuting such people much more difficult.
August 22, 2009 10:21 AM | Reply | Permalink
You mean why drop a case you've effectively won by default even after granting a time extension? From a Washington Times article:
The only problem is, this answer still doesn't address the issue of why the Civil Rights Division deemed the facts and law supported filing a complaint in the first place, while an Obama appointee dropped the complaint after the Black Panthers defaulted by not showing up in court.
August 22, 2009 12:42 PM | Reply | Permalink
Ought to have been prosecuted whatever their motivation.
What rationale did AAG Thomas Perrelli offer for not doing so?
At what point does an angry mob assembling with weapons fall outside the bounds of peaceable assembly? This failure to prosecute makes prosecuting such people much more difficult.
Posted by AJM
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They weren't going to be prosecuted. The Republicans did their homework so that no one goes to jail.
BTW, that wasn't a weapon he was holding ,looked more like a tiny key chain.Just like Santa Claus it's all made up.The people that told them to do it should go to prison, right FOX news.
August 22, 2009 12:02 PM | Reply | Permalink
Let's assume for a moment that the poster "kid funkadelic" with 5 posts on this thread is right, and the "Black Panthers" in the videos really appertain to a right-wing splinter or spin-off of the original Black Panthers.
Then it makes even less sense for Holder's appointee at DOJ to drop the case, when an investigation might or might not have uncovered a spoof aimed at discrediting Obama on election day.
August 22, 2009 12:27 PM | Reply | Permalink
There is no evidence I've ever read over the past few months that Shabazz is a McCain supporter. I spent some time today specifically looking for it and could find no evidence.
Shabazz appears to be a extremist black nationalist. For some time before the election of Obama he's professed anti white rhetoric. "I'm about the total destruction of white people. I'm about the total liberation of black people. I hate white people. I hate my enemy. . . ." So not only can I find no statement supporting McCain given his anti white rhetoric it seems unlikely.
He doesn't support Obama though. Not radical enough for him. "He's a puppet on a string. I don't support no black man running for white politics. I will not vote for who will be the next slavemaster." Besides, he added, Obama is "a Negro who doesn't even support reparations for black people in America."
While its certainly of interest to know who he was supporting, why he was there, and why those in charge of the polling place sanctioned his presence its really immaterial atm. Whether he was a McCain or Obama supporter the question at this point is why did Holder politicize this case and drop all charges
August 22, 2009 2:18 PM | Reply | Permalink