No justice in Obama Justice Dept, New Black Panther Party dismissal, Judicial Watch, Obama appointees interfered with New Black Panther prosecution
“If you look at the victories and failures of the civil rights movement and its litigation strategy in the court, I think where it succeeded was to invest formal rights in previously dispossessed people, so that now I would have the right to vote. I would now be able to sit at the lunch counter and order and as long as I could pay for it I’d be OK
But, the Supreme Court never ventured into the issues of redistribution of wealth, and of more basic issues such as political and economic justice in society. To that extent, as radical as I think people try to characterize the Warren Court, it wasn’t that radical. It didn’t break free from the essential constraints that were placed by the Founding Fathers in the Constitution, at least as it’s been interpreted, and the Warren Court interpreted in the same way, that generally the Constitution is a charter of negative liberties. Says what the states can’t do to you. Says what the federal government can’t do to you, but doesn’t say what the federal government or state government must do on your behalf.
And that hasn’t shifted and one of the, I think, tragedies of the civil rights movement was because the civil rights movement became so court-focused I think there was a tendency to lose track of the political and community organizing and activities on the ground that are able to put together the actual coalition of powers through which you bring about redistributive change. In some ways we still suffer from that.”…2001 Barack Obama interview on Chicago public radio station WBEZ
From The Washington Examiner July 30, 2012.
“Federal Court finds Obama appointees interfered with New Black Panther prosecution”
“A federal court in Washington, DC, held last week that political appointees appointed by President Obama did interfere with the Department of Justice’s prosecution of the New Black Panther Party.
The ruling came as part of a motion by the conservative legal watch dog group Judicial Watch, who had sued the DOJ in federal court to enforce a Freedom of Information Act (FOIA) request for documents pertaining to the the New Black Panthers case. Judicial Watch had secured many previously unavailable documents through their suit against DOJ and were now suing for attorneys’ fees.
Obama’s DOJ had claimed Judicial Watch was not entitled to attorney’s fees since “none of the records produced in this litigation evidenced any political interference whatsoever in” how the DOJ handled the New Black Panther Party case. But United States District Court Judge Reggie Walton disagreed. Citing a “series of emails” between Obama political appointees and career Justice lawyers, Walton writes:
The documents reveal that political appointees within DOJ were conferring about the status and resolution of the New Black Panther Party case in the days preceding the DOJ’s dismissal of claims in that case, which would appear to contradict Assistant Attorney General Perez’s testimony that political leadership was not involved in that decision. Surely the public has an interest in documents that cast doubt on the accuracy of government officials’ representations regarding the possible politicization of agency decision-making.
In sum, the Court concludes that three of the four fee entitlement factors weigh in favor of awarding fees to Judicial Watch. Therefore, Judicial Watch is both eligible and entitled to fees and costs, and the Court must now consider the reasonableness of Judicial Watch’s requested award.
The New Black Panthers case stems from a Election Day 2008 incident where two members of the New Black Panther Party were filmed outside a polling place intimidating voters and poll watchers by brandishing a billy club. Justice Department lawyers investigated the case, filed charges, and when the Panthers failed to respond, a federal court in Philadelphia entered a “default” against all the Panthers defendants. But after Obama was sworn in, the Justice Department reversed course, dismissed charges against three of the defendants, and let the fourth off with a narrowly tailored restraining order.
“The Court’s decision is another piece of evidence showing the Obama Justice Department is run by individuals who have a problem telling the truth,” Judicial Watch President Tom Fitton said. “The decision shows that we can’t trust the Obama Justice Department to fairly administer our nation’s voting and election laws.””
From Citizen Wells June 30, 2010.
“J. Christian Adams resigned recently as a voting rights attorney at the Justice Department.”
“On the day President Obama was elected, armed men wearing the black berets and jackboots of the New Black Panther Party were stationed at the entrance to a polling place in Philadelphia. They brandished a weapon and intimidated voters and poll watchers. After the election, the Justice Department brought a voter -intimidation case against the New Black Panther Party and those armed thugs. I and other Justice attorneys diligently pursued the case and obtained an entry of default after the defendants ignored the charges. Before a final judgment could be entered in May 2009, our superiors ordered us to dismiss the case.
The New Black Panther case was the simplest and most obvious violation of federal law I saw in my Justice Department career. Because of the corrupt nature of the dismissal, statements falsely characterizing the case and, most of all, indefensible orders for the career attorneys not to comply with lawful subpoenas investigating the dismissal, this month I resigned my position as a Department of Justice (DOJ) attorney.”