[Congressional Record (Bound Edition), Volume 155 (2009), Part 24]
[Extensions of Remarks]
[Page 32624]
[From the U.S. Government Publishing Office, www.gpo.gov]




               INTRODUCTION OF THE RESOLUTION OF INQUIRY

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                           HON. FRANK R. WOLF

                              of virginia

                    in the house of representatives

                      Wednesday, December 16, 2009

  Mr. WOLF. Madam Speaker, I rise today to introduce a Resolution of 
Inquiry directing the Attorney General to transmit to the House all 
information relating to the decision to dismiss an important voter 
intimidation case, United States v. New Black Panther Party. The case 
sought to enforce Voting Rights Act statutes against members of the New 
Black Panther Party that threatened Philadelphia voters--both verbally 
and physically--last year.
  This case was inexplicably dismissed earlier this year--over the 
ardent objections of the career attorneys overseeing the case as well 
as the department's own appeal office.
  I regret that Congress must resort to oversight resolutions as a 
means to receive information about the dismissal of this case, but the 
Congress and the American people have a right to know why this case was 
not prosecuted.
  As ranking Republican member of the House Commerce-Justice-Science 
Appropriations Subcommittee that funds the Justice Department, I take 
oversight of the department very seriously.
  I also strongly support voting rights protections. In 1981, I was the 
only member--Republican or Democrat--of the Virginia delegation in the 
House to vote for the Voting Rights Act and was harshly criticized by 
the editorial page of the Richmond Times-Dispatch, and when I supported 
its reauthorization in 2006, I was criticized again by editorial pages.
  Time and again over the last year, the department has stonewalled any 
effort to learn about the decision to dismiss this case.
  I have written Attorney General Holder on six occasions asking for an 
explanation for the dismissal of this case. To date, I have received no 
response from him.
  I wrote the DOJ Inspector General to request a review of this 
decision. He deferred to the Office of Professional Responsibility--
which reports directly to the Attorney General.
  I have written the Office of Professional Responsibility seeking 
information on its investigation. The Office has refused to share any 
information.
  In fact, the only response I have received--from a legislative 
affairs staffer--was woefully incomplete and--in places--inaccurate.
  Two months ago, I met with House Judiciary Chairman Conyers to ask 
for his assistance in obtaining this information, but he has yet to 
take any action. This is a shameful failure to provide necessary 
congressional oversight.
  It is not only Congress that is being stonewalled by the Attorney 
General. The U.S. Commission on Civil Rights has repeatedly sought this 
same information, in fulfillment of its statutory responsibility to 
ensure the enforcement of civil rights law.
  After being similarly rebuffed, the commission filed subpoenas with 
the department for this information as well as to interview the career 
attorneys that handled the case.
  However, we understand that the Attorney General has instructed his 
department to ignore these subpoenas. The nation's chief law 
enforcement officer is forcing these career attorneys to choose between 
complying with the law and complying with the Attorney General's 
obstruction.
  At least one of the attorneys has been compelled to obtain private 
counsel.
  I urge the House Judiciary Committee to report this resolution out 
favorably and to demand that the Attorney General answer the questions 
surrounding this case.
  The career attorneys and Appellate Division within the department 
sought to demonstrate the Federal Government's commitment to protecting 
voting rights by vigorously prosecuting any individual or group that 
seeks to undermine this right.
  This House must not turn a blind eye to the Attorney General's 
obstruction. He has an obligation to answer the legitimate questions of 
the House and the Civil Rights Commission.
  It is imperative that we protect the right of all Americans to vote--
the sacrosanct and inalienable right of any democracy.
  I submit for the record a copy of the resolution that I am 
introducing.

                               Resolution

      Directing the Attorney General to transmit to the House of 
 Representatives all information in the Attorney General's possession 
relating to the decision to dismiss United States v. New Black Panther 
                                 Party.

       Resolved, That the Attorney General is directed to transmit 
     to the House of Representatives, not later than 14 days after 
     the date of adoption of this resolution, copies of any 
     document, memo, or correspondence of the Department of 
     Justice with regard to United States v. New Black Panther 
     Party, or any portion of any such document, memo, or 
     correspondence that refers or relates to--
       (1) any department communications with regard to the case 
     between November 5, 2008 and November 15, 2009;
       (2) any communication with the defendants or the 
     defendants' attorneys between November 5, 2008 and November 
     15, 2009;
       (3) any communication with third-party organizations or 
     individuals between November 5, 2008 and November 15, 2009; 
     or
       (4) any evidence with regard to the dismissal of the case.

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