I wrote in my previous PJ Media piece that it would be intellectually disingenuous to both issue a “no determination” ruling on the submission while at the same time filing a federal court motion to deal with the substance of the submission. Here’s why. The no determination letter said that Brown can’t make the submission because he doesn’t run the elections after he was temporarily stripped of that power. It isn’t ripe for him to submit the rule, they say. Yet he will regain that power. And worst of all for the DOJ, they now are marching into court claiming the issue is ripe for the court to decide. Yikes.
Simply put, the Department is trying to dodge the central issue of whether they will use Section 5 to protect a white victim in an obviously clumsy way. Many sycophantic media will no doubt trumpet this as proof positive that the DOJ will protect the white minority in Noxubee. But if you consider the fact that this is the most contorted, most expensive way possible to do it, you’d see that the real motive is to avoid expanding Section 5 to protect a white or Asian victimized minority. What happened to all those “resource concerns” we’ve heard so much about?
The media should plainly ask Attorney General Eric Holder: Does the voting section consider the whites in Noxubee County to be protected under Section 5? Will the voting section conduct a Section 5 analysis in these circumstances? Let me predict the Department’s answers: no and no. They just will avoid answering the questions, and if they do answer, they will not answer with candor, for they know the firestorm that would erupt.
This is another one of the issues which former Section Chief Christopher Coates would have much to say if the Department would only allow him to comply with the subpoena from the United States Commission on Civil Rights. The vigor with which the Department is resisting his appearance should give you a clue about what his testimony is likely to be.
It is also noteworthy that this action occurred only after significant media attention to the DOJ’s unwillingness to enforce the law in a race-neutral fashion. I have spoken with many individuals in Noxubee County, and DOJ interest first appeared only on July 1 — six weeks after Ike Brown’s submission and four days after PJ Media published the story on the unwillingness to enforce the law equally. For six weeks, there was silence until PJ Media exposed the story. The court filing is a defensive play that would have never occurred otherwise. It is beyond a shadow of a doubt that the interest in pursuing this course of action was only in response to the outrage their unfair policies have sparked around the nation. That isn’t necessarily a bad thing, but we should recognize it for what it is: the good that comes from sunshine exposing corrupt policies.
Above all, the Department continues to refuse to enforce Section 5 in a race-neutral fashion. It was unwilling to object to a scheme of Ike Brown to block access to the polls which a federal court has already found to be illegally motivated by racial intent. Yet it still blocks Georgia’s efforts to ensure that non-citizens are not on the voter rolls. As I wrote in a previous piece, the Department is abandoning law abiding citizens and abetting wrongdoers in many of these decisions.
For now, the Department has deployed a strategic feint that allows it to avoid the core issue of equal enforcement, carries enormous risk if the judge does not agree, and costs a whole lot more than that postage stamp for the objection letter they never sent.