Bradley Schlozman

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In 2003, Tom DeLay spearheaded a major redistricting plan for the state of Texas. Justice Department lawyers wrote a memo opposing the plan, concluding that it violated the 1965 Voting Rights Act. The memo was endorsed unanimously by lawyers and analysts from the Department's Voting section. [22] Nevertheless, Schlozman and several other political appointees overruled the lawyers' objections and approved DeLay's plan. In League of United Latin American Citizens v. Perry , the Supreme Court issued a complex 100-plus page concluding that all but one of the thirty-two district in the Texas redistricting plan satisfied the requirements of the Voting Rights Act. [23]

Lawsuit against Missouri

In 2005, while Schlozman was serving in the Civil Rights Division, the DOJ filed a lawsuit against Missouri accusing the state of failing to make a "reasonable effort" to eliminate ineligible people from voter rolls and improperly removing certain voters from the voter rolls prematurely. Although the then-US Attorney for Missouri, Todd Graves, whom Schlozman later succeeded after Graves' forced resignation, claims to have refused to sign off on the lawsuit, [24] [25] the Complaint filed in the case was signed by both Graves and an Assistant U.S. Attorney from his office, in addition to Schlozman and Assistant Attorney General Wan J. Kim. [26] On April 13, 2007, a federal district judge dismissed the lawsuit, asserting that the Secretary of State couldn't police local registration rolls. The Justice Department appealed that ruling, however, and the U.S. Court of Appeals for the 8th Circuit later reversed the district court's decision. [27] In March 2009, after a new political leadership had been installed at the Justice Department in the wake of the presidential election, the Justice Department asked a judge to dismiss the lawsuit, essentially ending the case and dropping all charges. [28]

Missouri Western District

Dismissal of U.S. attorneys controversy

The forced resignation of U.S. Attorney Todd Graves and subsequent appointment of Schlozman is part of the dismissal of U.S. attorneys controversy, which concerns the replacement of a number of U.S. attorneys by the George W. Bush administration in its second term. [24]

ACORN voter registration prosecutions

In addition to the complaints regarding the lawsuit against the State of Missouri, described above, attention has focused on his lawsuit against several former employees of the activist group ACORN.

In the summer of 2006, ACORN "paid workers $8 an hour to sign up new voters in poor neighborhoods around the country. Later, ACORN's Kansas City chapter discovered that several workers filled out registration forms fraudulently instead of finding real people to sign up. ACORN fired the workers and alerted law enforcement." [29]

Just five days before the 2006 election, Schlozman announced the indictments of four of the former ACORN workers, who all ultimately pleaded guilty to the voter registration charges. The election featured an extremely close Senate race between the incumbent Jim Talent and eventual winner Claire McCaskill. Former U.S. Attorneys Todd Graves [30] and David Iglesias, [31] expressed surprise at the indictments, claiming that they appeared to violate longstanding Department of Justice policy to avoid overtly politically related prosecutions during an election. Joseph D. Rich, a 35-year veteran of the Department of Justice and chief of its voting section from 1999 to 2005, wrote a Los Angeles Times op-ed criticizing the prosecutions as politically motivated. [32]

Schlozman testified before the Senate Judiciary Committee on June 5, 2007. Responding to concerns about a possible political motivation for pushing forward with prosecution immediately before the 2006 election, Schlozman stated that the department's public integrity officials had approved the prosecution and that he "did not think it was going to affect the election at all." [33] However, he later amended his testimony, indicating that he had not been "directed" to indict for voter fraud, days before the November 2006 election in question, but that Schlozman himself made the decision to indict, after his First Assistant U.S. Attorney had consulted with the Washington DOJ Election Crimes Branch. [34] According to Schlozman, Department of Justice policy—as explicitly underscored by the director of the Department's Elections Crimes Branch—was that the prosecution of ACORN employees for criminal voting offenses was not improper because the prosecutions pertained to "... voter registration fraud (which examined conduct during voter registration), not fraud during an ongoing or contested election."

Jackson County Executive Katheryn Shields

In January 2007, Schlozman's office indicted Democratic Jackson County Executive Katheryn Shields, who had just left office, on charges of wire fraud in connection with a scheme for an appraiser to fraudulently inflate the price of her home that she was selling. Shields asked the court to dismiss the charges on the basis that they were politically motivated, but the court refused to order disclosure of internal Justice Department documentation and rejected her argument. [35] The day after the indictment, Shields filed for an ultimately unsuccessful run for Mayor of Kansas City, Missouri. She was subsequently acquitted in the criminal case although her co-defendants—the appraiser and the appraiser's associates—were convicted. [36] Shields then sued the government to recover $202,000 in legal fees. However the court concluded that "[t]here is no evidence that the prosecutors in this matter acted with maliciousness or with an intent to harass, annoy, or embarrass [Shields] nor that the evidence was objectively deficient.". [37] [38]

Notes

  1. "Banana Republicanism, Cont'd". 7 May 2007. Archived from the original on 9 April 2016. Retrieved 5 September 2018.
  2. "Biography of Bradley Schlozman". United States Department of Justice. Archived from the original on 2009-02-13. Retrieved 2009-01-14.
  3. 1 2 Totenberg, Nina (2007-08-24). "Schlozman Leaves Justice Dept. Amid Questions". National Public Radio . Retrieved 2009-01-14.
  4. "Western District of Missouri gets new U.S. attorney - Kansas City Business Journal". Archived from the original on 2017-09-05. Retrieved 2025-01-12.
  5. On Jan. 13, 2009, a report by the Department of Justice alleged that Schlozman repeatedly violated federal law in politicizing the Civil Rights Division. Letter from Sen. Patrick Leahy to Bradley Schlozman Archived 2007-05-30 at the Wayback Machine , May 7, 2007
  6. Savage, David (2009-01-14). "Bush appointee saw Justice lawyers as 'commies,' 'crazy libs,' report says". Los Angeles Times. Retrieved 2009-01-14.
  7. Shapiro, Ari (2009-01-13). "Report: Justice Official Made Politically Biased Hires". All Things Considered . National Public Radio . Retrieved 2009-01-14.
  8. Lichtblau, Eric (2009-01-13). "Report Cites Politicized Hiring at Justice Dept". The New York Times . Retrieved 2009-01-13.
  9. Johnson, Carrie (2009-01-14). "Report Cites Political and Racial Bias At Justice". The Washington Post . Retrieved 2009-01-14.
  10. Gordon, Greg (2007-08-22). "Justice Department lawyer accused of partisanship resigns". McClatchy Newspapers. Archived from the original on 2007-09-27. Retrieved 2007-08-28.
  11. "Biography of Bradley J. Schlozman". Law firm of Hinkle.
  12. "JUSTICE DEPARTMENT ANNOUNCES APPOINTMENT OF BRADLEY J. SCHLOZMAN AS U.S. ATTORNEY" (PDF) (Press release). United States Department of Justice. 2006-03-23. Archived from the original (PDF) on 2007-08-09. Retrieved 2007-05-01.
  13. "An Investigation of Allegations of Politicized Hiring and Other Improper Personnel Actions in the Civil Rights Division" (PDF). 2009-01-13.
  14. Carrie Johnson (2009-01-14). "Report Cites Political and Racial Bias At Justice". Washington Post.
  15. Christopher Tate (2005-08-27). "Georgia voter ID law receives DOJ approval". Jurist.
  16. Greg Gordon; Margaret Talev (2007-05-06). "Congress considers broadening Justice Department inquiry". McClatchy Newspapers.
  17. Greg Gordon; Margaret Talev; Marisa Taylor (2007-03-23). "New U.S. attorneys seem to have partisan records". McClatchy Newspapers.
  18. 1 2 Lake v Perdue Archived 2007-08-09 at the Wayback Machine , September 19, 2006
  19. Darryl Fears; Jonathan Weisman (2006-09-20). "Georgia Law Requiring Voters to Show Photo ID Is Thrown Out: Judge Says Some Would Be Disenfranchised; State Plans Appeal". Washington Post. p. A06.
  20. Bradley Schlozman. "Voter ID Bill Not An Obstacle for Minorities". US Dept of Justice. Archived from the original on 2007-02-08. Retrieved 2007-05-09.
  21. "Common Cause/Georgia v. Billups" (PDF). 2009-01-14. Archived from the original (PDF) on 2009-01-24. Retrieved 2009-01-31.
  22. Dan Eggen (2005-12-02). "Justice Staff Saw Texas Districting As Illegal: Voting Rights Finding On Map Pushed by DeLay Was Overruled". Washington Post. p. A01.
  23. "Justices Back Most G.O.P. Changes to Texas Districts". AP. June 28, 2006.
  24. 1 2 Amy Goldstein; Dan Eggen (2007-05-10). "Number of Fired Prosecutors Grows: Dismissals Began Earlier Than Justice Dept. Has Said". The Washington Post . p. A01.
  25. Greg Gordon (2007-05-04). "GOP sought to suppress votes in Missouri, critics say: Missouri is among states where alleged efforts to dampen Democratic turnout were focused". McClatchy Newspapers.
  26. "Complaint in U.S. v. Missouri". 2005-11-23. Archived from the original on 2009-05-12.
  27. "U.S. v. State of Missouri" (PDF). 2008-07-29. Archived from the original (PDF) on 2009-01-20. Retrieved 2009-01-31.
  28. "Government & Politics News - The Kansas City Star". primebuzz.kcstar.com. Retrieved 5 September 2018.
  29. Charlie Savage (2007-05-06). "Missouri attorney a focus in firings: Senate bypassed in appointment of Schlozman". Boston Globe.
  30. Greg Gordon (2007-06-05). "Senator charges improper political interference in Justice Department". McClatchy Newspapers. Archived from the original on 2013-01-28. Retrieved 2009-02-04.
  31. Greg Gordon (2007-06-08). "Politics may have played a role in voter fraud allegations in Missouri". McClatchy Newspapers. Retrieved 2007-08-06.
  32. Joseph D. Rich (2007-03-29). "Bush's long history of tilting Justice: The administration began skewing federal law enforcement before the current U.S. attorney scandal, says a former Department of Justice lawyer". Los Angeles Times .
  33. Eggen, Dan (2007-06-06). "Ex-Prosecutor Says He Didn't Think Charges Would Affect Election". The Washington Post . Retrieved 2007-06-08.
  34. Bradley J., Schlozman (June 12, 2007). "Schlozman clarifies his testimony". Talking Points Memo. TPM Media. Archived from the original on August 27, 2007. Retrieved 2007-06-12.
    Letter from Bradley J. Schlozman addressed to Senator Patrick J. Leahy, Chair of the Senate Judiciary Committee, dated June 11, 2007.
  35. "U.S. v. Zwego et al" (PDF). 2007-05-14.
  36. "Government & Politics News - The Kansas City Star". primebuzz.kcstar.com. Retrieved 5 September 2018.[ dead link ]
  37. "U.S. v. Shields, Case No. 07-00007, Dkt. #412, at page 8". 2008-07-21.
  38. "Judge denies Shields' request for government to pay legal fees". Kansas City Business Journal. 2008-07-21.

Department of Justice report

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Bradley J. Schlozman
Bradley Schlozman.jpg
United States Attorney for the Western District of Missouri
Acting
In office
2006–2007