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The FBI ACORN Investigation: What Do We Know?

Earlier this month, senior law enforcement sources leaked to the Associated Press the fact that the FBI has launched a nationwide investigation into whether ACORN is involved in a co-ordinated scheme to commit voter-fraud across the country.

In response to the AP report, several former DOJ voting-rights officials told TPMmuckraker that the decision to launch such an investigation so soon before an election -- not to mention the act of leaking it to the press -- is reminiscent of the politicization of DOJ that was exposed in the US Attorneys scandal.

But since then, we've seen few concrete facts about the probe. So it's worth taking a moment to lay out what we know, and what it might amount to.

Almost as soon as the news was reported, department sources tried to walk it back a bit, telling the New York Times that they were "wary of being pulled into a highly partisan controversy so close to Election Day," and stressing that the investigation would focus on separate state-based reports of ACORN submitting fraudulent voter-registration forms.

As we reported after the news broke, DOJ policy discourages law enforcement authorities from taking any action in the lead-up to an election which might "chill legitimate voting activities," as the department's own manual puts it. On Friday, some former department officials wrote a letter to Mukasey making exactly this point. (Though it's also worth remembering that under Alberto Gonzales, DOJ made changes to its manual that make it easer to bring voter-fraud cases closer to election day.)

The bureau may be sensitive to those concerns. ACORN itself says it still hasn't been formally contacted by the FBI in connection with a nationwide investigation, and we've seen little evidence that the bureau is proceeding with a heavy hand on the national level.

Still, in several states there's evidence of FBI involvement following complaints from local election officials about voter-registration fraud tied to ACORN.

In New Mexico, the Bernalillo County Clerk met with investigators from the FBI and the US Attorney's office, after passing on around 1500 suspicious forms submitted to her office -- in an area where ACORN is active.

In Missouri, the GOP-led Kansas City Elections Board said the FBI is looking at 600-800 suspicious forms after ACORN submitted 19,000 in the city.

And in Nevada, the FBI is part of a joint federal-state task force announced earlier this year to look into voter fraud, though a raid on a Las Vegas ACORN office conducted earlier this month was led by the office of Democratic Secretary of State Ross Miller.

Both the Obama campaign and House Judiciary chair John Conyers have suggested that the investigation is politically motivated.

That skepticism makes sense, especially given the Bush administration's well-documented history of pushing DOJ toward bogus, politically motivated voter-fraud prosecutions -- which we were reminded of Friday, when the White House asked the department to take action on a voter-suppression bid by the Ohio GOP, that had already been rejected by the U.S. Supreme Court. And the fact that the probe was launched just as national Republicans -- including, in a televised debate, John McCain -- were trying to turn ACORN into a national boogeyman tied to Obama adds to suspicions.

But so far, there's little evidence that, at ground level, the conduct of the investigation itself could be described as overly aggressive or as intended to influence the election. Though of course, one reason for the apparent softly-softly approach is that no evidence has yet emerged that ACORN has been involved in a nationwide voter-fraud scheme -- the supposed subject of the investigation.

But you can bet we'll be watching this closely from now to election day -- and beyond.


15 Comments

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Thank you TPM for following this ridiculous investigation. I don't comment too often but I read you every day. My husband asked me what I'd do in retirement. I said I'd like to volunteer my time to research for TPM. You are the best.

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Thank you TPM for following this ridiculous investigation. I don't comment too often but I read you every day. My husband asked me what I'd do in retirement. I said I'd like to volunteer my time to research for TPM. You are the best.

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Re changes to the DOJ manual: I was watching Gonzales testifying before the Senate last year about the conduct of the DOJ when Dianne Feinstein held up the old vs. new versions of the manual. She pointed out that the new version, written in May after the investigations began no longer had the caution not to prosecute political cases right before an election. Gonzo of course denied any knowledge of how that change came to pass. I think Diane's response was something about a foul odor.

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If Feinstein is the guardian of the people against the Rovian hordes, we're in deep poo.

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The idea is to get these "suspicious" voters on provisional ballots which will in turn not be counted. There is zero incidence of "voter" fraud and certainly there may be one or two people stupid enough to risk prison by illegally voting but there is no precedence to suppress 200,000 potential voters in Ohio based on suspicions of republican leaders making the involvement of the FBI and suppression of of potential voters completely a waste of time and tax payer dollars. It's not rocket science to come to these conclusions so these groups must know what they are suggesting is just complete nonsense and fear mongering. It's a political move to be used to make McCain supporters feel Obama was not "legally" elected to be president.

The RNC and the GOP have shown themselves to be so vile and dishonest that they deserve to no longer be even a part of the political process. They are cheaters,frauds and thieves and must be defeated at every level until they no longer exist.

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Just a question:
Under what rock did they find Attorney General Mukasky ? This guy is just a replacement pimp for Gonzo.

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He is the protege of Democratic Senator Chuck Schumer.
It is instructive to compare Schumer to his SJC colleague, Arlen Specter. One is a 'moderate Republican' who should be far better than he is, and the other is a Democratic milksop who is much worse than he seems.

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IIRC one of the main reasons Schlozman got into trouble was that he (repeatedly) claimed the Justice Department had directed him to bring indictments just ahead of the election. He later retracted, and said that it was his own decision.

Surely the purpose of leaking the "news" of the FBI investigation is simply to immunize any GOP officials against similar charges this time around.

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It's an emotional day for me. It makes me feel like crying that the U.S. government has been successfully hijacked by the Cheney/Bush/Rove ops and been larded with political hacks from top to bottom. At the same time, I am moved to shed a few tears that there is significant push-back for the first time, too.
The right to vote is a fundament of the democratic republic we live in. Wingers think it's only the right vote that ought to count and they've manipulated the clockworks to that effect without much trouble.
Until now.
A nod to all of you who are making sure the sun shines into the dark corners.

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Zachary, you say...

But so far, there's little evidence that, at ground level, the conduct of the investigation itself could be described as overly aggressive or as intended to influence the election. Though of course, one reason for the apparent softly-softly approach is that no evidence has yet emerged that ACORN has been involved in a nationwide voter-fraud scheme -- the supposed subject of the investigation.

You may be missing the GOP's larger purpose in creating all the sturm und drang over the supposed fraud, and about the investigation(s) in their own right. It isn't to actually ferret out any real voter fraud. Instead, the real purpose is to fire up the base...especially the racist element of the base. You know, the ones who hear Palin say "community organizer" and know exactly what that's supposed to mean. The strategy has probably been pretty successful in doing so too, judging from the hoots of the crowds when Palin brings up ACORN.

But, from all reports I've read, thankfully, the GOP base alone isn't sufficient to ensure electoral victory this year (and I'm praying that the "diva" label will keep Palin out of it in the future as well).

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The investigations may not be "overly aggressive," but their existence has been used aggressively by McCain and his ilk to

1) cast doubt on the legitimacy of the election
2) portray Obama as a shady character
3) portray "community organizing" as a criminal activity
4) suggest that an Obama victory would be part of a larger black takeover of the country

I'd like to see some hard numbers regarding ACORN. How many registration forms they've submitted; how many have been shown to be fraudulent; how many of those ACORN itself flagged as such; and last but not least, how ACORN's voter-registration effort compares to others, particularly those conducted by Republican-leaning organizations.

Are we focusing on ACORN simply because ACORN fits a certain profile?

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If it's true that TPM is going to keep on this, and I certainly hope so, it may be relevant to find out much more about Assistant U.S. Attorney Stephen Kotz, who according to a small article inserted into the New Mexico newspapers last week is the election officer for U.S. Attorney's office in New Mexico for the 2008 General Election. So far I haven't been able to, and I'd like to know where he fits into 'the big picture.'

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By the way, to all of you who are following the struggles against voter suppression: volunteer locally to be a poll challenger. My husband is, and he was out over the weekend working all day at a rural early voting site, he'll be out tomorrow at the courthouse for another session of early voting, and he's signed up for all of Election Day as well. There are too few people willing to step up to the plate on this, and you can make a difference if you resolve and commit NOW!

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This is really scary stuff--we need to send a message that the GOP etc cannot and will not disenfranchise voters based on lies and misinformation.

Check out this site for ACORN's response and defense.

http://www.openleft.com/showDiary.do?diaryId=9350

And, you can sign onto a letter to McCain calling on him to stop these attacks:

http://salsa.wiredforchange.com/o/2749/t/3925/petition.jsp?petition_KEY=488

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This was on the 10:00 news KOBTV in Albuquerque (it's a little thin, but it's all I have right now):

http://kob.com/article/stories/S634770.shtml?cat=516

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