The Obama administration’s Justice Department has continued to dodge inquiries related to the a voter intimidation case, in which, charges against the New Black Panther Party were dropped.
The incident took place on election day when Bartle Bull, a former civil rights attorney and publisher of the left-wing Village Voice, witnessed what he called “the most blatant case of voter intimidation I’ve ever seen.” Bull and other witnesses said two member of the New Black Panther Party, clad in paramilitary uniforms stood outside a polling place in Philadelphia brandishing a billie club at the entrance.
Bulls aid he heard one Black Panther say, “You are all about to be owned by the black man, cracker!”
At the start of year, the Justice Depratment filed a civil lawsuit against the New Black Panther Party and three of its members, under claims that they violated the Voting Rights Act of 1965 by scaring voters with weapons, uniforms and racial slurs. In March, Bull submitted an affidavit to support it’s lawsuit.
None of the defendants, however, filed a response to the complaint and failed to appear in a Philadelphia Federal District Court. Prosecutors were under the impression that justice would prevail by default, but to much surprise, the charges were suddenly dropped against two members in May. The third, King Samir Shabazz was restricted from displaying a weapon within 100 feet of a polling place, an action that is already illegal under existing law.
Congressional Republicans were outraged over the decision. On July 30 the Washington Times reported that six lawyers who were adamant about pursuing the case were overruled by Associate Attorney General Thomas Perrelli. Chief Diana Flynn, pushed for the continuation of the case to :prevent the paramilitary style intimidation of voters” in the future.
On August 7, the U.S. Commission of Civil Rights voted to continue the investigation and confirmed their efforts in a letter.
“We believe the Department’s defense of its actions thus far undermines respect for rule of law,” its letter stated. It noted “the peculiar logic” of one Justice argument, that defendants’ failure to show up in court was a reason for dismissing the case: “Such an argument sends a perverse message to wrongdoers—that attempts at voter suppression will be tolerated so long as the persons who engage in them are careful not to appear in court to answer the government’s complaint.”
The commission also noted it plans to subpoena witnesses if the Justice does not explain its motion to dismiss the case.
Okay, quick sidebar: Let them have this one. Seriously. The Panthers simply stated an opinion and waved around a night stick. They didn’t physically harm anyone. Which is more that can be said for the some of the beatings, hosing and hangings black people endured to gain voting rights to begin with, but who’s rehashing the past? Even though Obama’s win was inevitable, these three brothas just wanted to be sure. Ha!
