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Justice Department to Challenge North Carolina Voter ID Law

Photo Credit: AP

Photo Credit: AP

The Justice Department will file suit against North Carolina on Monday, charging that the Tar Heel State’s new law requiring voters to show photo identification at the polls violates the Voting Rights Act by discriminating against African Americans, according to a person familiar with the planned litigation.

Attorney General Eric Holder is expected to announce the lawsuit at 11 a.m. Monday at Justice Department headquarters, flanked by the three U.S. Attorneys from North Carolina.

The suit, set to be filed in Greensboro, N.C., will ask that the state be barred from enforcing the new voter ID law, the source said. However, the case will also go further, demanding that the entire state of North Carolina be placed under a requirement to have all changes to voting laws, procedures and polling places “precleared” by either the Justice Department or a federal court, the source added.

Until this year, 40 North Carolina counties were under such a requirement. However, in June, the Supreme Court declared unconstitutional the formula Congress used to subject parts or all of 15 states to preclearance in recent decades.

The justices’ 5-4 ruling outraged civil rights advocates, but did not disturb a rarely-used “bail in” provision in the law that allows judges to put states or localities under the preclearance requirement. Civil rights groups and the Justice Department have since seized on that provision to try to recreate part of the regime that existed prior to the Supreme Court decision.

Read more from this story HERE.

Holder: Now Even Liberal Media, Democrats are Attacking Him (+video)

The Republican criticism of Attorney General Eric Holder and the Justice Department — first, over the failed Fast and Furious gun-tracking operation and now, the subpoena of reporters’ phone and email records — is growing to include outcry from liberal media outlets and Democrats.

“It seems to me clear that the actions of the department have in fact impaired the First Amendment,” Rep. Zoe Lofgren, D-Calif., said earlier this month. “Reporters who might have previously believed that a confidential source would speak to them would no longer have that level of confidence.”

The congresswoman has been joined in her concerns by Democratic commentators and the liberal-leaning Huffington Post, which recently ran a giant headline saying it’s time for Holder to go.

Read more from this story HERE.

Obama Admin. Apparently has Another National Security Leak

Photo Credit: Channel 2 NewsThe Justice Department’s seizure of Associated Press reporters’ phone records was reportedly one element of a “sweeping” federal investigation to find out who leaked classified information about a failed Al-Qaeda plot to bomb an American airliner.

Now, the Obama administration has reportedly apologized to Israel for another leak of classified information to the media, one that occurred earlier this month and which Israeli officials are concerned could place Israeli lives at risk.

Israel Radio’s diplomatic correspondent Chico Menashe reported Sunday morning (via the Jerusalem Post):

American officials apologized to their Israeli counterparts for confirming that Israel was behind the airstrikes on the Damascus airport earlier this month, Israel Radio reported on Sunday.

The confirmation reportedly came from the lower ranks at the Pentagon, and the reasons for the leak are being investigated.

Read more from this story HERE.

Federal Court Slams Obama’s Use of Recess Appointment Power

It’s been a bad week for Barack Obama, and things just got worse. On top of the growing scandals over the I.R.S. targeting conservative groups and the Justice Department snooping on journalists, the president has just received a major constitutional reprimand from the federal courts over his dubious exercise of executive power.

According to the Constitution, the president must seek the “advice and consent” of the Senate when filling certain government positions. The president may only bypass this confirmation requirement in those rare cases where a temporary appointment is needed to “fill up all vacancies that may happen during the recess of the Senate.” This is known as the president’s recess appointment power.

In a decision handed down Thursday morning, the U.S. Court of Appeals for the 3rd Circuit ruled that Obama violated the Constitution by making a recess appointment to the National Labor Relations Board when the Senate was not actually in recess, but was instead holding pro forma sessions for the precise purpose of denying him the lawful ability to make a recess appointment. In an unprecedented move in January 2012, Obama simply ignored this legal impediment and made four purported recess appointments anyway, including the addition of three members to the NLRB.

In its decision, the 3rd Circuit strongly rejected Obama’s unilateral action. “Nothing in the text of the Clause or the historical record suggests that it is intended to be a type of pressure valve for when the president cannot obtain the Senate‘s consent, whether that be because it has become dysfunctional or because it rejects a president‘s nominations,” the court held. Indeed, the opinion continued, under the government’s interpretation, “If the Senate refused to confirm a president‘s nominees, then the president could circumvent the Senate‘s constitutional role simply by waiting until senators go home for the evening.” So much for the separation of powers.

Read more from this story HERE.

Unprecedented: Feds take over New Orleans Police Department. Would the Founders Approve?

Taking aim at a long history of civil rights abuses, corruption and slipshod oversight within the New Orleans Police Department, U.S. Attorney General Eric Holder and New Orleans Mayor Mitch Landrieu unfurled a bevy of sweeping reforms Tuesday afternoon in the nation’s most expansive consent decree to date. The long-awaited agreement, to be overseen by an appointed monitor and U.S. District Judge Susie Morgan, amounts to a 492-point, court-enforced action plan for overhauling NOPD policies and practices — from when officers can pull their weapons to the kind of data they track. The announcement at Gallier Hall on Tuesday afternoon featured Holder, Landrieu and other federal and city officials, including Assistant Attorney General Tom Perez, U.S. Attorney Jim Letten, New Orleans Police Superintendent Ronal Serpas and City Attorney Richard Cortizas.

It came after several months of detailed and sometimes testy negotiations over hot-button topics such as off-duty police details and the sheer financing of the reforms, all of which will fall to the city.

Landrieu estimated that putting the consent decree in motion will set the city back $11 million a year to start. Holder said the government would offer support by way of available federal grants and advice, but the city is on the hook for the full tab.

Still, Landrieu exuded pride in what amounts to an unprecedented local-federal pact, even though the far-reaching document is a response to a yawning breadth of problems that he said have plagued the NOPD for years.

The consent decree follows what Holder called “one of the most extensive investigations of a law enforcement agency ever conducted by the (Justice) department.”

Read more from this story HERE.

Photo credit: Kyle Taylor