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Former DoJ Official Changes Testimony on Voter ID Law

In April of 2005, Hans von Spakovsky, then a senior lawyer in the Justice Department's Civil Rights Division, almost singlehandedly disenfranchised thousands of voters. Without consulting career voting rights attorneys, Spakovsky wrote a letter that incorrectly advised Arizona's secretary of state that the state should prevent voters from receiving a provisional ballot if they did not have proper ID.

When von Spakovsky -- whose nomination as commissioner on the Federal Elections Commission is still pending -- testified before the Senate Rules Committee last month, he claimed that he'd consulted with lawyers in the voting rights section before drafting the letter. "This was not me acting by myself, "he testified. "You know, I would have been consulting with the other attorneys there [in the voting section] to do it."

But that wasn't true, as Joe Rich, the chief of the voting section at the time, told TPMmuckraker. Rich is one among six veterans of the section who wrote the committee to object to von Spakvosky's nomination, calling him "the point person for undermining the Civil Rights Division's mandate to protect voting rights" when he worked at the Justice Department. Calling von Spakovsky's testimony "a flat out misrepresentation," Rich said that none of the career attorneys in the section had been aware of the letter -- even then-Assistant Attorney General Alex Acosta, who oversaw the Civil Rights Division, had not known about it. The letter went out under the signature of Sheldon Bradshaw, a senior political appointee in the division, on his last day.

In written answers (pdf) submitted to the committee weeks later, von Spakovsky changed his tune: "As I recall, I may not have consulted with the Section prior to drafting [the letter]." Von Spakovsky did not note that this was at variance with his spoken testimony. He continued, however, to say that he thought that he did consult with the section on a follow-up letter, sent in September. That letter, of course, reversed his earlier advice.

Von Spakovsky made the change not only at the urging of career voting section lawyers (who'd only heard of his April letter from Arizona officials), but also at the urging of the Election Assistance Commission, which was created by Congress in 2002, in part, to advise the states on the implementation of the Help America Vote Act.

When von Spakovsky sent his advisory letter in April, 2005, EAC Commissioner Ray Martinez was not happy. ""Attached is a letter opinion that was issued on Friday by DOJ (Office of Civil Rights) regarding [the AZ issue]," Martinez wrote in an email to the other EAC commissioners:

"This comes as a major (and unwelcomed) surprise. This is a very serious issue. DOJ has taken the position that [Arizona] may impose ID requirements on all voters, including those casting a provisional ballot. While the underlying rationale of the DOJ opinion is one which I vigorously disagree with, the more serious transgression, from my perspective, is that there was absolutely no coordination (or at least a "heads up") between DOJ and EAC on this matter (despite the fact that we are including DOJ in every discussion dealing with our guidance authority). Clearly something has gone awry here. My recollection is that Hans clearly stated early in our tenure that now that EAC was up and running, we were to assume the responsibility of interpreting HAVA, while DOJ was the enforcement agency."

You can see the email here.

Von Spakovsky finally drafted the September letter reversing the earlier letter after consistent pressure from the EAC's chairman Paul DiGregorio. The White House eventually replaced DiGregorio as chairman with Caroline Hunter, a former deputy counsel to the Republican National Committee, last September. According to McClatchy, "DiGregorio confided to associates that he was told that von Spakovsky influenced the White House's decision not to reappoint him, said the two people close to the panel."

It's not clear when the Senate Rules Committee will finally vote on von Spakovsky's nomination. Despite Democratic opposition to his nomination, he may still be confirmed due to possible retaliation by Republicans against Democratic commissioner nominees. Von Spakvosky's been on the commission since January, 2006, when President Bush placed him there by recess appointment.


Comments (46)

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O.K., but we all agree that only U.S. citizens who are eligible to vote should be voting, right? As for the alleged variance, perhaps someone else can point that out:

1) "This was not me acting by myself . . ."

TRUE.

2) "I would have been consulting with the other attorneys there [in the voting section] to do it."

Did he consult with attorneys outside the voting section? Was he thinking of just the first, or including second, letter? If he understands the law correctly now, how is this relevant to his position on the Federal Elections Commission?

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Jake D, do you ever get tired of talking out of both sides of your mouth simultaneously? Or do you just use a lot of chapstick?

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"This was not me acting by myself . . ."

....no... this was him taking direction from Karl Rove. Face it - Republicans don't like democracy. They like dictatorships - as long as they are the dictator.

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He probably knew the law -- then and now -- that is probably why he did not consult the Civil Rights Division's lawyers in the first place and lied about it to Congress in the second place.

Is there any more reason to think that he is willing to testify truthfully now or should he be disbarred?

And there is no reason whatsoever to believe that he would follow the law if given a position of power.

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Consider that this is the man who overruled all the lifers at DOJ and approved the Texas redistricting, which was one of the most pernicious tools the Republicans used to establish such a partisan stranglehold on our political realm, throughout the early Bush era.

The historic implications may make him look like a hero to all the wingnut losers, but I would guess the history books of the future will not be so kind to Hans.

He will no doubt be considered another lawless weasel like so many of Bush's legacies, who abused the precious "rule of law" instead of obeying it.

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But he admits it was him acting by himself because he couldn't get others to lie for him.
Definitely agree with comment #2 by bantl above. It's pretty obvious huh?.

Appointed by recess appointment...no one wants theis guy anywhere near our voting laws and rules and now through blackmail, he might get apponted to the FEC?...What a travesty. This guy has only begun to find ways to disenfranchise voters. Just call him 'comrade'.

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Perhaps I missed where he admits he was acting by himself? I'd love for anyone to point out how my posting of statements #1 and #2 above constitutes "talking out of both sides of [my] mouth simultaneously" : )

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That's right "recess appointments" are only good and proper when Bill Clinton used them -- how could I have forgotten that?

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IMHO (OK, so I have never HAD a humble opinion) Von Spakorski shouldn't be up for a promotion, he should be under investigation.

He knew the law well enough to game it. No doubt he conspired with Delay's top minions about it exhaustively. So simple logic distates, if they knew they were gaming the law, and had any conversations or strategy sessions about it, they COMMITTED CONSPIRACY!!!!

The Texas Redistricting Conspiracy was a conspiracy to disenfranchise American voters and guarantee a Republican majority of pernicious proportions.

If the resulting Republican majority had not enabled Bush to trash our nation and its resources, it might not have been such a stupid disaster. But the results of this failure are with us every day, and there's no real end to it in sight, if Bush (cheney) gets his way.

Whether you deny it or accept it, you can't change the fact of it. If more than one person agreed to proceed with that redistricting, with full knowledge that it's approval skirted, even broke the law of the land, then they are co-conspirators.

This guy should be under indictment, not facing approval for promotion.

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So he lied under oath. Will he be prosecuted?

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Note to Congress;
BEFORE THE NEXT RECESS, TAKE AWAY BUSH'S RECESS APPOINTMENT POWERS!!!!

OTHERWISE, WE'L HAVE SPAZ ON OUR HANDS FOR QUITE A WHILE!

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Hans von Spakovsky = 'Kulturschande'

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Squeeky:

I think you are going to have to at least point out where you think he "lied under oath". Then we can discuss prosecutions, commutations, and pardons ; )

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"This was not me acting by myself . . ."

A line borrowed from his spiritual brethren, recited at Nuremberg. He simply takes direction from Reichsleiter Rove, with the purpose of protecting THE HOMELAND.

Just another Nazi wannabe in the upper ranks of the Bush Administration. Nothing here. Move on.

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Where's the conflict? Right here:

The old version: "This was not me acting by myself, "he testified. "You know, I would have been consulting with the other attorneys there [in the voting section] to do it."

versus

The new version: "As I recall, I may not have consulted with the Section prior to drafting [the letter]."

There is a difference, and an important one, between consulting with the other attorneys in the voting section and not doing so. His admission was prompted by the other attorneys coming out and saying it wasn't so.

If you can see the difference, fine. If you can't, fine as well.

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A couple of questions...
1. When a person such as Spakovsky is appointed to a governmental position, does he/she automatically fall under normal civil service rules and regulations?
What I mean is, civil servants are protected by many regulations from certain prosecutions and lawsuits which other workers do not have. Are the political appointees covered in the same way?
2. Does Congress have the inherent constitutional power to prevent the administration from appointing a person during recesses. It seems as though the only way to solve similar problems in the future is to close this "loophole", if that is possible.
It's hard to believe our founding fathers did no have some kind of check (other than impeachment) for these illegal directives and acts performed by appointees...

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Hey Jake D, FOAD, ok? Take it somewhere else cause you won't get traction with that BS here.

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The REAL Jake D. is correct. He wasn't talking out of both sides of his mouth at the same time. That's just silly. He was blowing it out of both ears at the same time. Can't you lefties get anything right?

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For those who seem to glory in the frustrations Justice (the concept) now suffers at the hands of these lawless rogues, keep in mind that investigations into this can go on in the future, long after Bush has returned to his ranchette.

If the sea-change in our government that started last election matures to full fruition, there will be no place for these crooks to hide, and there will no longer be any lawless power on Earth or in The USA that can protect them FROM THEIR OWN CRIMES!!!

So they will be wise to pull out all the stops to beat the Democrats this next time around, because when the Shiite finally hits the fan, their only refuge will be the Supreme Court, and quite possibly, they will be too busy protecting asbestos and heavy-metal polluters to cover for these lawbreakers.

One more thing... any investigation or legal proceeding that waits out the next president has one sure guarantee... after Justice does her part, Bush won't be able to reverse it any more.

So anyone with a guilty conscience or just a fear of the truth,who thinks the political weather is hot right now, just imagine what it will be like in two years.

All you Scooters won't have your bubba W around to bail your sorry asses out.

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David Taylor Shannon:

Are you claiming that "I would have been consulting with the other attorneys there to do it" is false simply because he may not have consulted with a few specific attorneys in the voting section? Using that kind of illogic, just because you slept in late today, that means you've never woken up early in your life.

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"His(her) admission was prompted by the other attorneys coming out and saying it wasn't so."

Now there's a line to keep handy to copy and paste, ponder how many of these crooks fit that description!

From Gonzales to Goodling, it is repeated over and over again.

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JEP:

Perhaps Bush should sign a blanket pardon then right before he leaves office?

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"For those who seem to glory in the frustrations Justice (the concept) now suffers at the hands of these lawless rogues, keep in mind that investigations into this can go on in the future, long after Bush has returned to his ranchette."

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SIMPLE CORREDTION

"For those who seem to glory in the frustrations Justice (the concept) now suffers at the hands of these lawless rogues, keep in mind that investigations into this can BEGIN in the future, long after Bush has returned to his ranchette."

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Not if they are pardoned.

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can we get a group "DUH!"

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It is relevant to note that Caroline Hunter was involved in Voter suppression efforts ("caging") in Ohio in 2004. In the New Jersey District court overseeing the Consent Decrees, her emails and testimony were submitted to the court (and are now public records). Judge Deveboise found the RNC involvement in Ohio caging was a violation of consent decrees and issued an order that prevented the activity.

Neat trick (and par for this Administration) that someone intimately familiar with (attempting) voter suppression (Caroline Hunter) is now heading EAC.

Click my name for email from Bush-Cheney '04 campaign worker Christopher Guith to Hunter and others outlining plans to use caging lists to challenge voters.

Here is a Kos Diary on this issue:
http://www.dailykos.com/story/2007/6/27/6168/12446

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JakeD: "If he understands the law correctly now, how is this relevant to his position on the Federal Elections Commission?"

Ahhh, the dishonesty continues.

He always understood the law. He simply didn't want to follow it. It is his dishonesty and his willingness to ignore the law for partisan advantage that is the issue.

"This was not me acting by myself . . ."

NOT TRUE, when the context is clearly whether he consulted with career voting rights section attorneys.

"Did he consult with attorneys outside the voting section?"

Then it would not have been attorneys THERE, it would have been attorneys ELSEWHERE.

The context has always been clear: he was asked about the first letter, there is a clear an unequivocal difference between the two that he cannot mistake or reasonably misremember.

Funny how conservatives would never buy such an "I didn't remember correctly" defense from a black criminal defendant on trial for allegedly committing murder, but they readily believe this kind of bamboozlement when it comes from conservative political appointees and border guards.

"Gee, I forgot for 30 days that I thought the guy I shot was carrying a gun. Now that I'm being charged for attempted murder, I remember everything!"

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JakeD: "That's right "recess appointments" are only good and proper when Bill Clinton used them -- how could I have forgotten that?"

No, they are only good and proper when they are not regularly abused to put incompetent individuals into positions of power.

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Jake, get real. Your brain is stuck (apparently in the 1990's) while your country is being trashed. On the count of three, you will wake up from your long delusional sleep: one, two, three ...

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Von Spakovsky: "And anytime a question came in--and I think Mr. Bradshaw's letter was in response to an inquiry from the Secretary of State--that inquiry would get looked at by all the lawyers, including myself and the other career lawyers in the section. They would look at each of these inquiries and letters, whether they came in by e-mail or letter, and we would discuss what the response was that we thought should go out. So this was not me acting by myself. You know, I would have been consulting with the other attorneys there to do it."

It is abundantly clear that Von Spakovsky said that he "would have" consulted with ALL of the attorneys in the voting rights section, including the career attorneys, and this was false.

Consequently, h lied under oath.

As usual, we find JakeD taking phrases out-of-context and pretending they could have other meanings to "prove" that the low-lifes he worships in the Bush administration have done nothing wrong, when the context clearly contradicts his speculative meaning.

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Duh!

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More importantly, if he told the truth the first time around, why did he need to send the committee different testimony later that contradicts his first testimony?

In his first testimony, he quite clearly stated that he "would have" consulted with attorneys in the voting rights section, actually implying ALL of the attorneys in the section including career attorneys.

In his "clarification" (hee, hee, nudge, nudge, wink, wink), aka his attempt to save himself from perjury charges, he says he may not have consulted with [any] attorneys in the voting rights section; meaning either (1) he may have consulted with none of the attorneys in the voting rights section, or (2) he may not have consulted with any of the attorneys in the voting rights section - two ways of saying the same thing.

These are mutually exclusive positions.

Either he consulted with some or all of the attorneys in the section or he consulted with none of them; he cannot have consulted with some or all of them AND none of them.

So, his testimony is in contradiction to his written followup.

If he's lying in his written followup, presumably that's still covered by the oath, but whether he lied at the original hearing or in this written followup, he nevertheless lied and given the evidence presented by several other witnesses that the lie was in the original testimony, an allegation of perjury is fully justified.

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He could have consulted with other attorneys, or simply not remembered correctly -- all he says now is that he "may not have consulted with the Section prior to drafting" this particular letter -- in neither case would that equate to perjury.

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JEP one quibble. Bush doesn't own a "ranchette". He has 1500 acres of some of the worst hardscrabble farmland this side of Afghanistan. He knows as much about soil as he does oil. I'd like to see him actually have to work it someday (other than brush clearing photo ops) but OTH if he ever does that means his economic policies have had their full affect and we're all screwed much worse than he'll ever be.

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Only those, for sure, in the "reality-based community" are entitled to be called "real."

Jake is a fake!

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JakeD: "He could have consulted with other attorneys, or simply not remembered correctly -- all he says now is that he "may not have consulted with the Section prior to drafting" this particular letter -- in neither case would that equate to perjury."

Yes, and Clinton could have really forgotten that Monica had his d*ck in her mouth.

There is sufficient evidence for a prosecutor to move forward on a charge of perjury; whether a jury would believe he "forgot" or "misremembered" or whatever other lame excuse he has or not would be for the jury to decide.

I remember plenty of JakeD's who insisted a jury would never convict Libby, but some excuses about memory just can't be swallowed by reasonable people.

In any event, the point is that he can be charged with perjury and he can be convicted beyond a reasonable doubt based on the record at hand, since his only defense is his own self-serving excuses which may be rejected by a jury and in my opinion should be.

The bottom line is a reasonable person could reasonably conclude that he lied under oath, if they do not believe the fatuous excuses you offer in his defense.

You seem to be of the opinion that it would be impossible to convict him of perjury, a belief that is not convincing in light of Libby's conviction.

The Libby lesson is quite simple: you give contradictory statements or statements that contradict known facts, you will not necessarily be saved by lame excuses related to memory or attempts to spin those statements.

Amazing though how law-and-order conservatives who routinely lament about how other common criminals avoid conviction through minor technicalities and more believable excuses, yet when it comes to conservative political appointees they fall all over themselves defending ludicrous rationalizations about why those appointees didn't lie, steal, cheat, extort, or accept bribes.

Code word = please, as in please stop bloviating JakeD.

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JakeD: " . . . all he says now is that he "may not have consulted with the Section prior to drafting" this particular letter . . ."

Just another way of saying, "I don't remember" -i.e., the Libby defense.

Well, section employees remember and they all say he didn't consult, which contradicts his prior testimony that he did - that is evidence of perjury.

Perjury does not require two contradictory statements by the person charged, just evidence contradictory to a statement by the person charged, in this case provided by employees from the section in contradiction to his original testimony.

The second contradictory statement is merely additional evidence of guilt, not a necessary element of the crime of perjury.

Didn't they teach evidence at "Stanford Law," JakeD?

Do they not teach the elements of crimes or are you just "failing to remember" like your buddies Libby and Von Spakovsky?

Code word = boat, as in JakeD is up the creek, in a boat, without a paddle, just like Georgie W. Porgie.

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Either the guy planned to lie or he is "dumb as a stick" as my mother used to say. Is it at all believable he could forget such an important thing as the facts about his seeking advice and agreement on his point of view. And, if he is that dumb, why the heck is he getting a nomination to anything. I might even give him a pass on this situation if it were not for the constant attempt of this administration to erode the voting rights of the poor and the needy.

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Don't engage the troll, anon, that's what he wants, to waste time with it. His questions aren't worth responding too, nobody cares what he thinks.

That last part truly disturbs me. "[H]e may still be confirmed due to possible retaliation by Republicans against Democratic commissioner nominees" is pissing me off. Let them retaliate, we can get our nominees in later. And if the goppers want to play that game, then the Dems need to let them know there will be a price to pay all over the Senate, not just with regards these nominations. It's called hardball, it's time the Dems start playing it in earnest.

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Blanket pardons? The Democratic Party should be so lucky -- how long in the political wilderness do we think it would take the 'Publican party to recover? The public is already upset about Scooter.

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Jane...
I agree with you....
Bush may end up pardoning everyone in the administration, but after looking at the polls (both reps and dems) these past couple of years, it might just be the last time a republican is given the power to pardon anyone... at least until this current generation is long dead... 'cause angry voters, more and more, are including long time republicans.

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Are there any Republicans anywhere who aren't corrupt, lying hypocrits?

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I still think he looks like Howdy Doody with mumps.

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This is just one more piece of a broader narrative that will be used to Impeach this whole lying pack of carpetbaggers that have hijacked the Repbulican party & more importantly our Democratic Process. We are now approaching an American Governance Constitutional Crisis. Does the Constitution really mean the Rule of Law or not. There are many ,many predicates being laid across many,many different investigations .Some investigations have blended into others. For example the Ohio caging is part & parcel of the TRMPAC illegal redistricting here in Texas follow the money & the same usual wing nut suspects- and ignore Jake D- all of this has a evidence trail with linkages,names ,dates etc- .
I am totally convinced that the Democratic Leadership in the Committees are holding many ,many depositions , documents , and testimony away from the MSM until the entire case against BushCo can be made. But it will made , & before Thanksgiving too.
In another thread Austin Cooper ,rightly observed when this confrontation comes it will be dire & "suck all the oxygen out of the room". Also it will mean that we must all be prepared to protect Our Constitution ,, by whatever means necessary - I don't want to get too melodramamtic -you know cue up the Oliver Stone theme music-but it is a fact that we have BlackWater & Titan sitting out there essentilly as Cheney's national police force (look what they did in New Orleans after Katrina ) . And it is also a fact that we have many true conservatives out here that are just as upset & frightend by BushCo as we are - and all those individuals -many who are personal friends-are all strong supporters & practioneers of the Second Amendment . We all need to stand togather .We call need to stay tuned ,remain optimistic , and be ready -it all is happening before Thanksgiving

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If Jake talks like an idiot and walks like and idiot and looks like an idiot, we don't need a DNA test to prove he's an idiot.

To paraphrase the singer:
"Bush and his killers are on the road. Their brains are squirming like a toad".

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