In a letter dated today Sen. Barack Obama asked the acting AG to fire voting rights section chief John Tanner. It turns out that John Tanner is quite a piece of work. Consider this remark he made earlier:
Our society is such that minorities don't become elderly the way white people do; they die first. There are inequities in health care. There are a variety of inequities in this country. And so anything that disproportionately impacts the elderly has the opposite impact on minorities; just the math is such as that."
Tanner made the comments as justification for his decision to overrule Justice Department staff attorneys and approve a Georgia voter ID law that was subsequently halted by a federal appeals court. Tanner made the novel argument that such laws actually discriminate against whites.
Citing the above blockquoted comment of John Tanner Obama in his letter said:
Such comments are patently erroneous, offensive, and dangerous, and they are especially troubling coming from the federal official charged with protecting voting rights in this country. Mr. Tanner has already demonstrated questionable judgment in overruling the decision of Justice Department lawyers that the Georgia photo ID requirement would disproportionately discriminate against African Americans. For Mr. Tanner to now suggest, in an effort to defend his erroneous decision, that photo identification are not necessary for minority voters because "they die first" shows just how far the Justice Department has fallen. This is a disgrace and yet another reason why the next Attorney General must demonstrate a strong commitment to civil rights.
But, until the next Attorney General is confirmed, you are in charge of the Department, and you are in charge of ensuring that our laws are enforced and that the civil rights of all Americans are protected. Through his inexcusable comments, Mr. Tanner has clearly demonstrated that he possesses neither the character nor the judgment to be heading the Voting Rights Section. For that reason, I respectfully request that you remove him from his position.
Note that this is second time this week that Obama has come out hard against a controversial figure from the Civil Rights Division. Earlier, he blocked the nomination of Hans von Spakovsky to the Federal Election Commission.
UPDATE: Not only today's demand that AG fires voting rights chief, Obama also asked Judge Mukasey the following questions regarding voting rights:
- In recent years, the Department of Justice has demonstrated a clear preference for investigating isolated examples of voter fraud, rather than more widespread allegations of disenfranchisement of minority voters. As Attorney General, will you commit to a program of enforcement that is aimed at enhancing, rather than diminishing, the ability of racial and ethnic minorities to vote? Will you commit to applying the Voting Rights Act to challenge voter identification laws such as those attempted in Georgia and other states?
- The Department of Justice seems to have weakened its stance on the enforcement of apparent racial profiling cases under 42 U.S.C 14141, which allows for civil lawsuits to be brought by the Department against racial profiling by our nation’s police departments. Will you commit to opening investigations and pursuing lawsuits against police departments that reveal a pattern or practice of police misconduct?
- In recent months, our nation’s attention has been focused on the racial strife in Jena, Louisiana, and the disparate treatment of six African American youths. As Attorney General, will you commit the investigative resources of the Civil Rights Division to ensuring the fair treatment and execution of the law in cases such as the Jena 6, as well as the recent acquittal by an all-white jury of eight prison guards accused of killing a young black male at a juvenile detention center in Florida?
- Several studies have found that black and Hispanic borrowers were more likely to be steered into high-cost subprime loans than other borrowers, even after controlling for factors such as income, loan size, and property location. Although multiple concerns have been raised in recent years about discrimination in the housing market, the number of housing cases filed by the Housing and Civil Enforcement Section has fallen from 53 in 2001 to 31 in 2006, and cases involving discrimination have fallen by 60%. In 2003, the Justice Department announced that it would no longer file disparate impact cases involving housing discrimination – a sharp break from DOJ’s longstanding and bipartisan policy to aggressively litigate these cases. In light of recent reports of stark racial disparities in the subprime lending market and the sharp drop in housing discrimination enforcement actions, what steps will you take to ensure that the nation's housing discrimination laws are vigorously enforced? Will you commit the Housing and Civil Enforcement Division to investigating whether the practices of the mortgage lending industry violate the Equal Credit Opportunity Act, Fair Housing Act, or other federal antidiscrimination statutes?
- In 2002, the Bush Administration placed political appointees in charge of hiring new attorneys in the Civil Rights Division – departing from the longstanding practice of giving this hiring authority to career professionals. Since then, less than half of new hires in the Division’s important Appellate, Employment Litigation, and Voting Sections have had any prior civil rights experience – and less than a quarter have had any prior experience enforcing the nation’s civil rights laws. The others, according to a Boston Globe analysis, "gained their experience either by defending employers against discrimination lawsuits or by fighting against race-conscious policies." Will you pledge to restore professionalism and end the practice of politicized hires within the Civil Rights Division? What specific steps will you take to reverse these trends in hiring?
- What is your opinion of the Deceptive Practices and Voter Intimidation Prevention Act, which I introduced in January 2007 and which recently passed the Senate Judiciary Committee? Do you agree that this legislation is necessary?
UPDATE 2: h/t Bradblog who first broke the story.