Delay's redistricting plan was illegal - Texas Memogate

[deminks]

http://www.chicagotribune.com/news/nationworld/chi-0512020160dec02,1,1991290.story

Federal lawyers overruled on DeLay-led remapping

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


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.

But the Texas Legislature proceeded with the new map anyway because it would maximize the number of Republican federal lawmakers in the state, the memo said. The redistricting was approved in 2003, and Texas Republicans gained five seats in the U.S. House in 2004.

The 73-page memo, dated Dec. 12, 2003, has been kept under wraps for two years. Lawyers who worked on the case were subjected to an unusual gag rule. The memo was provided to The Washington Post by someone connected to the case who is critical of the outcome.

[SCDem]

1. I've read this but still don't really understand

How can the legislature overrule the Justice Department? The President can't overrule the SCOTUS.

If it was just a memo then that is good... let's go to court and use that as evidence.

[deminks]

4. I think that this memo was hidden.

Externally, the Justice Department approved Hot Tub's plan and hid this internal memo, if I am reading this correctly.

(snips)

One of two DeLay aides also under indictment in the case, James Ellis, is cited in the Justice Department memo as pushing for the plan despite the risk that it would not receive "pre-clearance," or approval, from the department. Ellis and other DeLay aides successfully forced the adoption of their plan over two other versions passed by Texas legislators that would not have raised as many concerns about voting rights discrimination, the memo said.

Hebert said the Justice Department's approval of the plan, signed by Sheldon Bradshaw, then 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."

(end snips)

[acmejack]

7. The redistricting scam was patently illegal

Off year redistricting at that. The damage that has been caused by those five extra republicans is worth wondering about. Possibly a research item sometime.

Some repercussions for the whole gang would certainly be welcome. It would be worth a moral victory if nothing else.

[SCDem]

9. What I don't understand is why it's still redistricted that way if it is

illegal?

Why is there not more talk about this? I just don't understand. If it is illegal shouldn't we be hearing about that instead of Happy Holidays vs Merry Christmas?

[unblock]

10. hmm, let's see. texas lege? banana republican.

texas governor? banana republican.
u.s. attorney general? banana republican.
u.s. justice department? banana republican.
u.s. supreme court? banana republican.
u.s. house? banana republican.
u.s. senate? banana republican.

hmm. can't see for the life of me why the powers-that-be wouldn't scrap a plan that gives them more seats in congress....

i mean, everything about them screams fairness and integrity....

:sarcasm:

[Swamp Rat]

2. We need to recall the four that were elected.

They gained their seats illegally, and are therefore illegitimate.

[babylonsister]

3. If anyone has a link to view this entire article, I'm all eyes. nt

[deminks]

5. Here is a link

from the San Francisco Chronicle

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2005/12/02/MNGQUG1E2G1.DTL&feed=rss.news

[babylonsister]

6. Thanks! I have to put this in the TX forum if you haven't already.

This is powerful stuff!

[deminks]

8. You are welcome.

The LBN post is on the homepage here at DU now, too.

[RazzleDazzle]

11. Oops, another leak from a disgruntled patriot.

I'm just delighted that it's the Leak Season in D.C.