Political appointees overruled voting
rights lawyers
NY Times
Fixing the Game
Times Editorial
December 5, 2005
The rules of American democracy say every president may install his own team
of like-minded people in the government - even at a place like the Justice
Department, which is at its root a law-enforcement agency and not a campaign
branch office. But the Bush administration seems to be losing sight of the fact
that the rules also say the majority party of the moment may not use its powers
to strip citizens of their rights, politicize the judicial system or rig the
election process to keep itself in office.
There are sections of the Justice Department that are supposed to be
dedicated to enforcing the laws that protect the rights of all Americans, not
just Republican officeholders and the people who give them money. The Civil
Rights Division, for example, has enforced anti-discrimination laws, including
the sacred Voting Rights Act, since the 1960's, under more Republican
presidents than Democratic presidents.
But The Washington Post's Dan Eggen reported last week that the Justice
Department has been suppressing for nearly two years a 73-page memo in which
six lawyers and two analysts in the voting rights section, including the
group's chief lawyer, unanimously concluded that the Texas redistricting plan
of 2003 illegally diluted the votes of blacks and Hispanics in order to ensure
a Republican majority in the state's Congressional delegation. That plan was
shoved through the Texas State Legislature by Representative Tom DeLay, who
abused his federal position in doing so and is now facing criminal charges over
how money was raised to support the redistricting.
The Post said the lawyers charged with analyzing voting rights violations
were overruled by political appointees, and ordered not to discuss the case.
The Justice Department then approved the Texas plan, which had been under
review because the voting law requires states with a history of discriminatory
election practices to get electoral map changes approved in advance.
This outrageous case is only one way in which the Justice Department under
John Ashcroft and now Alberto Gonzales has abused its law-enforcement mandate
in the service of the Republican majority. Last month, the Post reported that
political appointees also overruled voting rights lawyers who rejected a
Georgia law requiring that voters without a picture ID buy one for $20 - at
offices that were set up in only 59 of the state's 159 counties. The Justice
Department falsely claimed that the decision to O.K. the law - which was little
more than a modern-day version of a poll tax aimed at reducing turnout among
poor minorities - was made with the concurrence of the career lawyers. A
federal court later struck down the law, properly.
And this was well after the appointment of Mr. Gonzales, who promised to
make civil rights enforcement one of his priorities when he moved to Justice
from the White House.
President Bush's attorneys general have systematically gutted the civil
rights division, driving out the career lawyers and shifting the division's
focus from civil rights enforcement to deportations, other immigration matters
and human smuggling. The Post said the administration has filed only three
lawsuits regarding discrimination in voting. All came this year, and the first
accused a majority-black district in Mississippi of discriminating against
white voters.
The administration's abuse of its narrow electoral majority extends to other
areas. Mr. DeLay's requirement that lobbying firms contribute only to
Republicans and hire his loyalists comes to mind.
Mr. Bush and his team don't understand that they merely hold the current
majority in a system designed to bring periodic changes in the governing party
and to protect the rights and values of the minority party. The idea that the
winners should trash the system to make sure the democratic process ended with
them was discredited back around the time of the Bolsheviks.
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