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Justice's loss of balance?

The department has been tugged to the right under Bush, many say.

THE NATION

March 25, 2007|Tom Hamburger, Times Staff Writer

Nonetheless, the critics tied their allegations to those described by two of the fired U.S. attorneys. David C. Iglesias of Albuquerque, N.M., and John McKay of Seattle have said they felt pressure from Republican officials to prosecute alleged voter fraud in their states.

Both said their offices reviewed the cases and concluded the evidence did not warrant prosecution.


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The White House and Justice Department officials have said some of the fired prosecutors did not adequately pursue voter fraud and other administration priorities.

The complaining former Civil Rights Division employees may be well-intentioned, but their allegations are without merit, the officials said, pointing to stepped-up protection of voters speaking foreign languages. They also cited court decisions that they said generally supported the Justice Department in this area.

Rich, a 37-year department veteran, said a partisan litmus test in hiring and decision-making has undermined a tradition of nonpartisan professionalism in the division.

"Unfortunately, since this administration took office, that professionalism and nonpartisan commitment to the historic mission of the division has been replaced by unprecedented political decision-making," he told the House Judiciary Committee's subcommittee on the Constitution, civil rights and civil liberties on Thursday.

Rich's views were backed by other department veterans who had left the department in recent years. Many, like Rich, have joined civil rights organizations, such as the Lawyers Committee for Civil Rights Under Law, where Rich now works.

"The U.S. attorneys' firing confirmed my view that at the highest levels of DOJ it was decided that politics would play a role in how decisions were made," said Mark Posner, a former civil rights division attorney who contributed to a book-length report released by a civil rights group in Washington last week called "The Erosion of Rights: Declining Civil Rights Enforcement Under the Bush Administration."

The Civil Rights Division veterans focused their criticism on major voting case decisions over the last six years that they say have generally benefited the GOP.

The most recent case concerned a 2005 Georgia law that required voters to provide photo identification. Staff attorneys raised concerns about the law after the Georgia secretary of state supplied data showing that tens of thousands of voters might not have driver's licenses or other prescribed forms of identification. They said the plan could effectively disenfranchise large numbers of black voters.

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