Monday, June 28, 2010

Justice Department practices race-conscious civil rights law

...the Obama administration doesn’t believe some civil rights laws protect every American. The Bush Civil Rights Division was willing to protect all Americans from racial discrimination; during the Obama years, the Holder years, only some Americans will be protected. Americans have a right to know and judge the racial policies of the administration they elected in 2008.

The dismissal of the voter intimidation lawsuit against armed New Black Panthers in Philadelphia is the most prominent example of this hostility toward race-neutral enforcement of civil rights laws. But that dismissal is far from the only manifestation of the beliefs infesting the Department. Many other cases and decisions — some of which I will detail below — are in question and deserve scrutiny.

On Election Day 2008, armed men wearing the uniforms and jackboots of the New Black Panther Party were posted in Philadelphia, Pennsylvania, at the entrance to a polling site. They brandished a weapon and intimidated voters. After the election, the Civil Rights Division at the U.S. Department of Justice brought a voter intimidation case against the New Black Panther Party and these armed thugs. I, and other Justice lawyers, obtained an entry of default after the defendants ignored the case against them.

Before a final judgment could be entered, however, our superiors ordered dismissal of the claims.

Congress has sought answers from the Department about why the Black Panther case was dismissed. The Department has repeatedly claimed the “facts and law” did not support the case — which of course is false. Others have speculated about a White House involvement. But I believe the best explanation for the corrupt dismissal of the case is the profound hostility by the Obama Civil Rights Division in the Justice Department towards a race-neutral enforcement of civil rights laws.

This hostility was — and is — on open display within the Department of Justice.

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