CIVIL RIGHTS IMPLICATIONS OF FEDERAL RECORD ONLY: HEARING BEFORE THE SUBCOMMITTEE ON CIVIL AND CONSTITUTIONAL RIGHTS OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES NINETY-NINTH CONGRESS Printed for the use of the Committee on the Judiciary 60-621 O U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1986 For sale by the Superintendent of Documents, Congressional Sales Office DOCUMENTS JACK BROOKS, Texas COMMITTEE ON THE JUDICIARY PETER W. RODINO, JR., New Jersey, Chairman ROBERT W. KASTENMEIER, Wisconsin RICK BOUCHER, Virginia HARLEY O. STAGGERS, JR., West Virginia HAMILTON FISH, JR., New York F. JAMES SENSENBRENNER, JR., BILL MCCOLLUM, Florida E. CLAY SHAW, JR., Florida WILLIAM E. DANNEMEYER, California PATRICK L. SWINDALL, Georgia CONTENTS Page Burnim, Ira A., Southern Poverty Law Center, Montgomery, AL, accompanied 125 Dobynes, Rev. O.C., Marion, AL............. 14 Prepared statement 51 Prepared statement Statement of the National Alliance Against Racist and Political Repression..... "Crackdown in the Black Belt" by Allen Tullos, Southern Changes, March- "Not-So-Simple Justice" by Allen Tullos, Southern Changes, May-June 1985.... Statement of Maryland State Senator Clarence M. Mitchell III, president, the Letter to Hon. Don Edwards from John C. Keeney, Deputy Assistant Attorney General, Criminal Division, Department of Justice, October 2, 1985 .. CIVIL RIGHTS IMPLICATIONS OF FEDERAL VOTING FRAUD PROSECUTIONS THURSDAY, SEPTEMBER 26, 1985 HOUSE OF REPRESENTATIVES, CONSTITUTIONAL RIGHTS, The subcommittee met, pursuant to call, at 9:30 a.m., in room 2237, Rayburn House Office Building, Hon. Don Edwards (chairman of the subcommittee) presiding. Present: Representatives Edwards, Kastenmeier, Schroeder, and Sensenbrenner. Conyers, Staff present: Catherine Leroy, counsel; Stuart J. Ishimaru, assistant counsel; and Philip Kiko, associate counsel. Mr. EDWARDS. The subcommittee will come to order. This morning the subcommittee begins a series of hearings examining the civil rights implications of Federal voting fraud prosecutions. Our focus today is on prosecutions brought by the Justice Department in Alabama. Last fall, the Justice Department announced a new campaign to crack down on election fraud and abuse. At that time, the committee was concerned with the effect this campaign might have on the rights and protections afforded by the Voting Rights Act of 1965. Chairman Rodino wrote to then-Attorney General Smith to express his concern and ask to be advised about the steps being taken to ensure that investigation and prosecution of election offenses did not undermine the Voting Rights Act. The department responded and said that its objective was—and I quote the department: * * * * To assure that all citizens exercise and enjoy a franchise that is free from fraud, bribery, and intimidation. To prevent these law enforcement efforts from having an undesired chilling effect on legitimate voting activity, all election fraud investigations and indictments [must] be precleared with the Public Integrity Section of the Criminal Division. * * * The Civil Rights Division has had, and will continue to have, input into the discharge of this preclearance and over sight function. I ask this correspondence be made a part of this record. Without objection, so ordered. [The letter follows:] (1) |