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As featured on p. 218 of "Bloggers on the Bus," under the name "a MyDD blogger."

Wednesday, September 26, 2007

Vote Suppressor on the FEC?

I've written about Hans von Spakovsky a couple times in the past. The man has done more to suppress voting rights in this country through bogus claims of "voter fraud" than anyone in the Bush Adminstration. He's a critical part of the overall Republican project to stop minorities from voting and move toward a permanent GOP majority. And now, via a recess appointment, he sits on the FEDERAL ELECTION COMMISSION. Van Spakovsky engineered the Texas redistricting. He authorized Georgia's voter ID law, which is akin to a poll tax (a similar law will go before the Supreme Court soon). He... oh, let me have Dahlia Lithwick tell you.

Von Spakovsky currently sits on the FEC as a result of a recess appointment made by President Bush in January of 2006. Before that he served as counsel to the assistant attorney general in the Civil Rights Division at Justice. Von Spakovsky's Senate confirmation hearing last June was noteworthy for many oddities, not the least of which was a letter sent to the rules committee by six former career professionals in the voting rights section of the Justice Department; folks who had worked under both Republican and Democratic administrations for a period that spanned 36 years. The letter urged the committee to reject von Spakovsky on the grounds that while at DoJ, he was one of the architects of a transformation in the voting rights section from its "historic mission to enforce the nation's civil rights laws without regard to politics, to pursuing an agenda which placed the highest priority on the partisan political goals of the political appointees who supervised the Section." The authors named him as the "point person for undermining the Civil Rights Division's mandate to protect voting rights."

Von Spakovsky's response to these charges at his confirmation hearings? "I was not the decision maker," he claimed. "I don't remember that complaint at all,'' he demurred. "It's privileged," he insisted. That's the kind of bobbing and weaving that likely cost Alberto Gonzales his job. That the same absurd testimony from von Spakovsky might be rewarded with a professional upgrade is unfathomable.


The vote came up in the Senate Rules Committee today. Democrats hold a 10-9 edge in this committee and could have bottled up Von Spakovsky's appointment. Except...

During the Rule Committee’s executive meeting Wednesday, Feinstein originally said she wanted to vote on each nominee separately, as opposed to considering all four nominees together in one vote, as the committee has done in the past. Republicans on the panel objected, arguing that the move breaks all known committee precedent on moving FEC nominations.

"The precedent is very clear," said Sen. Bob Bennett (Utah), the ranking Republican on the panel. "Nominations to the FEC have always been reported en bloc and in pairs."

But Feinstein said committee rules governing FEC nominations allow only for passing nominations that have unanimous consent, which her objection would prevent. After about a half-hour of negotiation, Feinstein and Bennett agreed to pass all of the nominations without recommendation [...]

Bottom line: the nominations now go to the floor for a full Senate vote. Von Spakovsky has passed the first hurdle.

Now, couldn't Feinstein have forced the issue? Couldn't she have held a vote on whether or not they should consider the nominees together or separately? Sure. But the Rules committee is divided 10-9 in favor of Democrats. And guess what?

You'll never guess!

This morning's result: faced with the defection of a Democrat on the committee, later revealed to be Sen. Ben Nelson (D-NE), Chairwoman Dianne Feinstein (D-CA) chose to agree to send all four nominees, two Democrats and two Republicans, to the floor without recommendation.


Unbelievable. I'm sure the same hand-tying will occur in the full Senate, and Von Spakovsky, a known liar and vote suppressor, will get a lifetime appointment to the FEC. Where he'll get to make rulings on things like this:

Ohio and Florida, which provided the decisive electoral votes for President Bush's two razor-thin national election triumphs, have enacted laws that election experts say will help Republicans impede Democratic-leaning minorities from voting in 2008.

Backers of the new laws say they're aimed at curbing vote fraud. But the statutes also could facilitate a controversial Republican tactic known as "vote caging,'' which the GOP attempted in Ohio and Florida in 2004 before public disclosures foiled the efforts, said Joseph Rich, a former Justice Department voting rights chief in the Bush administration who's now with the Lawyers Committee for Civil Rights.

Caging, used in the past to target poor minorities in heavily Democratic precincts, entails sending mass mailings to certain voters and then using the undelivered letters to compile lists of voters for eligibility challenges.


I'm sure he'll be very sensitive to possibilities for partisan meddling with the election process.

I know that when the Bush Administration throws all of these bad nominees at you at once, it's hard even to keep track. But it would just take one Senator to put a hold on this nomination for good. This really cannot stand.

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