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DoJ Finds "Unwritten Exception" for Pre-Election Voter Fraud Indictments
Charlie Savage of The Boston Globe has a nice rundown this morning on Bradley Schlozman's role in the overall U.S. attorney firings' scandal.
We knew that when Schlozman was second in command of the Justice Department's Civil Rights Division ('03-'06), he made a practice of hiring strong conservatives. As I reported a couple of weeks ago, a former attorney in the division says that Schlozman asked him whether a potential applicant was a Republican before considering interviewing him. And Savage comes up with numbers to demonstrate Schlozman's politicization of the Division's voting rights section:
Under Schlozman, the profile of the career attorneys hired by the section underwent a dramatic transformation.Half of the 14 career lawyers hired under Schlozman were members of the conservative Federalist Society or the Republican National Lawyers Association, up from none among the eight career hires in the previous two years, according to a review of resumes. The average US News & World Report ranking of the law school attended by new career lawyers plunged from 15 to 65.
(Bob Kengle, the former deputy chief of the voting section, gave TPM readers an in-depth account of what life was like in the section this past week.)
And of course no piece on Schlozman would be complete without a mention of his precious ACORN indictments when he was the U.S. Attorney for Kansas City. Schlozman, you'll remember, rushed the indictments of four ACORN voter registration workers to land five days before the 2006 election.
The Justice Department is still desperately trying to portray the indictments as uncontroversial. As I reported Friday, the Justice Department's election crimes manual is crystal clear: "most, if not all, investigation of an alleged election crime must await the end of the election to which the allegation relates." And that's investigations -- an indictment, obviously, would be an even greater departure from policy.
But here's what the Justice Department told Savage:
The department said Schlozman's office got permission from headquarters for the election-eve indictments. It added that the department interprets the policy as having an unwritten exception for voter registration fraud, because investigators need not interview voters for such cases.
An "unwritten exception." How nice.
Because Schlozman didn't have FBI agents interrogating voters, his indictments had no possible chilling effect, apparently.
Just consider: On November 2, 2006, the indictments were widely reported, many of them featuring a quote from Schlozman that "this national investigation is very much ongoing." That same day, Schlozman released a statement that his office would have a prosecutor on duty on Election Day, ready to pounce at allegations of voter fraud. This was in a climate of trumped-up hysteria about ACORN's efforts to register poor voters both in Kansas City and in St. Louis, where Republicans were charging that tens of thousands of voter registration forms were "questionable."
Schlozman, in other words, knew just what he was doing. And now the Justice Department is inventing "unwritten exceptions" to its policies to cover for him.
Note: You can see TPMmuckraker's past reporting on Schlozman (from his reign of terror at the Civil Rights Division to his triumphant return to Washington) here.

Comments (139)
BluestateRedhead wrote on May 6, 2007 11:42 AM:You write: "As I reported a couple of weeks ago, a former attorney in the division says that Schlozman asked him whether a potential applicant was a Republican before considering interviewing him. "
Michael wrote on May 6, 2007 12:00 PM:This would be a Hatch Act Violation.
Savage also says that the Democratic Sen. from MO is asking that Scholzman testify before the SJC. Can someone better informed about the law than I comment on what that promises for him?
security code: jump. Curiously, that's what he may be doing soon.
Jim Crow is alive and well. I wonder if you polled people all over the world, whether "racism" would be one of the top ten words they would use to describe America. I also wonder where "democracy", "money", "war" and "terrorism" would end up in that list.
Sally wrote on May 6, 2007 12:02 PM:"Unwritten exception": The DOJ certainly has a way with words. Right up there with a binder not being a file.
foolme1ns wrote on May 6, 2007 12:06 PM:An "UNWRITTEN EXCEPTION"??????? There are no "UNWRITTEN EXCEPTIONS" in the law!!!! If it isn't written down, there is no law and can be no exception.
These guys are really just pulling stuff out of their butts now.
bcg wrote on May 6, 2007 12:07 PM:If there's an "unwritten rule," which much exist in the department's culture, presumably this case would have antecedents. Thus, it should be possible to test this rule's existence by checking whether or not the DoJ brought these cases on the eve of election's in the past. If there's are cases in which this happened, then the department would be justified. If there are cases where it could have happened but didn't (and the attorney's who could have brought them are still around to testify that they deferred to department policy), it'll look like a strong case of their lying, with whatever legal penalties that might entail.
TheraP wrote on May 6, 2007 12:09 PM:Of course, the Bushies could then argue that they'd made the change in the rule; but, that would open the question of who changed the rule, when and why they took such an action when it so clearly corrupts the electoral process. Why, then, would they want to open such a can of worms to cover Schlozman's ass?
Does "unwritten rule" simply mean secret directive?
jeffgee wrote on May 6, 2007 12:13 PM:(possibly backdated as well?)
(maybe in an email that is now deleted?)
All of the Bush years have been about "unwritten exceptions". Signing statements, recess appointments, spying without warrants, Guantanamo, Iraq. With more to come if they can get away with it.
nellieh wrote on May 6, 2007 12:15 PM:This is what the holy rollers do to a government. They are criminals in "the Name of the Lord!" They dumb down the DOJ so the diploma mill lawyers don't know the law and they can tell them it's ok to do anything. Goodling? It is probably impossible to put all the resources together necessary to put these ignorant MFers in jail. Jeaus Christ they are supposed to be UPHOLDING the law not breaking it or using it for political reasons. How low can these bastards go? This is DNA for Rove's personality.Code word attack! Thats what the Congressional Judicial committees must do.
United, I stand alone against collectivism wrote on May 6, 2007 12:17 PM:I think we're officially seeing the snowball effect, ladies and gentleman. Let's start calling it that everywhere. Snowballing Corruption Underpinnings of Ruling Republican Yearnings, or SCURRY, heh heh, or something like that. This is why I have a day job, folks. A night one too. I'm sure many of us have been waiting years for the one story that would begin this process. Several times I thought I saw it, saw some story begin to gain some traction, only to be disappointed. Lately, I've had the feeling that it's finally happening. The big IT. The long awaited swandive towards justice of a recurving moral universe is finally happening. I can feel it. And really, it was just a bunch of little stories delivered in rapid succession that started, oh, sometime back in November 06, I believe. GOD bless the snowball! Long may it roll.
Security code: Ismellthesmellysmellofsomethingthatsmellssmelly
Mrs Panstreppon wrote on May 6, 2007 12:18 PM:In your previous post about Schlozman (link below), I made several comments about the American Center For Voting Rights (AC4VR) and the associated American Center For Voting Rights Fund (AC4VRF). The AC4VR and the AC4VRF are GOP fronts set up to bolster GOP claims about rampant voter fraud.
I strongly recommend that the SJC and HJC request information from Schlozman as to the extent of his contact with both organizations in 2005 and 2006.
Mark F. (Thor) Hearne, II is General Counsel and the public face of AC4VR.
From his AC4VR bio:
"Mark F. (Thor) Hearne, II is a member and principal of the Lathrop & Gage law firm and serves on the firm's government relations committee. Hearne is General Counsel to the American Center for Voting Rights (ACVR) and serves as a member of the organization's Board of Directors.
Prior to joining ACVR, Hearne served as National Election Counsel to Bush-Cheney '04 and Missouri counsel to Bush-Cheney '00. Hearne has also served as General Counsel to Missouri Governor Blunt, and was appointed by then Secretary of State Blunt as an advisor for the implementation of the Help America Vote Act (HAVA)..."
If the SJC and HJC look hard enough, they will find that Schlozman's appointment as Interim USA-WDMO was a set up. Schlozman was sent to Missouri at the end of March 2006 to disrupt the 2006 elections.
DavidK wrote on May 6, 2007 12:18 PM:So WHO gave him permission under this 'unwritten exception? Wouldn't that be a nice piece of information to have? Then we can ask that person to provide examples of previous use of the exception, or identify others in the Department who were aware of the exception. Surely there must be others, right?!?
bjobotts wrote on May 6, 2007 12:31 PM:And here he is, still in his job, still making others in the work place miserable, still looking around to find more ways to rid the voting rolls of Democrats.Claire McCaskill, the democratic Senator from MO. is such a breath of fresh air for this state whose previous senator was merely a rubber stamp with no original ideas and no heart for the voters just the corporations. This report on Scholzman leaves out this time its previous mention of him stopping the investigation into a billion a year hospital supply cover up which wiped out 5 USAs from their Texas office in 3mo period, 2 by death, 3 forced to resign. Thanks Scholzman, and you were here such a short time to stop 4 illegal votes, wipe out a whole USA office, and halt a billion dollar investigation getting an opposing lawyer dis-barred. Good dog, good dog.
Buck wrote on May 6, 2007 12:33 PM:Code word: fear
(maybe in an email that is now deleted?)
Posted by: TheraP
Emails were not deleted from the cache. There's plenty of catch in the cache.
The frogs are not even lukewarm yet. The fully cooked dinner will be at least a year in the making. The cache has legs.
stlounick wrote on May 6, 2007 12:39 PM:Having been an election judge in St. Louis City since 2002, I can tell you that suppression of voting was the goal of the Republicans. It went the gamut from "challengers" at the polls who were Republican to the photo ID law (thankfully held unconstitutional by our state supreme court) and even floating that jury duty (which impacts the pay of lower income workers no matter what the law says about "time off") is determined by the voter rolls (and it can be and is).
Mrs P wrote on May 6, 2007 12:41 PM:From the Boston Globe:
"Schlozman also moved to take control of hiring for the voting rights section, taking advantage of a new policy that gave political appointees more control. Under Schlozman, the profile of the career attorneys hired by the section underwent a dramatic transformation..."
What was the new policy? Who authored it and when?
tbhull wrote on May 6, 2007 12:42 PM:Sounds similar to the little known provision found in the Faber College charter calling for double secret probation.
Milton Wiltmellow wrote on May 6, 2007 12:48 PM:"We knew that when Schlozman was second in command of the Justice Department's Civil Rights Division ('03-'06), he made a practice of hiring strong conservatives."
This sentence displays a misunderstanding of a fundamental sort of rhetorical detail the fanatical Republicans employ.
Facts cannot resist frames.
Or, to put it differently, adjectives matter more than nouns. Schlozman hired "strong" conservatives? What's a "strong" conservative? Newt? Rudy? Dick C?
If it was me, I might have written the same sentence using the words "hard core" to modify conservative. Other choices might be "zealous", "fanatical", "ideologically pure", or "uncompromising." None of these would change the fact of the matter.
Adjectival misrepresentations are intentional and calculated. Like referring to the "Democrat" party, the codes transmitted through modifiers of fact have a greater political effect than the facts themselves.
As we suffer the catastrophic policies perpetrated by the Bush regime upon this nation and the world, it helps to understand why they get away with the crap they have gotten away with.
certainot wrote on May 6, 2007 12:50 PM:i think i remember hearing reference to the ACORN workers on talk radio but can't remember the timing.
perhaps the talk radio propaganda arm of the GOP was getting inside information.
since talk radio is the backbone of the White House/ GOP talk radio propaganda operation it may have been an initial point source.
it would be uncharacteristic for the White House not to publicize the ACORN exaggeration (and others) to the full extent they could. if they were going to use it as quickly as possible before the election and include it in their general talk radio campaign to blame Dems and illegal alien voters of massive vote theft, they may have leaked inside information, either directly to a national or local blowhard, or to someone like Drudge first, for example, or use some GOP operative who might call a station, etc.
maybe anyone looking for WH connections to the prosecutor purges and vote fraud ought to look into the way in which talk radio was used.
what did the local right wing talker know, when did he know it, and who passed him the info - off to Gitmo he goes!
PJ White wrote on May 6, 2007 12:52 PM:It is going to take a long long time to repair the damage done by just this one asshole. He hired career attorneys that are rabid partisans. And that is just one department. The same kind of shenanigans have been going on for 6 years in every federal department. USDA, Health and Human Services, FDA, Dept. of Defense, Education (and that's biggie), FCC, you name it. What a fucking mess.
sc: profit. Somebody is making a HUGE profit off all this and it is not you and me.
EH wrote on May 6, 2007 12:53 PM:I think DavidK and I are thinking similar questions here. That is, I'm curious whether the policy of not bringing election-eve cases is unwritten itself. That is, is this an unwritten exception to an unwritten policy, or is it an actual policy with guidelines and everything? If it's an unwritten policy and an unwritten exception, I think my ire is on much shakier ground than if the policy itself is official enough to be readable.
So yeah, maybe we can scrounge up some info on previous invocations of the Unwritten Exception. Who gave the okay for this case to go forward when permission was asked?
Mrs Panstreppon wrote on May 6, 2007 1:06 PM:Has anyone here read about what Schlozman did to Kansas City Mo mayoral candidate, Kathryn Shields? Shields, a Democrat, was the frontrunner in a runoff earlier this year until Schlozman hit her with charges of mortgage fraud.
What a horrific story! (link below)
Shields believes she was charged after the USA's office presented forged documentation as evidence to the grand jury.
Read Kathryn Shields' statement about the case here:
http://www.shieldsforthecity.com/
Bradley Schlozman is one nasty fuck!
mkultra wrote on May 6, 2007 1:10 PM:The criminals are running the "justice" department . . . After Bush the economy will crash, the military has been destroyed, no one with half a brain can believe that the fix is not in as to criminal prosecutions and our judicial system (full of federalist society born again nut job judges)and our mainstream corporate media (Broder, Russert, Mathews, Williams, ad nauseum)has been exposed as a complete fraud slanting stories against progressives and in favor of right wing lunatics . . . maybe the bees dying off know something we don't . . .
TheraP wrote on May 6, 2007 1:10 PM:CHS over at FDL as a long post on this very same issue.
(Click on my name below.)
Richard L. Adlof wrote on May 6, 2007 1:11 PM:foolme1ns @ May 6, 2007 12:06 PM,
I respectfully disagree. There are lotsa unwritten expections. The majority of Americans detest them but this adminstration gets up each morning and asks over their bowls o' Wheaties:
What would Stalin do?
What would Musolini do?
What would Hitler do?
What would Chairan Mao do?
How what needs to be done to make our beloved Bush into the single greatest fascist plutocrat of all time and how do we get that done without having to quell an uprising or two?
Bush & Co are an unwritten exception. How else does one not get elected twice and serve as President . . .(other than being Vice President for two assassinated Elected Presidents of course)?
Anonymous wrote on May 6, 2007 1:18 PM:Don't forget that NPR interviewed one of Schlozman's former employees last week. The employee said Scholozman ordered him to falsify records. He also accused Schlozman of doing what Monica Goodling is under investigation for. Schlozman need to be forced to testify under oath on the double. And I hope he has to do it in public as he has somewhat of a girlish voice which is amusing to listen to. :)
Mrs Panstreppon wrote on May 6, 2007 1:26 PM:But seriously, the Dems need to pick up the pace on these investigations- at this rate we're not gonna catch even 1% of the crooks in this administration.
Tuck this Schlozman quote away for future reference.
From an 11/6/06 Missouri Lawyers Weekly story by Heather Cole:
"The Booker decision said that sentencing guidelines were unconstitutional if mandatory, relegating the guidelines to an advisory role. That means judges may operate with more discretion in sentencing, Demerath said. "They will be able to treat appropriate cases more leniently. " That's not something Western District of Missouri U.S. Attorney Bradley Schlozman is hoping to see. The non-binding guidelines still are not strict enough for white-collar defendants, some of whose crimes are the most disturbing, Schlozman said. "They know better, they're educated, they're wealthy, they're often sophisticated, and they're preying on other people's vulnerabilities."
You knew better too, Schlozman, you fat fuck.
TheraP wrote on May 6, 2007 1:40 PM:Mrs P -
That quote may immortalize you!
anon wrote on May 6, 2007 1:43 PM:...The AC4VR and the AC4VRF are GOP fronts set up to bolster GOP claims about rampant voter fraud...
Yup. It seems worth asking a lot of questions about the relationship between the DoJ/GOP and these groups. Off the top of my head, I think there are several state-based versions of these groups that are worth tracking down.
Mrs Panstreppon wrote on May 6, 2007 1:43 PM:#1
Springfield News-Leader (Missouri)
November 3, 2006 Friday
"Assistant U.S. attorney to handle complaints"
As assistant U.S. attorney in Kansas City has been appointed to oversee the handling of complaints of election fraud and voting rights abuses in Tuesday's election.
First Assistant U.S. Attorney Matt Whitworth will serve as district election officer for the Western District of Missouri and will work with the U.S. Department of Justice.
"We want to ensure public confidence in the integrity of the electoral process by protecting against election fraud and discrimination at the polls and by aggressively prosecuting such offenses whenever and wherever they occur," said Bradley Schlozman, U.S. Attorney for the Western District of Missouri, in a release Thursday.
Schlozman urged members of the public to report fraud or voting rights abuses they witness to Whitworth, who will be on duty while polls are open.
He can be reached by calling (816) 426-3122 or (816) 426-4122.
FBI special agents also will be in the field offices and available at (816) 512-8200 to receive complaints of election fraud or abuse.
Ballot access problems or discrimination can be reported by calling 1-800-253-3931 or (202) 307-2767.
#2
Daily Record (Kansas City, MO)
By: Charles Emerick
November 8, 2006
"Kansas City voters report little trouble"
At least one Kansas City polling place briefly required voters to show photo identification during Tuesday's election. Some voters early Tuesday morning were asked to show their IDs by election workers atBrush Creek Community Center on Emanuel Cleaver II Boulevard, according to Eddie Hailes, senior attorney for Advancement Project, a national nonpartisan racial justice action group. The group had workers inseven states during the election to help resolve problems.
He said voters sometime between 6:30 and 9 a.m. had been asked to present picture ID. "We don't know how many were asked or how many may have been rejected," Hailes said. A lawyer was sent to the site but told upon his arrival by voters that IDs were no longer being required. Earlierthis year, the Missouri Legislature passed a law that would have required voters to show photo identification. But the state's top court threw out the law last month. In a 6-1 decision, the Missouri SupremeCourt ruled it was unconstitutional and violated equal protection clauses and the guarantee of the right of qualified and registered citizens to vote. Don Ledford, public affairs director for U.S. Attorney Bradley Schlozman in Kansas City, didn't have any complaints to report. And Judge John O'Malley, of the Jackson County Circuit Court, alsohad not received any calls as of late Tuesday afternoon. According to the Advancement Project, it received some complaints about long lines and difficulties with electronic voting machines. Hailes also noted that some polling sites were running out of pencils, or they becameso small from repeated sharpening that they couldn't be used. After contacting the election board they were informed that blue and black felt tip pens could be used to mark ballots. "That would have been good information to get out prior to the election," he said. Other problems reported to Advancement Project in Missouri included two St. Louis polling places that required signature identification and one where election judges were handing out provisional ballots. Also in St. Louis, an attorney for the St. Louis County Election Board and a lawyer from the American Civil Liberties Union were involved in a heated exchange of words near the election board headquarters.
Erasmus wrote on May 6, 2007 1:44 PM:It's Stalinist Russia. Only Party Loyalists with the blessing of the nomenklatura need apply.
Ron Byers wrote on May 6, 2007 2:00 PM:Interesting how this administration's efforts to politicize and control our justice system mirror those of dictatorial or one-party regimes.
I wonder if the "unwritten exception" existed before Charlie Savage asked the DoJ to comment?
Does anybody have any confidence in the Rovian Department of Justice.
regular lurker wrote on May 6, 2007 2:17 PM:Brad Blog reported in April that Bud Cummins was fired one month after reports of a corruption investigation into the law firm Lathrop & Gage. The story ties Rove, Hearne, Blunt, and Timothy Griffin together. It also explains why having a Rove approved USA was so important.
http://www.bradblog.com/?p=4429
della Rovere wrote on May 6, 2007 2:22 PM:Scholtzman should have to face some prison time for subverting the attorney general's role and subordinating the role of justice to party politics. At a minimum he should be disbarred.
Anonymous wrote on May 6, 2007 2:25 PM:I really, really hope that Dem staffers are getting the goods on this Schlozman character and will soon expose his crimes and humiliate him in public. He sounds like something else.
mbbsdphil wrote on May 6, 2007 2:42 PM:Instead of state troopers lining the routes to the polls in predominantly African American voting districts, Mr. Schlozman advertised that he had federal prosecutors on call on election day. No doubt, they were meant to deliver faster than the pizza guy.
How can anyone forget Mr. Mehlman's description of the men and women he helped assemble for Mr. Bush? Not the best available, the best available who would be loyal to Mr. Bush.
That's long been clear. But it is always startling to see glaring examples of it. Like Schlozman's tireless ability to hire from schools whose average ranking was fifty places lower than his predecessors'! Which means many hires were from schools considerably lower than that average.
No mention of compensating factors that would have promoted the Civil Rights Division's mission. No full scholarship recipients, no years spent battling opponents of expanded civil rights. No outreach to rural, Native American, immigrant or other communities, which may have restricted access to top twenty law schools. No winners of national trial advocacy competitions. No mention of students with brilliant grades or practical experience in criminal or constitutional law, but with only passing grades in real estate. No mention, even, that candidates were routinely in the top 1%, or 5% or 10% of their class. Mr. Schlozman's race to the bottom is arguably typical of Mr. Bush's disdain for competence and fetish for loyalty.
Mr. Mehlman is correct that this is Mr. Bush's administration. But, it is not his government. It's ours. Simply firing Mr. Schlozman would do little; that would be like painting a rusted car. No, whole layers of the DOJ need to be removed of their accumulated rust and filth before we apply new paint.
shipwreckedcrew wrote on May 6, 2007 2:51 PM:Hey Wingnuts --
By policy -- which dates back at least to my first day on the job at DOJ on 7/29/92, every US Attorney's Office must designate an Assistant US Attorney as its "Election Day Duty Prosecutor" to field all calls/complaints regarding potential election irregularities -- EVERY office -- and that appointment is supposed to be publicized so people with complaints know who to call.
The most consistent problem across the country is inadvertent and well-intentioned offering of "rewards" by retail businesses to people who bring in their voting stub or other proof that they had voted. When I was the designated Duty Attorney in 1998, I had to explain to the Regional Manager for Taco Bell in central California that it was a federal crime to give away a free taco to everyone with a ballot stub.
So, step back and look for another wacko conspiracy angle to this story -- Schlozman's press release about a "duty prosecutor" ain't one.
r€nato wrote on May 6, 2007 2:54 PM:The entire Republican party should be indicted as a criminal conspiracy.
Anonymous wrote on May 6, 2007 2:54 PM:I see that Mr. Schlozman's new duties at the DOJ include "managing" cyber crime. That is one of the hot-button new areas of the law, which will have enormous impact on the daily lives of average Americans. Like the more than fifty million Americans whose credit info has been hacked in the past few years.
Mr. Schlozman has no experience in computer law or cyber crime.
That must make the financial services, information gathering and data mining industries happy indeed. It's their abuses in gathering, using and storing information - as well as hackers and thieves - who would pay if someone at the DOJ really knew what they were doing.
Anonymous wrote on May 6, 2007 3:01 PM:Mr. Bush's actual behavior exceeds any fictional conspiracy that right or left wing advocates might invent.
Congress has only been looking at the gap between Mr. Bush's rhethoric and behavior for four months. I suspect there quite a few more shoes will drop before they're through. But, no worries. Mr. Rove will still be able to fund those AEI Trolling Fellowships for a while longer. Just don't give up your day job.
Anonymous wrote on May 6, 2007 3:03 PM:No. "Unwritten rule" means they just made it up yesterday. A real such rule would have a history. This is just more Mehlman Merde.
Anonymous wrote on May 6, 2007 3:10 PM:My condolences to the French and their Republic. Mr. Sarkozy has been elected. He will do to them what Bush and Blair did to their countries.
The average visitor to Britain, for example, in a two-week stay will be photographed 3,000 times. From street corner and highway cameras, to ATM machines, lobbies, airports, hotels, gardens and gates.
Like the Army of Captain Dreyfuss' day, or Mr. Bush, Mr. Sarkozy can do no wrong, or so he thinks. I suspect that within two years, the French will be longing for the relaxed free-wheeling, humble ways of Charles De Gaulle.
TheraP wrote on May 6, 2007 3:11 PM:@2:54 pm:
lack of experience is the qualifying ticket for admission to bu$shco's mafia - that and undying fealty to bush - the man with no principles, only tactics of expediency for himself and his cronies.
MattNet wrote on May 6, 2007 3:14 PM:After all this... the administration lying at every turn, people still want to believe that they told us the truth about 9/11... Wake up people. 9/11 was a big lie. 9/11 was an inside job.
skeptik wrote on May 6, 2007 3:50 PM:that business about an unwritten rule sounds a lot like an untruthful statement.
Anonymous wrote on May 6, 2007 4:02 PM:PJ White,
Come on, follow the links. Yes its a written policy--
"I think simply quoting from the Justice Department's manual, "Federal Prosecution of Election Offenses" is a sufficient rebuttal:
In investigating election fraud matters, the Justice Department must refrain from any conduct which has the possibility of affecting the election itself.... Federal prosecutors and investigators should be extremely careful to not conduct overt investigations during the pre-election period or while the election is underway.... Thus, most, if not all, investigation of an alleged election crime must await the end of the election to which the allegation relates.
It should also be kept in mind that any investigation undertaken during the final stages of a political contest may cause the investigation itself to become a campaign issue. Many, if not most, allegations during this period come from political partisans who are actively involved in the election. It is not unreasonable to assume that such complainants may be seeking to trigger a criminal investigation of an opponent just before the election."
EH wrote on May 6, 2007 4:15 PM:http://www.tpmmuckraker.com/archives/003157.php
Good one, MattNet. Do you have a link for freeing Mumia, too? It's just as on-topic.
KarenJG wrote on May 6, 2007 4:43 PM:One thing that's been bothering me about the coverage of this is that I don't see enough distinction being made between *career* positions and "political" positions. I think a lot of people are figuring that these new hires will be gone when the Bush administration is. No. When an article talks about political litmus tests for "career" positions, they're talking about people who *stay* after an administration leaves.
I know most of the people here understand that, but I don't think John and Jane Public do, and I wish reporters would go to greater lengths to make sure that the difference is noted.
SC: push, as in push this info out there!
shipwreckedcrew wrote on May 6, 2007 5:10 PM:KarenJG -- your distinction is meaningless and wrong.
About 95% of all DOJ hires are into "career" positions. But, people come and go from "career" positions all the time.
The distinction between "career" positions and "political" positions is simply one of whether the position is an "appointee" or a "hire". One group that falls in the middle are the "staff" of the various appointees. If a new Admin. was to bring in new political appointees, its expected that they would hire their own staff. So, those staffers hired by the outgoing administration would have to go as well.
All the other "hires" are "career" positions, even though the number of people who stay with DOJ their entire career is a very small minority.
eric wrote on May 6, 2007 5:38 PM:What is Homeland Security's responsiblity if crooks are found at DOJ?
macdust wrote on May 6, 2007 5:52 PM:The "prosecutor on duty" for election day was standard operating procedure for nearly every U.S. Attorney, I think. I checked about thirty, and all but two participated in the "Ballot Access and Voting Integrity Initiative," a program started under Ashcroft and executed with little variation at the local level.
While the announcements are blurry about what the extra prosecutors and FBI investigators are for, they differentiate clearly between what is "Voter fraud" and what is "ballot access".
All the local resources are on stand-by to field reports about voter fraud.
Those with "ballot-access" complaints are invited to call the Civil Rights division in Washington. No mention of prosecutors or investigators working overtime there.
Anonymous wrote on May 6, 2007 6:36 PM:Those with "ballot-access" complaints are invited to call the Civil Rights division in Washington. No mention of prosecutors or investigators working overtime there.
The Oracle wrote on May 6, 2007 6:43 PM:Posted by: macdust
Of course not. Got to keep those black folks from exercising their right to vote. The Republican playbook is obvious and sickening. What's most disgusting is how damn effective they have been at stripping the rights of minority voters. The Dems need to take a serious look at the scummy Republican tactics since 2000.
Why isn't our Justice Department going up in smoke by now?
I mean, with all the "loyal Bushie" Republicans there who are lying, and running around with their pants on fire, I figure the Justice Department smoke alarms would be going off every few minutes like a strident air raid siren.
mangifirek wrote on May 6, 2007 7:07 PM:... I am struck by the observation that going from 0/8 to 7/14 career hires from Federalist Society or republican national Lawyers Assn lowers the US News and World report law school ranking from 15 to 65. How many of these folks might be from Ms. Goodling's alma mater, Regent University, which Jon Stewart pointed out is a solidly fourth quartile quality school?
Might one surmise that the 7/14 with NEITHER of these connections held up in line with the previous ranking which would make the conservative loyalist hires that much more pathetic.
Here's the hypothesis: if you want to lower the quality of the work force, hire Republicans.
And a more serious point: is there a protocol to review past hiring that demonstrates a pattern of a reverse meritocracy to unseat the mediocrities the compromised system produced?
Cowboy wrote on May 6, 2007 7:27 PM:Schlozman is going to be a disaster if he has to testify during a public hearing. In terms of appearance, he has to contend with having a castroto voice. If he had the Voice of God, it would help (I'm sorry these superficial measures do matter from a P.R. perspective).
On the substantive issues he's going to have to justify the unprecedented implementation of an unprecedented policy. His rush indictment with the misspelled name, suggests that he's not exactly a detail man either. Disasters beget disasters.
Sally wrote on May 6, 2007 7:54 PM:They are not even competent at making up excuses and explanations for bad and/or illegal behavior.
I wonder how many of them even did their own work in law school.
Anonymous wrote on May 6, 2007 8:22 PM:"What is Homeland Security's responsiblity if crooks are found at DOJ?"
Posted by: eric
Gads, haven't you been paying attention?
The answer to your question is...
Stall, equivicate, lie, erase and perjure.
And if that doesn't work....
Stall, equivicate, lie, erase and perjure.
rlegro wrote on May 6, 2007 8:35 PM:At least when in Bush v. Gore the Supreme Court narrowly handed the 2000 election to Bush, they issued a WRITTEN ("one-time") exception to precedent. Obviously, justice in America has devolved since then.
ohiomeister wrote on May 6, 2007 9:04 PM:Who at HQ approved the indictments???
By HQ, do we mean DOJ or Karl Rove's office in the White House?
Stephen T. Everitt wrote on May 6, 2007 9:05 PM:From now on, put the word Banana before the word Republican.
Fran wrote on May 6, 2007 9:44 PM:The questions still is; what can be done to stop/reverse this abuse of the system?
Bush/Rove don't care what people think of their actions. The trick will be how to remove the damage that they've done. Only this, along with prosecutions of the wrongdoers, will remove the scourge of party affiliation from this govt.
The ghosts of the Soviet Union must be rolling over.
How can we help to reverse the corruption of the DOJ and remove the stink of Bush/Rove contamination?
Anacher Forester wrote on May 6, 2007 10:11 PM:I have an unwritten exception that says I don't have to pay my income taxes. Unfortunately, the IRS does not agree.
AF
Buck wrote on May 6, 2007 10:14 PM:Here's another BIG headliner:
http://www.dailykos.com/storyonly/2007/5/4/221338/5335
noshrub wrote on May 6, 2007 10:46 PM:Schlozman really does sound like a girlyman:
KC Cicero wrote on May 6, 2007 11:31 PM:http://www.npr.org/templates/story/story.php?storyId=9981606
What has NOT been covered is Schlozman's intervention in the February Kansas City Mayor's race, indicting the three-term Democratic Jackson County Executive (favored by many to be the next mayor, and a strong fundraiser and issue-raiser for Democrats in the '08 cycle)on Jan 4 on trumped-up charges. Forged documents were submitted to a Grand Jury, and the Democrat official was refused the opportunity to submit exculpatory evidence to the Grand Jury.
This is part of a pattern of prosecuting Democrats for political purposes. Just Google "Political Profiling" for the details.
J Anderson wrote on May 6, 2007 11:59 PM:Last October before the election there were news stories about Rove having an "October surprise" to bring victory to the Republicans. It never materialized. Now I'm wondering if having USA's indicting democrats for voter fraud was his plan that didn't come together.
Just speculation, and I didn't do the research (basic Google search) to see if it holds up.
NitPicker2 wrote on May 7, 2007 12:44 AM:KC Cicero
"the Democrat official" ???
"Democratic"... p l e a s e ......
It's an adjective as you used it - don't be picking up the republicon (sic) usage.
Anonymous wrote on May 7, 2007 1:47 AM:This must come from the same law making facility as live anywhere you want to even when the law states you must live in the state you work.Maybe the signing statements have trickle-down authority.You just Calvin Ball as necessary.
Chuck N wrote on May 7, 2007 6:41 AM:Too funny.
Wonder what really goes on in these guys/girls heads.
I bet they really wish people would like them.
Why does this seem such breaking news? I recall one of the Monica Goodling memos specifically noting membership in the Federalist Society.
http://www.tpmmuckraker.com/archives/003007.php
Anonymous wrote on May 7, 2007 9:26 AM:Chuck N, the previous news about Federalist Society membership was in reference to political appointees (U.S. Attorneys and Judges).
In this case we're talking about career civil service hires (e.g. Civil Rights division and Assistant U.S. Attorneys).
Applying political affiliation to the former group of political appointees is legal, apply the same standard to career staff, is not.
Dr. Wu wrote on May 7, 2007 9:37 AM:So when does this story get to the point where the corporate media will cover Tim Griffin's involvement in Rover's scheme to target black US soldiers for disenfranchisement, as reported by Greg Palast? Is there a level below which Bush's approval rating can sink that would embolden the media to lift its self-imposed gag order on stories that implicate high-ranking Goopers in criminal activity?
http://www.gregpalast.com/bushs-new-us-attorney-a-criminal/
Johann wrote on May 7, 2007 10:19 AM:"Schlozman, you'll remember, rushed the indictments of four ACORN voter registration workers to land five days before the 2006 election."
Please keep on top of this and let your readers know the results of these indictments.
Also, is there a defense/offense fund set up to provide legal assistance to those four voter registration workers?
I think they would have a great case for suing Schlozman for 'Defamation of character' if nothing else.
It's past time for the Democrats to take the offense and force the Republicans to go on defense. A good example that defense never won a war is the American Civil War.
Anonymous wrote on May 7, 2007 1:44 PM:Ok, I know it's really too late to do this, but I have to respond to shipwreckedcrew, who said:
>>KarenJG -- your distinction is meaningless and wrong.
About 95% of all DOJ hires are into "career" positions. But, people come and go from "career" positions all the time.
The distinction between "career" positions and "political" positions is simply one of whether the position is an "appointee" or a "hire". (snip)<<
I think you misunderstood my point. The percentage and/or length of service isn't at issue. The point is that, when the original U.S. Attorney scandal broke, reporters made it quite clear that these people came and went with administrations. The point is that reporters are *not* making clear that this "new" aspect - that they're also using political litmus tests for "career hires" - is a difference in kind, not just in number. So I suspect that John and Jane are still thinking that these people will be replaced under a new administration too. And they won't. And it's not just the Justice Department, although that's the most worrisome to me, because those are the people with the coercive power of the state at their disposal. These politically-chosen "career hires" can remain as long as they wish to poison the work product of *every* department.
KarenJG wrote on May 7, 2007 1:46 PM:Er... that was me, sorry, I forgot to "sign" my post.
marblex wrote on May 7, 2007 2:38 PM:the entire federal government needs to be purged.
CLEAN SWEEP 2008
Carneades wrote on May 8, 2007 8:53 PM:I agree with earlier posts that an "unwritten rule" is dubious, but as a clarification of an ambiguous guideline like, "most, if not all, investigation of an alleged election crime must await..." I don't think the legal objections are strong. "most, if not all" can mean anything.
I think the traction here is that an "unwritten" rule is a spoken rule. Those claiming such a rule exists should be pressed to explain exactly who in the DoJ they have formed these spoken understandings with.
David Martin Price wrote on May 10, 2007 1:59 AM:Its worse then we thought. Look what the US Attorneys for Kansas and Georgia did with Schlozman to keep their jobs. Its time for a Truth and Reconciliation Commission. I don't think questioning Alberto Gonzales is going to restore the US Justice Department. This went to the core of our republic. Every US Attorney should be holding a town hall meeting and publicly renouncing his association with the main Justice Civil Rights and Voting supression conspiracy!
http://www.1888pressrelease.com/judicial-watchdog-demands-commission-on-ag-alberto-gonzales-pr-9ueg517q5.html
Lawman wrote on May 13, 2007 12:49 AM:Has anyone else noticed that there is no "bio" posted publicly for the New U.S. Attorney in Iowa, a Mr. Dammermuth. See the Iowa USA website through the DOJ website. My buddy tells me the New U.S.Attorney in Iowa worked at the Civil Rights Division at DOJ and did some of the partisan hiring.
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