No Proof in New Black Panther Case: Official

(CBS)  A Bush appointee to the U.S. Commission on Civil Rights denounced allegations by some pundits that the Justice Department is refusing to pursue a voting rights case against members of the New Black Panther Party because of race, and suggested that the charges being made by right-wing figures are politically motivated.

Conservative broadcasters and websites have claimed that the Obama administration is dropping prosecution of New Black Panther activists who were videotaped outside a Philadelphia polling station on Election Day 2008, making intimidating remarks; one man was carrying a nightstick.

Earlier this month former Justice Department lawyer and Republican activist J. Christian Adams testified to the commission that senior officials in the department are not applying voting rights laws in a race-neutral way, by refusing to press charges against African Americans on these issues.

A recent Media Matters investigation has debunked charges that the Obama administration withdrew criminal charges against the Panthers (in fact, the Bush administration decided not to pursue criminal charges, with Assistant Attorney General Thomas Perez testifying that the Bush Justice Department "determined that the facts did not constitute a prosecutable violation of the criminal statutes"; a civil lawsuit was filed in the last days of the Bush administration, and a judgment won by the Obama Justice Department in May 2009).

Media Matters also found no evidence that any voters in the predominantly-black voting district had been prevented from voting.

Appearing on CBS' "Face the Nation" Sunday, the commission's vice chair, Abigail Thernstrom, said, "We have no direct evidence that [the NBP activists] actually intimidated anybody, stopped them from voting."

Thernstrom even characterized the case, in a recent column published by the National Review, as "small potatoes."

Of Adams' charges that DOJ is discriminatory in prosecution, Thernstrom said, "We certainly have no direct evidence that anybody in the Justice Department said 'We're not going to prosecute this case because we have racial double standards: We protect blacks, we don't protect whites.'

"I think the evidence is extremely weak," Thernstrom told anchor Bob Schieffer. "If the Justice Department chooses - and I would be delighted if it did so - to send to us, for instance, somebody who is at that alleged brown bag meeting in which [Deputy Assistant Attorney General] Julie Fernandez said, 'We don't prosecute cases [against] blacks …' fine. I'm an evidence girl, really. I want evidence."

Wall Street Journal columnist John Fund, also appearing on "Face the Nation," argued that not all the facts are known, "because the Justice Department is stonewalling subpoenas issued by the U.S. Commission on Civil Rights.

"Two African-American poll watchers testified they were intimidated," said Fund. "We saw testimony that the voters said they turned around and said they would came back; we don't know if they ever came back."

Fund said there was a pattern of "consistent politicization" in the Justice Department, listing examples of Voting Rights Act decisions in the South.

"North Carolina is predominantly African-American," Fund said, "and voted to have non-partisan elections. The Justice Department said you can't do that. You have to continue to give black voters the cue of Democrat versus Republican so they'll know who to vote for.

"Georgia wanted to take Social Security data and verify the U.S. citizenship of people who were registering to vote; the Justice Department said you couldn't do that.

"I think the Justice Department is clearly stonewalling these subpoenas because they have something to hide. Do I know exactly what they're hiding? I don't."

Washington Post columnist Michael Gerson said this and another racially tinged case, the media flap about Shirley Sherrod and Andrew Breitbart, are indicative of a deeper societal problem:

"I think we're in a moment where you have people on the left and on the right that want to take political polarization and turn it into racial polarization for their own purposes, to get Internet hits or to get supporters or other things," Gerson said. "That's a very, very disturbing trend. So you have it with the New Black Panther case, in my view, where you take an incident and try to turn it into a narrative when it really doesn't justify that."

He called the misuse of racial issues in the media is damaging in a lot of ways: "These wounds are very close to the surface in America. When people take these issues and attempt to use them for political reasons, when they feed rage, they're doing something very, very dangerous. I think, you know, historically it's a real problem."

Thernstrom went further: In a recent interview with Politico, she said that conservative members of the commission had a political aim - to use the New Black Panthers issue to "topple" the Obama administration.

"My fellow conservatives on the commission had this wild notion they could bring [Attorney General] Eric Holder down and really damage the president," Thernstrom told Politico.

[actornaught]

Lots of "shoot the messenger" posts from the neo-conned, nevermind the facts.

Nothing new there.

[book_of_wally]

What wacky accusations will right wingers dream up next?

[ExNav]

Lets see, two DOJ lawyers (officers of the court), testified that they had a legitimate case of voter intimidation by the new black panther orginization, and were told by political appointee's in the DOJ not to prosecute. They testified at some risk to their own employment. Why should we not believe them??? One has been given Federal Whistle-blower protection status. those are the facts.

[neur0mancer]

WOW. CBS quoting "A recent Media Matters investigation" is like David Duke quoting "A recent KKK investigation".

Hint: Neither is a reliable news source.

So, according to Media Matters no voters were intimidated by two tall black men standing outside the polling place wearing black leather outfits, military style berets, brandishing a billy club, and saying things like "Now you crackers are going to know what it's like to be under black rule!" were they?

What a joke.

The article also omits the fact that the Justice department had default judgments against three men (one was the leader of the New Black Panthers group) because these fine examples of humanity didn't bother to show up for their trial. The article omits the fact that the all that was left was determining the punishment and that they dropped the case except for a minor infraction against the guy with the billy club.

[wfw3536]

It is so sad that Obama only follows the law when it is certain folks he likes. An attorney who recently quit the US Attorney Generals office said they were told not to go after certain groups of people. It is a shame Obama has taken our country down to a new low.

[Quantrill13]

Wow! I'm always proud to say that Mr. Obama is our very first Muslim Marxist President. Ya, sure!

[TelSMom]

Explain to me why when the charge of racism goes against the liberals it is a terrible thing that needs to be stopped, but all the unfounded charges of racism against conservatives who are only disagreeing with the current admins political views has been just fine. Sorry, if you are going to yell about how racism shouldn't be used in a political way and ignore the ones doing most of it, it is hollow.

[Quantrill13]

Obamarammadingdong should be inpeached.......NOW!

[actornaught]

Why? Because the Bush Administration refused to prosecute the fake panthers?

[Vet_Turner]

So let's get this staight. Two black guys claiming to be be Black Panthers are standing outside a polling station, at a hihgly predominately black polling place, who didn't support Obama (called him white man's black man or something), these two guys were acting stupid but not illegally, and they want this to be a criminal federal case? And they actually beleive that Obama and Holder are going to put their reputations on the line for these two guys? Is really that much hate out there for this President?

[MPHgrad]

exactly.

[troopf4]

You might want to read the handbook "Voting" that spells out the law in regards to being within 100 feet of a polling site and intimidating voters - it's a federal offense , then again it's against federal law for anyone, regardless of race, to be in this country illegally. This administration and their backers pick and choose which laws to enforce,that simple.
Robbing banks fall under Federal law - next Obama and Co. will say it's racist to physically describe the robber.. God, what has happened to this country and those we elected.
It's not hate for Obama, it's the lack of him and the majority doing the jobs they were elected to do, instead they pander for votes while not enforcing the laws that are on the books. If I refused to do my job I would be fired. That needs to apply to everyone in
Washington, starting with Obama. I'm an Independent and I'm fed up with the racist crap and saying Obama is hated by everyone that doesn't go along with his agenda.
By the way, the guys just outside the polling site doors were acting Illegally - do your homework before you sound off.
For your info: Only US born citizens and US Naturalized citizens aka former Legal Aliens are eligible to vote, not Legal Aliens or Illegally Aliens but you can be sure the fraud rate at the polls is thru the roof. When I voted in our state primary in May I had to ask the woman working at the poll IF she was going to ask me for ID prior to me voting since she had already directed me to the booth and was walking away...She did ask me after I questioned her..

[Quantrill13]

This is about as goofy as they come! No proof? Wonder what it would have been like if this were the KKK? The blacks would have linked it to the man in the White House come hexx or high water!

[heavynne]

And if the blacks had, so what? You people would have been on the KKKs side, blacks have suffered and still suffer discrimination daily. And when a case is brought to justice, whites claim there is no discrimination, like they would know. Whites are the least likely candidates for discrimination in the US, they are the ones who have been protected throughout the history of this country. Nobody calls for all of the white racist groups to be shut down. What some whites in this country are saying is it's okay to discriminate, just not against us.

[fantumx]

It is becoming clear that OBAMA IS A MUSLIM DEDICATED TO REBUILDING AMERICA UNDER SOCIALISM and with deference to Muslim Law. In order to do this he must cause the collapse of our current government, family-values and freedoms.

OBAMA IS ALLOWING THE BORDER INVASION TO CONTINUE POURING DRUGS, CRIMINALS, MEXICAN GANGS AND MILLIONS OF FREELOADERS INTO AMERICAN SOCIETY.

What better way to bring America down that to bow to Islam, abandon our allies, ignore our security, degrade our military, increase racial tensions and place huge, unsustainable debit on the American taxpayers.

[Vet_Turner]

are you for real fantumx. Come on man. Really. This is beyond discourse. I hope you don't believe that. I know Glenn Beck talks in those rants but you can't really that the President of the United States is a true socialist. First. The guy is a self made millionaire by writing books.
And if he was a Muslim, which he is not, who cares. Even John McCain during the campaign has to answer to that after Palin and others were going around saying he was going to try to destroy the country from within. Come on fantumx...time to move on and start thinking for your self again.

[Quantrill13]

You are so right! "rafterman1" has a loose "rafter" some place in his head. He is the idiot. Obama has the people with low IQ's fooled with his smooth talk and crooked smile!