Top 10 Lists

Top 10 miscarriages of the Justice Department

Rarely, if ever, has there been a more politicized Justice Department than the one presided over by Attorney General Eric Holder. Ask yourself this: In which administration have there been more egregious miscarriages of justice than the following list?

1. Challenges voter ID laws

The Justice Department has challenged state voter ID laws, first in South Carolina and more recently in Texas, the first such actions in 20 years. Apparently requiring a U.S. citizen to bring a driver’s license to the voting booth is an onerous infringement on their constitutional rights. Why would the chief law-enforcement office in the nation try to make it easier to engage in voter fraud? Could it be because Barack Hussein Obama is on the ballot this November?

2. Challenges immigration laws

The Justice Department is also challenging immigration laws enacted by states—most notably Arizona’s legislation (hasn’t Mr. Holder heard of the Constitution’s 10th Amendment?) In its brief challenging Arizona’s S.B. 1070, the Justice Department said the law interferes with the federal government’s authority to enforce immigration policy. We didn’t know that the federal government was doing much of anything to control illegal immigration.

3. Fast and Furious outrage

The Justice Department turned a blind-eye to the Fast and Furious gun-running operations, with the weaponry ending up in the hands of deadly Mexican drug gangs, and then obfuscated when Congress reviewed the operation. Allowing guns to cross the border resulted in the murder of Border Patrol agent Brian Terry and some 300 deaths in Mexico. New revelations are still coming, such as the news that one of the chief gun traffickers was questioned and released by Alcohol, Tobacco and Firearms agents.

4. New Black Panther Party dismissal

The Justice Department decided to dismiss charges of violating the Voting Rights Act against three members of the New Black Panther Party, who acted menacingly outside a polling station in Philadelphia in 2008, hurling threats, racial slurs, and brandishing a night stick. The action by the Justice Department prompted a probe by the U.S. Commission on Civil Rights, which heard testimony by J. Christian Adams, who resigned from the department over the issue. Adams said he was instructed by his superiors to ignore cases involving black defendants and white victims.

5. Defense of marriage recusal

The Justice Department served notice last year that it would no long defend the Defense of Marriage Act, which states that the federal government defines marriage to be between one man and one woman. The action, in a letter from the attorney general to congressional leaders, said President Obama had decided that the act, signed into law in 1996 by President Clinton, was unconstitutional. Odd, we can’t seem to find the spot in the Constitution that allows the President to declare a law unconstitutional.

6. Sen. Ted Stevens case bungled

In its pursuit of Sen. Ted Stevens (R-Alaska) on charges he failed to report gifts on his financial disclosure forms, the Justice Department concealed evidence from the defense. A report by a special counsel said there was “systematic concealment of significant exculpatory evidence” by the Justice Department, “which would have independently corroborated Senator Stevens’ defense.” Stevens was found guilty and died in a plane crash before he could be exonerated. Imagine the howls from the mainstream media, if the senator in question had been Ted Kennedy, instead of Ted Stevens.

7. Civilian trials for terror detainees

The Justice Department sought to bring 9/11 mastermind Khalid Sheikh Mohammed to trial in a civilian New York City courtroom, blocks from the World Trade Center site. The action would have afforded Mohammed all the constitutional guarantees of a fair trial, raising the possibility that Mohammed could go free on a technicality despite confessing to involvement in the 1993 and 2001World Trade Center attacks, the Bali, Indonesia, bombings, the murder of journalist Daniel Pearl, and other failed terror plots. The outcry against civilian trials forced Holder to back down, and Mohammed and four co-defendants will now face a military tribunal at Guantanamo Bay.

8. CIA probed

Attorney General Holder re-opened a probe of CIA officials involved in the use of enhanced interrogation techniques on terror detainees. Holder’s action came despite earlier rulings that the interrogations were legally authorized, despite seven former CIA directors asking the probe be shut down, and despite the fact that the interrogations provided valuable intelligence that led to Osama bin Laden’s Pakistani hideaway. Holder later admitted he hadn’t read Justice Department memos that concluded no laws were broken.

9. NYPD probed

When the New York Police Department conducted surveillance operations in the Muslim community—including monitoring members of the Muslim Student Association, which has connections to the Muslim Brotherhood—the Justice Department decided to review the police department. While the NYPD is trying to thwart another 9/11, the Justice Department is siding with Muslim apologists. New York Mayor Michael Bloomberg had the right response to the Justice Department when he said, “To let our guard down would just be an outrage.”

10. Pool fiasco

Justice Department guidelines for compliance with the Americans for Disabilities Act included a requirement for public swimming pools to install a lift that could move the disabled from a wheelchair to the water. As 300,000 public pools faced a March 15 deadline to install the lifts—at a cost of up to $20,000 each—DOJ backed down and issued a 60-day stay of execution in March before allowing lawsuits over the matter. Considering there is not an available number of lifts or installers of the devices for every pool in America, “poolmagedon” will provide the nation’s trial lawyers—major supporters of the Democrats—with plenty of new business opportunities.

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