The Justice Department, citing privilege claims, has refused to release e-mails and other documents sought under an open records request by The Washington Times to explain its decision last year to dismiss a civil complaint accusing the New Black Panther Party of intimidating voters at a Philadelphia polling place.
In a letter, the department said that while 69 documents totaling 135 pages were responsive to the Freedom of Information Act request for information on how and why the decision to dismiss the complaint was made, they were being withheld because of “deliberative process” and “attorney work-product” privilege exemptions.
Also, because the documents would likely confirm what’s already suspected: That the Obama Administration dismissed complaints against a black nationalist group intimidating voters because the voters being intimidated probably weren’t there to vote for Barack Obama. Voter intimidation is fine as long as the right voters are being intimidated.
The case was dismissed without reason. In fact, career lawyers at the Justice Department wanted the case pursued but the number three at Justice signed-off on its dismissal.
In July, The Times reported that Associate Attorney General Thomas J. Perrelli, the No. 3 official at the Justice Department, approved the decision to dismiss the complaint, according to interviews with officials familiar with the matter but not authorized to discuss it publicly.
That decision was made while career lawyers in the Voting Section of the Civil Rights Division were recommending that Justice seek sanctions in the case after they had won a default judgment in court. The lawyers were in the final stages of completing that work when they were told by their superiors to seek a delay, according to federal records and the interviews.
The delay was ordered by then-acting Assistant Attorney General Loretta King after she discussed the case with Mr. Perrelli, according to the interviews. Ms. King, a career senior executive service official, had been named by President Obama to temporarily fill the vacant political position of assistant attorney general for civil rights while a permanent choice could be made.
Not only were the lawyers in the final stages but they had already won default judgment. They were filling out paperwork for sanctions when Obama-appointed bureaucrats had the case against the black nationalist group dropped.
Congressional Democrats, meanwhile, are protecting the Justice Department from answering any questions. Fourteen Republicans on the House Judiciary Committee wanted Attorney General Eric Holder to explain why the case was dropped. The measure was defeated on a 15-14 party-line vote.
Hypothetical: Let’s say a white supremacist group decided to bring back voter intimidation in the south. And let’s say they were caught on camera wielding clubs outside a polling place. Do you see the Obama Justice Department dropping the case after default judgment? Do you see Democrats protecting the Justice Department if it did?
Of course not. As it should be. But suddenly we replace “white supremacist group” with “black nationalist group” and “south” with “Pennsylvania” and the case is dropped. Gee, I wonder why.


by Stephan Tawney on January 23, 2010