Verdict on the New Black Panther Voter Intimidation Controversy: Race-Based Enforcement At DOJ Is Real

The Washington Post, to its everlasting credit, has published a thorough and excellent piece of investigative journalism examining the continuing controversy over the Obama Justice Department’s reluctance to follow through on the prosecution of two paramilitary clad Black Panthers, one brandishing a club, who menaced voters at a Philadelphia polling place. You can, and should, read the whole piece here…especially if you were one of the throng claiming that the story was a trumped-up “conservative media” fabrication. It is true that the conservative media kept the story alive, but that is because the mainstream media inexcusably ignored or buried it, for due to a blatant bias in favor of shielding the Obama Administration from embarrassment, no matter how ell deserved.

It remains a mystery to me how opposing polling place intimidation of any kind, by any group, in favor of any candidate, and insisting that the enforcement of the laws against such conduct be administered without respect to race or politics, could possibly be attacked as a “conservative” position. Or, for that matter, how excusing race-based enforcement could be described as a “liberal” position, or a responsible, fair or ethical one. But they have been, repeatedly, which is why the report by the Washington Post, as one of the media groups that initially ignored the story (and was criticized by it independent ethics watchdog for doing so) is so useful and important. Continue reading

Despite Evidence, Obama’s D.O.J., Democrats and News Media Stonewall Black Panther Case

The bizarre conduct of the Obama-Holder Department of Justice in refusing to to fully prosecute a 2008 instance of blatant voter intimidation at the polls by members of the New Black Panthers in Philadelphia has been denied by D.O.J. (despite a video that proves the Voting Rights Act violation ), ignored or buried by most major news sources (despite Washington Post ombudsman Andrew Alexander chiding his own paper for failing the public with inadequate coverage of the story) and attacked as manufactured by Republicans by partisan Obama defenders  (despite the fact that, well, it just isn’t.) It is both disturbing and depressing that this conduct persists, long after the event itself, months after one Justice Department Civil Rights attorney quit to expose the episode publicly, and while the non-partisan U.S. Commission Civil Rights holds hearings on the case.

At issue is racial bias in Attorney General Erik Holder’s Civil Rights Division, which the Obama Administration must not permit, tolerate or excuse, but appears to be anyway. Continue reading

The Left’s New Black Panther Rationalizations

“All looks yellow to the jaundiced eye” (Alexander Pope, 1711)  could have been written about the media handling of the New Black Panther voter intimidation case. To conservatives, it is ominous proof of race-conscious law enforcement in the Obama Justice Department. To liberals, it is more proof that the Right is determined to stir up racial suspicion about Barack Obama’s administration.

I don’t think the incident proves anything conclusively at this point, except this: liberal journalists and commentators are embarrassing themselves and misinforming the public by arguing that the case is trivial, and employing intellectually dishonest arguments to do it.**

Whatever the case is, it isn’t trivial. Voter intimidation isn’t trivial; it strikes at the core of our system of government. I would argue that the government should be unequivocal, strict and unyielding regarding the prevention and punishment of it, by white or black, no matter how manifested. If you don’t think so, then I challenge you to explain why. If there is any conduct that should receive no tolerance by law enforcement, this should be it. There is no excuse for it.

Nevertheless, supposedly respectable commentators like columnist E.J. Dionne feel compelled to make excuses for the Justice Department’s actions while intentionally or incompetently misrepresenting the facts.  Continue reading

The Washington Post: Embarrassed into Covering the News

Washington Post ombudsman Andrew Alexander wonders why it took his paper so long to cover a story with obvious importance and disturbing implications: the seeming race-based decision of the Obama Justice Department to avoid pursuing a voter intimidation case against the New Black Panthers, even though a YouTube video showed persuasive evidence that an offense was real and substantial. Ethics Alarms, for example, wrote about the story more than two weeks ago.

Alexander is to be saluted for raising, though his conclusion is unsatisfying and more than a little weaselly. Continue reading

Unethical Quote of the Week: Attorney General Eric Holder

“I’ve just expressed concerns on the basis of what I’ve heard about the law. But I’m not in a position to say at this point, not having read the law, not having had the chance to interact with people are doing the review, exactly what my position is.”

—–U.S. Attorney General Eric Holder, testifying before the House Judiciary Committee regarding Arizona’s controversial illegal immigration enforcement statute.

The President’s top lawyer cannot just express off-the-cuff opinions based on hearsay and second-hand reports as if he was sitting at a bar, shooting the breeze and munching on beer nuts. When the head of the Justice Department, not to mention one who is an African-American and presumably speaks with some moral authority on the issue of racial discrimination and civil rights, says on national T.V. (“Meet the Press”) that the law “has the possibility of leading to racial profiling,” that opinion will be presumed by all hearing it to be based on something more than Katie Couric’s bias and The New York Times’ slants.  Continue reading

John Adams: Conflicted?

John Adams’ heroic defense of the British soldiers accused of murder in the Boston Massacre has moved to the front of the line in the competition for favorite historical comparison to the controversy over the so-called “Al Qaeda 7,” the Justice Dept. attorneys under attack for their former representation of Gitmo prisoners. Over at The Legal Ethics Forum, law professor Richard Painter has posted a fascinating essay on John Adams’ own ethical conflicts in his most famous case, and they were far from minor. You can, and should, read it here.

Provocative Links for Ethical Weekend Reading

Here is a diverse selection of five ethics-related posts from cyberspace for your weekend reading pleasure:

  • Christopher Hitchens analyzes, critiques and updates the Ten Commandments—and does an excellent job of all three, here.
  • Finally, a former Bush Justice Department official takes aim at the Republican attacks on the so-called “Al Qaeda Seven,” a despicable moniker apparently invented by Mary Cheney. There really is no debate here: the suggestion that attorneys who previously represented accused terrorists cannot be trusted to work in Justice is legally, ethically and logically ignorant. Still, it is good to have a Republican lawyer say so.

The Unethical and Illogical Smearing of Justice Dept. Lawyers

The Senate Republicans, bolstered by the political Right, are angrily criticizing Attorney General Eric Holder for having former Gitmo defense lawyers on the Justice Department anti-terror team.  This demonstrates many things, none of them good, some of them sad.

At least seven Justice Department lawyers previously worked on the legal defenses of Guantanamo Bay prisoners. Apparently this makes them terrorist sympathizers in the eyes of the Angry Right. This is the sad part. A flat learning curve is always sad. Continue reading