Mr. Speaker, while young Americans die abroad in the name of democracy, some in this Congress scheme to undermine democracy at home by not renewing key provisions in the Voting Rights Act. They even seek a voter literacy test. Blind to…
Mr. Speaker, while young Americans die abroad in the name of democracy, some in this Congress scheme to undermine democracy at home by not renewing key provisions in the Voting Rights Act. They even seek a voter literacy test.
Blind to abuses here, one Congressman recently declared that ``I don't think we have racial bias in Texas anymore.'' This shows not only insensitivity and indifference, it shows why we need to renew completely, without weakening amendments, the Voting Rights Act.
President Lyndon B. Johnson had the will and the courage to secure passage of this fundamental guarantee even though he understood the price that he and the Democratic Party would pay. Now it is not only the law but the Administration's will to enforce that law that is at stake. Overruling professionals at the U.S. Department of Justice, political appointees disregarded obvious Voting Rights Act violations in both the DeLay gerrymandering of Texas and the Georgia voter identification law. The professional employees were vindicated by the courts, but a third of the lawyers in the Voting Section of the Civil Rights Division have left.
Renewing democracy abroad begins with renewing democracy at home.
The Washington Post published a series of articles that document the politicization of the Civil Rights Division of the Department of Justice under the Bush Administration: November 27, 2005, December 2, 2005, December 10, 2005, and January 23, 2006.
[From the Washington Post, Dec. 2, 2005]
Justice Staff Saw Texas Districting As Illegal
(By Dan Eggen)
Justice Department lawyers concluded that the landmark
Texas congressional redistricting plan spearheaded by Rep.
Tom DeLay (R) violated the Voting Rights Act, according to a
previously undisclosed memo obtained by The Washington Post.
But senior officials overruled them and approved the plan.
The memo, unanimously endorsed by six lawyers and two
analysts in the department's voting section, said the
redistricting plan illegally diluted black and Hispanic
voting power in two congressional districts. It also said the
plan eliminated several other districts in which minorities
had a substantial, though not necessarily decisive, influence
in elections.
``The State of Texas has not met its burden in showing that
the proposed congressional redistricting plan does not have a
discriminatory effect,'' the memo concluded. The memo also
found that Republican lawmakers and state officials who
helped craft the proposal were aware it posed a high risk of
being ruled discriminatory compared with other options.
But the Texas legislature proceeded with the new map anyway
because it would maximize the number of Republican federal
lawmakers in the state, the memo said. The redistricting was
approved in 2003, and Texas Republicans gained five seats in
the U.S. House in the 2004 elections, solidifying GOP control
of Congress.
J. Gerald ``Gerry'' Hebert, one of the lawyers representing
Texas Democrats who are challenging the redistricting in
court, said of the Justice Department's action: ``We always
felt that the process . . . wouldn't be corrupt, but it was.
. . . The staff didn't see this as a close call or a mixed
bag or anything like that. This should have been a very
clear-cut case.''
But Justice Department spokesman Eric W. Holland said the
decision to approve the Texas plan was vindicated by a three-
judge panel that rejected the Democratic challenge. The case
is on appeal to the U.S. Supreme Court.
``The court ruled that, in fact, the new congressional plan
created a sufficient number of safe minority districts given
the demographics of the state and the requirements of the
law,'' Holland said. He added that Texas now has three
African Americans serving in Congress, up from two before the
redistricting.
Texas Republicans also have maintained that the plan did
not dilute minority votes and that the number of
congressional districts with a majority of racial minorities
remained unchanged at 11. The total number of congressional
districts, however, grew from 30 to 32.
The 73-page memo, dated Dec. 12, 2003, has been kept under
tight wraps for two years. Lawyers who worked on the case
were subjected to an unusual gag rule. The memo was provided
to The Post by a person connected to the case who is critical
of the adopted redistricting map. Such recommendation memos,
while not binding, historically carry great weight within the
Justice Department.
Under the Voting Rights Act of 1965, Texas and other states
with a history of discriminatory elections are required to
submit changes in their voting systems or election maps for
approval by the Justice Department's Civil Rights Division.
The Texas case provides another example of conflict between
political appointees and many of the division's career
employees. In a separate case, The Post reported last month
that a team was overruled when it recommended rejecting a
controversial Georgia voter-identification program that was
later struck down as unconstitutional by a court.
Mark Posner, a longtime Justice Department lawyer who now
teaches law at American University, said it was ``highly
unusual'' for political appointees to overrule a unanimous
finding such as the one in the Texas case.
``In this kind of situation, where everybody agrees at
least on the staff level . . . that is a very, very strong
case,'' Posner said. ``The fact that everybody agreed that
there were reductions in minority voting strength, and that
they were significant, raises a lot of questions as to why it
was'' approved, he said.
The Texas memo also provides new insight into the highly
politicized environment surrounding that state's
redistricting fight, which prompted Democratic state
lawmakers to flee the state in hopes of derailing the plan.
DeLay and his allies participated intensively as they pushed
to redraw Texas's congressional boundaries and strengthen GOP
control of the U.S. House.
DeLay, the former House majority leader, is fighting state
felony counts of money laundering and conspiracy--crimes he
is charged with committing by unlawfully injecting corporate
money into state elections. His campaign efforts were made in
preparation for the new congressional map that was the focus
of the Justice Department memo.
One of two DeLay aides also under indictment in the case,
James W. Ellis, is cited in the Justice Department memo as
pushing for the plan despite the risk that it would not
receive ``preclearance,'' or approval, from the department.
Ellis and other DeLay aides successfully forced the adoption
of their plan over two other versions passed by Texas
legislators that would not have raised as many concerns about
voting rights discrimination, the memo said.
``We need our map, which has been researched and vetted for
months,'' Ellis wrote in an October 2003 document, according
to the Justice Department memo. ``The pre-clearance and
political risks are the delegation's and we are willing to
assume those risks, but only with our map.''
Hebert said the Justice Department's approval of the
redistricting plan, signed by Sheldon T. Bradshaw, principal
deputy assistant attorney general, was valuable to Texas
officials when they defended it in court. He called the
internal Justice Department memo, which did not come out
during
the court case, ``yet another indictment of Tom DeLay,
because this memo shows conclusively that the map he produced
violated the law.''
DeLay spokesman Kevin Madden called Hebert's
characterization ``nonsensical political babble'' and echoed
the Justice Department in pointing to court rulings that have
found no discriminatory impact on minority voters.
``Fair and reasonable arguments can be made in favor of the
map's merits that also refute any notion that the plan is
unfair or doesn't meet legal standards,'' Madden said.
``Ultimately the court will decide whether the criticisms
have any weight or validity.''
Testimony in the civil lawsuit demonstrated that DeLay and
Ellis insisted on last-minute changes during the Texas
legislature's final deliberations. Ellis said DeLay traveled
to Texas to attend many of the meetings that produced the
final map, and Ellis himself worked through the state's
lieutenant governor and a state senator to shape the
outcome.
In their analysis, the Justice Department lawyers
emphasized that the last-minute changes--made in a
legislative conference committee, out of public view--
fundamentally altered legally acceptable redistricting
proposals approved separately by the Texas House and Senate.
``It was not necessary'' for these plans to be altered,
except to advance partisan political goals, the department
lawyers concluded.
Jerry Strickland, a spokesman for Texas Attorney General
Greg Abbott, said he did not have any immediate comment.
The Justice Department memo recommending rejection of the
Texas plan was written by two analysts and five lawyers. In
addition, the head of the voting section at the time, Joseph
Rich, wrote a concurring opinion. Rich has since left the
department and declined to comment on the memo yesterday.
The complexity of the arguments surrounding the Voting
Rights Act is evident in the Justice Department memo, which
focused particular attention on seats held in 2003 by a white
Democrat, Martin Frost, and a Hispanic Republican, Henry
Bonilla.
Voting data showed that Frost commanded great support from
minority constituents, while Bonilla had relatively little
support from Hispanics. The question to be considered by
Justice Department lawyers was whether the new map was
``retrogressive,'' because it diluted the power of minority
voters to elect their candidate of choice. Under the adopted
Texas plan, Frost's congressional district was dismantled,
while the proportion of Hispanics in Bonilla's district
dropped significantly. Those losses to black and Hispanic
voters were not offset by other gains, the memo said.
``This result quite plainly indicates a reduction in
minority voting strength,'' Rich wrote in his concurring
opinion. ``The state's argument that it has increased
minority voting strength . . . simply does not stand up under
careful analysis.''