In a letter send to Reps. Lamar Smith (R-TX) and Frank Wolfe (R-VA), the Inspector General of the Justice Department Glenn Fine indicated that he would open an investigation into "the enforcement of civil rights laws by the Voting Section of the Department's Civil Rights Division". The investigation stems from the actions of DOJ officials following the now infamous voter intimidation case of members of the New Black Panther Party standing outside of a Philadelphia polling location. The original case was decided by a summary judgment when the defendants failed to appear in court, only to have the case withdrawn by Obama Administration officials. RNLA Member and former DOJ attorney J. Christian Adams resigned to become a whistleblower in the case.
Here is what the letter had to say on why the IG was opening the investigation (a scan of the full letter can be found here).
From the letter:
"This review will examine, among other issues, the types of cases brought by the Voting Section and any changes in these types of cases over time; any changes in Voting Section enforcement policies or procedures over time; whether the Voting Section has enforced the civil rights laws in a non-discriminatory manner; and whether any Voting Section employees have been harassed for participating in the investigation or prosecution of particular matters."
The Office of Inspector General was unable to investigate the section previously because the Justice Department's handling of the NBPP falls under the jurisdiction of the Office of Professional Responsibility. Now that the OPR's investigation is coming to a close and being drafted into a report, according to Fine, the OIG can look into the "broader issues that go beyond the Department's handling of the New Black Panther Party litigation."
An investigation would finally shed light on whether the Voting Rights Section has systematically ignored cases in which reverse discrimination could be a factor, as many conservative critics have alleged.
Rep. Lamar Smith, the ranking member of the House Judiciary Committee, had the following statement on the investigation.
In response, Smith issued a statement saying he was "pleased" to learn that Justice Department investigators will be looking into the issue.
"Recent allegations of politicization within the Justice Department raise serious concerns," he said. "In order to preserve equality under the law, we must ensure that the Justice Department enforces the law without prejudice. I look forward to seeing the results of Inspector General Fine's review of this matter."
The Washington Times, in an article published on page A1 above the fold, offered the following on why this investigation, while not only looking at the Philadelphia NBPP directly, is important and long overdue.
For months, Mr. Wolf implored Mr. Fine to investigate the Black Panther scandal. For months, Mr. Fine said it was out of his jurisdiction. Yet it turns out that while he claims no legal authority to review a specific prosecutorial decision, the inspector general asserts he may by law "conduct the broader program review."
This is the same sort of review, from outside the department, that the U.S. Commission on Civil Rights has been attempting, despite an utter and lawless lack of cooperation from Attorney General Eric H. Holder Jr. The poignant point about Mr. Fine's change of heart is that the New Black Panther case was never merely about two menacing thugs standing outside a single polling place. The overdue need for an investigation centers on the broader question of whether the Obama-Holder Justice Department enforces civil rights laws equally in defense of whites and Asians as it does on behalf of blacks or Hispanics. Ample anecdotal and strong circumstantial evidence indicates it doesn't.
We'll be following this investigation and will have more as the investigation commences and of course once the report is released.