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Rule of Law

Monthly Archives: December 2013

Just four days after Christmas 1940, Hitler turned London into earthly hell. December 29 was London’s longest night, the night Hitler tried to burn London down and incinerate the majestic St. Paul’s Cathedral.

At sunrise the dome of St. Paul’s stood, though surrounded by a smoldering warscape of total destruction. The salvation of St. Paul’s Cathedral from the inferno uplifted British spirits and is a Christmas story worth retelling seventy-three years later.

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By December 1940, nearly all the democracies of Europe had fallen to the Nazi menace. Germany itself started the process in 1933 when an enlightened democracy suffered the sudden concentration of power into an ideologically driven central state. Mania followed.  Austria, Czechoslovakia, Poland, Norway, France, Denmark, Belgium, Luxembourg, and the Netherlands all fell to Hitler.

By Christmastime 1940, Britain stood alone against the evil which had consumed Europe.

Hitler aimed to break England’s will. He wanted England to be content with Nazi control of continental Europe.

On December 29, 1940, fire was his weapon of choice.

The Luftwaffe’s air war over England had raged for months. Londoners had grown accustomed to the wail of air raid sirens and nights sleeping underground in tube stations. The Blitz first focused on military targets, then strategic targets, and then conventional bombings which affected civilian areas.

But on the night of December 29, Hitler attempted to terrorize and eradicate the civilian population of London with a gruesome deliberateness he would also employ against continental Jews.

London was under blackout orders, so Hitler’s first wave of bombers enjoyed the use of two radio beacons beamed from France. When the beams intersected, the bombers were over their targets – the civilian, publishing, and garment industry neighborhoods of East London.

Instead of explosions, Londoners heard the dull thuds of objects hitting rooftops.

No explosions, just thump, thump, thump, thump, thump.

These were incendiaries hitting rooftops then igniting. Over the next few hours, waves of German bombers dropped over 10,000 incendiaries and created a firestorm that destroyed London all around St. Paul’s. Waves of bombers followed through the night, dropping conventional bombs and blasting the firemen battling the firestorm the incendiaries started.

London firefighters, including Leonard Rosoman, battled the fires all around St. Paul’s. Rosoman would later paint images of firefighters he knew dying that night, some of which now hang in the Imperial War Museum.

Falling Wall, Imperial War Museum

Rosoman, Falling Wall, Imperial War Museum

But it was futile. The devious Nazis had timed the attack to coincide with low tide on the Thames, limiting the supply of available water. The fire created wind, and the wind created a firestorm.

Realizing that nothing could extinguish the firestorm, Prime Minister Winston Churchill gave the order: “Save St. Paul’s!”

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Judicial Watch has filed a motion to intervene as defendants in the Justice Department’s challenge to photo voter identification requirements. Here is the memorandum supporting intervention. It is worth a read to understand some of the legal issues at play in the DOJ’s attack on voter integrity laws nationwide. Bob Popper, formerly a colleague of mine at the DOJ Voting Section, is on the brief.

Popper

Popper

The most interesting aspect of the brief is how Judicial Watch uncovered collusion between radical leftist groups and the administration to attack voter integrity laws around the nation. Indeed, the brief notes:

On July 29, 2013, a group of political activists attended a meeting at the White House with Attorney General Holder, Labor Secretary (and former Assistant Attorney General for Civil Rights) Tom Perez, and President Obama. Those attending included representatives from the ACLU, the NAACP, and the Rev. Al Sharpton. Mr. Sharpton told an interviewer for MSNBC that, based on what he heard at that meeting, he expected action regarding North Carolina “when this governor signs the bill.”

Judicial Watch is on to something. Al Sharpton had been telegraphing pending DOJ actions against election integrity laws for months after this meeting. This means that the Justice Department and administration are alerting left-wing activists about law enforcement actions before alerting defendants. This is the sort of bad behavior that caused the Clinton-era DOJ Voting Section to be assessed millions of dollars in sanctions for collusion with left-wing groups like the ACLU.

It is also the sort of behavior which ended during the Bush years. What is notable about the termination of the behind-the-scenes collusion is how entitled the left felt about the practice. The termination of this collusion from 2001-2009 led the left to go wild in attacking the Bush DOJ, often dishonestly, as Stanford Law Professor Pam Karlan did in a Duke Law journal.

North Carolina must fight DOJ’s attack as a cornered dog would. Queensbury Rules should not apply. This should include seeking sanctions against the Justice Department for colluding improperly with left-wing groups should North Carolina emerge victorious in the case, as were imposed in Miller v. Johnson by a federal court.

Eric Holder’s action against North Carolina is a purely political move. It is designed to alter the outcome of the 2014 midterm elections, nothing more and nothing less. It accomplishes this goal in two ways. First, by mobilizing the far left base of his party. Obama knows that in 2014, as they were in 2012, elections will be won with a mobilized base turned out by cutting-edge data tools, not by compromise and running to the middle. Attacking voter ID mobilizes the base. Second, knocking down election integrity measures makes it more likely illegal votes will aid North Carolina Democrats in the 2014 midterm elections.

Holder is also trying to place North Carolina back under oversight, something his Democrat friends and one Republican friend in Congress are also attempting to do.

As usual with this administration, the North Carolina attack on voter ID is all about power. Holder lost it. Holder wants it back.

Department of Justice Inspector General Michael E. Horowitz has published a memorandum to Attorney General Eric Holder and Deputy Attorney General James Cole about “challenges” facing the Justice Department. Among the list of challenges: misconduct and malfeasance by DOJ employees and units which PJ Media has been reporting about for years.

That these instances of misconduct were included in Horowitz’s report infers that Holder’s Department has either taken inadequate action to address the behavior, or has taken no action at all. Based on what sources inside DOJ are saying, I suspect the latter.

The report provides material which senators on the Judiciary Committee — such as Jeff Sessions (R-AL), John Cornyn (R-TX), Mike Lee (R-UT), and Ted Cruz (R-TX) — may use to probe Assistant Attorney General for Civil Rights nominee Debo Adegbile in his confirmation hearing. Below, three of the issues raised in the report:

1. Partisan Enforcement of Voting Laws

The IG report states:

The non-ideological, non-partisan enforcement of law is fundamental to the public’s trust in the Department. Yet in a recent report assessing how the enforcement priorities of the Voting Section of the Civil Rights Division have changed over time and whether the voting rights laws have been enforced in a non-discriminatory fashion, the OIG identified issues in the handling of a small number of cases that the OIG believed risked undermining public confidence in the non-ideological enforcement of the voting rights laws.

PJ Media reported years ago that the Obama administration brings lawsuits attacking voter ID but brazenly refuses to enforce other voting laws, such as Section 8 of the National Voting Registration Act — which requires states to maintain clean voting rolls. This policy was announced in my presence when I was at the DOJ by then-Deputy Assistant Attorney General Julie Fernandes. (She now works for George Soros’ Open Society Foundations, doling out his billions to leftist groups to further undermine election integrity.)

Texas, South Carolina, Georgia, Florida, and North Carolina have felt the full weight of DOJ attacks on election integrity measures in those states. In the years that we have been reporting on this cherry-picking policy, not a single case has been brought by DOJ to clean up voting rolls. Indeed, sources report that DOJ Voting Section Chief Chris Herren rushed out letters to states asking questions about corrupted rolls after our reports were published. But this was window dressing, disguising the real policy of inaction. Not one single case has been brought by DOJ since Obama’s inauguration in 2009.

In the 2012 election, over four million ineligible voters were on state rolls.

Leftists defending this corrupt inaction called it “prosecutorial discretion.”  The inspector general — appointed by President Obama — apparently disagrees with their dismissal of the matter. Will Debo Adegbile finally bring a Section 8 case to clean up rolls?

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Nelson Mandela and the Rule of Law

December 7th, 2013 - 6:22 am

I had this to say about Nelson Mandela in my book Injustice and will say it again.

The empowerment of formerly oppressed people often creates a volatile situation where much can go wrong and much can go right. In those situations, there is a natural human instinct toward vengeance and retribution that must be controlled by the law. In the transition from white rule to black rule in Zimbabwe, we find a stark example of what happens when the law fails to control these instincts—legally sanctioned terror against the white minority, gangsterism, and economic collapse. We find a counter-example in South Africa, where Nelson Mandela presided over a peaceful transition from apartheid that, though imperfect, was marked by adherence to the law and full legal protections for all races.

In some American counties, as the black majority became empowered after passage of the Voting Rights Act, new political leaders emerged who sought racial payback. While they did not unleash wanton violence on the scale of Zimbabwe, the same sense of racial animus animated their cause.

I highly recommend listening to Joel Pollack on with Mark Levin talking about Mandela for some keen insight into the man.

Despite the sequester, the Department of Homeland Security has just completed a hiring blitz of attorneys to oversee and manage immigration litigation.  Almost all of these new civil service attorney hires hail from an activist pro-amnesty and pro-asylum background.  Sources within the Department of Homeland Security report that the process for hiring these new career civil service lawyers was unconventional and was conducted by an Obama political appointee within DHS.

The new attorneys have activist backgrounds with a variety of pro-amnesty groups such as the Mexican American Legal Defense and Educational Fund (MALDEF), the Advancement Project, and open borders groups funded by the Tides Foundation.

PJ Media previously reported on attorney hires within the Justice Department Civil Rights Division in the Every Single One series.  That series demonstrated that every single attorney hire had a leftist or Democrat activist pedigree. The Department of Justice Inspector General criticized those DOJ hiring procedures as producing ideological outcomes.  PJ Media only obtained the resumes of DOJ hires after this publication was forced to sue Eric Holder in federal court under the Freedom of Information Act.

Now, sources inside DHS have provided PJ Media with the employment history and pro-amnesty backgrounds of the newly hired lawyers who will be enforcing federal immigration laws.

The ideological histories of these new DHS lawyers undermine confidence that the federal government will vigorously enforce federal laws, notwithstanding any congressional “mandates” to do so.

These lawyers were hired through unconventional means by former DHS chief counsel for Citizen and Immigration Services Stephen Legomsky.  Sources at DHS report that when Legomsky was hired by Secretary Janet Napalitano’s Department, he was not even an active member of any bar association.  After resigning in October 2013, Legomsky is now a professor of law at Washington University.  His scholarship is most notable for its hostility toward barriers to entry for foreigners coming to the United States.

Here are the backgrounds of the new lawyers hired at the DHS in the recent hiring blitz:

Blumeyer-Martinez

Blumeyer-Martinez

Kristy Blumeyer-Martinez is a new attorney in the DHS Office of the Chief Counsel. Prior to joining OCC, Kristy served as law clerk to the Mexican American Legal Defense and Educational Fund in San Antonio, Texas, and RAICES in San Antonio, Texas. In law school, she also clerked with the UC Davis Immigration Law Clinic and Sacramento Child Advocates/Children’s Law Center. She also worked at American Gateways, Refugee Services of Texas, and Caritas of Austin.

Cantor

Cantor

Esther Cantor was hired into the refugee and asylum law division as an associate counsel at DHS headquarters in Washington, D.C.. She participated in the Immigration Clinic and volunteered with the Capital Area Immigrants’ Rights Coalition, an open borders organization.

Flores

Flores

Nicole Flores is a new DHS lawyer in Chicago. She graduated from Harvard Law School, where she worked at the Harvard Immigration and Refugee Clinic and served as the co-president of the Harvard Immigration Project, an organization dedicated to ensuring foreigners get to stay in the United States. She was also a legal intern at the leftist open borders organization LatinoJustice-PRLDEF. According to DHS sources, there she worked on project to badger businesses who implemented  English-only rules in the work place.  Before law school, she was a volunteer activist at a “workers’ rights” organization in Madison, Wisconsin.

Fricker

Fricker

Erin Fricker is a new DHS lawyer formerly employed by Lutheran Social Services of New England, where she was a staff attorney representing detained foreigners attempting to stay in the United States.  While in law school, Erin participated in the Boston College Immigration and Asylum Project as an immigration clinic student.

Grossman

Grossman

New DHS lawyer Elizabeth Grossman established her Obama-era ideological bona fides by serving on the executive board for the University of Michigan Law School chapter of the American Constitution Society for Law and Policy, a leftist law school student group.

Gunter

Gunter

Elizabeth Gunter’s resume includes a stint in the Obama-era DOJ Attorney General’s Honor Program after graduating from Washington University, the same law school where Legomsky, the person doing the hiring at DHS, was a professor while Gunter was a student.

Heidelberg

Heidelberg

Cindy Heidelberg comes from the same Holder-era Attorney General’s Honor Program, after a long activist background with open borders groups.  Cynthia graduated from Georgetown Law in 2011, earning a J.D. with a certificate in “Refugees and Humanitarian Emergencies.” During law school, she interned at the Southern Poverty Law Center’s Immigrant Justice Project, the ACLU National Prison Project, and the AARP Litigation Foundation.

Hicks

Hicks

Celia Hicks is a new lawyer with the Litigation and National Security Coordination Division in Washington, DC. She served as Protection Fellow for the United Nations High Commissioner for Refugees and previously worked for the Legal Action Center of the American Immigration Council, an organization notoriously hostile to Border Patrol agents.

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