Michelle Malkin » Why is the Obama Justice Department protecting New Black Panthers?

Why is the Obama Justice Department protecting New Black Panthers?

By Michelle Malkin • May 28, 2009 11:24 AM

Last week, I called the Justice Department to inquire about an unusual decision they made to dismiss default judgements in a voter intimidation lawsuit the government filed under the Bush administration against the New Black Panther Party.

You remember the case of the menacing NBPP thugs who threatened voters at a Philly precinct. I blogged about it many times since the fall.

The Bush DOJ filed suit against Malik Shabazz and two of the local NBPP radicals who were on site — one with a billy club. None of them filed an answer to the lawsuit, putting them all into default. I am told this is the easiest way to win a lawsuit. But instead of taking the default judgment that DOJ is entitled to against all of the defendants, the department last week dismissed the lawsuit against two out of the three defendants. As Election Journal (which broke the story with exclusive video of the intimidation) notes, one of the individual defendants who was dismissed, Jerry Jackson, “is an elected member of the Philadelphia Democratic Committee and was a credentialed poll watcher.”

According to a legal source familiar with DOJ procedures, dismissing a lawsuit won by default is unheard of.

I contacted one of the DOJ lawyers, Spencer Fisher, who signed his name to the voluntary dismissal order. He referred me to Public Affairs. Spokesman Alejandro Miyar told me that the DOJ dropped the cases against Jackson nutball Malik Shabazz “after careful review.” I asked what new evidence caused the Obama DOJ to make such an unprecedented move. He said he “wasn’t a lawyer” and would try and find out. Good luck with that.

Meantime, the DOJ is apparently bracing for closer scrutiny of the case. Miyar said he was preparing to release a statement to “national media outlets.” Watch how they spin.

***

Flashback:

***
Here’s the text of the order:

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THE UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) Civil Action No. 2:09-cv-0065
)
)
NEW BLACK PANTHER PARTY )
FOR SELF-DEFENSE, an )
unincorporated association, MALIK ZULU )
SHABAZZ, MINISTER KING SAMIR )
SHABAZZ aka MAURICE HEATH, and )
JERRY JACKSON, )
)
Defendants. )
RULE 41(a)(1)(A) NOTICE OF DISMISSAL
NOW COMES the Plaintiff, the United States, pursuant to Fed. R. Civ. P. 41(a)(1)(A) and files this Notice of Dismissal of the above action and states as follows:

1. The Defendants New Black Panther Party for Self Defense, Malik Zulu Shabazz, and Jerry Jackson have not filed an answer or motion for summary judgment. These same Defendants have made no appearance and have filed no pleadings with the Court. Nor have they otherwise raised any other defenses to this action. Therefore, the United State has the right under Fed. R. Civ. P. 41(a)(1)(A) to dismiss voluntarily this action against the Defendants: New Black Panther Party for Self Defense, Malik Zulu Shabazz, and Jerry Jackson.

2. The United States dismisses the claims against these Defendants without prejudice.

3. This dismissal does not extend to Defendant Minister King Samir Shabazz.
Case 2:09-cv-00065-SD Document 17 Filed 05/15/2009 Page 1 of 2

WHEREFORE, the United States, pursuant to Fed. R. Civ. P. 41(a)(1)(A), files this voluntary dismissal and hereby dismisses the instant action against the Defendants New Black Panther Party for Self Defense, Malik Zulu Shabazz, and Jerry Jackson, without prejudice.

Respectfully submitted,
LORETTA KING
Acting Assistant Attorney General
CHRISTOPHER COATES
Chief, Voting Section
ROBERT D. POPPER
Deputy Chief
s/ Spencer R. Fisher
J. CHRISTIAN ADAMS
SPENCER R. FISHER
Attorneys
United States Department of Justice
Civil Rights Division, Voting Section
950 Pennsylvania Avenue, N.W.
NWB – Room 7146
Washington, D.C. 20006
202-305-0015 phone
202-307-3961 fax
spencer.fisher@usdoj.gov
- 2 –
Case 2:09-cv-00065-SD Document 17 Filed 05/15/2009 Page 2 of 2

***

Background:

Obama’s civilian security force: Billy club-wielding security guards at Philly polls

Black Panther intimidation at the polls?; NBPP: “We will be at the polls in the cities and counties in many states to ensure that the enemy does not sabotage the black vote, which was won through the blood of the martyrs of our people”

Meet Philly’s New Black Panther Party leader

Posted in: Race Hustlers

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#709741

On May 29th, 2009 at 3:14 pm, corkie said:

On May 29th, 2009 at 2:47 pm, Ilovemycountry said:

These idiots are perfect for this web site…

Baseless claim.
#709787

On May 29th, 2009 at 4:04 pm, ITookTheRedPill said:

On May 29th, 2009 at 2:47 pm, Ilovemycountry said:

they have black skin and look menacing – you “not an ounce of bigorty in you” people must love this image?

I guess you think there is “not an ounce of bigorty [sic]” in:

“you are about to be ruled by the black man, cracker.”

It’s not the color of their skin, it’s the content of their character.

They, and you, are the bigots. Not us.
#709824

On May 29th, 2009 at 4:45 pm, tiredofit08 said:

wouldn’t protecting the blank panthers be something PETA should be doing?? ok I know, got to throw some humor at this sometimes otherwise I’d go ballastic….
#710262

On May 30th, 2009 at 5:17 pm, chapoutier said:

chap? chap? chap? Funny how our resident legal expert avoids broaching any opinion on this thread. chap, you can still spin this and show us how it was all Bush’s fault for Malik (my brain is scheiss)Shabazzz protecting the poor minority precints and wrongly chrged by the BUSH DOJ.

I think he’s out looking for a job. Looks like he got caught spending his days posting on M/M instead of doing what he was paid for.

OK tweedle dumb and tweedle dumber. I was visiting my father whom I have not seen in a year and spent it watching basketball and fishing for northern pike with him. Shockingly, this seems more important to me than reading this blog and responding to every post.

And nice guess, txvet wrt to my job. I have only mentioned about a million times my wife and I were moving to DC. But I am guessing you have trouble keeping much of anything straight in that bitty brain of yours. I in fact continue to do work for my ex-employer on a contract basis.
#710379

On May 31st, 2009 at 11:09 am, RogerCfromSD said:

Cool. Now I know what to do when Obama’s DOJ files a lawsuit against me for not obeying his unconstitutional laws.
#710497

On May 31st, 2009 at 5:44 pm, sbw999 said:

A default judgment is equivalent to a favorable verdict after trial. Why sue someone if you are not intent on winning that case??? Questions must be asked and answered; this one smells to high heaven. Since the dismissal is “without prejudice”, the government can bring the action again, any time up until the statute of limitations expires.

Can you imagine if the KKK did this at a polling place, the Bush AG took a default judgment and then dismissed the case???? There would be 3 inch high headlines in every newspaper, and the lead story on every msm outlet in the Country. I am sick TO HERE of these bullsh*t double standards.
#751914

On July 23rd, 2009 at 11:30 am, chapoutier said:

..