WP: Justice Staff Saw Texas Districting As Illegal

[kskiska]

Voting Rights Finding On Plan Pushed by DeLay Was Overruled

Friday, December 2, 2005; Page A01

Justice Department lawyers concluded that the landmark Texas congressional redistricting plan spearheaded by Rep. Tom DeLay (R) violated the Voting Rights Act, according to a previously undisclosed memo obtained by The Washington Post. But senior officials overruled them and approved the plan.

The memo, unanimously endorsed by six lawyers and two analysts in the department's voting section, said the redistricting plan illegally diluted black and Hispanic voting power in two congressional districts. It also said the plan eliminated several other districts in which minorities had a substantial, though not necessarily decisive, influence in elections.

"The State of Texas has not met its burden in showing that the proposed congressional redistricting plan does not have a discriminatory effect," the memo concluded.

The memo also found that Republican lawmakers and state officials who helped craft the proposal were aware it posed a high risk of being ruled discriminatory compared with other options.

more…
http://www.washingtonpost.com/wp-dyn/content/article/2005/12/01/AR2005120101927.html

[texpatriot2004]

1. Revoke the GOP Culture of Corruption's Redistricting plan in TX

Put DeLay behind bars where he belongs.

[Judi Lynn]

12. Those lines need to return to their pre-redistricting positions.

Why should they get by with their crimes? Surely there's room in the legal system for actual justice.

[0007]

2. The smile on Tom DeLay is slowly disappearing.

[zapp]

4. Love it! WCW tagline!

http://ncworldcantwait.thetruthis.us

[0007]

14. Yes, and it will happen that the good folks will march junior right into

The Hague.

World Can't Wait is organizing people living in the United States to take responsibility to stop the whole disastrous course led by the Bush administration. We seek to create a political situation where the Bush administration's program is repudiated, where Bush himself is driven from office, and where the whole direction he has been taking U.S. society is reversed.

We seek to mobilize millions to express their outrage, to speak the truth, to act with urgency and form an organized political resistance. We welcome any individuals and groups who agree that the Bush Regime should be driven out, whatever their political party affiliation or lack thereof. We reach out to people who have been fooled by Bush, and to those who have been most seriously affected by the outrages inflicted by the Bush Regime.

The Jack Abramoff will bring Jesus right out of the woodwork or Mosses.

ABRAMOFF’S SCANDAL PARTNERS INCLUDE BUSH PIONEERS, THE MOB, U.S. DEFENSE CONTRACTORS, AND "PROFESSIONAL CHRISTIANS"

http://www.madcowprod.com/10272005.html

Bookmark this link.

[Independent_Liberal]

48. Yes, we will make it happen.

Peace bro.

:)

[Broken_Hero]

46. hopefully that smile, is turning

into a smirk as "bubba" takes advantage of him...but knowing how delay is, he is probably going to smile more, when bubba takes advantage...:)

[Spinzonner]

3. Politics over Principle

GOP SOP

[banana republican]

5. You mean Delay crappped on texas????.

OHHHHH for shame................

[Rose Siding]

6. From NPR in Oct: Career Lawyers Leaving Justice Department

So the Bushists have driven away lawyers, economists, scientists and the diplomatic corps. Guess that's one way to get down to bathtub size :grr:

http://www.npr.org/templates/story/story.php?storyId=4946744

Morning Edition, October 6, 2005 · Tension has been growing between career lawyers and political appointees in the Justice Department's Civil Rights Division, according to some longtime career attorneys who have recently left the division. Now the Senate Judiciary Committee is holding confirmation hearings for a new leader of the politically sensitive group.

Some career professionals who have left the Civil Rights Division say they left because they were shut out of the decision making process in a way that did not occur under previous administrations.

A spokesman for Justice says that there is no split between political appointees and career lawyers. He points to the division's recent accomplishments in disability rights and human trafficking prosecutions as proof of it's effectiveness.

And this...

http://www.washingtonpost.com/wp-dyn/content/article/2005/11/12/AR2005111201200.html

Civil Rights Focus Shift Roils Staff At Justice

By Dan Eggen
Washington Post Staff Writer
Sunday, November 13, 2005; Page A01

The Justice Department's Civil Rights Division, which has enforced the nation's anti-discrimination laws for nearly half a century, is in the midst of an upheaval that has driven away dozens of veteran lawyers and has damaged morale for many of those who remain, according to former and current career employees.

Nearly 20 percent of the division's lawyers left in fiscal 2005, in part because of a buyout program that some lawyers believe was aimed at pushing out those who did not share the administration's conservative views on civil rights laws. Longtime litigators complain that political appointees have cut them out of hiring and major policy decisions, including approvals of controversial GOP redistricting plans in Mississippi and Texas......

[Up2Late]

55. You should here today's report on this, our...

..."so-called" U.S. Attorney General Alberto Gonzales, made as statement on this to the NPR reporter, but he would NOT allow his voice to be broadcast for this story! And most of the comments by the current ReThugs interviewed for this story are absolutely infuriating! :mad:

Senior Justice Officials Approved Texas Redistricting Plan

Listen to this story...(at link above)
by Ari Shapiro
All Things Considered, December 2, 2005 · Justice Department lawyers concluded that Texas' landmark redistricting plan violated the Voting Rights Act. But senior officials at the Justice Department overruled them and approved the plan, which was spearheaded by former House Leader Tom DeLay.
<http://www.npr.org/templates/story/story.php?storyId=5036600>

[paineinthearse]

7. DU researchers, here is my "challange"

Find the post from January where Nancy Pelosi said that she would be wholdheartedly fighting this decision. (Or was it the DNC?)

PM me when you have it.

[Angry Girl]

8. So now what?

[DeaconBlues]

35. that's what I want to know

What legal actions can be taken/have been taken to correct the situation and bring the perps to justice?

[Nothing Without Hope]

9. K & R - would love to see DeLay charged with deliberately violating

Voting Rights Act.

[fearnobush]

10. More Indictments Please... Voting Rights Act?

GOP is RACIST!!!!

<><>

[aquart]

11. Who gave them the memo?

Sounds like rebellion in the ranks.

[Melissa G]

28. I think this is the second time this came out.

I remember hearing about it on the floor during the re redistricting hearings. May have been from someone giving testimony.. may have been from an article in the NYT.

I'm not thinking this is really new news but I'm glad it is getting national attention.

[sonias]

45. I think you're right Melissa

I think our TX Democratic lawyers fighting the the case were getting news, maybe unofficial leaks, that the plan did not look legal. They had every reason to believe that DOJ was going to do their job and kick the plan out. Technically they did just that. It was the bu$h crony political appointees who rammed the plan through anyway - because they are absolutely corrupt.

The only news now is that someone, maybe one of those 6 lawyers is leaking that memo now as proof. I say bless the person! This kind of whistleblowing is exactly why journalist protect their sources. It keeps the government honest. And we need a million whistleblowers inside this regime to try to keep tabs on the level of corruption.

Sonia

[Melissa G]

47. Hi Sonias! That testimony is legal record and I am remembering

names were dropped and maybe even the document was presented. This was something i remember as fact, not rumor. Maybe one of our buds with connections to the lawyers.. You know, I'm thinking Richard Raymond was the source of this info.. Anyway, Let's email Richard!
Since he's running for office.. He's bound to want to comment!

[LynneSin]

13. Right now most important thing: PUT THOSE DISTRICTS BACK

There is plenty of time if they do it now to put back the districts in Texas to the first redistricted plan that was decided after 2000 (Pre-Tom Delay).

There has been a gross injustice to millions of people in Texas who have been redistricted so that minorities did not have fair represenation because minorities usually favor democrats.

When the Texas State Legislature couldn't agree on a redistricting plan after 2000, it went to the courts and it was remapped. That is the maps that should be used because it was fair and impartial.

With another 12 months until the election for those seats there is plenty of time to put the map back the way it was and change the elections (send the bill to Tom Delay since he fucked it up in the first place)

Edit Note: This is also good because we get back those 5 seats stolen from us.

[acmejack]

15. Ain't going to happen

Unfortunately (as I happen to live in one of those districts), nothing will change with the map. We plan to put our guys in despite this little obstacle.

[JPZenger]

16. Maps of Delay Re-Re-Districts

Remember that the ONLY reason the GOP picked up seats in the House in 2004 was because of Delay's re-re-districting, using illegal corporate money. He also was censored for using the Department of Homeland Security to try to track down the Democratic State legislators who left Texas to try to stop the plan.





While we are on the subject, here's a couple districts that were created by Republicans in Pennsylvania.

[LynneSin]

21. Pennsylvania is about to boot out incumbants because of the payraise

WHich means more democrats and less republicans

[Freddie Stubbs]

31. Voters may take it out on Democrats just as much as Republicans

Two Supreme Court Justices were up for retention last month. The Republican kept her seat but the Democrat lost her election. there are rumors that Rep T. J. Rooney, who is also the chairman of the state Democratic party, may not run for reelection.

[LynneSin]

39. True but consider this with the house

There are more republicans than democrats. And there were more democrats (although not all of them) that didn't support the payraise. SO even if we go with the basic assumption that "if you voted for the pay raise you'll lose your job" the net change would benefit democrats.

Which is good because this could affect Rendell and I'd like to keep him as governor.

[spinbaby]

22. I live in District 18 in PA

I have a Washington, PA zip code but instead of voting with Washington, I vote with Greensburg which is 40 minutes down the interstate. I deeply resent it.

[Nordmadr]

17. Ok, so minorities maintained a majority in 11 districts,

but to what degree did they maintain it? Did they go from being 65% majority in some districts down to say 52%?

Were minority populations split so as to mix different minority populations within a district so that you could say they maintained a majority, but may have different political issues within each minority demographic, splitting candidate support?

Ex.

sample district

pop. break down
white - 45%
hispanic - 40*
african american - 10%
other - 5%

As it exists, this district would have a very strong hispanic vote, and have what would likely be considered a 55% minority majority)

after modification:

white - 48%
hispanic - 23%
african american - 22%
other - 7%

This scenario greatly weakens the hispanic voting block, adds slightly to the white vote, and moderately strengthens the black vote, again as prior to modification, the largest population group in this district is actually white, but the TOTAL minority population is still the majority collectively, 52%.

Assuming voting splits to some extent in the minority populations, it would now seem very difficult to overcome what would likely be a very strong conservative republican white vote.

...and there you have minority voter suppression.

Redistricting procedures are a scam. Legislators are constantly involved in the process, though they shouldn't be. They only work to strengthen their party and the district to which they are incumbent. Just plain crooked.

Olaf

[texanshatingbush]

20. Minorities aren't the only ones to suffer

And, of course, another consequence is that the re-crafted districts become "safe" districts for the Rethug incumbents. Meaning they don't have to listen to or represent anyone other than their "base". Meaning "compromise" becomes a "quaint" and outmoded concept. Meaning 49% of the country is not listened to or represented by their nominal representatives in Washington.

....and we're trying to export "democracy" to the rest of the world???

[Laura PourMeADrink]

18. So who ignored the memo? Has anyone named names on

who the Justice officials were?

[VaYallaDawg]

19. Betcha those names will never see the light of day.

[Laura PourMeADrink]

29. well, this all happened under Ashcroft's reign of terror, right?

[deminks]

36. Sheldon T. Bradshaw?

(snip from OP)

Hebert said the Justice Department's approval of the redistricting plan, signed by Sheldon T. Bradshaw, principal deputy assistant attorney general, was valuable to Texas officials when they defended it in court. He called the internal Justice Department memo, which did not come out during the court case, "yet another indictment of Tom DeLay, because this memo shows conclusively that the map he produced violated the law."

[deminks]

41. Oh, yeah! Sheldon T. Bradshaw! Here is more info

It seems that Mr. Bradshaw has moved from Justice to chief counsel for the FDA.

http://www.law.com/jsp/article.jsp?id=1127133335154&rss=newswire

The previous chief counsel at the FDA, Daniel Troy, was pilloried by critics who slammed his close ties to the drug industry. Troy made a name for himself suing the agency on behalf of drug and tobacco companies before moving to the government agency early in the Bush administration.

Bradshaw, who came to the FDA as chief counsel from the Justice Department in April, has escaped that kind of scrutiny, largely because he hasn't had those corporate relationships. But that doesn't necessarily mean a new day has dawned.

Bradshaw's move to the FDA -- generally considered a less prestigious agency for government lawyers than the Justice Department -- surprised some of his former colleagues, who describe him as being part of an ideologically conservative group of young leaders in deputy positions at the DOJ.

He also worked in the Office of Legal Counsel, made up of an elite group of lawyers at Justice who advise the executive branch. Among the office's alumni is Troy. Both he and Bradshaw were part of the Bush administration's advance legal teams in 2001.

[RubyDuby in GA]

23. Hey Texas - we feel your pain

Justice lawyers also found GA's new voting laws violate the VRA, but they were overruled by GOP appointees.

[sonias]

24. Glad to see this is making news

It's more bad news for DeLay. More rope to hang him with. He's just a power grabbing criminal, breaking laws everywhere he goes. Of course bu$h crony senior officials backed him up. So bu$h and cheney are culprits as well. The illegal corporate money laundering in Texas that allowed them to win the Texas Legislature, was all part of the plan. This is the most corrupt administration - ever!
:mad:

Sonia

[SF Bay Area Dem]

25. California just rejected this type of conservative nonsense...

... in Arnie's special election (where he literally got his ass handed to him)... the republicans planned on gerrymandering the districts in the exact same way with handpicked white conservative judges drawing the districts. One effective campaign commercial against this was a picture of the re-districting fiasco in Texas with a voice over asking if we wanted California to be another Texas? It was effective.

As for Delay this is yet another nail in his coffin. I agree with the poster above who stated his pathetic smile is slowly being wiped form his face.

[tledford]

26. We know what happened in Texas, but...

just because a district looks weird on a map doesn't necessarily mean anything nefarious.

After the 2000 census, North Carolina picked up a district and a new one had to be drawn (this is the district I'm in).

It looks like:



which is pretty funky, but the Democratic (barely) state legislature specifically had it dip down from the rural counties bordering VA (Republican-leaning) into Greensboro and Raleigh (urban, Democratic-leaning) to keep things balanced.

As far as Texas is concerned, though, this information just confirms what we all knew or suspected, anyway. And may just (hopefully) be another of many nails in DeLay's coffin.

[raysr]

27. Texas should be barred

from voting in Fed elections until they get their house in order.

[AnneD]

33. FYI, raysr

if you bothered to read a bit....many of us fought this tooth and nail. Our brave Dem state reps left town on two occasions to thwart this effort (once to Okla, once to NM) in an effort to block a quorum. The FBI was called (under false pretenses) to drag the reps back. One rep whose wife was in hosp with their premature infant had a sheriff at her door with an arrest warrant should legislative hubby and new dad show up.
They could only stall for so long (it was so hard on the families-they incurred financial and emotional hardship) and once they were in session, the Dem's voted as a block but it wasn't enough. They took it to FEDERAL court and the suit was ruled in favor of the redistricting-even though it violated Texas Law.
NOW, YOU TELL ME, RAYSR AND OTHER THAT ARE QUICK TO TRASH TEXAS----WHAT ELSE COULD WE DO. This was a foreshadowing of what they did at the national level and the tactics they use in Fla prior to the Texas screw job. I see how effective our efforts on the national level have been in preventing and fighting this :sarcasm:. We are just as angry here in Texas as the voters are in Fla and Oh. We will regain control of the Tx legislature in spite of this, mark my words (as will Fla and Oh). This just makes us Texas Dem's even stronger and tougher.
So I will thank you kindly to think before you engage in divisive trash talk.

[efhmc]

50. Must admit that that off the cuff, snide and stupid remark made

my blood boil. Thanks for answering for me and other hard pressed Texas Dems in a rational way.

[MagickMuffin]

51. Now why would you want to punish the voters by disenfranchising us???

The citizens of Texas should not be disenfranchised because of corrupt politicians.

Just by that statement "barring us from voting in the Federal elections", is absurd.

How would you feel if someone said that about your state??

Bush isn't a real Texan he is a Connecticut Yankee, wearing Texas clothing. That doesn't make him a Texan.

We didn't create this corrupt government. But we sure as hell can correct it by our voting power.

We need everyones help in keeping the rest of the states honest, because there has been several other states who are trying the same tactics as the ones forced upon us here in Texas.

I think Texas should hold a special election on the redistricting maps, and allow the voters the opportunity to correct this problem. And it should come out of the GOP coffers, since they were directly involved in this fiasco!

[MagickMuffin]

52. opps posted twice n/t

[Up2Late]

54. Barred? At this point, oh, nevermind.

Grrrrrrrrrrr:banghead: :mad:

[AValdoux]

30. It wasn't just minorities

I live in the TX district that was presented by Charles Steinholm before the redistricting. Steinholm only crime was he was a democrat. He voted on both sides of the aisle though, mostly republican. He did support farm programs and the military but voted republican on social issues. We now have a rookie representative from Lubbock. Abilene was also lumped with Lubbock a larger city so we lost some clout in our own district. Lubbock is now considered the seat of our district. There is no love lost for Delay in areas around Abilene. It will get worse if the Republicans cut farm programs like they say they are.


AValdoux

[tgnyc]

32. Part of an ongoing pattern: Southern states pull some crap,

Bush appointees at the Justice Department overrule analysts who call it illegal. See http://intelligencesquad.blogspot.com/2005/12/no-justice-department.html

[C_eh_N_eh_D_eh]

34. So?

Those who supported the redistricting *knew* it was discriminatory. That's the *reason* they supported it.

[donkeyotay]

37. Did Ashcroft rename it the Dept. of Injustice?

The 73-page memo, dated Dec. 12, 2003, has been kept under tight wraps for two years. Lawyers who worked on the case were subjected to an unusual gag rule. The memo was provided to The Post by a person connected to the case who is critical of the adopted redistricting map. Such recommendation memos, while not binding, historically carry great weight within the Justice Department.

. . .

In their analysis, the Justice Department lawyers emphasized that the last-minute changes -- made in a legislative conference committee, out of public view -- fundamentally altered legally acceptable redistricting proposals approved separately by the Texas House and Senate.

"It was not necessary" for these plans to be altered, except to advance partisan political goals, the department lawyers concluded.

How dare they accuse their opposition of "playing politics" when these fuckers are destroying every Constitutional institution of our government? America's greatest enemy is the crime wave in Washington. How will we recover when even the generals are afraid? Who can we turn to to get our government back? What slimy rock is Ashcroft hiding under these days? I know he was doing lobbying. Somebody interview the PROFESSIONAL CHRISTIAN and ask him how his conscience is.

[VaYallaDawg]

38. He wouldn't know a conscience if it dope-slapped him.

[Judi Lynn]

40. DeLay plan reduced minority voting, Justice staffers say

Posted 12/2/2005 12:13 PM
DeLay plan reduced minority voting, Justice staffers say

WASHINGTON (AP) — Justice Department lawyers objected to a Texas redistricting plan orchestrated by former House Majority Leader Tom DeLay, but top agency officials brushed aside concerns about diluting minority voting strength and approved the plan anyway, according to an agency memo released Friday.
The plan, designed to boost election chances of Republican candidates for the U.S. House, was approved by the Justice Department and the new districts were used in the 2002 elections.

Of the state's 32 House seats, Republicans held 15 before the 2002 elections. Under the DeLay-backed plan, Republicans were elected to 22 of the state's seats in the House.

The redistricting plan has been challenged in court by Democrats and minority voting groups claiming it was unconstitutional and that district boundaries had been illegally manipulated to give one party an unfair advantage. The Supreme Court is expected to announce soon whether it will consider the case.

"The Supreme Court is our last hope for rectifying this gross injustice. We couldn't count on the (lower) court. We couldn't count on the state, and we obviously couldn't count on the politically corrupt Justice Department," said Gerry Hebert, an attorney representing the challengers.
(snip/...)

http://www.usatoday.com/news/washington/2005-12-02-texas-redistricting_x.htm

[ClintonTyree]

42. Texas politics

There isn't another State in the Union that comes close to the amount of crookedness and wanton disregard for voting rights as Texas. Florida would be number two on the list but they look like rank amateurs compared to Texas.
I hope our progressive Texans can do something to clean politics up in that State. It's REALLY out of hand!

[texpatriot2004]

49. I can't wait to get out of Texas and leave these crooked rat-

bastards behind.

[Tight_rope]

43. Damn...fucking politics...

[WhiteTara]

44. this is very important

because Alito doesn't believe in the believe in voter rights. He has to be stopped from from an appointment to the SC.

[BenDavid]

53. bush knew!

Bush knew that 11 soldiers were killed in Iraq before he went into the rose garden to give some good news on the economy Friday morning. As you will recall he did not mention it. 26 minutes later after his speech the news broke to the press. McCellan said bush knew before he gave the speech....