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Inside The Bush DoJ's Purge of The Civil Rights Division

Over the past six years, the Bush administration has aggressively reshaped the Justice Department's Civil Rights Division. Many career analysts and attorneys have either been transferred or driven out; their replacements are long on conservative credentials and short on civil rights experience.

Here's an inside account of what it's like inside from Toby Moore, a redistricting expert with the division's voting section until the spring of 2006. Like many of his colleagues, he left due to the hostile atmosphere in the section, where he says there was a pattern of selective intimidation towards career staff.

According to Moore, his supervisor and the political appointees in the section consistently criticized his work because it didn't jibe with their pre-drawn conclusions. That was bad enough, he said, but the real trouble came after he and three colleagues recommended opposing a Georgia voter I.D. law pushed by Republicans. After the recommendation, which clashed with the views of Moore's superiors, they reprimanded him for not adequately analyzing the evidence and accused him of mistreating his Republican colleague, with whom he'd had frequent disagreements. But it got worse. Moore said that his Republican superiors even monitored his emails, eventually filing a complaint against him with the Justice Department's Office of Professional Responsibility for allegedly disclosing privileged information in one email (he was cleared of wrongdoing). Fed up, and worried that it was too dangerous to his professional future to remain there, he left.

Moore said that his experience was similar to others in the section who'd disagreed with conservative attorneys working at the Justice Department. Over the following year, all three of Moore's colleagues who'd joined him in opposing the law either left or were transferred out of the section. The senior member of the team, Robert Berman, the deputy chief of the section and a 28-year veteran of the Civil Rights Division, was transferred to the Office of Professional Development -- what Sen. Ted Kennedy (D-MA) has called "a dead-end job."

The Justice Department's Office of Professional Responsibility opened and conducted an investigation into the section's handling of the Georgia I.D. law. Joe Rich, the former chief of the voting section, told me that he was interviewed by investigators in 2006. It's not clear, however, what the outcome of the investigation was.

"Mr. Moore's allegations about political interference in the Civil Rights Division surrounding the Georgia memo, are very much in line with what we are learning daily about this Justice Department," Rep. Jerrold Nadler (D-NY) told TPMmuckraker. Nadler is the chairman of a House Judiciary subcommittee that held a hearing on the voting section last month. "A clear picture is developing of a department culture that seems to encourage politically-motivated, improper and lawless activity."

The voting section is tasked under the Voting Rights Act with reviewing new legislation in certain regions in order to prevent regulations that might lead to discrimination against minority voters. When Moore and his colleagues examined the Georgia voter-identification law, they found a lot to worry about. Their bosses weren't interested.

"They weren’t really interested in investigating Georgia's submission," Moore, who has a Ph.D. in geography and had been with the section since 2000, told me. "They were mainly interested in assembling evidence to support pre-clearance. Any attempt to bring up counter-evidence to suggest a discriminatory impact was ignored or critiqued. We were told it was our own bias.... Any evidence in support was embraced uncritically."

The problems with Georgia's new law were legion, as outlined in the "Recommendation Memorandum" that Moore and his colleagues compiled.

To start with, jurisdictions covered by the Voting Rights Act (mostly in southern states) are required to show that law changes will not have a discriminatory impact on minority voters. In the case of Georgia, the law change would have revised an earlier voter-I.D. law that allowed a variety of forms of identification (such as a utility bill); the new law restricted acceptable forms to photo I.D. But the law's advocates could provide no evidence that African Americans would not be disproportionately affected by the bill. In fact, the law had been pushed largely on the basis of assertions contained in Stealing Elections, a book by conservative journalist John Fund and what was called "anecdotal evidence."

Other evidence pointed even more strongly to nefarious motives behind the legislation. According to the Recommendation Memorandum, Georgia state Rep. Sue Burmeister, the sponsor of the bill, told section staff that "if there are fewer black voters because of this bill, it will only be because there is less opportunity for fraud," and that "when black voters in her black precincts are not paid to vote, they do not go to the polls."

For that and a host of other reasons, Moore and three of his colleagues recommended against clearing the bill. A single member on their review team, a young Republican lawyer, supported clearance. Yet Moore's team was nevertheless overruled and the bill was cleared. In a telling sequel to these events at the Justice Department, a federal appeals court judge later barred implementation of the law, comparing it to a Jim Crow-era poll tax.

Things went downhill from there.

A few weeks later, Moore said, he and all three of his colleagues were called in one by one to speak with voting section chief John Tanner. All four were criticized for their performance on the Georgia I.D. memo.

In the private meeting, Moore said that Tanner criticized him for his performance -- for not adequately analyzing the evidence -- and for his behavior. "I was accused of mistreating the Republican-hired attorney, because I criticized some of the things he said and did," Moore told me, adding that there had been frequent disagreements between the lawyer, Joshua Rogers, and the others on the team. "He was just out of law school and had only been in the section a few months. He was saying things and writing things in his memos that we believed were incorrect... We had some very sharp disagreements with him."

Moore said that instead of meeting with Tanner like the others, Rogers was "called over to main Justice and commended for his work on the case." Rogers, a member of the Republican National Lawyers Association, is still with the section.

But it didn't stop there. Moore said that there was persistent gossip in the section that the political appointees who supervised the division had been monitoring staff's emails.

This suspicion was confirmed, he said, when Bradley J. Schlozman, the Principal Deputy Assistant Attorney General for the Civil Rights Division (now an unconfirmed U.S. Attorney installed after the revision to the Patriot Act) and Hans von Spakovsy, Counsel to the Assistant Attorney General for Civil Rights (now a commissioner with the Federal Election Commission), filed a complaint against him with the Office of Professional Responsibility (OPR).

The charge, Moore said, was that he had violated department rules by discussing one of the section's cases in an email to a friend who used to work in the Civil Rights Division. He was interviewed by investigators. According to an April, 2006 letter from OPR reviewed by TPMmuckraker, Moore was cleared of any wrongdoing.

But Moore had had enough. Worried about the likelihood of receiving a poor performance review from his superiors, he left in April of last year. "I felt very much retaliated against," he said. "It happened to a lot of us who disagreed."

Moore currently works as the project manager for the Commission on Federal Election Reform at American University.

In response to this piece, Justice Department spokeswoman Cynthia Magnuson said that the Privacy Act prevented the department from discussing personnel issues. But she did say that the decision to clear the Georgia voter identification law "followed a careful analysis that lasted several months and considered all of the relevant factors."

Moore took issue with that. "Did we [examine all of the relevant factors]? Yes. Did they consider them? No."

In a comment to TPMmuckraker, Sen. Ted Kennedy said that the administration's politicization of the Civil Rights Division goes hand-in-hand with its emphasis on voter fraud prosecutions:

“The Department of Justice’s protection of the fundamental right to vote should be above politics. Unfortunately, that hasn’t been the case in this Administration. The scandal over the dismissal of United States attorneys who had refused to bring meritless voter fraud charges is just the latest example of a problem that has far deeper roots. The facts suggest that for years, the Bush Administration has viewed voting rights enforcement as a partisan tool.”

Comments (102)

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So the political appointees monitor the e-mail of the career staff...

And Karl Rove and others use private e-mails to escape monitoring...

Are the political appointees over at the NSA sifting through all those e-mails?

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So, is Joshua Rogers, the young Republican lawyer whose views about the Georgia voting statute prevailed, a graduate of Regent University Law School?

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Let's not forget the DOJ's senior staff over rode findings by staff lawyers that Tom Delay's unprecedented Congressional redistricting in Texas violated the Voting Rights Act.

Washington Post article with links to DOJ memos and documents.

http://www.washingtonpost.com/wp-dyn/content/article/2005/12/01/AR2005120101927.html

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Above the Law has long been covering the craziness at the Special Litigation Section of the Civil Rights Division:

http://www.abovethelaw.com/shanetta_cutlar/

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Can any more disgrace fall upon the DOJ? This article is chilling because it seems as if it will take decades to rid that department of anti-justice incompetents.

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I hope every black leader in Georgia takes this as a challenge to get every eligible black voter to register and go to the polls. If they want to hit the GOP in the mouth, do it in the voter's booth.

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The facts suggest that for years, the Bush Administration has viewed every available power of government as a partisan tool.

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I would also say that it's time that someone makes a list of the places they have been targeting (DoJ, civil rights, etc). There is a big picture emerging here. They are reworking our government into one giant arm of the GOP. It's facism in the very real definition of the word.

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How about a voilation of the Hatch act there? Any takers in the House to follow up on that. That and also a failure by various members of the Civil Rights Division to actually follow the law? There has to be consequences besides the winning of control of States by Republicans to this sort of bastardization of the DOJ.

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One would think that the Black Congressional Caucus would be all over this. Where is both of the Judiciary Committees? The subversion of civil rights is not to be permitted. The next will be targeting of other groups that vote Democrat. Well I guess they have been targeting unions for years also.

You gotta wonder how many of these RNLA's have got the Confederate flag in the back glass of their cars (Klan sign).

Security Code: glass

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Forget about mass protests against the Iraq War - we need to assemble freely in front of the Justice Dept. and make our views known. If Conservatives wanted intimidation of voters, coddling of corporate donors, and dominance of Republican party interests, then we deserve to show them this is not acceptable to us as a citizenry by holding their feet to the fire and showing them we don't liem the scales of Justice tipped - we like 'em nice and even and impartial.

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I'm completely shocked that the Bush Administration would deliver on their promise to disenforce the VRA and CRA via the legal back doors as they have.

I mean, c'mon. DoJ hasn't prosecuted a meaningful anti-trust case in six years, it hasn't prosecuted a single meaningful womens' rights case, it hasn't prosecuted a single affirmative action violation. If there's been a major tax evasion case, I haven't heard of it. If DoJ is to be believed, white collar crime has utterly vanished in the United States. (Well, okay, Martha Stewart made an insider trade.)

They've gone after urban gun sale restrictions. They've tried to go after small time pornographers while not affecting GM's profits off pay-per-view porn. The operational definition of "Justice" under Ashcroft was to try to reimpose prudish rural 'values' nationally, while allowing for the hypocrisies that required.

It's hard to see major DoJ priorities these days, under direction of Gonzalez, other than overtly political ones. With the country tipping to slight Democratic majority in 2005/06 and after the '06 elections Republicans only having the federal executive branch powers left to grossly manipulate close elections in the swing states, what else could they be desperate to use DoJ for?

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So, is Joshua Rogers, the young Republican lawyer whose views about the Georgia voting statute prevailed, a graduate of Regent University Law School?

Nope, U-Miss. Here's his bio at Find a Republican Lawyer:

http://www.rnla.org/bio/BioDetail.asp?MemberID=3667

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This could simply be titled:

Inside The Bush DoJ's Purge Division

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When the Dems come back in, every single on of these clowns should be investigated. Pay them back for ruining honest folks careers.

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"It's facism in the very real definition of the word.

Posted by: Tom"

Agreed. Absolutely chilling. This is how they planned the permanent majority they promised. I hope that some of the Senators on the Judicary read this article. I hope they ask Mr Gonzales questions about these matters while he is under oath. He may have practiced for USAgate, but he very well may not be prepared to talk about this.

code: poison - circulating through our federal government.

"we need to assemble freely in front of the Justice Dept. and make our views known. "

Agreed it is time the "leadership" in DC heard from the people.

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The term "shower of fascist thugs" springs immediately to mind.

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A very disturbing picture. I hope one of the journalistic elite bring it upon themselves to use the precious real estate they have and blow this story wide open. The only remedy for this kind of stuff is political and the polis, the people of America, can not make correct judgements unless they are informed.
(Which explains why the right wing news apparatus exits; to uphold pro-republican lies and obscure the truth.)

C'mon Newsweek, Time, NY Times or WAPO. Are you journalists or not? The moment of truth is here.

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It's not just the Civil Rights Division--just contact lawyers in other divisions.

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The Washington Post covered this in 2005 as well:

http://www.washingtonpost.com/wp-dyn/content/article/2005/11/16/AR2005111602504_pf.html

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This is an incredible piece. Thanks...and keep on keeping us informed. We need to know this...people like Mr. Moore need to keep speaking out.

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I agree with gchaucer2 that “this article is chilling” but I disagree with the “it will take decades to rid that department of anti-justice incompetents” part. Sure, we’ll have to watch the bastages closely for another year or so and overcome any attempts to manipulate the vote tabulations in 2008. And we’ll have to rescind the gerrymander bills and other bad law that crept in during the great darkness. But with a different sort of leadership at the top and the greed that one can expect from a bunch of young Republican lawyers, wouldn’t you expect to see a mass exodus in 2009?

Code: “crime”, need I say more?

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On Sunday, ePluribus Media published another inside view on what's going on in the Civil Rights Division -- Voting Section The Voting Rights Act, Voter Disfranchisement and the Tail Wagging the Dog
It seems as if "civil rights" is destined to be twisted around to be another "black is white" title such as Clear Skies and Healthy Forests.

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So will House and/or Senate Judiciary take this on too? They need to . . . it hooks right back in with the USA disaster! and it's not just VOTING rights - it's any kind of civil rights. fair housing. public accommodations. who knows what else . .

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After litigatormom's question, I checked the Regent Law School site. Follow the alumni links, and (no names) they list jobs that their more recent grads have. Many of these (150, I presume) are in government.

Chilling.

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The template used on the Civil Rights Division at Justice has been used across the federal government. The professional dismemberment has occurred at Defense, Treasury, the FCC, Commerce, USTR, GSA, you name it.

Tear it down, corrupt it, and leave behind the mess for someone else to pick. That's how this Harvard MBA manages himself, managed Texas, and manages the federal government.

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My impression is that although some of the right-wing traitors in the justice department are political appointees, many of them (such as the new guy mentioned in the voting rights division) are nominally career appointees. Unless a new administration is willing to act as despicably as the current one in forcing them out, they may well be able to hang on until they can be proven to have committed wrongdoing. (For the ones who are seriously unqualified, it may also be a fairly simple matter to prove incompetence and poor performance.)

If they're good little capitalists (rather than loyal foot soldiers) they'll bail to the private sector or to wingnut welfare sinecures as soon as it becomes clear they won't be making further inroads at DoJ, but some of them might have trouble finding jobs even in the privately-funded wingnut business.

(security code: fear)

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The professional dismemberment continues as we blog. Like retreating Germans afraid to give up their prisoners alive, it will continue until they are dragged kicking and screaming out of their offices in January 2009.

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Mr. Rogers is a 2004 graduate of University of Mississippi, which is, incidentally, a Tier 3 law school, just one level up from Regent University.

Unless Mr. Rogers went to law school late in life, he's not even 30 years old yet.

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Sorry, here's the link to the U-Miss law school page:

http://www.law.olemiss.edu/alumni/classnotes.html

You'll need to scroll down to the 2000s decade to find ol' Josh.

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Cho's comment above does not provide a link to the excellent ePluribus Media story: http://scoop.epluribusmedia.org/story/2007/4/15/203124/409

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Toby Moore is a nut. More importantly, if he were a lawyer he'd be disbarred for his actions. Most importantly, he has his facts dead wrong. But who cares. When it gets the nuts wound up, why worry about pesky things like facts??

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Toby Moore is NOT a nut. He's to be praised for his courage to bring some things out in the open. As were so many of us in the Voting Section, Toby and all who worked on Georgia were treated abominably--except for one person, whose experience in the Section could be counted in months, not years, and those on less than one hand. Seasoned staff with long histories of divisional and departmental awards were ignored and even berated, their integrity questioned, time and again for pointing out the facts!!!

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We Won, Twice...more like You STOLE, Twice...A little paraphrased MLK for you: how long? not long, because no lie can live forever, and the truth, crushed to earth, will rise again...

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Also, at least the first theft is partially attributable to Hans von Spakovsky himself, who helped to aggressively purge voters in Florida prior to the 2000 elections. See the Jeffrey Toobin New Yorker article: http://www.newyorker.com/archive/2004/09/20/040920fa_fact

The second one, we will never know about, because the investigation into Ohio was conducted by the, uh, er, Voting Section after it had already been coopted by the Bush administration. Indeed, R. Alexander Acosta, then-Assistant Attorney General for Civil Rights, intervened in two cases in Ohio on the other side! Acosta also got rewarded with a U.S. Attorney position.

Finally, Mr./Ms. Twice, I don't know too many Ph.D.s in geography who work as project managers for noted bipartisan commissions like the Carter-Baker Commission who could be classified as "nuts."

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It is great to see the full extent of the criminal activity dawning in these responses! That folks are starting to see that it is about more than just the USA-8, it is about votes. It is right that "they stole twice", but they almost got caught last time a had to get rid of some of the whistleblowers in prep for the next election.

"There has to be consequences besides the winning of control of States by Republicans to this sort of bastardization of the DOJ."

One of the consequences of having the DOj in your pocket, is that the DOJ is the sole approving body for things like FISA (see Patriot Act)

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How can this bullshit not be illegal? These people need to be in jail. This needs to be reported widely.

security code is foot, as in what I'd like to stick in these clowns' asses.

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A note to all:

I have noticed a concern on other threads that Thursday's Gonzales hearings will only be held on C-SPAN3.
According to their posted scedule C-SPAN will also be carrying the hearings live on the regular C-SPAN channel.

Just a note of encouragement for those who might not get C-SPAN3.

Here's hoping for a miracle...

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I was recently ruled against in a civil rights investigation. There was no investigation, they contacted the fortune 500 business I had been discriminated against by, and ruled in their favor. They did not interview a single witness on my behalf, not even my doctor. My lawyer explained it is how it is going since Bush took office, at the time I thought he was nuts. I had thought people in those positions held the law above partisan fray, now I know better.

With the time limits in place on Civil Rights cases I am pretty much screwed. Just hope you never get sick because you have no civil rights as it stands now.

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They have been co-opting the whole government the entire time they've been in office. If i were a betting man, i'd lay long odds on Bush starting a war in Iran just in time to declare martial law and cancel the 2008 presidential elections: commander-in-thief, doncha know....

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"Unless a new administration is willing to act as despicably as the current one in forcing them out, they may well be able to hang on until they can be proven to have committed wrongdoing."

Paul I think we ought to work hard to expose this mess and get rid of apparatchiks as soon as possible. It is not despicable to dump partisan hacks, it's a patriotic duty.

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Correction - Schlozman is no longer acting USA for the MO western district. His (Senate confirmed) replacement was sworn in on April 11.

http://www.usdoj.gov/usao/mow/news2007/wood.htm

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Toby Moore's complaints about partisan enforcement of voting laws should be taken as seriously as Fagin complaining about an increase in pickpockets in London. Moore’s real grievance lies with an increase in competition.

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http://www.prbuzz.com/attorney-general-alberto-gonzales-sandbagged-novation-llc-prosecution-2136.html

After Alberto Gonzales became Attorney General on February 3, 2005, the investigation of Novation was suppressed even though insider Novation executives came forward to the US Department of Justice with evidence of laundering hospital funds through the publicly traded electronic hospital supply marketplace Neoforma, Inc. that was then controlled by Novation, Volunteer Hospital Association (VHA), and University Health System Consortium (UHC) and is now owned by the electronic hospital supply marketplace GHX, LLC.

In an April 18, 2005 affidavit, Medical Supply Chain founder Samuel Lipari complained about FBI misuse of USA PATRIOT Act surveillance powers.

///

Attorney General Alberto Gonzales confirmed the existence of the program for warrantless surveillance, first reported in The New York Times, on December 19, 2005. However on January 25, 2006 Gonzales wrote that “there has not been a single verified abuse of any of the provisions” of the USA PATRIOT Act.

///

Disappointed with the continuing US Department of Justice cover up, on April 9, 2007 Samuel Lipari publicly disclosed Medical Supply discovery revealing the US Attorneys targeted by Karl Rove and Attorney General Alberto Gonzales that resulted in Todd Graves being replaced by Bradley J. Schlozman a year earlier. John Wood was finally sworn in as the US Attorney for the Western District of Missouri on April 11, 2007.

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Federated,

I assure you, treason is very much against the law.

trea·son /ˈtrizən/ Pronunciation Key - Show Spelled Pronunciation[tree-zuhn] Pronunciation Key - Show IPA Pronunciation
–noun
...
3. the betrayal of a trust or confidence; breach of faith; treachery.

code: blood (as in, they will pay with their)

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There is a deeper, more insidious problem in the making here. Some day, God willing, this administration and its appointees will be gone. Unfortunately, by that time so will most of the responsible and independent career employees.

After the next election, the DOJ will be staffed by careerists who either agree completely with the Bush administration, or who lack the courage to do the job right. That, my friends, will be the legacy of the last two terms.

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This all makes sense if you remember the Republican motto: "Party before country." It really is as simple as that. America's new Republicans are anti-constitutional insurgents, and they're trying to remake America into a fascist nation.

fas·cism /fash-iz-uh m/

A philosophy or system of government that is marked by stringent social and economic control, a strong, centralized government usually headed by a dictator, and often a policy of belligerent nationalism.

Fascism rejects liberal ideas such as freedom and individual rights, and often presses for the destruction of elections, legislatures, and other elements of democracy. Despite the idealistic goals of fascism, attempts to build fascist societies have led to wars and persecutions that caused millions of deaths. As a result, fascism is strongly associated with right-wing fanaticism, racism, totalitarianism, and violence.

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The defining charateristics of Fascism.1.Powerful & continuing Nationalism. i.e. Constant use of patriotic mottos, slogans, symbols. Flags are seen everywhere.
2. Disdain for human rights. Need for security, human rights ignored in certain cases of "need". People look the other way.
3. Identification of enemies/scapegoats as a unifying cause.
4,Supremacy of military. Disproportionate funding - domestic agenda neglected. Rampant sexism.
5. Controlled mass media.
6. Obsession with national security.
7. Religion and Government intertwined.
8. Corporate power protected.
9. Labor is suppressed.
10. Disdain for intellectuals and the arts.
11. Obsession with crime and punishment (often a national police force with unlimited power).
12. Rampant cronyism and corruption.
13. Fraudulent elections.
Does anyone not believe that at present the US fulfills all these criteria?

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I WONDER WHAT THE BLACK AND WHITE VOTERS WILL HAVE TO SAY ABOUT REP. BURMEISTER WHEN SHE RUNS AGAIN? THIS QUOTE WOULD MAKE FOR A GOOD CAMPAIGN AD FOR THE DEMS TO TAKE HER SEAT. ----"Georgia state Rep. Sue Burmeister, the sponsor of the bill, told section staff that "if there are fewer black voters because of this bill, it will only be because there is less opportunity for fraud," and that "when black voters in her black precincts are not paid to vote, they do not go to the polls."

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Everybody who's paid any attention knows vast numbers of urban centers in this country are controlled by Democrat-run political machines and Democratic-affiliated NGOs whose "voter registration" drives deliberately sign up noncitizens, dead people, and fictional people, and whose "get out the vote" drives actually do pay people to vote, often fraudulently under other peoples' registrations. The career people at the Justice Department have allowed this to go on for decades.

Now that this deliberate fraud is being pursued, threatening an illegal institutional Democratic advantage, Democratic leaders (and careerists embarrassed that their failure to enforce the law is being rectified) busily toss out the race card as an attempt to preserve their de facto disenfranchisement of Republican voters by the casting of fraudulent nullifying votes.

It's as shabby and transparent as Representative William Jefferson's claims that he's clean, it's just that the FBI is out to persecute blacks.

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Oh, and Iceberg? The legal definition of treason is in the U.S. Constitution, not a dictionary. Article III, section 3:

"Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court."

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