Anatomy of a Beltway Smear Campaign
By HANS A. VON SPAKOVSKY
May 20, 2008; Page A23
During the past two years, while my nomination to the Federal Election Commission was pending – and before I withdrew last week – friends would call whenever the latest newspaper story or blog post attacking me was planted by political operatives and left-wing advocacy organizations.
They always asked the same question: Why was I putting up with the character assassination that has become the norm in Senate confirmation battles whenever a conservative is nominated for public office?
In 17 years of practicing law I'd never been accused of ethical or professional lapses. Since my arrival in Washington, however, I've been called corrupt and unethical, and labeled as everything from a Klansman to a Nazi (my last name seems to generate that latter pejorative) for my work at the Department of Justice.
All of these charges were levied because I dared to take a different view of the law than the political left in the area of civil rights, voting and election law. Those outside Washington cannot conceive how far advocacy organizations, party activists and congressional staffers are willing to go to personally destroy anyone who doesn't agree with their political agenda.
In 2001, I joined the Justice Department as a career lawyer in the civil rights division. True enough, I had been warned the division was a cauldron of left-wing political activism. In fact, in a 1990s redistricting case, a federal judge criticized the career lawyers of the division for behaving like the in-house counsel of the ACLU. He said that "the considerable influence of ACLU advocacy on the voting rights decisions of the United States Attorney General is an embarrassment."
The reputation of the division was well-deserved. From the very first day on the job it was clear that my new colleagues were offended by my presence. Indeed, I eventually learned from a few friendlier lawyers in the division that it was a miracle I had been hired: The career staff would discard qualified applicants if they saw anything that suggested conservative leanings.
A number of former career lawyers in the division very publicly criticized my nomination to the FEC in 2006. Their criticisms were trumpeted by the media. While the stories always portrayed these critics as "nonpartisan" professionals, nothing could be further from the truth.
The legal work I saw from these and other lawyers in the division was distorted by politics and partisan policy views. They often misrepresented the facts and applicable law in order to manipulate the division's political appointees.
Take, for example, a Mississippi case in which the Justice Department ultimately won a judgment against local officials for blatant and intentional discrimination to deny voters their right to vote. The chief of the voting section, Joseph Rich, deleted the recommendation to file a lawsuit from the original memorandum prepared by the investigating attorney that summarized the case. Why? Because this case involved discrimination by black officials against white voters. According to lawyers involved in the case, Mr. Rich did not believe the Voting Rights Act should be used to protect white voters against racial discrimination.
In a 2003 Texas redistricting controversy, the recommendations of Mr. Rich and his lawyers to object to the Texas plan exactly paralleled the claims of the attorney representing the Democratic plaintiffs in a later lawsuit against the state. The attorney was formerly in the civil rights division of the Justice Department.
I opposed their objections, because they were clearly wrong under the facts and the applicable law. A federal court had already determined that under the Voting Rights Act there were only eight protected majority-minority congressional districts in Texas. Mr. Rich and his colleagues tried to claim that there were 11. But the claims were specious, and were only put forth to help the Democratic Party.
I have been relentlessly attacked over the past two years for my stance in that Texas redistricting controversy, and for the Justice Department's preclearance, under the Voting Rights Act, of a voter ID law from Georgia. But the Supreme Court and other federal courts have made it quite clear that the Justice Department reached the correct legal conclusion in both cases. The opinions of the career lawyers in those cases were rejected for good reason; as I held all along, they were legally wrong.
I explained all of this in great detail in materials I provided to the Senate after my confirmation hearing in June 2007. No matter; the reasoned – and undisputed – legal explanation was ignored by the left, the media and the Democratic Senators trying to stop my confirmation. Yet I am still being called a racist and a "vote suppressor" because I agree with the Supreme Court on the constitutionality of voter ID laws.
The Bush administration filed more voting-rights lawsuits in its first five years than the Clinton administration filed in its last five years. And we did so without having over $4 million in attorneys' fees levied against us for filing frivolous discrimination claims, as occurred during that administration.
I do plead guilty to this: bringing to the attention of superiors at the Justice Department the legal manipulations of ideologues in the Civil Rights Division who passed themselves off as professional civil servants while carrying water for their friends and allies in left-wing organizations like the ACLU. Had I kept silent, I would likely be in a far different position than I am today. But I did not, and those I butted heads with have their revenge.
My own hard feelings will pass. But the political system has been damaged once more by the poisonous tactics of the left, and there is no reason to think that the whole sorry spectacle will not be repeated again and again and again. So long as such tactics are accepted and even encouraged by politicians and the media, it will become harder and harder to find ordinary citizens willing to submit to the character assassination that now passes for our confirmation process.
Mr. Spakovsky was a recess appointee on the Federal Election Commission and a career counsel to the Assistant Attorney General for Civil Rights at the Department of Justice.
online.wsj.com |
