
Texas provided "incomplete" information that does not enable federal officials to determine whether their proposed voter ID law would be discriminatory, the Justice Department said in a letter Wednesday.
Essentially, the letter from DOJ Civil Rights Division Voting Section Chief T. Christian Herren Jr. restarts the clock on when the Department has to make a decision about whether the law signed by Gov. Rick Perry complies with the Voting Rights Act. They have 60 days from when Texas sends them complete information.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)President Barack Obama last week told a radio audience that he's made sure the Justice Department is reviewing restrictive voting laws passed across the country. But as a practical matter, DOJ's reach is limited.
Sure, federal officials with DOJ's Civil Rights Division are reviewing voter ID laws passed in South Carolina and Texas because both states have a history of discrimination and are covered by Section 5 of the Voting Rights Act. DOJ told South Carolina in August that they need more info before making a decision and in September told Texas they have more questions.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Arguing last month that the voter ID law she signed into law in May wasn't discriminatory, South Carolina Gov. Nikki Haley offered to give voters free rides to obtain their photo ID from the DMV. 22 people took her up on it.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)As if Rick Perry needed another reason to dislike the federal government.
The Justice Department's decision to oppose the redistricting plan Perry signed as Governor of Texas is raising questions over whether he and state Republicans tried to dilute the voter power of Latinos by gerrymandering them into particular districts.
DOJ's opening serve sets the scene for a major court battle over how the lines will be drawn in the Lone Star state. Federal attorneys are expected to offer more details of their objections in a filing Tuesday and in federal court in D.C. on Wednesday.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Updated: September 19, 2011, 4:27PM
The Justice Department said Monday that Texas' state House and congressional redistricting plans didn't comply with Section 5 of the Voting Rights Act (VRA), indicating they thought the maps approved by Gov. Rick Perry (R) gave too little voting power to the growing Latino population in the state.
Officials with DOJ's Civil Rights Division said the proposed redistricting plan for the State Board of Education (SBOE) and the state Senate complied with the Voting Rights Act, but indicated they had concerns with the state House plan and the plan for congressional redistricting.
The federal government "[denied] that the proposed Congressional plan, as compared with the benchmark, maintains or increases the ability of minority voters to elect their candidate of choice in each district protected by Section 5," DOJ lawyers write in a filing. "Defendants deny that the proposed Congressional plan complies with Section 5 of the Voting Rights Act."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)A photo voter ID law signed by Republican presidential candidate Rick Perry is unnecessary, unfair, restrictive and intentionally discriminates against African-American and Latino voters, a coalition of civil rights groups will argue in a letter to the Justice Department on Wednesday.
Groups in the coalition want DOJ's Civil Rights Division to oppose preclearance of Texas's photo voter identification law under Section 5 of the Voting Rights Act. The Advancement Project, the American Civil Liberties Union, the Asian American Justice Center, Southwest Workers Union, a statewide Hispanic organization and Demos say the state failed to prove that the law was enacted for a nondiscriminatory purpose and that it will have no discriminatory effect on minorities.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Congress should follow in the footsteps of state legislatures and pass a federal voter ID law that requires voters to present photo identification at the polls, Sen. Lindsey Graham (R-SC) said Thursday.
Graham defended South Carolina's recently passed voter ID law, which is under review by the Justice Department.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Attorney General Eric Holder is sending poll watchers into a Mississippi county where white voters were previously found to have been intimidated by a Democratic official who is African-American.
The Justice Department announced Monday they were sending poll watchers to monitor runoff elections in Mississippi's Noxubee County, as well as in Bolivar, Tunica and Wilkinson counties to ensure their compliance with the Voting Rights Act of 1965. DOJ also monitored the first primary election in Noxubee County earlier this month.
The 2005 Noxubee case was the first ever so-called "reverse" discrimination voter intimidation case in the history of the Voting Rights Act. Ike Brown, the chairman of Noxubee County's Democratic Executive Committee in Mississippi, was found to have been trying to limit the participation of white voters in local elections.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Civil rights groups are worried that Republicans running redistricting in Texas are breaking the federal Voting Rights Act by diluting Hispanic voting strength. So too, apparently, were the Republicans themselves.
Emails recently released by a federal judge in the course of a lawsuit over the redistricting map drawn by Texas Republicans show those involved in the redistricting process were worried that DOJ or a federal court wouldn't approve their plan. As they worked on the plan in the spring and early summer, at least one GOPer expressed concerns that the feds would say they didn't do enough to strengthen the voting power of Hispanic residents of the state even though the population of Hispanic residents ballooned over 90 percent between the 2000 and 2010 censuses.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)A group of voting rights organizations are asking the Justice Department not to clear a Florida law which places restrictions on third-party voter registration efforts and shortens the early voting period.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)The Obama Justice Department needs to do more to stop states from implementing voter ID bills which disenfranchise minority voters, a coalition of House Democrats and civil rights leaders said Wednesday.
Gathered by the steps of the Capitol, the members of Congress and civil rights advocates slammed what they called a coordinated plan by Republicans to prevent students, minorities and the elderly from exercising their right to vote. They dismissed a frequent argument made by supporters of voter ID laws -- that since photo identification is required for plenty of everyday activities, it should be required at the polls as well.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Federal officials are suing the state of Louisiana for failing to provide voter registration forms at public assistance and disability services agencies. The Justice Department said that the state is in violation of section seven of the National Voter Registration Act of 1993.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Former Bush-era Justice Department employees are making a career out of running a "Willie Horton campaign" against the Obama administration's Civil Rights Division, Rep. Jerrold Nadler said Wednesday. The New York Democrat claimed the ex-DOJ employees were scaring people into thinking the administration is favoring minorities over white people.
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An Obama administration official at the Justice Department told a subordinate that he wouldn't accept the outright dismissal of a high-profile civil voter intimidation case against members of the New Black Panther Party, according to a report by DOJ's internal ethics office.
The report from DOJ's Office of Professional Responsibility (OPR) found that Assistant Attorney General Thomas Perrelli told Loretta King (the then-acting Assistant Attorney General of the Civil Rights Division) that he "would accept any outcome in the case so long as the entire case was not dismissed outright (because a man with a nightstick at a polling place appeared to present a case of voter intimidation) and the proposed relief did not violate the Constitution." Adam Serwer first reported on the conclusions of the full OPR report, which was posted online by the Democrats on the House Judiciary Committee this afternoon.
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The Obama Justice Department did not improperly let politics or the race of the defendants affect the handling of a high-profile civil voter intimidation case against members of the New Black Panther Party, a probe by DOJ's Office of Professional Responsibility (OPR) concluded after an extensive investigation.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)HOUSTON, TEXAS -- Despite his constant criticism of his ex-employer, former Justice Department lawyer J. Christian Adams said this weekend that he developed a "tight camaraderie" with employees in the Voting Section of the Civil Rights Division who were "not insane."
It was when he spoke to those friends about his decision to resign from the Justice Department because of handling of an investigation into a voter intimidation case against members of the New Black Panther Party that Adams said he was "reminded by [sic] a story of Mother Teresa."
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Newly appointed members of the U.S. Commission on Civil Rights closed their investigation of the New Black Panther Party voter intimidation case and suspended publication of hard copies of the report at a meeting last week.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Republican Georgia state legislator Bobby Franklin thinks that driver's licenses impose undue restrictions on the right of citizens to travel. So he's proposed legislation to stop the state from issuing them.
"Free people have a common law and constitutional right to travel on the roads and highways that are provided by their government for that purpose," Franklin's legislation states. "Licensing of drivers cannot be required of free people, because taking on the restrictions of a license requires the surrender of an inalienable right."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Stephen Robert Morse was a freelance journalist and videographer working as a poll watcher for the local Republican Party in Philadelphia in 2008 when he got the call of his lifetime.
Members of the New Black Panther Party, he was told, were standing outside a polling place in an overwhelmingly African-American section of the city.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (1)The conservative majority of the U.S. Commission on Civil Rights today voted to approve what they are now calling an "interim" report on the Justice Department's handling of the voter intimidation case against members of the New Black Panther Party.
Commissioners voted 5-2 along ideological lines to approve the report on their investigation, which started back in the summer of 2009. The vote came after talks between DOJ and the Commission to allow officials to testify on the case broke down because, the Justice Department says, of the "unilateral" terms set up by the Commission.
Michael Yaki, a Democrat on the Commission, said his colleagues had lost focus and were engaged in a "Beltway game" over an isolated incident that took place at a polling place in Philadelphia on election day in 2008.
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Justice Department lawyer Loretta King was supposed to be deposed at 10 a.m. today by the U.S. Commission on Civil Rights on the Department's handling of a voter intimidation case against members of the New Black Panther Party. But the Justice Department said late Monday that it "will not agree to the unilateral conditions" set forth by the U.S. Commission on Civil Rights for depositions of three DOJ employees.
The conservatives who dominate the Civil Rights Commission had accused the Justice Department in a letter sent yesterday of "smothering" their report on the New Black Panther case by requiring the commission share information as a condition of the DOJ employees' testimony. That civil voter intimidation case was filed in the waning days of the Bush administration after an incident at a Philadelphia polling station in which a member of the New Black Panther Party held a nightstick.
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The conservative-controlled U.S. Commission on Civil Rights on Monday accused the Justice Department of "delaying and smothering" the agency's investigation into the handling of a voter intimidation case against members of the New Black Panther Party.
Late last month, commissioners subpoenaed four Justice Department staff members as part of their probe into DOJ's handling of the voter intimidation case which stemmed from an incident in Philadelphia on Election Day in 2008. In a letter sent last week, the Justice Department agreed to allow the testimony of three Justice Department officials, so long as their testimony would be reflected in the Commission's report.
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A member of the New Black Panther Party was spotted by a local Fox station today at the same polling location at which he was videotaped two years ago. His presence at that facility in 2008, along with a nightstick-wielding colleague, led to a controversial voter intimidation case that has dogged the Obama administration for over a year and a half.
Fox provided a photo of the individual and reported that he was seen outside the polling place "wearing a pin that indicated his party affiliation, along with a black hat, sunglasses and leather coat." The polling location, Guild House West, is located in a majority African-American neighborhood in northern Philadelphia.
The individual appears to be Jerry Jackson, who had a poll-watching certificate back in 2008 and was originally named in the civil voter intimidation case bought in the waning days of the Bush administration. The Obama administration did not pursue the case against Jackson or the national party, but did obtain an injunction against fellow NBPP member King Samir Shabazz, who carried a nightstick.
Harris County, Texas and Maricopa County, Arizona are among the 30 jurisdictions in which federal observers will monitor polling place activities or Justice Department personnel will monitor the election, DOJ announced late Friday.
The Tea Party-backed group True the Vote, the Texas Democratic Party, Rep. Shelia Jackson Lee and even the New Black Panther Party have traded accusations of voter intimidation in Harris County and called for federal elections monitors to be deployed to the area.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (2)The U.S. Commission on Civil Rights was unable to reach a quorum today to vote approve a report critical of the Justice Department's handling of the civil voter intimidation case once brought against members of the New Black Panther Party. Democratic Commissioner Michael Yaki, who would have allowed the panel to reached a quorum, walked out of the meeting.
"This process for this entire investigation has been a farce from the beginning and done in a way to diminish the opportunity of those who oppose this investigation to participate," Yaki told reporters.
What one conservative member of the commission did discuss, however, was how TPMMuckraker was able to obtain a draft copy of the report.
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The conservative-controlled U.S. Commission on Civil Rights will vote tomorrow on a report -- obtained by TPMMuckraker -- slamming the Justice Department's handling of the case against the New Black Panther Party for a 2008 incident in Philadelphia in which a member showed up at a Philadelphia polling place and brandished a nightstick.
The Justice Department will have "adequate and aggressive enforcement" of both voter fraud laws and of voter intimidation laws this year, said Thomas Perez, the head of the Civil Rights Division, today.
"We enforce both voter intimidation laws and voter fraud laws and we will continue to do so as we have done: carefully, aggressively, and evenhandedly," Perez said in response to a question from TPMMuckraker. "It is impossible to provide a road map for what constitutes such a case because they're very much fact-driven. We have criminal statutes related to intimidation, we have civil statutes pertaining to voter intimidation, we have criminal statutes related to fraud."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)The conservative-controlled U.S. Commission on Civil Rights says it has spent $173,653 investigating an incident involving voter intimidation by members of the New Black Panther Party -- a case in which no voters have alleged they were intimidated.
That's according to data provided by the Commission on Civil Rights in response to a Freedom of Information Act request by TPMMuckraker. As of Sept. 30, the obligations for the project stood at $173,653, up from $141,357 as of Aug. 2.
But given that entire 2010 Statutory Enforcement Report -- the biggest project of the year for the Commission -- centers on the incident in Philadelphia on Election Day 2008, the actual dollar amount spent is likely higher. Several meetings of the Commission have centered exclusively on the New Black Panther Party case -- and the commission's budget for 2010 totals in at $9.4 million.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)It's no surprise that the Justice Department is preparing for the midterm election next week. What is a surprise is that Attorney General Eric Holder's DOJ is continuing a Bush-era program -- in name at least -- that came under fire due to the Republican administration's push for voter fraud prosecutions.
The Ballot Access and Voting Integrity Initiative began eight years ago under then-Attorney General John Ashcroft. This year, under a Democratic administration, the initiative is "ongoing" and is part of the Justice Department's 2010 Election Day Program, according to a joint press release from two Obama-nominated U.S. Attorneys in Wisconsin.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)A former Justice Department lawyer, Robert Kengle, has written the U.S. Commission on Civil Rights to object to the testimony of the former head of the Voting Section, Christopher Coates. Coates accused Kengle of being leery of the Bush-era Noxubee, Miss. voter intimidation case, which was the first time that the federal government used the 1965 Voting Rights Act to allege racial discrimination against whites.
As Adam Serwer reports, Kengle wrote the conservative-controlled U.S. Commission on Civil Rights with his complaint. The Commission is examining the enforcement of the Voting Rights Act as part of their inquiry into DOJ's handling of the voter intimidation case against members of the New Black Panther Party.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)The conservative majority of the U.S. Commission on Civil Rights today approved two letters addressed the Attorney General Eric Holder, alleging that the Justice Department is not enforcing civil rights laws in a race-neutral manner.
Expected to hit the press just weeks ahead of the midterm elections, a draft version of the commission's 2010 enforcement report -- focusing on DOJ's handling of the New Black Panther Party case and the alleged culture of hostility to pursuing cases against African-American defendants -- is circulating amongst the commissioners. They were asked at Friday's meeting to have their comments in by Oct. 11 to allow a revised report to be sent out Oct. 15. The commission will vote to approve the report on Oct. 22.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)The conservative block of the U.S. Commission on Civil Rights has prepared two letters to Attorney General Eric Holder, one of which charges that the Justice Department's Civil Rights Division is hostile to the "race-neutral enforcement of the civil rights laws."
While the conservative-dominated Commission's original goal for their 2010 Enforcement Report was to only focus on the Justice Department's handling of the civil voter intimidation case against members of the New Black Panther Party, they have now expanded the report they are preparing to focus on the "culture" within the Civil Rights Division.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (1)A Justice Department spokeswoman is hitting back at allegations made today at a U.S. Commission on Civil Rights hearing on the New Black Panther Party Case that the department is politicizing the enforcement of voting rights laws.
"[T]his so-called investigation is thin on facts and evidence and thick on rhetoric," Tracy Schmaler, a DOJ spokeswoman told TPMMuckraker in an e-mail. She added it was important to place Coates' testimony in the context of the "politicization that occurred in the Civil Rights Division in the previous administration."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)The former chief of the Voting Section of the Justice Department's Civil Rights Division says it was a "travesty on justice" for the DOJ not to allow attorneys to fully pursue a civil case against members of the New Black Panther Party.
Christopher Coates, now an assistant U.S. attorney in South Carolina, testified Friday at the U.S. Commission on Civil Rights hearing on the handling of the New Black Panther Party case. The conservative-dominated commission is preparing a report on how the DOJ handled the case and whether officials pursue the race-neutral enforcement of voting laws.
In his prepared testimony, Coates says there is a "hostility in the Civil Rights Division (CRD) and Voting Section toward the equal enforcement of some of the federal voting laws."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (1)It's been 689 days since two men affiliated with a fringe group called the New Black Panther Party, one of them carrying a nightstick, stood outside of the a polling place dressed in military garb in an overwhelmingly African-American community in Philadelphia.
The conservative majority of the U.S. Commission on Civil Rights had been prepared today to approve a report that observers expected would blast the Obama administration for the decision to drop the civil case against all but one of defendants, which was brought in the waning days of the Bush administration.
But mid-afternoon Wednesday, the former chief of the Voting Section of the Civil Rights Division who signed off on the case, Chris Coates, sent this letter to the commission chairman stating that -- in defiance of the Justice Department's order -- he would like to appear before the panel.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (1)Justice Department Inspector General Glenn A. Fine says he will examine the Civil Rights Division's enforcement of voting rights laws after being pressured by GOP House members to examine DOJ's handling of a case against members of the New Black Panther Party.

