Vote at your own risk? DOJ Dismisses Charges Against Black Panthers

 

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This past Presidential Election, uniformed, baton swinging thugs were caught on video intimidating voters at a polling place in Philadelphia while hurling racial threats and insults at both black and white voters (see here, here). After investigating the incident, and before the change in Administrations, the Civil Rights Division of DOJ filed a complaint against the New Black Panther Party and several of its members for violations of Section 11(b) of the Voting Rights Act.  That Section prohibits any “attempt to intimidate, threaten, or coerce” any voter and those aiding voters.

Neither the New Black Panther Party nor its members responded to the complaint.  As a result, the federal district court ordered the Division to file a motion for a default judgment against the Party and its members.  When a defendant doesn’t respond to a lawsuit, this is what happens.  By this time, however, the new Administration had taken charge.  Instead of filing for a default judgment against the Party and its members, the Division VOLUNTARILY moved to dismiss the charges against the Black Panther Party and two of its members. 

In other words, the Division voluntarily dismissed an uncontentested lawsuit against an individual who, by the terms of its own complaint, had “made statements containing racial threats and racial insults at both black and white individuals” and who “made menacing and intimidating gestures, statements, and movements directed at individuals who were present to aid voters.” One member, Jerry Jackson, is an elected member of the Philadelphia Democratic Committee and was a credentialed poll watcher. (See Jackson in an interview with FoxNews here).

The Division sought relief only against one member who carried and waived a baton on election day, and sought only to enjoin him from “displaying a weapon within 100 feet of any open polling loaction” in Philadelphia.  Nothing about ”statements containing racial threats and racial insults” or  ”menacing and intimidating gestures, statements, and movements directed at individuals who were present to aid voters.” 

These actions raise a number of troubling questions.  For example, why did the Civil Rights Division voluntarily dismiss a lawsuit that they had effectively already won, against defendants who were physically threatening voters?  Is the Division concerned that this dismissal will encourage the New Black Panther Party, or other groups, to intimidate voters?  Why did the Division seek such limited relief against a defendant who was actually carrying and brandishing a weapon at a polling station on election day?

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cross posted at www.electionjournal.org

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Comments

Who woulda guessed

Should be good incentive for the NBP to behave better at the next election.

http://www.youtube.com/watch?v=638L2sVUGOY

 

nice pictures

asdf

Meh...

What a buncha posers - lol. Almost as bad as the "Palestinian Olympics" @ LGF.

Much ado

..about not much.

If I recall this incident correctly, these bozos were later found to be acting on their own "mission" without authorization or coordination, and they were both kinda unstable.

They also left the premises when challenged.

In spite of the inflammatory, incendiary, and irresponsible accusations and images you are levelling here, I believe the DOJ is correct here, as it is in not pursuing additional charges against a GOP operative who jammed the New Hampshire Democratic Party's phone banks on Election Day on behalf of the national GOP.

Next, I'm sure you will be issuing some kind of call to arms in regard to ACORN.  Of course, thepolitical end is to arouse and motivate the base to keep writing those checks, isn't it?

only the guy wielding the baton left.

and they weren't harrassing anyone. Some people showed up in gear that they probably thought "helped make them look official" (any uniform does that, even a band uniform). Swinging batons? that's a bit much... but not worth us making a federal case out of it (that costs BIG MONEY).

The other guy was SUPPOSED to be there. You might question why someone with such a colorful background was picked to be a poll observer -- He Volunteered! In urban Philadelphia. Where I know there's more than a few folks who used to be in the Black Panthers (guy probably thought he might recruit some people with his cool uniform... oy vai!).

FOX News interviews the

FOX News interviews the alleged intimidator.  The FOX News team was also asked to leave by Police.

http://www.youtube.com/watch?v=oq9ElUJ3QV4&NR=1

 

So there should be no consequences?

Can't agree with that.

BTW, IIRC those NH operatives were convicted of felonies & served time in prison. “Republicans do it, too” doesn’t change the fact that these guys broke the law.

Facts are in dispute

Election Journal, and the "Student from Penn" (was that you, Mike Roman??) were used extensively by the GOP and FOX to combat Democratic Party allegations of voter intimidation in many places last November.  It was used like a pre-emptive strike, and will probably be repeated next National Election.

But other people on the scene, and indeed the video itself, places the "facts" in this post in question:

http://tpmelectioncentral.talkingpointsmemo.com/2008/11/obama_volunteer_...

 

Obama Volunteer On Scene Disputes Fox News' Suggestions That Black Panthers Are Intimidating Voters By Greg Sargent - November 4, 2008, 3:04PM

Fox News and other conservatives on the Web are pushing hard on the story that two black panthers may be intimidating voters at a polling place in north Philadelphia.

But an Obama campaign volunteer who's been on the scene since 6:30 AM this morning tells me in a phone interview that there's been absolutely no intimidation of voters at all today. And a Pennsylvania spokesperson for Obama said the two men aren't in any way affiliated with the campaign.

Fox News' story is right here. It says one of two black panthers on the scene was "allegedly blocking the door," says another was "holding a nightstick." and adds that "the concern was that they were intimidating people who were trying to go inside to vote."

But Jacqueline Dischell, the Obama volunteer, tells me by phone that that's false.

Dischell confirms that there were in fact two black panthers guarding the polling place, a nursing home on Fairmont Avenue in north Philadelphia, earlier this morning.

But she says one was an officially designated poll watcher (it was not immediately clear which municipal office had designated him in that role), and the second was his friend. The second panther, who left two or three hours ago, was the one with the nightstick, she says.

Dischell says that earlier this morning a few men who identified themselves as being from the McCain campaign came and started taking pictures of the two panthers on their cell phones. She suggested that they seemed to be baiting the panthers, and that the designated watcher may have given one of them the finger in response to the picture taking.

The police came roughly an hour and a half later. She says she talked to the cops and told them there had been no incident. The police drove away without getting out of the car, she adds.

Some time later, a second, larger group of men whose affiliation couldn't be determined came with real cameras and started taking more pictures. Maybe 15 minutes later the cops returned. This time, they spoke to people on both sides, and told the panther not designated to watch the polls to leave, which he did without an argument.

"There was no fight, nothing," she says.

Fox News arrived on the scene at around that time and started interviewing people near the entrance. The building manager asked the Fox reporter to leave, she says, and he moved further from the entrance.

That's where things now stand. "There has been no fighting, no voter intimidation at all," she said..."

voter fraud/harrassment is a big deal.

there are NO consequences for the Minutemen who routinely harrass people in Arizona and New Mexico.... least, no Legal Consequences.

Mostly because they can't be tied to anything.

I suggest you send a Sternly Worded Letter to the new black panthers, explaining how much you disagree with them using the polling place as a hangout.

P.S. this is urban Philly. Do you know the Killadelphia murder rate for this year? Enough fools get killed by the cops for nothing at all (as documented in numerous reports on http://field-negro.blogspot.com/).

If it had been a white man, waving a noose...

If it had been a white man, waving a noose, would that have mattered more? I am so sick of this reverse racism being accepted.

Debra J.M. Smith of Informing Christians

How different is this than the Nation of Islam thugs?

During the Kwame Kilpatrick "Mayor-with-a-taste-for-staffers" affair, once the Mayor announced that the white suburbs were "ought to lynch another nigger" by pursuing criminal and civil actions against the corrupt Detroit mayor, the Nation of Islam thugs and bodyguards started accompanying the Mayor to and from high visibility court dates and press conferences... even after the guy was tried, found guilty and sentenced... right up to the moment the Mayor left jail, disgraced, got his corrupt butt on a private jet and flew to Texas and his new multimillion dollar mansion in da 'burbs.

These guys are no less intimidating than the Nation of Islam thugs.  No less intimidating than the ACORN frauders and vote tampering corps.  No less intimidating than your garden variety group of black punks walking down the street at 3AM with lead pipes at their sides.

Violence and intimidation are part of the black culture in America.  They call it self-preservation.

Expand memberip

Are these guys new NRA members proudly exercising their 2nd rights? Le Pierre could start expanding his base.

Sad that so many accept this by accusing Republicans, or others.

This issue is about the current DOJ, the Obama one.  Not Republicans, not other groups.  Why so much diversion away from the real issue here. 

One of those that signed an affadavit against the three was a civil rights activist from the '60s who worked with Robert Kennedy on his campaign.  He said it was the most blatant violation he had ever seen. 

Hard to believe that Obama's person there tried to brush it off, even worse that the DOJ brushes it off now. 

The DOJ's explaination or the supposed justifications does not sound convincing.  The Democrat party needs to uphold their values as they often accused the Republican party of failing to do.

 

 

 

 

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