Upholding injustice 154

… or ‘Holdering  justice’  – seems to amount to the same thing.

With Attorney General Eric Holder at the head of it, the US Justice Department would be better named the Injustice Department.

This from the Washington Times shows why:

The Democrat-controlled House Judiciary Committee on Wednesday rejected by a 15-14 vote a resolution of inquiry that would have forced the Justice Department to tell Congress why it dismissed a civil complaint against members of the New Black Panther Party who disrupted a Philadelphia polling place in the November 2008 election.

The party-line vote had been sought by Rep. Frank R. Wolf, Virginia Republican, who, along with Rep. Lamar Smith of Texas, ranking Republican on the House Judiciary Committee, said they have been unable to get information from the department on the complaint’s dismissal.

“I am deeply disappointed that the 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,” Mr. Wolf said. “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,” he said….

Rep. Dan Lungren, California Republican, described the dismissal of the complaint as “a denial of justice” and Rep. Robert W. Goodlatte, Virginia Republican, said the resolution was an attempt to hold the Justice Department accountable to Congress.

The 15 Democrats, led by Judiciary Committee Chairman John Conyers Jr. of Michigan, sent the resolution to the House floor with an adverse recommendation, voting it “unfavorably” out of committee. …

Mr. Wolf said that after ignoring seven letters over seven months seeking information on the case and failing to comply with subpoenas from the U.S. Commission on Civil Rights, he decided to seek the resolution. He said Attorney General Eric H. Holder Jr. continues to “thwart all efforts to compel an explanation for the dismissal.” …

Mr. Wolf, ranking Republican on the House Appropriations subcommittee on commerce, justice, science and related agencies that funds the Justice Department, also said that while the Justice Department is claiming broad privileges to avoid disclosing any new information regarding the case, many legal scholars have challenged the department’s assertions of privilege. He said the committee’s failure to approve his resolution had set a “troubling precedent.”

“Is it going to continue to blindly defer to all unsubstantiated claims of privilege from the department?” he asked. “The Justice Department has gone as far as to claim privilege and redact seven pages of a letter I sent to the attorney general and released publicly on July 31, 2009.

“I sincerely question the judgment of the Civil Rights Division leadership — both in its dismissal of this case and its stonewalling of this Congress and the Commission on Civil Rights,” he said.

Mr. Wolf argued that the complaint was “inexplicably dismissed” earlier this year over the objections of the career attorneys overseeing the case as well as the departments own appeal office. He said he regretted resorting to an oversight resolution, but “Congress and the American people have a right to know why this case was not prosecuted.” …

Justice in the Obama era 32

Paul Greenberg writes in Townhall:

The outstanding example of … cynical manipulation of justice is how a case against the New Black Panthers, which the Department of Justice described as a “black super-racist organization,” has been quickly and quietly shelved with minimal attention to the law and the Constitution. The evidence is right there on the videos recorded Election Day, 2008, when uniformed members of the Black Panthers showed up at a Philadelphia polling station, one of them wielding a billy club. They shouted insults and made threats: “Cracker, you about to be ruled by a black man,” one of the Panthers informed a voter. Two Republican poll watchers, a black couple, were called traitors to their race …

Thank goodness for modern technology, which can make any citizen with an iPhone and its camera a crusading reporter. When all this made the Internet, not even the Obama administration’s Justice Department could ignore what had happened on Philadelphia’s streets. Particularly after the department’s own investigation revealed that the New Black Panthers had called for “300 members to be deployed” at various polling places across the country.

So early this year, the Department of Justice proceeded to file a complaint against the Black Panthers, and specifically against the stormtroopers who were captured on video. So far, so fair.

A lawyer and survivor of many a legal battle for civil rights, Bartle Bull, filed an affidavit in support of the Justice Department’s complaint. He characterized the incident in Philadelphia as “the most blatant form of intimidation I have encountered in my life in political campaigns in many states, even going back to the work I did in Mississippi in the 1960s.”

But the Black Panthers didn’t even bother to respond to the charges — as if they were above the law. And maybe they are. Because after a court had ordered a default judgment against them, including one of their national leaders, the Justice Department caved. It dropped all charges against the Panthers except one, and that one was settled with a light tap on the wrist…

There doesn’t seem to be any explanation for this perversion of justice except the Panthers’ political pull with this new administration. This case is no longer about the Black Panthers so much as it is about a newly politicized Justice Department. At some point the career lawyers in the Justice Department’s civil rights division changed their minds about pressing charges — or had their minds changed for them. By whom? Why? Those questions need answering. Under oath.

The same voices that once complained about the politicization of the Justice Department under a previous administration have fallen noticeably silent. For once Chuck Schumer, the Senate’s senior nudnik, has nothing to say. And the only excuse the Department of Justice offers for its cave-in is that it didn’t want to interfere with the Black Panthers’ freedom of speech. That “explanation” is scarcely good law, but it deserves first prize for sheer chutzpah — even in a city as full of it as Washington, D.C. Shouting racial imprecations at voters, wielding nightsticks, dispatching bully boys in military-looking uniforms to polling places … all that is now exercising freedom of speech? In America? It sounds more like the kind of electioneering practiced by Iran’s supreme leader and holy fraud.

The leading lights of the Democratic Party in and out of Congress may have turned a blind eye to this outrage, but the U.S. Commission on Civil Rights hasn’t. In a letter to the attorney general, it has demanded an explanation for this kind of “justice” from the Justice Department:

“We believe the Department’s defense of its actions thus far undermines respect for rule of law and raises other serious questions about the department’s law enforcement decisions.”

It sounds as if the commission is getting some subpoenas ready for high Justice Department officials, and it should be…

Nothing may actually be done to protect Philadelphia’s voters under this administration, but at least there ought to be a full investigation and comprehensive report by somebody official, even if it has to be somebody outside Congress. The record needs to show just how cynical this president and his attorney general can be when it comes to their promises about upholding the rule of law. Not to mention every American voter’s right to cast a secret ballot without being harassed.

Why hasn’t there been a greater sense outrage, betrayal or just disgust at the administration’s handling of this case? My theory: Because none of this comes as a surprise. What else could be expected when The People in their wisdom elect a president of the United States who’s a product of Chicago’s machine politics?

H. L. Mencken said it: “Democracy is the theory that the common people know what they want and deserve to get it good and hard.”

Posted under Commentary, government, Law, Race, United States by Jillian Becker on Saturday, August 22, 2009

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