Associate Attorney General Thomas J. Perrelli overruled career lawyers at the Voting Section of the Civil Rights Division to drop a complaint against three members of the New Black Panther Party of intimidating voters in Philadelphia during November’s election — including one member Samir Shabazz who brandished a nightstick.
Career lawyers wanted sanctions against the Black Panthers who showed and had already won a default judgment against the men.
Acting Assistant Attorney General Loretta King reportedly recommended dropping the case to Mr. Perrelli who is third in command at the DOJ.
This has become a major story for conservative commentators — some of whom have taken it to an absurd degree to suggest that the Obama Administration is in league with the New Black Panthers. There may indeed to legitimate legal reasons for the decision, but on its face it is hard to discern why career staff would be overruled on this point. It is perfectly appropriate for political appointees to make decisions based on the policy priorities of the Administration. However, this is a straight-forward question under a federal statute. I do not know of any specific Obama policy that would undermine enforcement. This was a limited occurrence. However, the Justice Department seems to suggest this is not actionable conduct. At a minimum, there should be a fuller explanation of why this is not a violation and what are the limits for paramilitary groups parading in front of polling places.
Under the circumstances, the complaint seemed reasonable when it was brought in January, here. Under Section 11(b) of the Voting Rights Act of 1965, which prohibits intimidation, coercion or threats against “any person for voting or attempting to vote.” The Department simply sought an injunction preventing any future deployment of, or display of weapons by, New Black Panther Party members at the entrance to polling locations. By dropping the complaint, the Obama Administration suggests that other groups could show up at polling places with such weapons and military-style uniforms. What if this were the Aryan Nation or Soldiers of God? Doesn’t brandishing a weapon have an intimidating effect on voters? I understand that the case was weakened by the fact that a police officer allowed at least one man to remain. However, it seems that the section was seeking a modest sanction to keep this group (or other groups) from showing up in paramilitary outfits and weapons.
Jill,
I had read the Wiki article before I posted yesterday. This is a group that I of course do not defend, or have any respect for. What you need to look at though is first who this party is an offshoot from, the Nation of Islam. The NOI was a movement run by Elijah Muhammad, a conman, and when Malcolm X discovered the truth he left them. The NOI eschewed the Civil Rights Movement and also allied itself with the KKK. They talked a tough game, but were decidedly un-militant. Their one saving grace though was they helped a lot of Black men get out of a prison mentality and did start many businesses in black areas. There were many suspicions that they were in the pay of the FBI to undercut the Civil Rights Movement.
The NBPP, is in their mold so there is little doubt where they are coming from. They are really a fringe group that has minimal power in the Black community, but make good TV guests for the Media to frighten Whites about Blacks. This was why they were targeted by the Bush DOJ, to turn the focus away from their not investigating all of the Republican elective abuses and to specifically set up a mousetrap for the incoming administration.
The Aryan Nation is today’s biggest extremist threat and they have ten time the membership and 50 time the money that the NBPP has. This whole thing was a set up Jill, down to the convenient video taper paid for by the RNC, who got no pictures of the police removal or of any intimidation of an outward manner. You also must realize that I’m well aware of the NBPP anti-Jewishness, so I could hardly be characterized as a supporter. I dealt with groups like this in the 60’s who would bluff intimidation and while longing for the microphones or TV cameras. They called it among themselves “Mau Mau’ing Whitey.” Unfortunately, some in White America eat this stuff up because it reinforces their stereotypes.
‘Get back to work on that book. I hope the JT bloggers will get a discount!”
Rafflaw,
Thank you for the encouragement and don’t worry you and the regulars will get signed copies, especially because if published, I’ll probably have plenty to give away because the best seller ain’t in the cards. Actually, I’ve got to finish it first and considering I’m about 600 pages in, with no end in sight and the knowledge I’ve then got to re-edit it, makes the whole thing daunting. However, down here in my gated country club community (I bought cheap and who’d of thought some poor Hippy from Brooklyn, would be in a place like this?), since I don’t golf, play tennis or play cards, I need something to keep me busy. JT’s Blog and the book have become mainstay’s that fill my life productively, oh yes and some swimming, beaching and traveling. It’s a tough life, but not only does someone have to do it, at the end of the day I feel fulfilled and that’s the important thing. AS for getting it on kindle, from your mouth to God’s ears.
I did some research on the NBPP. The Southern Poverty Law Center has declared them a hate group. I am linking to their site because they are dedicated to fighting hate groups of every stripe and there is information on white hate groups there, so that no one believes hate groups are just a problem occurring among people who are black. They have a very fine article on NeoNazis in the military at their home site.
http://www.splcenter.org/intel/intelreport/article.jsp?aid=214
The wikipedia gives a very good run-down on the group. I hope people will read about this group which is a mirror image of white hate groups.
JT’s analogy with white hate groups is not out of line here. If I saw Klan members at a polling station I would want the DOJ to go after them with everything they had. This is a black hate group and I think the DOJ should go at them with everything they have as well. To intimidate voters, even for a short time, until the police come and take someone away, is striking at one the vital rights of people in this nation. It should not be tolerated.
http://en.wikipedia.org/wiki/New_Black_Panther_Party
Former Fed,
This attorney appears to be a shill, whether it is the son or the father that we are talking about. You are asking me if I think this guy is perjuring himself? How many times have Republicans lied in public during the last 8 years? Too many to count. So yes, I doubt the veracity of his statement.
Mike S.
Get back to work on that book. I hope the JT bloggers will get a discount! By the way, make sure your publisher approves it for Kindle use, because that is my best chance to read it!
rafflaw,
Thanks for your vote.
Two questions; after you read attorney Bull’s signed declaration (at the link above), would you expect him to perjure himself over this incident? He is a poll watcher and not just only in his district. If he stated under penalty of perjury that he had experience as a civil rights attorney, would you tend to think he was stating a fact since those credentials are verifiable?
I apologize for coming to this issue so late, but I have been very busy lately. I have to agree with Mike S. on this one. It is obvious that this was a case that should never have been brought to the Justice Department to begin with. The local police handled it properly and the so-called witnesses are far from non-partisan. If Obama made a mistake here it was not removing all non-civil service Justice department personnel. When you combine Michelle Malkin and the Washington Times on a story it has to be tilted to the far right.
Former Fed, I vote no that there was no significant voter intimidation here because the police handled it properly.
I do not agree with everything the Obama administration has done since gaining office, but this is a red herring that far too many intelligent people are swallowing.
http://www.examiner.com/x-1818-Denver-Election-Reform-Examiner~y2009m7d30-New-Black-Panthers-MySpace-pages?cid=examiner-email
very scary stuff. antisemitic and violent people
Jill stated:
_________________________________
“But I cannot agree that a man dressed in a military style uniform with a club is not, in and of itself, an example of voter intimidation”
_________________________________
I misread your statement, which was clear after I read it again–I erred, not you.
P.S. I perhaps should never seek volunteer status as a vote counter at any elections office, except for Floridian elections…
FFLEO,
I vote yes, he is engaging in intimidation and it is unacceptable to me. I’m sorry I wasn’t clear about that in earlier posts. Mike S., I have spoken up so many times about the abuses under Bush that I can’t count them. I have worked with groups to make certain everyone’s vote counted as I explained above, including in the 08 election. I looked at Obama’s voting record, his donors, his actions and came to the conclusion that he was not a person I wanted as president. It was not based on mindless hatred, but well researched and well thought out study and decision making on my part. My current opinion of Obama is based on what he is currently doing to other people and our Constitution. I cannot look at his actions and say he is doing them because Bush will kill him, becuase he has a secret plan or because he is a good person who somehow must do bad things. He is doing many bad things because they give him power, wealth and prestige. He’s doing what Bush did because he is just like him.
“This story reminds me of how great it is to just go stand in a stream waving a stick around.”
Gyges,
I get the point. My only truly wonderful fishing experience was fly fishing, with waders, in a lovely stream in Kingston, NY, when I was 16. Don’t know why I never did it again, but the memory is wonderful and I caught nothing. The green of the flora, the sun sparkling off the water and the sound of it rushing past gave me a feeling of calm I often missed in my youth. Perhaps I should take up a hobby.
“Prof Turley stated in the article.
_________________________________
“At a minimum, there should be a fuller explanation of why this is not a violation and what are the limits for paramilitary groups parading in front of polling places.”
FFLEO,
I think JT didn’t look carefully into the article or what really happened. The way the article was phrased of course he would ask questions, so would I, but I delved into it further and looked at the statements being made and who had made them. I’ve been spending the last three damn hours doing mainly that.
I haven’t talked of it but I’m also in the process of writing a rather long book and instead of making progress on it this afternoon as I planned all the writing I’ve done is on this blog and all the research has been looking into this.
Nowhere have I stated that I thought these guys were justified, but they were dealt with appropriately by the local police. That DOJ went after them is a reflection of how things were done in the Bush years. That’s why 75% of the corruption prosecuted by the Bush DOJ was of Democratic politicians.
I don’t know how that slipped past “…other sensations thAn just SIGHT…”
Mike,
I’m on your side with both of those issues, and share in some of your frustration. As critical as I’ve been of Obama, this particular story has the manufacturer’s mark of Rush and his apprentices. I remember the Clinton years from a different angle then others here, the only time I was exposed to politics was listening to Rush on my way fishing with my Dad. Most people don’t realize that memories can be triggered by sensations other then just site. This story reminds me of how great it is to just go stand in a stream waving a stick around.
You probably didn’t notice that my weekend break was a little longer then usual this past week, and that was mainly because I didn’t want to read any more of that festering wound of a conversation about Obama’s citizenship. While Vince has attacked the infection with admirable patience, I’m afraid that time doesn’t heal ALL wounds, sometimes the immune system needs a little help. I’m not sure what the penicillin would be in this case, but luckily amputating wasn’t nearly as painful for a conversation as it is for a body part.
Mike Spindell,
Prof. Turley raised the question and my best guess is that he does not support Beck, O’Rielly, Rush et al. We have opinions, Mike, that does not mean we ever listen to those others’ programs–I do not–or that we support their views.
Prof Turley stated in the article.
_________________________________
“At a minimum, there should be a fuller explanation of why this is not a violation and what are the limits for paramilitary groups parading in front of polling places.”
_________________________________
“A few of things, first the personal one: you seem a little out of sorts lately”
Gyges,
If I am out of sorts its with anger at the birther movement and now this non-story. There are forces in this country that are working to get the President killed and that isn’t conspiracy madness, but a remembrance of the 60’s and the deaths of 3 very good people. Each one of them was slandered in the way that President Obama has been slandered and the content is the same tissue of lies. I’m not talking about specific policies but about the nonsense and attempts to de-legitimize him, which would justify the possible horrible acts.
Look at some of the overtly racist responses on this thread alone. Hear the rantings of Rush, Glenn, Savage and Bill O. A climate of fear is being created and the crazies are being roused. This is a non-story promoted by the Washington Times.
It is mainly a non-story because once again based on the facts of the story, if you accept the men were intimidating, the intimidation was removed and happened nowhere else in the country. This was not the basis of a DOJ case, but a local matter involving a group with no following or credibility. Yet it sets the meme, expressed the other day by Glenn Beck that the President “hates white people.” Why shouldn’t I get angry watching this occur and reading people I respect like Jill and FFLEO drawn into the silly game?
FFLEO,
Did you read your own link to see it was posted at Michelle Malkin’s website? I assume you know who she is. Bull by the way is a self proclaimed civil rights leader and never saw anything like it in the 60’s, but, however was himself born in 1970. now the Bartle Bull in question could be his father
who practices law in NYC and is also a Republican and not quite the civil rights activist he makes himself out as. If it is the elder one would wonder why a NYC lawyer, votes in Philadelphia.
“but not by paramilitary guys with no training or authority holding a defined weapon in front of a polling place doing actions that a uniformed LEO would get in trouble over”
FFLEO, and the police came by and took him away, what’s the beef and where’s the beef?
“It’s great the police came and got him, but he should still do time for that act.”
Jill,
I have no problem with that but then it is a local charge, not a DOJ lawsuit, which incidentally was only asking that the man arrested be enjoined from standing in front of polling
places, not doing jail time
Mike, the DOJ intervention was important because voting simply must not be tampered with at any level. I know voting fraud and wrongs have occurred in the past and perhaps cost Gore the election. However, from this point forward, such corruption at any level must never reoccur.
To all: Mike and I have had more disagreements in the last week than our total time together within this blawg, combined. However, I consider Mike Spindell the finest among all of the fine people here; the old liberal hippy that he is and the old conservative goat roper that I am.
“MIke S the song and dance is over. He’s been in office over six months.”
Bdaman,
It’s very true I am happy with my vote and its’ result. When one lives in an oligarchy run by Corporations and the M/I Complex change is a slow process. Given some of your opinions I would think you might understand it, but perhaps you’re just so cynical you’ve given up hope. By the way how many times have you called the WH complaint line, written to people in Congress, or the editorial sections of newspapers? Bitching is easy, working for real change can be a full time job even for a retired old fart like me.
FFLEO,
You probably missed it while you were posting but I’ve already addressed the poll watcher’s account. Tell me though, honestly, why this case involving a man who was removed by police and two men total, representing a rump group with under 20 members, that has no support requires DOJ intervention? When the Bush DOJ made no interventions in other more egregious voting rights cases, where literally tens of thousands of people were disenfranchised and intimidated, where was your outrage?
This case was terminated as the beginning of a weening of DOJ, from DOJ people left with Civil Service status by the Bush Administration, who have all the understanding of the law exhibited by Alberto Gonzales and Mr. Yoo.
Gyges,
You are a ‘regular’. The straw poll is open to all, I just did not want the trolling vote to cause a rash of biased votes of YES. I want people’s real opinions.
For example, I was surprised by Jill’s No vote**, but I am looking for actual unbiased opinions–as much as humanly possible.
**(Jill is intimidated by LEOs–in general–but not by paramilitary guys with no training or authority holding a defined weapon in front of a polling place doing actions that a uniformed LEO would get in trouble over). However, that is honesty.
Mike Spindell,
Attorney Bartle Bull, who has experience as a civil rights attorney, submitted his declaration *under penalty of perjury*. I would assume that an attorney would not risk his legal license to practice by lying in his declaration over this matter.
http://docs.google.com/gview?a=v&q=cache:Ph7s3acR_7UJ:michellemalkin.cachefly.net/michellemalkin.com/wp/wp-content/uploads/2009/05/bull-declaration_04-07-20092.pdf+Bartle+Bull&hl=en&gl=us
Mike,
A few of things, first the personal one: you seem a little out of sorts lately, I hope that there’s nothing going on in your life that a weekend of doing nothing but spending time with your family and a good book (If you can find a copy, my old stand by is still “Cities in Flight”) won’t solve.
Second, I’d just like to say that I’ve always appreciated the way that you can still support the Obama administration in general while speaking out on specific issues. If anyone claims that you’re a blind follower of anything, they haven’t been paying attention.
In defense of FFLEO’s straw pole, I just sort of assumed that it was aimed at the regulars.