Where in the World is Michael Mukasey?
Posted October 24th, 2008 at 10:46am in Rule of Law 
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When the Supreme Court vacated the stay that had been issued in Ohio Republican Party v. Brunner last week, it did so based on the view that the Help America Vote Act of 2002 (HAVA) does not authorize a lawsuit by a private party. The stay had ordered the Ohio Secretary of State to comply with the requirement in HAVA to verify the accuracy of the information provided on voter registration applications. The Supreme Court took some pains to make clear it was not disputing the district court and the Sixth Circuit’s en banc legal conclusion that Brunner was violating HAVA in her refusal to take reasonable steps to implement this provision.
I agree with the Supreme Court’s analysis — private citizens have no statutory right to enforce HAVA. In fact, only the Attorney General of the United States is authorized by Section 401 to bring a civil action to enforce the statute. Which, of course, brings up the question: where in the world is Attorney General Michael Mukasey (and Acting Assistant Attorney General of Civil Rights Grace Becker) and why is the Department of Justice and its Civil Rights Division sitting on their hands and doing absolutely nothing to enforce HAVA?
Two federal courts, including the applicable court of appeals, have stated specifically that the law is being violated by a state official. If the Justice Department believes the courts are wrong and the Secretary of State is correct, then it has an obligation to issue a statement explaining why it believes that is true. If the Justice Department agrees with the courts, then it has an even more compelling obligation to fulfill its enforcement duties and immediately file suit. Not a lot of work would be required other than to ask the federal district court to reissue its TRO ordering the Secretary of State to comply with the law – all of the evidentiary findings have already been made and approved by the Sixth Circuit Court of Appeals. Unless a majority of the entire Sixth Circuit Court of Appeals change their minds on the law (which is pretty unlikely) we know how they would rule.
The complete silence of the Department is a sign of either utter incompetence or political cowardice or a combination of both. Only Mukasey and Becker know for sure.
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7 Responses to “Where in the World is Michael Mukasey?”
Chavez on October 24th, 2008 at 10:46am said:
Why is this a surprise?
The biggest civil rights case in decades (in Durham, North Carolina), involving a “reverse Scottsboro” (replete with reverse KKK members), couldn’t get a whimper out of the Dept. of Justice.
But that same Dept. will rush into action if someone places a ham sandwich on a table where a muslim is sitting (in Vermont?)
The Dept. of Justice has priorities, and agendas; and no, it’s not about “Justice”, or enforcing the federal Constitution; it’s about pandering, and not upsetting various factions of the population, or challenging their popular myths.
SabinM, Chesapeake VA. on October 24th, 2008 at 10:46am said:
The Justice Department knows voter fraud is going on throughout the USA, yet they refuse to provide relief to the American citizen in Ohio and eleswhere. Mukasey is spineless and lacks the moral character to represent America as Attorney General. Do your job Mukasey. It is just that simple!
PM Connors, Phoenix, AZ on October 24th, 2008 at 10:46am said:
I think this is a simple example of what we called in the military, short-timers disease or syndrome. A department filled with appointees is a department filled with people looking to the future and people with personal political agendas not always working to the advantage of the American public and any thought to the legacy they are leaving. The shame of those missing in action at this critical time and during a very important election cycle is that they are leaving vulnerable to future corruption in the voting system.
Dave, Tacoma, WA. on October 24th, 2008 at 10:46am said:
Let’s review this situation. The Bush Justice Department does not care about the Constitution and hence will not enforce Help America Vote Act of 2002, especially in Ohio. We have a popular Democrat candidate, who is genetically related to Bush and Cheney, but may well have been born in Kenya, and therefore, does not qualify to pursue the Presidency according to the Constitution. Federal judge Surrick throws out Phil Berg’s legal request for Barack Obama to show real proof that he was born in the US.
Heck, why don’t we just appoint Prince Charles as lifetime President and end this slow and painful hemorrhage of our Constitution and Bill of Rights?
Rick , Memphis on October 24th, 2008 at 10:46am said:
We have got to get party and money out! Read Wahington’s Farewell adress.Party is ruining our country. Citizens must hold politicians feet to the fire, and pay closer attention to who we vote for! It’s coming…
P.S. What about illeagal immigration?
sherry on October 24th, 2008 at 10:46am said:
As a taxpayer I want my money to be used to stop voting fraud now. Please look into it before election this year our country depends on it. Here in OHio there is to many to let it go until election is over. We need a truth American for the job at the White House. Please everybody start doing your jobs for America.
Karin, Norristown, PA on October 24th, 2008 at 10:46am said:
OK, I want to stop whining and DO something about this!!! Can you suggest how we go about moving this man and get him to commit to a judgement either way? We need to know his agenda so we can find a way to get him the hell out of office. Hear me Ohioans! Time to step up to the plate and be outraged over this…