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View Diary: Ousted Florida Republicans, including ex-Gov. Crist, say voter suppression was state GOP's goal (146 comments)

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  •  Formal indictments needed @ the Federal level (3+ / 0-)
    Recommended by:
    714day, annieli, Neon Mama

    ..for civil rights violations.
    The ACLU has had success in Texas and Pennsylvania: Viviette Applewhite vs commonwealth also in other states, so with Greer, Christ and others (if they're wllling to testify), it sure seems like indictments could be in the works in Florida too but take it beyond state & approached as a civil rights issue

    In this HuffPo article The conspiracy to suppress, intimidate and otherwise disenfranchise voters should be prosecuted for what is it is under federal law: a conspiracy to violate the civil rights of American citizens. - Posted: 11/07/2012 1:34 pm

    There are some examples of very tough penalties:

    Originally passed in the aftermath of the killings of the three civil rights workers (James Chaney, Andrew Goodman and Michael Schwerner) in 1964 (the story behind the film, Mississippi Burning), the federal law makes it a criminal act, punishable by up to a life term in prison, or even the death penalty, to violate the civil rights of any person.
    Conspiracy Against Rights 18 U.S.C. § 241
    Lest one believe that public officials are exempt from such prosecution, the statute applies very specifically to public officials as well, even acting "under color of law." Indeed, there is a special section for it:
    Deprivation of Rights Under Color of Law 18 U.S.C. § 242
    It seems that there is no doubt that Rick Scott, Ohio Secretary of State John Husted and other public officials   participated in and/or are guilty of committing a federal crime
    Mike Turzai: voter suppression: "Done"

    A heavy price is what it's going to take to stop these scoundrels imo

    •  Umm.. about that (2+ / 0-)
      Recommended by:
      Meteor Blades, CA wildwoman

      You call for "formal indictments" and then link to civil cases.  There is only one entity in the country that can bring about "indictments" and it ain't the ACLU.  Its the DOJ (or their state level equivalent) and it is statutorily impossible to charge someone with a crime for executing the duties of their office.  

      Anyone can bring a civil case and if the courts agree that a law is unconstitutional they can overturn it.  None of those cases involve the DOJ or anything approaching an "indictment".  Criminal law is not Civil Law.

      And the criminal statutes you list are for illegal acts done by private citizens.  

      These Voter Suppression tactics were passed in open sessions of state legislature in accordance with Florida's rules of lawmaking.  They passed two houses.  They were signed by the Governor.  They were enacted and enforced by the appropriate State officials.

      This is not conspiracy or fraud.  They promised to do this in their campaigns.  They ran ads talking about how important this is to prevent voter fraud.  They talked about it in town halls.  The people of Florida AGREED and voted in a large majority to the State House.  They then did exactly what they promised.

      There is nothing criminal about it.  You can challenge the laws (which we did A LOT in this election cycle) and you might win (which we also did A LOT).  You can convince Floridians that these people are d-bags that need to be voted out, though that appears to be an uphill battle.  but neither YOU nor the ACLU are allowed to prosecute ANYONE and the DOJ has no grounds here for a criminal complaint.

      They could have passed a law to reinstate Slavery in Florida.  If the Governor didn't veto it, the courts would have struck it down, but NO WHERE would there be grounds to criminally prosecute a single state official.

      But be careful flinging around legal terms and criminal accusations.

      Красота спасет мир --F. Dostoevsky

      by Wisper on Mon Nov 26, 2012 at 04:05:30 PM PST

      [ Parent ]

      •  ACLU were examples (0+ / 0-)

        This was the thrust of my disorganized comment:

        it sure seems like indictments could be in the works in Florida too but take it beyond state & approached as a civil rights issue
        At the Federal level iow's - the DOJ

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