But then the DOJ goes where I didn’t think possible – the Voting Section lawyers cite a newspaper report for statistical evidence of racially discriminatory impact. Florida hits back:
DOJ crosses even further into the realm of conclusory and unsubstantiated speculation by asserting that the Secretary’s use of MDAVE data is “discriminatory.” DOJ cites a single source to support this claim: a news report “indicat[ing] that the program may have a disproportionate impact on minority voters” because “87 percent of those on the 2,600-person list are minorities.” U.S. Mem. 17 & n.6 (emphasis added). As a threshold matter, a single media report speculating that the MDAVE data “may” have a disparate impact is obviously not competent evidence to support any judgment or relief.
During the Bush administration, such evidentiary nonsense would not have occurred. The voting section chiefs at the time would never tolerate such flimsy lawyering. In fact, current section chief Chris Herren would not have supported such flimsy lawyering before January 20, 2009. But with radicals in power, the rules of evidence matter less than the exercise of power to achieve politically transformational ends. It is the story as old as time, the sacrifice of principle in the quest for power or the favor of superiors.
Unfortunately for the nation, and the Rule of Law, principles are in short supply in Holder’s corrupted Department of Justice.
Thumbnail image courtesy shutterstock / Nomad_Soul