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Ben Stein falsely claims no charges in the New Black Panther case

February 01, 2010 11:47 pm ET — 9 Comments

On February 1, Ben Stein falsely claimed that charges were not filed against "a gang of men calling themselves Black Panthers" outside a polling place on Election Day 2008 and that the decision not to prosecute was made by Attorney General Eric Holder. In fact, the Bush administration made the decision to file a civil complaint instead of criminal charges, and the Obama administration did not drop the civil case -- rather, the Justice Department "sought and obtained" the "maximum penalty" against one of the two individuals.

From Stein's February 1 American Spectator post:

During the last Presidential election, a gang of men calling themselves Black Panthers showed up at a polling place in Michigan. They threatened any voter who did not vote for Barack Obama. This was witnessed and documented. (I am suspicious of their involvement with the real Black Panthers, whom I knew well in New Haven, who had a little more finesse along with many, many faults.)

The bullying was barely reported in the media. Even though it is an unequivocal violation of voting rights laws, it was decided by Obama's Attorney General, Eric Holder, not to prosecute the case at all.

[...]

Meanwhile, no charges against those thugs with the clubs at the polling place.

Bush administration chose to file civil complaint, not criminal "charges," against Panthers

Before President Bush left office, the Department of Justice filed a civil complaint asking for an injunction against the New Black Panther Party and some of its members. In a January 19 editorial, The Washington Times reported: "Career lawyers at the Justice Department decided as early as Dec. 22, 2008, to seek a complaint against the two Black Panthers onsite as well as Black Panther National Chairman Malik Zulu Shabazz and the New Black Panther Party as a whole. Mr. Shabazz and the party were charged with having 'managed, directed and endorsed the behavior, actions and statements' of the other two. The Justice Department formally filed the civil action on Jan. 7, 2009, with approval at the highest levels of the department."

DOJ "sought and obtained" "maximum penalty" against one of the individuals

In December 3 testimony before the House Judiciary Committee's Subcommittee on the Constitution, Civil Rights, and Civil Liberties, Department of Justice assistant attorney general Tom Perez testified that "[t]he case was not dismissed," and that the attorneys who reviewed the case "made the determination that, based on the law of the Third Circuit, that the case against the person who wielded the stick, that we should indeed seek the maximum penalty, and that maximum penalty was sought and obtained, and the case against the other defendant should be dismissed, and the case against the national party should also be dismissed."

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    • Author by Bad News (February 01, 2010 11:55 pm ET)
      2 3
      "Bueller", "Bueller", "Bueller"
      Report Abuse
    • Author by rwmacdonald2091 (February 02, 2010 5:37 am ET)
      5 3
      It's really difficult for the right wing to deal with historical things.

      After all January 20, 2001 to January 20, 2009 has to be wiped off the books.
      Report Abuse
    • Author by imconfused (February 02, 2010 7:37 am ET)
      1  
      My God - what an extremely harsh "maximum penalty" - an injunction has been issued that does not allow the New Black Panther to brandish a weapon near a polling place in Philadelphia for 4 years.
      I'm glad to see that the Justice Department is really looking out for the voters.
      Report Abuse
    • Author by Dradeeus (February 02, 2010 9:22 am ET)
      4 1
      I guess MMFA wins Ben Stein's money, this time.
      Report Abuse
    • Author by MickD (February 02, 2010 11:10 am ET)
      2  
      CBS Sunday Morning, a pleasant magazine show, always ruins the mix when Benjy rears his advo-torials. It's always slobberingly pro-business, anti-Dems when necessary and a waste of time. None of the other "columnists" on the show (Mo Rocca, Nancy Giles) are nearly as partisan. It's that fake "balance" again.
      Report Abuse
    • Author by ScienceBuff (February 02, 2010 11:24 am ET)
      3 2
      What is really pathetic is those who think that the episode was really a case of voter intimidation. That precinct went about 90% to Obama, which was consistent with its voting patterns in previous elections. If you're trying to intimidate voters for the other guy, you don't put your efforts into a location where they won't have any noticeable effect.

      This was clearly more of a case of macho braggadocio, more than voter intimidation. Regardless, his actions did violate the laws and the punishment he received was warranted. It's just dishonest that the episode is being portrayed as some coordinated effort to sway the election.
      Report Abuse
    • Author by tharri874 (February 02, 2010 11:24 am ET)
      2 2
      It's amazing to see all this ongoing, histrionic, distorted national coverage of one guy holding a nightstick (the other was poll watcher and was there legally) in front of a polling place for a few minutes until a police officer escorted him off the premises.
      Report Abuse
    • Author by tharri874 (February 02, 2010 11:33 am ET)
         
      Stein also got the location wrong. The incident happened in Philadelphia, PA, not Michigan.
      Report Abuse
    • Author by DellDolly (February 02, 2010 2:03 pm ET)
      1  
      In fact, the Bush administration made the decision to file a civil complaint instead of criminal charges.

      You wouldn't know this VERY pertinent fact by what Ben Stein says, would you?
      Report Abuse

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