Last week, I called the Justice Department to inquire about an unusual decision they made to dismiss default judgements in a voter intimidation lawsuit the government filed under the Bush administration against the New Black Panther Party.
You remember the case of the menacing NBPP thugs who threatened voters at a Philly precinct. I blogged about it many times since the fall.
The Bush DOJ filed suit against Malik Shabazz and two of the local NBPP radicals who were on site — one with a billy club. None of them filed an answer to the lawsuit, putting them all into default. I am told this is the easiest way to win a lawsuit. But instead of taking the default judgment that DOJ is entitled to against all of the defendants, the department last week dismissed the lawsuit against two out of the three defendants. As Election Journal (which broke the story with exclusive video of the intimidation) notes, one of the individual defendants who was dismissed, Jerry Jackson, “is an elected member of the Philadelphia Democratic Committee and was a credentialed poll watcher.”
According to a legal source familiar with DOJ procedures, dismissing a lawsuit won by default is unheard of.
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