Rep. Wolf Keeps the Heat on DOJ for Black Panther Dismissal

Published Fri, Dec 18 2009 9:35 AM

Yesterday, Rep. Frank Wolf (R-VA) initiated steps aimed at forcing the Department of Justice to explain why it dismissed a voter intimidation lawsuit against members of the New Black Panther Party for their actions outside of a Philadelphia polling place during last year's General Election. Reps. Wolf and Lamar Smith (R-TX) have been at the forefront of congressional efforts seeking an explanation for the dismissal. Following numerous requests by Wolf and Smith (R-TX), DOJ promised to conduct an investigation and to report its findings. Now, nearly four months since that promise, Wolf and Smith have yet to receive a report. A press release from Wolf's office states:

Wolf . . . announced that he had language inserted in the annual spending bill that funds the Justice Department requiring that its Office of Professional Responsibility provide the results of the investigation it is conducting surrounding the dismissal the case to the House Appropriations Committee.  Wolf, the top Republican on the Commerce-Justice-Science Appropriations subcommittee, and Rep. Lamar Smith (R-TX), the top Republican on the Judiciary Committee, requested the investigation earlier this year.    

Wolf introduced a Resolution of Inquiry on Wednesday and it has been referred to the House Judiciary Committee.  Under House rules, committees must take action on resolutions of inquiry within 12 legislative days.  Wolf's resolution directs the U.S. attorney general to provide Congress will "all information" relating to the decision to dismiss the case.  The committee must vote the resolution up or down.

As you may recall, DOJ voluntarily dismissed the case against two of the Defendants (and secured a worthless injunction against the third) despite the fact that all three Defendants failed to respond to the suit and appear before the court. In addition, the clerk of the court had already entered the Defendants default and career Justice attorneys had filed for default judgments against the three. Reports have it that political appointees ordered the career Civil Rights Division attorneys to reverse course and seek dismissal of the case.

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