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Andy McCarthy has an absolute tour de force at NRO today about the New Black Panther voter-intimidation case. I preface this by saying that I am a huge fan of Abigail Thernstrom, an admirer of her life's work, her mind, and her principles. But on the Black Panther case, I think she badly misses the boat, for whatever reason. McCarthy's piece is a devastating rebuttal to her arguments, and I applaud every one of his substantive points while taking no joy, and indeed some discomfort, in the fact that it is Thernstrom whose reasoning he is taking apart.

That said, if one forgets that it is Thernstrom at issue and just take McCarthy's logic and marshalling of facts on their own, the weight of his case is impressive indeed. McCarthy writes:

How can a prominent commissioner, having thundered about the Justice Department's "moral obligation to prevent voting-rights violations," complain about a purported lack of evidence when the Justice Department has been stonewalling the Commission for over a year? Indeed, that stonewalling was the reason for Thernstrom's letter to King last June. The only differences between then and now are (a) the stonewalling has gone on for another 13 months, in contempt of subpoenas and requests for cooperation withthe Commission 's lawful mandate; (b) the public record of the Department's abdicating its "moral obligation" in the Panthers case is now overwhelming; (c) more significantly, there is growing evidence that the Panthers case is just a symptom of the ObamaJustice Department 's systematic racism in the enforcement of the civil-rights laws; and (d) this systematic abuse gravely imperils the integrity of upcoming federal elections.

That's not all. McCarthy explains the broader context:

In July 2009, Julie Fernandes, the deputy assistant attorney general (the second-ranking lawyer in DOJ's Civil Division), told her subordinates, "We have no interest in enforcing this provision of the law. It has nothing to do with increasing turnout, and we are just not going to do it." Is the "disgruntled" Adams lying? You be the judge. Adams reports that Fernandes's jaw-dropping pronouncement was made in front of a room full of people, including Voting Rights Section lawyers. Yet, the Obama administration is refusing to allow those lawyers to testify before the Commission. Further, as I have previously recounted (in this "Broadside" pamphlet for Encounter Books), and as von Spakovsky has explained here at NRO, the Bush Justice Department filed an action against the state of Missouri to enforce compliance with Section 8. But, as it did with the Panthers case, the Obama Justice Department quietly dismissed the suit.

This is a hugely important issue. We at the Washington Times have written 32 editorials, several path-breaking news stories by Jerry Seper, and numerous blogs on it. At every step of the way, Jennifer Rubin has done absolutely wonderful reporting at Contentions and at The Weekly Standard. Michelle Malkin has been on the case from the beginning, very effectively. (Until last week, I thought we at the WashTimes were the first to report DoJ's dismissal of the case, but following web links last week I found out that Malkin beat us by a day.) Hans von Spakovsky at NRO has been an ace. Numerous radio hosts have been good on it all along, perhaps none more than Mark Levin. Congressmen Frank Wolf and Lamar Smith have been bulldogs on it, as has been the U.S. Commission on Civil Rights. But until whistleblowing attorney J. Christian Adams resigned in protest and did interviews with Megyn Kelly at Fox News, the establishment media utterly ignored it. Well, no longer. And the ramifications of it are only growing.

View all comments (18) | Leave a comment

Tim*| 7.20.10 @ 10:39PM

Obama is a black malcontent with an ax to grind and his Administration is playing out Obama's black agenda .

This misfit is unfit to serve and needs to be made to stand down .

ggoblue| 7.21.10 @ 7:33AM

this administration is a mirror of detroit.

government by racist thugs.

104 days till we throw cuffs on em.

iPhone 4G 4th Case| 7.21.10 @ 2:46AM

This misfit is unfit to serve and needs to be made to stand down .

martin j smith| 7.21.10 @ 7:58AM

This case must be constantly plastered all over the alternative media. Forget the MSM--useless and hopeless--and in the tank don't you know. You know when something is repeated often enough, it will sink in eventually and it will be harder to ignore.
problem is there are too many juicy stories. But there is an election coming up in November so this one is timely and useful

Nate| 7.21.10 @ 9:12AM

Mr. Hillyer --

Couldn't you guys have at least mentioned that Shirley Sherrod was unfairly forced out of her job by doctored video tape before resuming the usual daily race-baiting?

Thomas| 7.21.10 @ 9:52AM

Nate,

One has nothing to do with the other. However, the Sherrod tape was not "doctored" it was edited. There is a difference. Sherrod said what she said in the venue portrayed. If it was taken out of a context that would render it harmless, or even put a positive spin on it, then the unedited video should show that clearly. But. it was the Obama administration which forced her out, not Brietbart or Fox News.

The reaction to the Panther Case, the Sherrod incident and the stealth immigration policy of the Federal government are not about race, but about fairness and the rule of law. The citizens of this country have been fighting for 150 years to establish a color-blind society, where the color of a person's skin has no bearing on how that person is treated. Where all are treated equally under the law. The supporters of President Obama promised a post racial America, after his election, where racial preference would be a thing of the past and racism merely an unpleasant memory. Instead, race has become a dominant issue for this administration. And not in a positive way.

Nate| 7.21.10 @ 1:34PM

White racists on the political RIGHT have made the issue of race dominant. Fox News is one of the chief malefactors. They engage in relentless race-baiting, and the issue of the New Black Panthers is just the most recent example.

Warrior| 7.21.10 @ 2:18PM

You are a moron. Liberals shouting racist/racism has lost its effect, you will have to try a new way to shout fire in the theater. The purest forms of racism come from the black community and the need of the left to keep black people subjugated. Try again or do us all a favor and keep your imbecillic prattle reserved for blogs that have intelligence equal to your public grade school education.

Conservative Lurker| 7.21.10 @ 11:32AM

Nate,

Scoot over to AT and learn why she was thrown under the Obummer bus so quickly.

See the following article titled:
Forty Acres & a Mule -- Sherrod Style?

Nate| 7.21.10 @ 11:48AM

The art of journalism demands a sense of proportion. There are 300 million people in the United States and plenty of stories to tell.

The New Black Panther party is a very minor phenomenon not remotely comparable to its original.

Now it seems that back in 2008 two black men loosely affiliated with this minor political organization (the NBP) were engaged in what looks like criminal activity.

Voter intimidation is a serious matter, and these two men seem engaged in it, although you would never know from Fox that they were in a precinct that voted 95% for Obama.

Be that as it may, this story merited some coverage, and when the Justice Department got involved, it merited even more coverage.

But Fox and other conservative outlets have blown it out way out of proportion. There are news programs on Fox that gave more time to this story than to the BP oil spill, the worst ecological disaster in American history.

I don't doubt that there are legitimate journalistic motives for giving this story some attention.

But I think it's pretty clear what's going on when the coverage starts to become one of the dominant stories on Fox.

Why not do a story on the hundreds of black people who register and encourage voters of all kinds? You will reply, We've heard of no such people. Precisely! All you've seen are these two jackasses dressed up in costumes! And I fear it's all you WANT to see.

Nate| 7.21.10 @ 12:46PM

I advise you to listen to the tape from CNN in which Mrs. Spooner, the wife of the white farmer Sherrod supposedly discriminated against, acknowledges that Sherrod saved her farm.

I also ask that you keep in mind that Fox LIED when it many times claimed Sherrod had been a federal employee when she supposedly discriminated against Mr. Spooner.

This is NOT the case. She was working in the private sector at the time and was under no obligation to help Mr. Spooner.

Another reason you might want to look at actual news coverage is you might learn that Mrs. Sherrod helped Mr. Spooner and many other white people.

She told the story in March to the approving NAACP audience to illustrate that poor people were poor people, despite their skin color, and to insist that we have a moral duty to help the poor no matter what the color of their skin.

The fact that Fox, and other conservative news outlets, were able to turn this into a case of reverse racism just shows how vile, how committed to cruelty and oppression, and how deeply dishonorable many on the right are when it comes to issues of race -- and how completely unbelievable are their loud cries that they hope for a "color blind society."

Warrior| 7.21.10 @ 2:26PM

More stupidity. There is no such thing as reverse racism. That is another public school code word to try and limit the discussion when "minorities" discriminate.

You again miss the point that Ms. Sherrod was dismissed by a ideological liberal who was appointed by the president. Instead of attempting to make points on this blog, you may want to go back and make another attempt at your GED.

Nate| 7.21.10 @ 4:16PM

For you and most other reactionaries on the right, the ONLY form of racism that exists in the United States is in the "black community."

This is a transparent ploy to neutralize true claims of racism and inoculate yourself against the charge of racism. At best you hope for average people to shrug off the whole matter, having been deceived into believing that "both sides" do it.

In fact, there is a historical record for anyone with the balls to face it, and the record is clear: racism in the U.S. is white supremacist and its object is to oppress and exploit black people.

This may be uncomfortable for you to hear, but it's the truth. Be a man and face it.

Ken (Old Texican)| 7.21.10 @ 1:01PM

Nate

Your BS won't fly among honorable adults.

You are now firmly in our scroll-wheel category.
Bye

Nate| 7.21.10 @ 2:08PM

I report; you decide.

Oldefarte| 7.21.10 @ 1:08PM

I continue to be simply amazed at the surprise/amazement of some concerning this issue, and I don't think that it began with the current administration. Going back to the FBI/government enforcement of civil rights laws during the 1960 forward, there has always been a extremely liberal/progressive aspect to the D of J's activities. Recall that it was [RIGHTFULLY] the federal government against the states of Mississippi, Alabama, Arkansas,etc in those issues, and today's Justice Department is no doubt just a hyper-extension, liberal ramping up of same. I suspect that in all federal governmental departments [not just Justice] there is a liberal bias that exists among their employees [and not just their federal appointed leaderships]. Justice's belief that civil rights laws/enforcement should only apply to white-on-black crime is not shocking to me [and should not be to most everyone else who diligently follows political news]. This liberal thought process can be traced back to say black liberation ministers/preachers who believe that slavery necessitates governmental reparations from [non-slave descendent] everyone else. Correspondingly, since they believe that governmental/political leadership of this country should rightfully be only controlled by them, the current D of J's non-enforcement of this New Black Party case is proper since it involves black on white crime!!!!!!!!!!!!!!!!

Stan Redmond| 7.21.10 @ 2:18PM

There is no better way for Obama to keep America deviden then to keep anger between whites and blacks. Keep everyone screaming "racism" and no one will notice the economy and our very lives falling in to state control.

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More Blog Posts by Quin Hillyer

http://spectator.org/blog/2010/07/20/brilliant-panther-exposition
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