DOJ allows “intimidation of voters” and “deadly weapon … at polling location”; “dismisses action” against those involved

- “Defendants … have engaged in coercion, threats, and … intimidation of voters … brandished a deadly weapon … made statements containing racial threats … at both black and white individuals … while the polls were open for voting.”

- “The department [of justice] is committed to the vigorous prosecution of those who intimidate, threaten or coerce anyone exercising his or her sacred right to vote.”

- “The United States dismisses the claims against these Defendants …”

- All of the above from the United States Department of Justice

The above quotes, part of an astonishing series of events, were not all technically said by individuals – the first is from a complaint, filed on January 7, 2009; the second is from a DOJ spokesman; and the third is from the notice of dismissal, with a filing date of May 15, 2009. They are all related to a situation that occurred at a polling location in Philadelphia, PA last November. Before explaining, in more depth, the circumstances of these actions, we want to make a few things clear:

• We understand the concept that this is a complaint – an accusation – which can, after further investigation, be appropriately dismissed.

• However, the threats and intimidation described were witnessed by numerous individuals and captured on video footage.
• In addition, the defendants made no effort to appear and respond to the charges, which would in most cases result in a default judgement (a conviction on the charges), but was dismissed instead.

The actions of the defendants were described in the original complaint in considerable detail. The men involved, members of the New Black Panther Party for Self-Defense, not only intimidated voters, but “made menacing and intimidating gestures, statements and movements directed at individuals who were present to aid voters” – meaning poll workers. One of the defendants brandished a “nightstick, or baton … and while the polls were open … pointed the weapon at individuals, menacingly tapped it [in] his other hand, or menacingly tapped it elsewhere.” The defendants wore “military style uniforms … [that] included black berets, combat boots, bloused battle dress pants, rank insignia … and black jackets.” All of these actions, as well as the “loud and open use of racial slurs and insults” created “the inimidating and threatening presence at a polling location” in violation of provisions of the Voting Rights Act of 1965.

Here is a brief video sample of some of the defendant’s behavior:

One notable witness of the defendant’s behavior is Bartle Bull, an experienced attorney and veteran of the civil rights movement. Mr. Bull called the actions, “the most blatant form of voter intimidation I have encountered in my life in political campaigns in many states, even going back to the work I did in Mississippi in the 1960s.” In a letter to the Department of Justice, the United States Commission on Civil Rights says, “defendants were caught on video blocking access to the polls, and physically threatening and verbally harassing voters during the November 4, 2008 general election.” The letter went on to further state, “So it is with great confusion that we learn of the … decision to dismiss a lawsuit against defendants who were caught engaging in attempted voter suppression the likes of which we haven’t witnessed in decades.”

The DOJ and its Civil Rights Division had basically won the case and could have submitted a motion for default judgement against the individuals involved, as well as the New Black Panther Party. However, the case was dismissed, with DOJ citing as its rationale the fact that the defendants “… have made no appearance and have filed no pleadings with the Court. Nor have they otherwise raised any other defenses to this action.” A former DOJ official said, “I have never heard of the Department dismissing a case it has already won by default.” The previously mentioned letter from the Commission on Civil Rights said the decision sends the “wrong message”, suggesting “that attempts at voter suppression will be tolerated and will not be vigorously prosecuted so long as the groups or individuals who engage in them fail to respond to the charges leveled against them.”

This entire episode is puzzling to us at “ONYDST” – and we hope it puzzles you, as well. The postal and email addresses of the Department of Justice Civil Rights Division (Acting Assistant Attorney General Loretta King) and your Congressman and Senator are all a matter of public record. We’ll leave it at that, but will say to the Department of Justiice, with great conviction and absolute astonishment:

“On no you didn’t say that!”