July 30, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 15 20209 shared copies of the complaint with several Fisher, law clerk. None of the four has made the appropriate action was to pursue the de- persons. She said, however, her organization themselves available for comment. fault judgment unless the department had was ‘‘not involved in the decision to dismiss Members of Congress continue to ask ques- evidence the court ruling was based on un- the civil complaint.’’ tions about the case. ethical conduct by the government. She said the National Association for the ‘‘If showing a weapon, making threatening She said the complaint was, aimed at pre- Advancement of Colored People has consist- statements and wearing paramilitary uni- venting the ‘‘para-military style intimida- ently argued that the department should forms in front of polling station doors does tion of voters’’ at polling places elsewhere bring more voter intimidation cases, adding not constitutes voter intimidation, at what and Justice could make a ‘‘reasonable argu- that it was ‘‘disconcerting’’ that it did not threshold of activity would these laws be en- ment in favor of default relief against all de- do so. forceable?’’ Mr. Wolf asked. fendants and probably should’’ She noted Mr. Perrelli, a prominent private practice Mr. Smith also complained that a July 13 that the complaint’s purpose was to ‘‘pre- attorney, served previously as a counsel to response by Assistant Attorney General Ron- vent the paramilitary style intimidation of Attorney General Janet Reno in the Clinton ald Welch to concerns the congressman had voters’’ while leaving open ‘‘ample oppor- administration and was an Obama supporter about the Philadelphia incident did not al- tunity for political expression.’’ who raised more than $500,000 for the Demo- leviate his concerns. An accompanying memo by Appellate Sec- crat candidate in the 2008 elections. He au- ‘‘The administration still has failed to ex- tion lawyer Marie K. McElderry said the thorized a delay to give department officials plain why it did not pursue an obvious case charges not only included bringing the weap- more time to decide what to do, said officials of voter intimidation. Refusal to address on to the polling place, but creating an in- familiar with the case but not authorized to these concerns only confirms politicization timidating atmosphere by the uniforms, the discuss it publicly. He eventually approved of the issue and does not reflect well on the military-type stance and the threatening the decision to drop charges against three of Justice Department,’’ Mr. Smith said. language used. She said the complaint ap- the four defendants, they said. Mr. Smith asked the department’s Office peared to be ‘‘sufficient to support’’ the in- At issue was what, if any, punishment to on Inspector General to investigate the mat- junctions sought by the career lawyers. seek against the New ter, and the request was referred to the de- ‘‘The government’s predominant interest for Self-Defense (NBPP) and three of its partment’s Office of Professional Responsi- . . . is preventing intimidation, threats and members accused in a Jan. 7 civil complaint bility. coercion against voters or persons urging or filed in U.S. District Court in Philadelphia. Lawmakers aren’t alone in the concerns. aiding persons to vote or attempt to vote,’’ The U.S. Commission on Civil Rights said Two NBPP members, wearing black berets, she said. in a June 16 letter to Justice that the deci- black combat boots, black dress shirts and The front-line lawyers, however, lost the sion to drop the case caused it ‘‘great confu- black jackets with military-style markings, argument and were ordered to drop the case. sion,’’ since the NBPP members were were charged in a civil complaint with in- Bartle Bull, a civil rights activist who also ‘‘caught on video blocking access to the timidating voters at a Philadelphia polling was a poll watcher in Philadelphia, said after polls, and physically threatening and ver- place, including brandishing a 2-foot-long the complaint was dropped, he called Mr. bally harassing voters during the Nov. 4, nightstick and issuing racial threats and ra- Adams to find out why. He said he was told 2008, general election.’’ cial insults. Authorities said a third NBPP the decision ‘‘came as a surprise to all of us’’ ‘‘Though it had basically won the case, the member ‘‘managed, directed and endorsed and that the career lawyers working on the [Civil Rights Division] took the unusual the behavior.’’ case feared that the failure to enforce the of voluntarily dismissing the charges None of the NBPP members responded to Voting Rights Act ‘‘would embolden other . . ., ‘‘the letter said. ‘‘The division’s public the charges or made any appearance in abuses in the future.’’ rationale would send the wrong message en- court. tirely—that attempts at f ‘‘Intimidation outside of a polling place is will be tolerated and will not be vigorously contrary to the democratic process,’’ said SPECIAL ORDERS prosecuted so long as the groups or individ- Grace Chung Becker, a Bush administration uals who engage in them fail to respond to The SPEAKER pro tempore (Mr. political appointee who was the acting as- the charges leveled against them’’ KISSELL). Under the Speaker’s an- sistant attorney general for civil rights at The dispute over the case and the reversal nounced policy of January 6, 2009, and the time the case was filed. ‘‘The Voting of career line attorneys highlights sensitivi- under a previous order of the House, Rights Act of 1965 was passed to protect the ties that have remained inside the depart- fundamental right to vote and the depart- the following Members will be recog- ment since Bush administration political ap- nized for 5 minutes each. ment takes allegations of voter intimidation pointees ignored or reversed their career seriously’’ counterparts on some issues and some U.S. f Mrs. Becker, now on a leave of absence attorneys were fired for what Congress con- HONORING BOB DEININGER from government work, said she personally cluded were political reasons. reviewed the NBPP complaint and approved Mr. Weich, in his letter to the congress- The SPEAKER pro tempore. Under a its filing in federal court. She said the com- man, sought to dispel any notion that poli- previous order of the House, the gen- plaint had been the subject of numerous re- tics was involved. He argued that the depart- tleman from Pennsylvania (Mr. SES- views and discussions with the career law- ment dropped charges against three of the TAK) is recognized for 5 minutes. yers, and she agreed with their assessment four defendants ‘‘because the facts and the Mr. SESTAK. Mr. Speaker, I rise to to file the case. law did not support pursuing’’ them. He said Mrs. Becker said Ms. King was overseeing honor a public servant, leader, son, the decision was made after a ‘‘careful and husband and father of the first order, other cases at the time and was not involved through review of the matter’’ by Ms. King. in the decision to file the original complaint. U.S. District Judge Stewart Dalzell in Mr. Robert Deininger, who on August 1, A Justice Department memo shows that Philadelphia entered default judgments 2009, will complete 40 years of faithful career lawyers in the case decided as early as against the NBPP members April 2 after or- and dedicated service to the U.S. Food Dec. 22 to seek a complaint against the dering them to plead or otherwise defend and Drug Administration, the FDA. NBPP; its chairman, Malik Zulu Shabazz, a themselves. They refused to appear in court Following his 1965 graduation from lawyer and D.C. resident; Minister King or file motions in answer to the govern- Upper Darby High School, Bob excelled Samir Shabazz, a resident of Philadelphia ment’s complaint. Two weeks later, the at Grove City College, Grove City, and head of the Philadelphia NBPP chapter judge ordered the Justice Department to file who was accused of wielding the nightstick; Pennsylvania, graduating in 1969 with its motions for default judgments by May 1— a bachelor of science degree in biology. and Jerry Jackson, a resident of Philadel- a ruling that showed the government had phia and a NBPP member. won its case. He was quickly hired by the FDA as an ‘‘We believe the deployment of uniformed The men also have not returned calls from investigator in the Philadelphia dis- members of a well known group with an ex- The Times seeking comment. trict office. tremely hostile racial agenda, combined On May 1, Justice sought an extension of In 1977 Bob was selected to be a su- with the brandishing of a weapon at the en- time and during the tumultuous two weeks pervisor of the New Jersey District in trance to a polling place, constitutes a viola- that followed the career front-line lawyers Trenton, New Jersey. He later moved tion of Section 11(b) of the Voting Rights tried to persuade their bosses to proceed to Camden, New Jersey, where he su- Act which prohibits types of intimidation, with the case. threats and coercion,’’ the memo said. The matter was even referred to the Appel- pervised 10 investigators and covered The memo, sent to Mrs. Becker, was signed late Division for a second opinion, an un- southern New Jersey. by Christopher Coates, chief of the Voting usual event for a case that hadn’t even b 1830 Section Robert Popper, deputy chief of the reached the appeals process. section; J. Christian Adams, trial attorney Appellate Chief Diana K. Flynn said in a During 13 years in this position, he and lead lawyer in the case; and Spencer, R May 13 memo obtained by The Times that and his team were involved in many

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