Blog on the Run: Reloaded

Tuesday, November 27, 2012 6:09 pm

I am not Pamela C. Marsh

… and it’s a damn good thing for some high-ranking Florida Republicans that I am not. For Pamela C. Marsh is the United States Attorney for the Northern Judicial District of Florida. And were I she, I would have begun convening a grand jury in Tallahassee this morning before my second cup of coffee:

A new Florida law that contributed to long voter lines and caused some to abandon voting altogether was intentionally designed by Florida GOP staff and consultants to inhibit Democratic voters, former GOP officials and current GOP consultants have told The Palm Beach Post.

Republican leaders said in proposing the law that it was meant to save money and fight voter fraud. But a former GOP chairman and former Gov. Charlie Crist, both of whom have been ousted from the party, now say that fraud concerns were advanced only as subterfuge for the law’s main purpose: GOP victory.

Former Republican Party of Florida Chairman Jim Greer says he attended various meetings, beginning in 2009, at which party staffers and consultants pushed for reductions in early voting days and hours.

“The Republican Party, the strategists, the consultants, they firmly believe that early voting is bad for Republican Party candidates,” Greer told The Post. “It’s done for one reason and one reason only. … ‘We’ve got to cut down on early voting because early voting is not good for us,’ ” Greer said he was told by those staffers and consultants.

“They never came in to see me and tell me we had a (voter) fraud issue,” Greer said. “It’s all a marketing ploy.”

Greer is now under indictment, accused of stealing $200,000 from the party through a phony campaign fundraising operation. He, in turn, has sued the party, saying GOP leaders knew what he was doing and voiced no objection.

“Jim Greer has been accused of criminal acts against this organization and anything he says has to be considered in that light,” says Brian Burgess, Florida GOP spokesman since September.

But Greer’s statements about the motivations for the party’s legislative efforts, implemented by a GOP-majority House and Senate in Tallahassee in 2011, are backed by Crist — also now on the outs with the party — and two veteran GOP campaign consultants.

Wayne Bertsch, who handles local and legislative races for Republicans, said he knew targeting Democrats was the goal.

“In the races I was involved in in 2008, when we started seeing the increase of turnout and the turnout operations that the Democrats were doing in early voting, it certainly sent a chill down our spines. And in 2008, it didn’t have the impact that we were afraid of. It got close, but it wasn’t the impact that they had this election cycle,” Bertsch said, referring to the fact that Democrats picked up seven legislative seats in Florida in 2012 despite the early voting limitations.

Another GOP consultant, who did not want to be named, also confirmed that influential consultants to the Republican Party of Florida were intent on beating back Democratic turnout in early voting after 2008.

In 2008 Democrats, especially African-Americans, turned out in unprecedented numbers for President Barack Obama, many of them casting ballots during 14 early voting days. In Palm Beach County, 61.2 percent of all early voting ballots were cast by Democrats that year, compared with 18.7 percent by Republicans.

(Memo to the Florida Republicans: Jim Greer might well be willing to say anything at all to keep his own butt of prison, assuming the charges against him are legitimate, which is by no means certain at this point. But your main beef with Charlie Crist seems to be that he’s not batshit enough for you. IANAL, but I think you’re gonna need more than that to impeach his testimony when you cross-examine him. And not only does Wayne Bertsch not appear to have an ax to grind, he appears to be writing off a lot of future business by coming forward.)

What would be at issue in this grand jury investigation? Well, its formal title would be Title 18, Part 1, Chapter 13, subsections 241 and 242 of the United States Code:

UNITED STATES CODE
TITLE 18 – CRIMES AND CRIMINAL PROCEDURE
PART I – CRIMES
CHAPTER 13 – CIVIL RIGHTS

§ 241. Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any inhabitant of any State, Territory, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured -

They shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results, they shall be subject to imprisonment for any term of years or for life.
§ 242. Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if bodily injury results shall be fined under this title or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life.

Within my lifetime, people of all races and creeds have died in the United States seeking, or trying to protect, the right to vote, and these smart-ass Republican white boys think it’s all a goddamn game. Of course, to them it is all a game. And it will stay that way until they spend a year or 10 in prison and cough up five-figure fines and six-figure legal fees.

As I’ve said before, the evidence strongly suggests that the death penalty is not a deterrent to homicide, even though the likelihood of being caught and punished is pretty high, because homicide is a crime frequently committed in the heat of the moment. But this? This is planned, rational, willful, intentional and cold-blooded. And that is exactly the kind of behavior that harsh penalties combined with the likelihood of being caught and punished will deter.

So were I Pamela C. Marsh, U.S. Attorney for the Northern Judicial District of Florida, I would not wait around for my worthless boss, Eric Holder, to get his thumbs out of his rear end and give me the OK or shoot an email to the Civil Rights Division. I’d do my job prosecuting conspiracies against civil rights in northern Florida and dare Holder, an African American, and his boss, the president, also an African American, to do anything about it. Holder might; after all, Karl Rove did something very similar and was never charged. But my guess is that once that investigation started, even Holder wouldn’t be idiotic enough to try to stop it. And the U.S. would be a tiny step farther down the still-very-long road toward the equal protection under the law that we wrote into the Constitution a century and a half ago.

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