No Proof in New Black Panther Case: Official

David S Morgan, CBS News, July 25, 2010

A Bush appointee to the U.S. Commission on Civil Rights denounced allegations by some pundits that the Justice Department is refusing to pursue a voting rights case against members of the New Black Panther Party because of race, and suggested that the charges being made by right-wing figures are politically motivated.

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A recent Media Matters investigation has debunked charges that the Obama administration withdrew criminal charges against the Panthers (in fact, the Bush administration decided not to pursue criminal charges, with Assistant Attorney General Thomas Perez testifying that the Bush Justice Department “determined that the facts did not constitute a prosecutable violation of the criminal statutes”; a civil lawsuit was filed in the last days of the Bush administration, and a judgment won by the Obama Justice Department in May 2009).

Media Matters also found no evidence that any voters in the predominantly-black voting district had been prevented from voting.

Appearing on CBS’ “Face the Nation” Sunday, the commission’s vice chair, Abigail Thernstrom, said, “We have no direct evidence that [the NBP activists] actually intimidated anybody, stopped them from voting.”

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Of Adams’ charges that DOJ is discriminatory in prosecution, Thernstrom said, “We certainly have no direct evidence that anybody in the Justice Department said ‘We’re not going to prosecute this case because we have racial double standards: We protect blacks, we don’t protect whites.’

“I think the evidence is extremely weak,” Thernstrom told anchor Bob Schieffer. “If the Justice Department chooses–and I would be delighted if it did so–to send to us, for instance, somebody who is at that alleged brown bag meeting in which [Deputy Assistant Attorney General] Julie Fernandez said, ‘We don’t prosecute cases [against] blacks . . .’ fine. I’m an evidence girl, really. I want evidence.”

Wall Street Journal columnist John Fund, also appearing on “Face the Nation,” argued that not all the facts are known, “because the Justice Department is stonewalling subpoenas issued by the U.S. Commission on Civil Rights.

“Two African-American poll watchers testified they were intimidated,” said Fund. “We saw testimony that the voters said they turned around and said they would came back; we don’t know if they ever came back.”

Fund said there was a pattern of “consistent politicization” in the Justice Department, listing examples of Voting Rights Act decisions in the South.

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Washington Post columnist Michael Gerson said this and another racially tinged case, the media flap about Shirley Sherrod and Andrew Breitbart, are indicative of a deeper societal problem:

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He called the misuse of racial issues in the media is damaging in a lot of ways: “These wounds are very close to the surface in America. When people take these issues and attempt to use them for political reasons, when they feed rage, they’re doing something very, very dangerous. I think, you know, historically it’s a real problem.”

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