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Congressman Asks DOJ For Reason The Voter Intimidation Case Dropped

By MICHAEL P. TREMOGLIE, The Bulletin
Monday, June 01, 2009
U.S. Rep. Lamar Smith, R-Texas, the ranking member of the House Judiciary Committee, sent a letter to the Civil Rights Division of the Department of Justice (DOJ), demanding to know why it dropped a voter intimidation lawsuit.

The letter, dated Friday, May 28, was addressed to Assistant Attorney General Loretta King. It asked for their reasons for dismissing the voter intimidation action against two members of the New Black Panther Party for Self Defense (NBPPSD).

 Mr. Smith stated this action is confusing since DOJ had already won the suit against them. The case involved an incident in Philadelphia on Election Day last year.

Specifically, Mr. Smith wrote:“[T]his casewas an uncontested lawsuit against defendants who ... made racial threats and racial insults ... and who made menacing and intimidating gestures, statements and movements directed at individuals who were present to aid voters.” He also wanted to know why they dismissed the complaint against the one person who was carrying a weapon. This person revealed his credentials as a Democratic Party committeeman. DOJ only pursued the complaint against one person and they did not do so to the full extent of the law.


Mr. Smith asked some pointed questions. Among them were:

• Why did they drop this severe case of voter intimidation?

• Is DOJ concerned that this dismissal would encourage NBPPSD and others to intimidate voters?

• “What role did the change of administrations play in the unusual resolution of voluntarily dismissing a case on which (DOJ) had already prevailed?”

Mr. Smith is not the only person with questions.

Stephen Morse, the University of Pennsylvania student who made the original video that spawned this whole affair, was also dumbfounded.


“As the creator of the video and a witness to the incident,” he told The Bulletin, “I am outraged by this decision.”

When asked what he would like to see done about it he said, “I hope that Democrats will join Rep. Lamar Smith in his efforts so this doesn’t become a partisan issue, but rather an issue of right vs. wrong, so the Justice Department does not abuse their power like this again.”

Mr. Smith’s office did not return calls in time for publication.

The House Judiciary Committee was asked for a statement. But a spokeswoman declined to make any comment on the matter.

Michael P. Tremoglie can be reached at mtremoglie@thebulletin.us



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