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Hans von Spakovsky

voter fraud

Al Franken Smacks Down Hans von Spakovsky Over Flawed Voter ID Stats (VIDEO)


Hans von Spakovsky

Sen. Al Franken (D-MN) squared off with voting rights restrictions enthusiast Hans von Spakovsky at at Senate hearing on Thursday, accusing the Heritage Foundation fellow of leaving out a crucial piece of data that undermined his argument that voter ID laws don't suppress minority turnout.

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Topics: Al Franken, Hans von Spakovsky, Voter Identification, voter fraud, voter intimidation

Hans von Spakovsky

GOP Senators Trot Out Hans von Spakovsky To Defend Voter ID Laws


Hans von Spakovsky

Democrats will have a longtime civil rights lawyer and a law professor who conducted an extensive study on voter fraud testify at Thursday's Senate hearing on the rash of voter ID laws sweeping states across the country. The Republicans will have Hans von Spakovsky.

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Topics: Hans von Spakovsky, Voter Identification, Voter suppression, Voting, Voting Rights Act, voter fraud, voter intimidation

Hans von Spakovsky

Election Expert Can't Find Report On 1984 Voter Impersonation Case Cited By von Spakovsky


Hans von Spakovsky

A prominent law professor who writes about election law wants to know where former Bush administration official Hans von Spakovsky got a copy of a 1984 grand jury report that he used in an article about the threat of voter impersonation fraud.

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Topics: Hans von Spakovsky, Voter Identification, Voter suppression, voter fraud

voter fraud

As Voter ID Laws Spread Across Statehouses, House GOP Telegraphs Anti-Voter Fraud Bill


Rep. Gregg Harper (R-MS)

With voter ID laws popping up in Republican-controlled statehouses across the country, could a federal bill be far off?

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Topics: GOP, Gregg Harper, Hans von Spakovsky, Randy Neugebauer, Tova Wang, True The Vote, Voter Identification, voter fraud

J. Christian Adams

Ex-DOJer: Friends Reminded Me Of Mother Teresa's Advice When I Resigned Over Black Panthers


J. Christian Adams, former Department of Justice attorney

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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Topics: Bradley Schlozman, Civil Rights Division, Civil Rights Division Voting Section, Hans von Spakovsky, J. Christian Adams, Justice Department

True The Vote

Tea Party-Backed Anti-Voter Fraud Effort Touts Non-Partisanship At First National Conference


Anita Moncrief and Christian Adams

HOUSTON, TEXAS -- When you talk about conservatives who rail against the supposed scourge of voter fraud and support voter identification laws that many expert say depress turnout among Democratic-leaning constituencies, there's a few big names that invariably come up.

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Topics: Andrew Breitbart, Hans von Spakovsky, J. Christian Adams, King Street Patriots, True The Vote, Voter Identification, Voting, voter fraud

Defense of Marriage Act

GLAD Lawyer Expects Members Of Congress To Defend DOMA In Court


President Barack Obama and GLAD Executive Director Lee Swislow

The big question following the Obama administration's announcement that it would not argue in support of the Defense of Marriage Act is whether Congress (or individual members of the House or Senate) would step in to defend the law themselves.

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Topics: Barack Obama, DOMA, Defense of Marriage Act, Department of Justice, Hans von Spakovsky, Justice Department, Lee Swislow, Obama Administration

FEC

Watchdogs: Campaign Finance Agency Is AWOL


FEC Commissioner Donald McGahn

A coalition of watchdog groups are calling for congressional hearings into what they regard as systematic failings of the Federal Election Commission, the agency charged with enforcing campaign finance law.

In a letter to the top Republicans and Democrats on the House and Senate oversight committees, the coalition urges the panels to hold hearings on the FEC's "frequent refusal to enforce the campaign finance laws passed by Congress."

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Topics: Campaign Contributions, Campaign Donations, Campaign Finance, Campaign Legal Center , Darrell Issa, Democracy 21, FEC, Hans von Spakovsky, House Oversight, House Oversight and Government Reform, Joe Lieberman, Senate Homeland Security Committee

Hans von Spakovsky

Hans von Spakovsky: Obama's DOJ Is Politicized!


Hans von Spakovsky

Bush-era Justice Department official Hans von Spakovsky, who according to career lawyers politicized DOJ during his time there, now says in a National Review story that it's the Obama administration that has been playing politics in the nation's top law enforcement agency.

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Topics: Hans von Spakovsky, Monica Goodling, Robin C. Ashton

voter fraud

True The Vote Signs Breitbart, Fund, Von Spakovsky For Voter Fraud Event

We already told you how True the Vote, the anti-voter fraud effort launched by a Texas Tea Party group, had lined up two of the biggest stars on the anti-voter fraud circuit for their upcoming national convention.

Now comes news they've added three of the biggest voter fraud alarmists in the country: Big Government founder Andrew Breitbart, Wall Street Journal columnist John Fund and former Bush Justice Department official Hans von Spakovsky.

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Topics: Andrew Breitbart, Anita MonCrief, Hans von Spakovsky, J. Christian Adams, John Fund, True The Vote, voter fraud

New Black Panthers

Conservatives Approve Interim Report Slamming DOJ On New Black Panther Case

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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Topics: Civil Rights Commission, Civil Rights Division, Civil Rights Division Voting Section, Department of Justice, Hans von Spakovsky, Justice Department, Michael Yaki, New Black Panthers, Todd Gaziano, U.S. Commission on Civil Rights

Hans von Spakovsky

Dem Remains Ahead In Virginia Race Where Bush-Era Lawyer Counting Ballots


Hans von Spakovsky

As we told you Wednesday, Rep. Gerry Connolly (D-VA) is just ahead of his Republican opponent Keith Fimian in a close race, and now the Fairfax County Board of Elections is canvassing the voting machines and examining provisional ballots.

With 100 percent of the precincts in, Connolly has 111,630 votes to Fimian's 110,700, according to state election data last updated at 1:56 p.m. on Thursday.

In Fairfax County, Connolly has 76,086 votes to Fimian's 71,571. With a split of 4,515 votes in Fairfax County, provisional ballots -- of which a county spokeswoman said there "a little over 100" -- aren't going to swing the result in the county. Still, some are concerned due to the involvement of Hans von Spakovsky, a Bush-era Justice Department official who was accused of politicizing the Civil Rights Division and putting an undue emphasis on combating voter fraud.

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Topics: Gerry Connolly, Hans von Spakovsky, Keith Fimian, Virginia, voter fraud

U.S. Commission on Civil Rights

Conservatives Subpoena More DOJ Officials In Black Panther Probe


Members of the New Black Panther Party, with Todd Gaziano (top) of the U.S. Commission on Civil Rights and Justice Department lawyer Christopher Coates (bottom).

With less than two months left until the conservative majority of the U.S. Commission on Civil Rights loses control of the agency, the Republican and libertarian members are hoping to breath new life into the controversy over the Justice Department's decision in the New Black Panther case by subpoenaing four more DOJ officials. The subpoenas -- first announced at a meeting on Friday -- show that depositions have been set up in mid-November, a TPMMuckraker review of the documents sent to the Justice Department shows.

The new subpoenas were sent to former acting Civil Rights Division Assistant Attorney General Loretta King; her former deputy, Sam Hirsch; Deputy Assistant Attorney General Julie Fernandes and Deputy Assistant Attorney General Steve Rosenbaum, a career employee.

In an e-mail to the commissioners, DOJ's Director of Federal Programs Joseph H. ("Jody") Hunt accepted service of the subpoenas on behalf of the Department employees on Oct. 28. The Justice Department previously declined to comply with subpoenas issued by the commission on the issue and instructed two employees to ignore them (one DOJ employee quit and testified anyway, another stayed at DOJ but testified against their instructions). A DOJ spokeswoman did not immediately respond to a request for comment on the new subpoenas.

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Topics: Hans von Spakovsky, J. Christian Adams, Julie Fernandes, Justice Department, Loretta King, New Black Panthers, U.S. Commission on Civil Rights

Hans von Spakovsky

Hans von Spakovsky Will Help Certify A Tight Race In Virginia


Hans von Spakovsky

Both sides are claiming victory in the House race in Virginia's 11th district, which may be the closest contest in the country. With 99 percent of precincts reporting, Democrat Gerry Connolly is leading Republican Keith Fimian by just 487 votes.

The three-member electoral board of Faixfax County is currently in the midst of canvassing the election results, a spokeswoman for the country government confirmed to TPMMuckraker. One of the individuals sitting on that board is Hans von Spakovsky, a Bush-era Justice Department official who came under fire from Democrats after allegations that he helped politicize the Civil Rights Division and placed an undue emphasis on voter fraud and identification that critics say often suppresses minority voter turnout.

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Topics: 2010 Elections, Gerry Connolly, Hans von Spakovsky, Keith Fimian, Virginia

U.S. Commission on Civil Rights

Former DOJ Lawyer Objects To Bush-Era Voting Section Chief's Testimony


Christopher Coates

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.

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Topics: Bradley Schlozman, Christopher Coates, Civil Rights Commission, Civil Rights Division, Civil Rights Division Voting Section, Hans von Spakovsky, Joe Rich, New Black Panthers, Robert Kengle, U.S. Commission on Civil Rights

Hans von Spakovsky

Hans von Spakovsky: I'm Not Working For Mark Kirk's Campaign

Hans von Spakovsky tells TPMMuckraker that stories about him training Republican lawyers in Illinois on election law as part of GOP Senate nominee Mark Kirk's efforts to send "voter integrity" monitors to parts of the state are "complete bullshit."

Von Spakovsky, a former Justice Department official who worked closely with Bradley Schlozman and who was nominated to the Federal Election Commission during the Bush administration, said he was in Chicago this week to speak to the local chapter of the Federalist Society. His speech focused on a paper he wrote about a year and a half ago regarding a decades-old instance of voter fraud, he told TPM.

He did not work with the Kirk campaign, and isn't working with any other campaign this election season, von Spakovsky said.

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Topics: Hans von Spakovsky, Mark Kirk

Civil Rights Commission

Bush-Era Voting Section Chief: DOJ Biased Against White People


Christopher Coates

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."

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Topics: Bradley Schlozman, Christopher Coates, Civil Rights Commission, Civil Rights Division, Civil Rights Division Voting Section, Commission On Civil Rights, Hans von Spakovsky, J. Christian Adams, U.S. Commission on Civil Rights

Hans von Spakovsky

Vote-Suppression Guru Spakovsky Is Back At It (CORRECTION ADDED)


Hans von Spakovsky

TPMmuckraker's favorite voter-suppression guru, Hans Von Spakovsky, is back in the saddle.

As you might remember, Spakovsky, a northern Virginia resident, was appointed earlier this year to a seat on the three-member Fairfax County Board of Elections, after a stint as a consultant to the US Commission on Civil Rights. And this week, Spakovsky and the board's other Republican member sparked outrage by voting to direct the BoE registrar to not distribute voter registration forms in languages other than English.*

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Topics: Chap Petersen, Hans von Spakovsky, Voting

Voting

DOJ Vet: Plan For Panther Hearings Shows Key Voting-Rights Panel Is "Kind Of A Joke"


USCCR Commissioner Todd Gaziano

Democrats and civil-rights advocates are slamming conservative members of a key federal voting-rights panel for a plan to hold hearings on the controversial "New Black Panthers" voter intimidation case, and are expressing intense concern that the commission is being shifted away from its traditional role as a protector of the rights of minority voters.

Yesterday, Main Justice reported that the commission, dominated by Bush appointees, planned to hold hearings on the New Black Panther case, which the Justice Department dismissed earlier this year. In a now-famous incident from Election Day 2008, a member of a group called the New Black Panther Party was caught on camera clad in combat boots and brandishing a night stick at a Philadelphia polling station.

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Topics: Barack Obama, Eric Holder, Hans von Spakovsky, Justice Department, New Black Panthers, Racism, Todd Gaziano, Voting

Hans von Spakovsky

Spakovsky Likely Headed Back To Voting Rights Agency, In Volunteer Post

The US Commission on Civil Rights (USCCR) is scheduled to vote tomorrow on the nomination of Republican voter-suppression guru Hans Von Spakovsky to a state-level body that advises the commission.

Lenore Ostrowsky, a spokeswoman for the USCCR -- whose mission is to defend voting rights -- confirmed to TPMmuckraker that commissioners will vote at a Friday morning meeting on Spakovsky's nomination to the State Advisory Committee for Virginia, where he lives. According to a source, it is likely that Spakovsky's nomination will be approved.

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Topics: Barack Obama, Hans von Spakovsky, Voting

Hans von Spakovsky

Spakovsky Finds More DOJ Politicization: Brazile Speech On .... Women's Achievements!

One the one hand: Firing US attorneys because they won't bring politically motivated prosecutions. On the other: inviting Donna Brazile to speak at a "Women's History Month" event.

Pretty much the same thing, right?

That's what voter suppression guru and TPMmuckraker favorite Hans Von Spakovsky is arguing. In a post on the National Review, Von Spakovsky notes that the Justice Department has invited all employees to attend an upcoming speech by Brazile, the noted Democratic party strategist.

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Topics: Hans von Spakovsky, Justice Department, U.S. Attorneys

Voting

Von Spakovsky: 1982 Feels Just Like Yesterday

Rick Hasen over at Election Law Blog has a great find from a recent FOX News opinion piece written by legendary voter suppression guru Hans von Spakovsky:

One doesn't have to look far to find instances of fraudulent ballots cast in actual elections by 'voters' who were the figments of active imaginations. In 1984, a district attorney in Brooklyn, N.Y. (a Democrat), released the findings of a grand jury that reported extensive registration and impersonation fraud between 1968 and 1982.

Other things that happened in 1982:

  • The end of commercial whaling
  • The first compact discs -- commonly known as CDs -- are released in Germany
  • The Double Stuf Oreo goes on sale.
  • The Dow hits an all-time high of 1,065.49.
  • Michael Jackson releases Thriller.
  • Time's "Man of the Year" is given to the first non-human: The Computer.

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Topics: Hans von Spakovsky, Voting

ACORN

Von Spakovsky and Co. Urge DOJ To Keep Probing Voter Fraud

Five ex-DOJ officials have written to Attorney General Michael Mukasey, urging him to keep investigating whether ACORN committed voter fraud in its registration efforts, Roll Call reports.

The group, led by leading voting-rights foe Hans Von Spakovsky, wrote:

"We hope that you will assure the American people that your Department intends to investigate and prosecute any and all instances of voter registration and other fraud occurring in the days leading up to the election, and that you will enforce all of the federal voting rights laws that are important to preserving the fairness and security of the election process..."

The other members of the group, according to Roll Call, are Former Assistant Attorney General William Bradford Reynolds and former Deputy Assistant Attorneys General Roger Clegg, Michael Carvin and Robert Driscoll.

Earlier this month, sources leaked to the Associated Press that the FBI had launched a naitonwide investigation into ACORN. Since then, few details about the probe have emerged. DOJ has declined to confirm its existence on the record, and ACORN recently said it had not been contacted in connection to the investigation.

Von Spakovsky was nominated for a seat on the Federal Elections Commission last year, but the Democratic Senate refused to confirm him. TPMmuckraker reported in August that he had been given a temporary appointment at the U.S. Commission on Civil Rights.


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Topics: ACORN, Hans von Spakovsky, Justice Department, Michael Mukasey, Voting, voter fraud

Hans von Spakovsky

Obama Camp Responds to Spakovsky's Hiring at Civil Rights Commission

The Obama camp has issued a statement calling the hiring of voter suppression guru Hans von Spakovsky at the U.S. Commission on Civil Rights, which we first reported yesterday, "unbelievable."

From Obama spokesman Michael Ortiz:

"Given Hans Von Spakovsky's controversial record on voting rights, it's unbelievable that he would now be offered a staff position with the U.S. Commission on Civil Rights, a federal entity charged with ensuring that voting rights are not violated. This is yet the latest indication that the Bush Administration is not serious about protecting the most fundamental right that protects all others - the right to vote."

This might be something that deserves looking into, oh, before November.

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Topics: Barack Obama, Hans von Spakovsky

Hans von Spakovsky

He's Baaaack: Civil Rights Commission Hires Spakovsky to Work on Voting Rights

It looks like Hans von Spakovsky, an old TPM favorite, is back in business. The former Justice Department official, whose nomination to the Federal Election Commission (FEC) was thwarted when Democrats objected to his long record of support for restrictions on voting rights, has been hired as a "consultant and temporary full-time employee" at the ostensibly bi-partisan U.S. Commission on Civil Rights (USCCR) the agency confirmed to TPMmuckraker.

If Spakovsky's history of backing efforts to make voting more difficult strikes you as a poor fit with the Commission's mission of defending voter rights, consider that of the eight current commissioners at the agency, only two are registered Democrats, a politicization that the New York Times' Charlie Savage brought to light last year.

Among Spakovsky's duties will be overseeing the USCCR's report on the Justice Department's monitoring of the 2008 presidential elections, a source inside the USCCR told TPMmuckraker.

Spakovsky's hiring is at the request of Commissioner Todd Gaziano, who works for the conservative Heritage Foundation on FEC issues and has defended Spakovsky in the press before. According to a federal government source, Gaziano has recommended Spakovsky at the government's highest payscale -- which would work out to about $124,010 annually if Spakovsky was to stay for an entire year.

And it seems that Gaziano may not have been exactly excited to make his selection of Spakovsky public knowledge. At a July 28th meeting (pdf) where the commissioners approved the hiring of the "special assistants," the new hires identities were kept confidential. According to the transcript of the meeting, when one of the commissioners asked for more information on the identity of who was being hired, the question was never answered.

So where is the money coming from? Well it turns out that USCCR is about $400,000 (pdf) under budget, and something had to be done with all that money before December. Although according to a federal source, the agency has other pressing needs -- understaffing and out-of-date technology -- the commissioners decided instead to spend at least part of that money on four temporary staff assistants.

Attempts to contact Graziano were referred to the Commission public affairs office. Calls to Spakovsky were not immediately returned.

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Topics: Hans von Spakovsky

Civil Rights Division

Spakovsky Subpoenaed in Civil Rights Department Probe

Lifting the veil on one of the two remaining Justice Department OIG reports, Murray Waas for the Huffington Post reports that Hans von Spakovsky, among other former Justice Department lawyers, has been subpoenaed by the OIG to testify about politicization of the Civil Rights Division.

Investigators for the Inspector General have also asked whether [Brad] Schlozman, while an interim U.S. attorney in Missouri, brought certain actions and even a voting fraud indictment for political ends, according to witnesses questioned by the investigators. But it is unclear whether the grand jury is going to hear testimony on that issue as well.

One person who has been subpoenaed before the grand jury, sources said, was Hans von Spakovsky, who as a former counsel to the Assistant Attorney General for Civil Rights was a top aide to Schlozman.

As Waas points out in the article, the DOJ forcing former members of its own ranks to testify is an "extraordinary step."

Both Schlozman and Spakovsky are being investigated for violating civil service laws in making hiring decisions based on political affiliation.

Jason Torchinsky is also reported to have been subpoenaed, though sources tell Waas that Torchinsky is not under investigation and has been only asked for witness testimony.

Two previous reports by the OIG have both found that hirings were politicized at various points at the Justice Department. The first report showed the politicization of the Attorney General's Honors Program, while the second, released last week, focused on the politicized hiring surrounding Monica Goodling and others at the DOJ.

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Topics: Bradley Schlozman, Civil Rights Division, DOJ Office Of The Inspector General, Hans von Spakovsky, Justice Department

Hans von Spakovsky

Ellison Slams von Spakovsky Over Disenfranchised Nuns and U.S. Attorneys

It's been a slow burn at the hearing on the 2004 elections at the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties. With two separate panels, Hans von Spakovsky didn't get around to testifying until 5:00 PM ET.

But Rep. Keith Ellison (D-MN) made it all worth it.

Ellison threw tact to the wind in questioning von Spakovsky, berating him for the disenfranchisement of a group of a dozen elderly nuns and battering him with inquiries on his communications with U.S. attorneys on voter fraud prosecutions. We have video coming, but to tide you over, here's the transcript:

ELLISON: Now here's something that happened on the May 7th Indiana election. A dozen nuns and another unknown number of students were turned away from the polls Tuesday in the first use of Indiana's stringent voter ID law since it was upheld last week by the United State Supreme Court. Mr. von Spakovsky, you wanna stop nuns from voting?

VON SPAKOVSKY: [silence]

ELLISON: Why don't you want nuns to vote, Mr. von Spakovsky?

VON SPAKOVSKY: Congressman Ellison, uh-

ELLISON: I'm just curious to know.

VON SPAKOVSKY: Those individuals, uh, were told, were- knew that they had to get an ID, they could have easily done so. They could have voted, uh, by absentee ballot- uh, nursing homes under the law are able to get-

ELLISON: . . . Mr. von Spakovsky, are you aware that a 98-year old nun was turned away from the polls by a-

VON SPAKOVSKY: They all had passports-

ELLISON: Excuse me.

VON SPAKOVSKY: They had expired passports which meant that they could have gotten-

ELLISON: Mr. von Spakovsky, do you know a 98-year old nun was turned away from the polls by a sister who's in her order and who knew her, but had to turn her away because she didn't have a government-issued ID? That's okay with you?

VON SPAKOVSKY: Yes. . .

And once he was done making von Spakovsky look like a guy who won't help an old lady across the street to get to her polling place, Ellison started in on his communications with the U.S. attorneys. All that and more, after the jump.

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Topics: Hans von Spakovsky, House Judiciary, U.S. Attorneys

Hans von Spakovsky

Hans von Spakovsky and Ken Blackwell Set to Testify Tomorrow

The thorn in the FEC's side, Hans von Spakovsky, will be testifying tomorrow in front of the House Judiciary Committee on the 2004 Elections.

And who will be joining him? None other than Ohio's controversial former Secretary of State Kenneth Blackwell (R).

The hearing starts at 1:00 PM ET tomorrow, and we'll be here, doing what we do best. . . which is to say watching an inordinate amount of CSPAN.

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Topics: Hans von Spakovsky, House Judiciary, U.S. Attorneys

Hans von Spakovsky

Hans Says a Final Farewell

Given our love affair with Hans A. Von Spakovsky, I can't let his op-ed in today's Wall Street Journal go unnoted. Titled "Anatomy of a Beltway Smear Campaign," it is his embittered reaction to being forced, finally, to withdraw his nomination to the FEC last week:

During the past two years, while my nomination to the Federal Election Commission was pending - and before I withdrew last week - friends would call whenever the latest newspaper story or blog post attacking me was planted by political operatives and left-wing advocacy organizations.

They always asked the same question: Why was I putting up with the character assassination that has become the norm in Senate confirmation battles whenever a conservative is nominated for public office? ...

My own hard feelings will pass. But the political system has been damaged once more by the poisonous tactics of the left, and there is no reason to think that the whole sorry spectacle will not be repeated again and again and again. So long as such tactics are accepted and even encouraged by politicians and the media, it will become harder and harder to find ordinary citizens willing to submit to the character assassination that now passes for our confirmation process.

It was a little disappointing not to see TPM mentioned by name, but I couldn't help but think Hans was giving us a nod when he complained about being called a "vote suppressor."

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Topics: Civil Rights Division, Hans von Spakovsky

Hans von Spakovsky

Breaking: Spakovsky Withdraws as FEC Nominee

After a five-month standoff, Hans von Spakovsky has withdrawn his name as a nominee to the FEC. The move likely clears the way for the deadlock over the FEC to be resolved.

You can read his resignation here.

"It is with regret that I write to request that you withdraw my nomination," Spakovsky wrote in a letter to the President today. In his letter, Spakovsky explains that Democrats' opposition to his nomination has caused a battle that has been "extremely hard on my family and quite frankly, we do not have the financial resources to continue to wait until this matter is resolved."

Democrats have opposed Spakovsky's nomination ever since last year, but it was the opposition of Sens. Barack Obama (D-IL) and Russ Feingold (D-WI), who refused to allow any vote on the nominees together, that ultimately led to his withdrawal. Republicans, on the other hand, refused to allow Spakovsky to be voted on separately.

To remind you of some of the lowlights of Spakovsky's career at the Justice Department: his attempt to disenfranchise thousands of voters in Arizona singlehandedly (and then his false testimony to Congress about that), his petty attempts to retaliate against Department employees who did not agree with his legal philosophy (and his contested testimony about that), and his advisory letters that led to restrictive voter roll policies in a number of states.

Update: Rick Hasen on where things go from here.

Later Update: Reid's response:

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Topics: Hans von Spakovsky

Hans von Spakovsky

Reid to Bush: Drop Hans or Let Us Drop Him

Senate Majority Leader Harry Reid (D-NV) responded to President Bush's uncompromising compromise from last week today with the obvious response. From Roll Call (sub. req.):

Senate Democrats have made their next move in the ongoing stalemate involving Federal Election Commission nominees, asking President Bush on Monday to either drop former Justice Department lawyer Hans von Spakovsky or begin persuading Senate Republicans to go along with individual votes to fill the five agency vacancies.

"Despite your commitment that you would accept and agree to individual votes on each of the pending nominations, including Mr. von Spakovsky's, Republican Senate leaders indicated last week that they intend to continue to block such votes," Reid wrote in a letter on Monday to White House Chief of Staff Josh Bolten. "This continued obstructionism will prevent the FEC from its important work during this election season, including issuing advisory opinions, rulemakings, enforcement actions and certification of public financing."

As Reid notes, White House officials had whispered last week that Republicans would finally allow a vote on Spakovsky, but Senate Republicans quickly put the kibosh on that notion -- thus eliminating the only aspect of Bush's proposal that gave any ground. And so it goes.

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Topics: Hans von Spakovsky

Hans von Spakovsky

McConnell Spikes White House FEC Compromise

Well, that was quick.

As I noted yesterday, the White House offered a "compromise" to the FEC deadlock -- except that they refused to withdraw the centerpiece of the conflict, Hans von Spakovsky. Oh, and the offer also included replacing the sitting Republican commissioner David Mason, who's been creating trouble for the McCain campaign. The only aspect of the offer that could be characterized as a compromise was the promise from White House officials that Senate Republicans would now agree to have a vote on Spakovsky separately from the other uncontroversial FEC nominees.

But now Senate Minority Leader Mitch McConnell says they won't. It's either a vote on all the nominees together or nothing. So... no progress has been made. The FEC will remain shut down.

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Topics: Hans von Spakovsky, John McCain

Must Read

Today's Must Read

Nobody does compromise quite like the Bush administration.

If you're a regular reader of TPM, you're familiar with Hans von Spakovsky and in particular, Spakovsky's remarkable track record at the Justice Department's Civil Rights Division. It is because of that record -- one of ignoring, marginalizing, and intimidating career lawyers in order to institute restrictive voting laws all over the country, a pattern amounting to "institutional sabotage" as one former career attorney there put it -- that Senate Democrats (Barack Obama and Russ Feingold in particular) opposed his nomination to the Federal Election Commission.

Spakovsky was one of four nominees -- two Dems and two GOPers -- to the commission. The other three were uncontroversial. Senate Republicans insisted that all nominees be voted on together, and the Democrats objected: Spakovsky would have to get his own vote. The Republicans refused, and there things have stood for more than four months. Without the necessary number of commissioners, the FEC has essentially shut down.

It is a problem that has a relatively simple solution: if the White House were to submit another nominee, that nominee would more than likely be quickly confirmed without much trouble.

Instead, the Bush administration proposed something different yesterday.

Spakovsky remains a nominee. Instead, the administration has submitted a new nominee to replace the current chairman, David Mason. Mason is one of the only two seated commissioners, and it just so happens that he's been creating a whole lot of trouble for John McCain lately.

In February, the McCain campaign notified the FEC that it was withdrawing from the public financing system for the primary. Although McCain had once opted in, his campaign said that it had never received public funds and so could opt out. The move meant that McCain would not be bound by the $54 million spending limit for the system.

But Mason balked. McCain couldn't just opt out -- the FEC had to approve his request before he could. And Mason also indicated that a tricky bank loan might mean that McCain had locked himself in to the system. That would be disastrous for the campaign, since the Dem nominee would have a tremendous spending advantage through August. So McCain's campaign has continued to spend away, far surpassing the limit already. The Democratic Party has filed a complaint with the FEC and has also taken the matter to court.

And now Mason is getting the boot.

So where's the compromise, exactly? A White House spokeswoman tells The New York Times that Republicans are now willing to have a separate vote for Spakovsky. Whether that actually is the case, we shall see. If so, that means Democrats will have the chance to actually vote down Spakovsky once and for all.

But there is no shortage of cynicism about the White House's move. As Fred Wertheimer of Democracy 21 put it: "The only apparent reason for President Bush to drop Commissioner David Mason at this stage, an FEC candidate he had twice proposed for the Commission, is to prevent him from casting an adverse vote against Senator McCain on important enforcement questions pending at the Commission. The questions deal with Senator McCain's request to withdraw from the presidential primary public financing system and the consequences of a loan the McCain campaign took out and the collateral provided for the loan."

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Topics: Hans von Spakovsky, John McCain, Must Read

Civil Rights Division

Vote Suppression Guru: I Win I Win I Win!

In this morning's writeup of Supreme Court's decision on Indiana's voter ID law, The New York Times quoted someone familiar to TPM readers:

"This decision not only confirms the validity of photo ID laws, but it completely vindicates the Bush Justice Department and refutes those critics who claimed that the department somehow acted improperly when it approved Georgia's photo ID law in 2005," said Hans A. von Spakovsky, a former member of the Federal Election Commission and a former Justice Department official.

It's a reaction laden with a number of distortions. But the key one has to do with a crucial difference between Georgia's 2005 law and Indiana's law, as Joe Rich, the former chief of the voting section in the Justice Department's Civil Rights Division, told me. Rich, who last year opposed Spakovsky' nomination to the FEC along with a group of other former voting section professionals, called Spakovsky's contention that yesterday's ruling vindicated his actions "disingenuous."

"The Georgia law reviewed by the Justice Department required voters seeking the required voter ID to pay a fee that a federal court found created an unconstitutional poll tax," Rich said. "But in Indiana the Supreme Court explicitly noted that photo identification cards 'issued by Indiana's [Bureau of Motor Vehicles] are . . . free' and thus there was no issue of creating an unconstitutional poll tax."

Spakovsky and other political appointees overruled staff attorneys who'd recommended against approving Georgia's voter ID law, because of concerns that the law would discriminate against poor and minority voters. It was just a part of Spakovsky's legacy of ignoring and intimidating section employees, and generally doing what he could to effect policies that would disenfranchise voters.

Under the Voting Rights Act, parts of the country with a history of discrimination must demonstrate to the Justice Department that new legislation does not discriminate against minority voters. In the case of Georgia's law, supporters of the law didn't do much of anything to demonstrate that the law wouldn't discriminate against African-Americans.

In fact, quite the opposite. Georgia state Rep. Sue Burmeister, the sponsor of the bill, told voting 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."

Indiana's law had not required review by the Justice Department, Rich said. "Therefore, there was no issue in review of the Indiana law concerning whether the state could meet its burden of demonstrating that the law did not hurt minority voters, as is required by Section 5 of the Voting Rights Act. That was the only issue before Justice Department in its review of the Georgia law and career attorneys, in an in-depth memo, found that the law did hurt minority voters and accordingly recommended an objection to the law."

So I think it's fair to say that Spakovsky has yet to be "completely vindicated."

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Topics: Civil Rights Division, Hans von Spakovsky

Election 2008

Reid Offers Deal on FEC Deadlock

From Roll Call (sub. req.):

Senate Majority Leader Harry Reid (D-Nev.) shipped to the White House on Tuesday a compromise plan on Federal Election Commission nominees, a deal that is likely dead on arrival because it does not meet GOP demands on Hans von Spakovsky.

"You are aware that Mr. von Spakovsky does not have majority support to win confirmation," Reid wrote Tuesday in a letter to White House Chief of Staff Josh Bolten. "It is my understanding that you have two additional Republican FEC candidates cleared for nomination.

"One would fill Mr. von Spakovsky's seat should he be defeated or withdrawn, and the other would fill the vacant Republican seat," Reid continued. "You already have the non-controversial re-nomination of sitting commissioner David Mason pending."

You can read Reid's letter to White House chief of staff Josh Bolten here. But as Roll Call says, Republicans have thus far refused to budge on any deal that doesn't include Spakovsky getting packaged in a vote with the other less controversial nominees. And so the FEC remains officially dormant and the complaints against allegedly outlaw campaign activity continue to pile up.

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Topics: Civil Rights Division, Election 2008, Hans von Spakovsky

Election 2008

Appeals Court Reverses Ruling on Florida Vote Suppression Measure

Hans von Spakovsky's legacy is still being felt down in Florida. From the AP:

Florida can temporarily enforce a law that disqualifies any voter registration where the Social Security or driver license numbers on the application can't be matched with government databases, an appeals court ruled Thursday.

The 11th U.S. Circuit Court of Appeals in Atlanta said a lower court shouldn't have ordered a temporary injunction in December that prevented Florida from enforcing an anti-fraud law that dismissed applications when matches couldn't be made.

As we reported last year, one of Spakovsky's achievements while at the Justice Department was promoting this interpretation of the law: that states ought to reject voter applications if the data did not match driver's license or Social Security records. Civil rights groups, calling the measure "disenfranchisement-by-bureaucracy," sued to halt the law in an attempt to minimize the effect on the 2008 election. A newspaper investigation found that the measure resulted in tens of thousands of voters being rejected, the overwhelming majority of them minorities.

Back in December, a district court agreed with the argument by the groups -- the NAACP, the Haitian-American Grassroots Coalition, and Southwest Voter Registration Education Project -- that the law ought to be halted from going into effect while the lawsuit was decided. That decision was overturned yesterday.

"Yesterday's ruling by the appellate court represents a setback for all eligible Floridians, particularly voters of color, who wish to register to vote and participate in the upcoming presidential elections," said Elizabeth Westfall of Advancement Project, one of the attorneys for the groups. But Justin Levitt, counsel at the Brennan Center for Justice, said that the suit would go on and that "the trial court must now consider whether disenfranchising thousands of eligible citizens because of typos, is consistent with the U.S. Constitution."

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Topics: Civil Rights Division, Election 2008, Hans von Spakovsky

Civil Rights Division

Hans Spreads The Gospel

Last time we checked in on Hans von Spakovsky, the vote suppression guru was doggedly making the case for voter ID laws.

Now Angelenos have a chance to sample his wisdom. On April 2nd, Spakovsky will be speaking to the Los Angeles chapter of the Federalist Society. The title of the lecture is "Litigating Elections: the Campaign Process in 2008" -- characteristic of a man who's shown a genius for using the law to affect elections.

While Spakovsky is spreading the gospel, the White House and Republicans have still refused to back down from his nomination to the Federal Election Commission. The Dems, meanwhile, refuse to allow him to be slipped through with the other FEC nominees. Which is why the FEC remains unable to act.

Thanks to TPM Reader KA for the tip.

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Topics: Civil Rights Division, Hans von Spakovsky

Civil Rights Division

Spakovsky, out of Government, Still Touting Voter Fraud

OK, so Hans von Spakovsky's nomination to the Federal Election Commission has left the Senate hopelessly gridlocked, and the FEC crippled. And he packed his bags and left the building months ago. But the man is still keeping busy.

The vote suppression expert has just released his latest call-to-arms on the voter ID front at the Heritage Foundation. It's called "Stolen Identities, Stolen Votes: A Case Study in Voter Impersonation."

In it, Spakovsky takes on those liberal critics who claim that there's no voter fraud (like, say, The New York Times) by unearthing a 1984 grand jury investigation in Brooklyn, NY during which, he says, numerous episodes of voter fraud dating back to 1968 were uncovered.

Just because the case was 24 years ago and no indictments were issued shouldn't give us pause. The point is that it's evidence that fraud does occur. And therefore there's a strong case for requiring ID at the polls. And if the law disproportionately disenfranchises minority voters, I guess that's just collateral damage. The Supreme Court is expected to decide by late June whether Indiana's voter ID law is unconstitutional.

So you can see that Spakovsky is still on the case, though thankfully not still at the Justice Department, where he took a number of steps that had the effect of making it more difficult for minorities to vote. Bush put Spakovsky on the FEC by a recess appointment in December, 2005.

As voting law expert Rick Hasen points out, the piece is a brazen move for a guy who's been accused of being too partisan. Apparently Spakovsky is not holding out for winning Democrats over.

A recent report (pdf) by the Election Assistance Commission's inspector general served as a reminder for why Spakovsky is so controversial. In it, former Commissioner Paul DeGregorio, a Republican who frequently clashed with Spakovsky when he was at the Justice Department, is quoted as saying that "too many of [von Spakovsky's] decisions are clouded by his partisan thinking" and that Spakovsky thought that DeGregorio should use his position to advance the Republican Party's agenda.

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Topics: Civil Rights Division, Election 2008, Hans von Spakovsky

Civil Rights Division

Hans Has Left The Building

From The Atlanta Journal-Constitution:

Hans von Spakovsky threw in the towel on New Years Eve, in an e-mail sent out to supporters....

"Today was my last official day as a Commissioner on the Federal Election Commission," he wrote. "The Senate officially adjourned today without acting on my nomination... I wanted to thank everyone for their support over the past two years while I was going through this confirmation battle. All of the telephone calls, emails and notes I received from people were great encouragement for me."

Von Spakovsky attached an endorsement by the Wall Street Journal, though he added that "it did not help in the end in convincing the Democrats to vote to confirm me."

I'll guess he'll just have to intimidate federal employees and work to disenfranchise minorities from outside the government now.

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Topics: Civil Rights Division, Hans von Spakovsky

Civil Rights Division

GOP Blocks Vote on FEC Nominees

Is it the end for Hans von Spakovsky?

From what Senate Majority Leader Harry Reid (D-NV) said on the Senate floor last night, it appears so. Given the ongoing opposition to Spakovsky by Sens. Barack Obama (D-IL) and Russ Feingold (D-WI), Reid called for a vote on the individual nominees to the Federal Election Commission. But the Republican leadership, as they have from the beginning, insisted on voting on the four nominees, both Democratic and Republican, together, thus protecting Spakovsky from being voted down, but also preventing the confirmation of any of the other nominees.

At the end of the year, von Spakovsky's recess appointment to the commission will expire. Of course, that could lead to other problems, but our favorite vote-suppression guru wouldn't be one of them.

Reid's remarks are below.

Read more »

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Topics: Civil Rights Division, Hans von Spakovsky