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  • New Black Panther Party Case Update: E-mails Call into Question the DOJ’s Story

    Stunning new developments in the New Black Panther Party (NBPP) voter-intimidation scandal indicate that high-level Justice Department officials have been misleading the public and Congress. Indeed, they may also have committed perjury before the U.S. Commission on Civil Rights.

    Judicial Watch recently filed a Freedom of Information Act (FOIA) lawsuit requesting documents related to the case, and today it released a log produced by the Justice Department of e-mail communications and other documents that Justice is withholding from disclosure on purported privilege grounds.

    The log details numerous discussions and legal deliberations between the Civil Rights Division and political appointees in the highest reaches of the Justice Department, including former deputy attorney general David Ogden and Associate Attorney General Thomas Perrelli (the number-two and number-three officials under Eric Holder). Other documents show that Eric Holder was also briefed on how to respond to Hill inquiries.

    These documents directly contradict statements from the Office of Public Affairs, whose spokesman, Tracy Schmaler, has repeatedly claimed that the decision to dismiss the case was made entirely by career lawyers in the Civil Rights Division. The political appointee at the head of the Division, Assistant Attorney General Thomas Perez, made the same claim in testimony under oath before the Civil Rights Commission on May 14, an assertion that the Justice Department’s own log now shows to be highly suspect, if not flat wrong.

    Contrary to the claims of Schmaler and Perez, the log shows extensive communications about the NBPP case between the top lawyers in the Civil Rights Division — especially Steven Rosenbaum, the acting deputy assistant attorney general for civil rights in charge of voting rights — and the Office of the Associate Attorney General, including Steve Hirsch, the deputy associate attorney general who serves as Perrelli’s right-hand man.

    For those unfamiliar with Hirsch, he was one of the Democratic party’s main redistricting lawyers and was deeply embedded in the Obama presidential campaign before joining the Justice Department in February 2009. Indeed, Slate magazine has called him a “DC election lawyer who represents a lot of Democrats.”

    The log reveals that on April 30, 2009, the day before the Justice Department was supposed to file its default judgment, and the same day that the trial lawyers in the case were suddenly told to seek a two-week delay instead, Rosenbaum and Hirsh sent each other eight e-mails about the lawsuit. The description of these emails states that they are privileged because they are “predecisional and contain[] deliberations between the CRT Front Office and his supervisor in OASG.” In other words, there were legal “deliberations” going on between Rosenbaum and his supervisor in the Office of the Associate Attorney General, Steve Hirsch. The log also shows a flurry of emails between Hirsch and Perrelli on April 30.

    Just before the May 15 deadline, when the trial team was ordered to dismiss virtually the entire case, there are once again numerous emails (13 in May, to be exact) between Hirsch and Associate Attorney General Perrelli. Some of the subject lines were “Where are we on the Black Panther case” and “New Black Panther Party — your questions.” The privilege log description says the e-mails concern updates on the NBPP litigation and “not[e] ODAG’s current thoughts on the case.” ODAG is Justice-speak for the Office of the Deputy Attorney General — held then by David Ogden, who apparently had “thoughts” about how this case should be handled. The log further shows that all of the revised pleadings that were going to be filed to dismiss the case were sent to Hirsch for his (among others?) review.

    Even the recommendation of the trial team to proceed with a full default judgment against all four defendants, sent by the Voting Section to Rosenbaum and other supervisors in the Civil Rights Division on May 8 (before they were ordered to dismiss the case), was immediately sent by Rosenbaum to Hirsch in the associate attorney general’s office. There are so many e-mails between Rosenbaum and Hirsch that it appears Hirsch was being kept apprised of every single development in the case. Indeed, it is no stretch to say that Hirsch appears to have been effectively functioning as the head of the Civil Rights Division for purposes of the NBPP litigation.

    There are numerous unanswered questions in the log, particularly since there are undated items listed. These include “Talking Points” written by Karen Stevens, a former Clinton-era political appointee in the Civil Right Division, who burrowed into a career slot just before the Clintons left office. She was one of the main “witnesses” DOJ Inspector General Glenn Fine used in his biased and inaccurate report on the supposed “politicized” hiring during the Bush administration. According to the log’s content description, these talking points were prepared for Attorney General Holder, “identify selected aspects of the Department’s handling of the NBPP litigation, and serve to brief the AG on how he may prepare for potential inquiries during upcoming Hill testimony.”

    Did these talking points mislead Holder and tell him there was no involvement by the political appointees who report to him directly (i.e., Ogden and Perrelli)? Or did it advise Holder to deliberately dissemble on the issue?

    The privilege log released by Judicial Watch strongly suggests that political appointees were intimately involved in the decision-making that ultimately resulted in the outrageous gutting of the voter-intimidation case against the NBPP. After all, that is the basis of the asserted privilege: that these e-mails were about lawsuit “deliberations.” It is also clear from this log that the statements and testimony coming from senior Justice Department officials are misleading, if not outright lies, and have misrepresented what actually happened at Justice. It also shows an extraordinary degree of political involvement in a case at the district court level that I never saw when I was at Justice, despite all of the false claims to the contrary made by critics of the Bush administration.

    The NBBP case has been virtually ignored by the mainstream media for almost two years. It has been dismissed as “small potatoes” by some who do not seem to understand its implications, particularly its underscoring of the bias of this administration against the race-neutral enforcement of our voting-rights laws. But this latest development shows that the political leadership of this Justice Department has been much more involved in the case that it has been willing to admit (and in fact has denied under oath). So far, these leaders have faced virtually no repercussions for their misbehavior. Let’s hope that soon will change.

    Cross-posted at The Corner.

    Posted in Legal [slideshow_deploy]

    15 Responses to New Black Panther Party Case Update: E-mails Call into Question the DOJ’s Story

    1. Billie says:

      My God, they continue to put us in harms way. May public reprimand and repercussions be rightfully enforced.

      What is happening to civility? What has happened to decency? This is AMERICA!

      • Bud Smith says:

        Best I can tell is that building the USA, building the country you want to be proud of, defending freedom for the nation, etc is a do it your self duty and responsibility. Each generation MUST make their own contribution.

    2. Larry Welch, Idaho says:

      Superb report!!

    3. Perry, OK says:

      There should be a hanging clause in all the job listings for fed and state. No consequence is no performance

      Why do we accept this from our elected officials? As I see it they appointed them, now supervise them and hold them and yourselve accountable to those who elected you.

      The reason I will not run for office. I have MORALS, VALUES and ETHICS. As well as the fact you are known by those you associate with. In my book you people are a disgrace to this country as well as your families..

    4. Dennis Georgia says:

      I have been in law enforcement for many years, and have always been lead by the evidence in any caser. If the evidence is present then prosecution is necessary. I have never found in any law book a page with a lsit of names that are immune to the law. I guess that DOJ has the only page in its law books. The black panther group must be listed. I would bet if this had happened with the KKK, Skint Heads, or one of the milita groups, that a trial would have already taken place. I also bet they would have been charged with hate crimes and civil disorder, as well as any crime DOJ could have come up with.

      WE AS A SOCIETY ARE IN SAD SHAPE, SOME MUST COMPLY WITH THE LAWS, SOME DO NOT. WHERE IS JUSTICE IN THIS ENFORCEMENT????

    5. Drew Page, IL says:

      Have we already forgotten the testimony of former DOJ senior attorney J. Christian Adams before the U.S. Commission on Civil Rights? Only a few months ago, Mr. Adams resigned his position as a senior attorney in the Civil Rights Division at the DOJ. Among the reasons he gave for his resignation were:

      1. The DOJ's dropping the case of voter intimidation, immediately before the judge hearing the case was about to pass sentence, against NBPP members who positioned themselves, armed with nightsticks, outside a polling place during the 2008 election and

      2..Following the DOJ's dropping of the case, the Deputy Asst. Attorney General, Julie Fernandes, directed attorneys in the Civil Rights Division at DOJ to refrain from prosecuting cases of alleged black-on-white voter intimidation.

      In sworn testimony before the U.S. Commission on Civil Rights, Mr. Adams said that other attorneys in the Civil rights Division of DOJ heard Ms. Fernandes' directives and that Mr. Adams' former direct boss at DOJ would confirm Mr. Adams' testimony. Based on this testimony, the Commission on Civil rights wanted to subpoena Ms. Fernandes and Mr. Adams' former direct boss at DOJ. But those subpoenas could only be issued if approved by the DOJ. The office of Attorney General Eric Holder refused to grant the subpoenas requested by the civil Rights commission and neither Mr. Holder or Mr. Obama have come forward to explain why those requested subpoenas have been denied.

      As far as I'm concerned, those at the Department of Justice who were involved in the denial of the subpoenas requested by the Civil Rights Commisssion are guilty of obstructing justice. Everyone involved in this, including Mr. Holder, should be held accountable and a special prosecutor should be appointed to investigate Ms. Fernandes directives to DOJ attorneys and Mr. Holder's refusal to grant the requested subpoenas. Mr. Obama's silence on this matter has been deafening.

      Where do we go for justice when the U.S. Department of Justice is the reason justice is being denied?

    6. Laura, Iowa says:

      Perry,

      Then who do you want to run for office? More of the same?

    7. KLIMAX Baltimore, Ma says:

      It sounds like there is a need for a Congressional investigation into the Black Panther issue and not a "White Wash" which usually happens with embarrassing issues !!!! Actually all the allegations made by the Civil Rights Lawyer who resigned (Can't think of his name) in protest against how the Department was and still is being run !!!

      The injustice Department needs a good house cleaning from Holder on down firing anyone who even thought about doing something unethical !!!! What I want to know is how much was covered up for NObama such as his birth issue, his involvement in setting up racial guidelines not to prosecute Black against White civil rights issues, and his constant refusal to enforce Federal laws pertaining to illegal aliens and Homeland Securities policy stating that their agents not to enforce the law of the land !!!!!

    8. TJS, FL says:

      The new Republican congress must dig deeply into this issue, and others.

    9. Jeff GA says:

      We need to dump both Dem and Repub party's and vote Libertarian they are the party that believes in what this Nation was meant to be.

      Maximum Liberty with minimum Government

    10. and2therepublic, ill says:

      "Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit." – James Madison – Federalist No. 51 – February 8, 1788

    11. Jack J. Morris, Pomp says:

      The dismissal of the Black Panther case is something that should very likely be added to the case against Obama.

      CODE 315 OBAMA FROM WHITE HOUSE TO JAIL HOUSE

      I strongly urge the Republican Party — joined with Democrats who are real Americans – to get lawyers and investigators together to file charges against Barack (Barry) Hussein Obama based, at least, upon the facts stated below. The American people must not have to just sit by and watch a continuation of the dismantling and ruination of our country. We dare not wait until 2012.!

      The Democrat Party committed a fraud on the American people by hiding facts about Obama that would have prevented him from ever being given security clearance for anything, but, especially, their ignoring the fact that his father was not an American. This, in itself, should have raised legitimate questions about Barack Hussein Obama's eligibility for the presidency. It is highly significant, however, that this Democrat Congress did question the "natural born" qualifications of Obama's 2008 presidential opponent, Republican Sen. John McCain.

      The scion of distinguished U.S. naval officers, McCain was born to two American parents in the Panama Canal Zone. On April 30, 2008, the U.S. Senate sought to answer the question by passing a nonbinding resolution, which states, "Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936: Now, therefore, be it resolved, that John Sidney McCain, III, is a 'natural born citizen' under Article II, Section 1, of the Constitution of the United States."

      Whether Obama was born in the U.S. or in Kenya sinks into insignificance when one looks at his mountain of lies, his appointments and giving important positions of power to communists, radicals, liars and tax evaders. A coalition of extremists, including a founder of William Ayers' Weather Underground domestic-terrorist organization, helped craft Obama's "stimulus" bill which, in many cases, turned out to be a vast pay back to Obama’s supporters – contributors to his election campaign.

      Obama's health-care plan was pushed down American throats by every trick of the trade and chicanery any devil could dream up. It was partially crafted by extremists, some of whom revealed in their own words that their principal aim was to achieve corporate socialist goals and a vast increase in government powers. Extremists are among Obama's "czars" and other top advisers. New information links top advisers Axelrod and Valerie Jarrett to communist activists. He obviously has questionable loyalties and, considering the above, he is not American in his outlook. We need hardly mention that he thought the United States was made up of 57 states to prove that he is not one of us. He was probably mixed up with the Heinz 57 Brand.

      The quadrupling of our national debt in less than a year and a half amounts to highway robbery against present and future generations as far as the eye can see. Stealing is a punishable crime; this is why I am moved to write this. Obama’s meddling and takeover of General Motors, now Government Motors, was a stick up job! It was a pure and simple political payback to Big Labor. It is no mystery why Obama ignored the capitalist method to deal with failure; he is a socialist and therefore wangled a way to take over as much of the company as possible for the government.

      In a free market system, a failing company is allowed to fail by declaring bankruptcy. In the court hearing which follows, others may take over the company by paying the price acceptable to the court. That payment could have gone to bondholders or even some to stockholders, if any were left, but Obama’s intervention for political reasons basically was a payoff to his supporters – the union. GM failed because of exorbitant labor and related costs compared to others in the industry. The environmentalists who have been avid Obama supporters can also share the blame by forcing costly governmental requirements upon them.

      A bankruptcy could have wiped out all company obligations to the union and to the bondholders so that the new owners might be able to start afresh and make the company more viable. Obama, by forcing a “take it or leave it” solution to GM actually stole the company from GM bondholders and stole money from the American people by using Treasury money to buy the government interest in the company. I know of nothing in the Constitution that would allow him to do this. He simply acted as a dictator would. The government cannot even run the post office at a profit; how do they expect to be any better at running an auto company? The Obama takeover very much left the union holding all the chips since little had been changed to lower labor costs.

      U.S. District Judge Martin Feldman, in New Orleans, Louisiana, had issued a preliminary injunction against the Obama administration's ban on deep water offshore drilling, but this Barack Hussein Obama countered his order and put the ban back in effect. This was a violation of the Constitution. The Court is there to put a brake on the Federal government from overstepping its bounds. This is another instance of this interloper acting like a tin hat dictator. The ban had the result of stealing from workers all along the Gulf and, again, stealing is a crime. Even though the spill has been shown to have little lasting effect on the marine life or coast line, the ban has not been lifted. This is very much in line with everything else he does to weaken and destroy this nation. I do not doubt that it will soon be lifted because November comes closer by the day!

      In view of all the harm this swindler has done in less than one and a half years, we cannot wait until 2012 to put this man out of office. I propose that criminal charges be filed alone or in conjunction with impeachment. The charges should encompass stealing from the American people and failure to make full disclosure prior to election, the hiding of significant facts about his life, associates, friends, birth, etc. I happen to believe that the American people are entitled to FULL DISCLOSURE which was denied by the Democrat Party.

      His persistent violations of the Constitution and reversal of court orders make it very clear that this guy has no intention of living up to his oath to uphold the laws of this land and of the Constitution. This should be enough to at least impeach him. And why should we allow him to bring the State of Arizona to the United Nations for human rights violations – a disUnited Nations that is loaded with dictators who routinely totally disregard human rights.

      This case needs to answer burning questions such as: If he became an Indonesian citizen in the 1960’s he cannot be a US Citizen. The law doesn’t allow it. This is why his school records must be released. Did he get a scholarship as a foreign exchange student? What was his status when he traveled to Pakistan? Did he use a US passport?

      The Founders considered this an important issue because they wanted to protect America from a president with dual allegiances. If Obama knew he wasn’t born here then he needs to go to prison for fraud. We need to end this constitutional crisis before he can drag us further down into the pit of socialism, communism, fascism, statism or, call it what you will; but it is not Americanism.

      I believe fervently that there is ample evidence out there to prove that Obama should never have been considered as a presidential candidate. Conviction would allow us to reverse all of his decisions and throw out all his appointments. This is essential if we are to get our Republic back in a reasonable amount of time.

      GAYS WOULD KNOCK THE DAY LIGHTS OUT OF ISLAMIST EXTREMISTS

      I consider Obama to be the greatest danger ever to confront our country; so I must support the Republican Party because that is where the conservatives are. But I am sickened by the stand of the Republicans with regard to the matter of gays in the military. They are pandering to the Christian religious right, the very ignorant bigots who brought us “no Jews or dogs allowed,” slavery, Jim Crow, segregation and the burning of witches. It is their mentality that caused hundreds of years of religious wars among Christians. The fear of homosexuals in the military is based upon religious interpretations directly out of the Dark Ages. These people are in bed with the KKK, NAZIS and Islamists who would kill homosexuals. If they were not afraid to read Greek history, they would find that Alexander the Great of Greece conquered most of the known world and he was gay. So what if they had a good time in their tents at night!

      * After all, he was enrolled in school as a Muslim – and a citizen of Indonesia.

      The above was by Jack J. Morris aka Dr. J. Knowname , author of

      UNTROUBLING A TROUBLED WORLD – PEACE 4 EVER

      Dr. J. Knowname knows better than the Shadow knows! See end-irs.org or tea4lowertax.org Let us work together to get a HUGE TAX CUT. One purpose of the site and the book is to present a plan for giving a HUGE TAX CUT to those who usually pay taxes. Our plan gets rid of the IRS thus saving you time and money by not having to hire an expert and keep special records. This would help get us out of our present economic catastrophe.

      This is not a money making project for me. I am 81 years old and my entire estate will be going to the PEACE 4 EVER CHARITABLE TRUST. During my remaining life, I will retain only 15% of profits on books just in case I live too long. As matters now stand, I am not aiming for 100 and, besides, none of us will live much longer if the Islamic lunatics get their hands on atomic bombs and our Barack Hussein Obama will not give orders to our fleet to stop Iranian spy planes from getting intelligence off those ships. His order is TO NOT FIRE AT THEM! Just whose side is this chap on? If he were a real American, he would order the fleet to fire a warning shot and then shoot them down if they do not immediately reverse engines! Please tell him; he was too busy studying the Koran (in Indonesia where he was enrolled as a Muslim student) and learning how to be a really good community organizer along with his crooked buddies at ACORN!

      Join our GRASSROOTS MOVEMENT TO GET A HUGE TAX CUT. *

      PLEASE SEND THIS TO ALL ON YOUR E-MAIL LIST and

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      JOIN TRUE AMERICANS ON SATURDAY, OCT. 23, 2010

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      (Lafayette Hill, PA – 09/04/10) – Philip J. Berg, Esquire, the first Attorney who filed suit against Barack H. Obama challenging Obama’s lack of “qualifications” to serve as President of the United States stated that “WE THE PEOPLE” by and through Philip J. Berg and Obamacrimes.com is sponsoring the OBAMA BIRTH CERTIFICATE / ELIGIBILITY/ OBAMACARE Rally in Washington on Saturday, October 23, 2010 – 12 Noon to 4:00 p.m. at U.S. Capitol – West Front.

      SEND THIS TO YOUR CONGRESSMEN

    12. Pingback: » Daily Dose – September 22, 2010

    13. Pingback: Eric Holder gets defensive

    14. ROY S. MALLMANN II says:

      This is just one more example of the double standard practiced by the mainstream media in the United States. Since it points out the inherent corruption in this Obama Administration and therefore negative to "The Cause" they have buried it. Even now, the George Soros financed "Media Matters" has launched "A War" against Fox News by attacking their sponsors. Thet are for Freedom of Speech but not as it applies to Fox News, Republicans, or Conservatives in general. Since the "New Black Panther" issue has just more evidence on the impeachability of Barack Obama and his minions, why are they still in office? These "New Black Panthers" are also defending the 27 black males who gang-raped an 11 year old hispanic girl in Cleveland, Texas. I cannot believe that they are allowed to raom free.

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