Dan Rather Reports Episode Number: 220 Episode Title: A Question of Rights Description: Is the Justice Department's Civil Rights division no longer enforcing antidiscrimination laws? That's the allegation of some former career attorneys with the agency, who also say they were moved out because they didn't follow the current administration's conservative mantra. TEASE: DAN RATHER (VOICEOVER) TONIGHT, A QUESTION OF JUSTICE. WOMEN ONCE BACKED BY THE DEPARTMENT OF JUSTICE IN A DISCRIMINATION SUIT, ARE UNDERMINED BY A BUSH ADMINISTRATION WITH OTHER PRIORITIES. MARIANNE MANOUSAKIS, CUSTODIAN IN NEW YORK CITY PUBLIC SCHOOLS I felt totally betrayed. You know and I think all of us felt betrayed. RATHER (VOICE OVER) PLAYING POLITICS WITH THE VOTE. MORE THAN 40 YEARS AFTER THE VOTING RIGHTS ACT EXTENDED PROTECTIONS TO MINORITIES KEY PROVISIONS COME UNDER FIRE AND LACK IMPORTUNATE. ROY BARNES, FORMER GEORGIA GOVERNOR If you want to repeal the voting rights, you can take it to Congress. Don’t do it by subterfuge, by changing the enforcement of it. RATHER (VOICE OVER) AND THE DEPARTMENT OF JUSTICE GOES POLITICAL. ONE OF THE FIRED U.S. ATTORNEYS SPEAKS OUT. DAVID IGLESIAS, FORMER U.S. ATTORNEY The people of the United States should know that when a federal prosecutor charges somebody with a crime, the only basis for the charge is evidence. Partisan politics plays no part whatsoever. RATHER (VOICE OVER) AN HOUR DEVOTED TO NEW QUESTIONS ABOUT HOW POLITICS HAS INFECTED THE UNITED STATES DEPARTMENT OF JUSTICE. TONIGHT ON DAN RATHER REPORTS. RATHER (ON CAMERA) GOOD EVENING, FROM WASHINGTON. IT WAS FIFTY YEARS AGO THIS SUMMER THAT CONGRESS PASSED THE FIRST IN WHAT WOULD BECOME A SERIES OF LANDMARK CIVIL RIGHTS LAWS. THE LEGISLATION, SIGNED BY PRESIDENT EISENHOWER, ESTABLISHED A COMMISSION TO INVESTIGATE WHETHER CITIZENS WERE BEING DEPRIVED OF THEIR RIGHTS TO VOTE, AND CREATED A NEW DIVISION OF THE JUSTICE DEPARTMENT DEVOTED TO CIVIL RIGHTS ENFORCEMENT, TO BE OVERSEEN BY AN ASSISTANT ATTORNEY GENERAL. IN THE HALF CENTURY SINCE THE CIVIL RIGHTS ACT OF 1957, THE FEDERAL CIVIL RIGHTS DIVISION HAS DEVELOPED A REPUTATION FOR ENFORCING THE LAWS PROTECTING THE CIVIL AND CONSTITUTIONAL RIGHTS OF ALL AMERICANS. BUT NOW, THERE ARE THOSE INSIDE AND OUTSIDE THE JUSTICE DEPARTMENT, WHO INSIST THAT WITH THE INAUGURATION OF PRESIDENT BUSH IN 2001, THE JUSTICE DEPARTMENT'S HISTORIC MISSION HAS CHANGED. RATHER (VOICE OVER) JUST RECENTLY, THE INSPECTOR GENERAL OF THE JUSTICE DEPARTMENT DECIDED TO EXPAND HIS INVESTIGATION BEYOND THE FIRED REGIONAL US ATTORNEYS INTO ALLEGATIONS OF HIRING BASED ON POLITICS AT THE CIVIL RIGHTS DIVISION; THE GOVERNMENTS ARM THAT FIGHTS DISCRIMINATION IN VOTING, EMPLOYMENT AND HOUSING. AND LONG BEFORE THIS POLITICAL DRAMA GRIPPED WASHINGTON, JANET CALDERO AND MARIANNE MANOUSAKIS, TWO CUSTODIANS IN NEW YORK CITY PUBLIC SCHOOLS, SAW A DRAMATIC CHANGE IN JUSTICE. MARIANNE MANOUSAKIS, CUSTODIAN IN NEW YORK CITY PUBLIC SCHOOLS Any job that’s been typically involving mechanical equipment, heating, and ventilating, has always been perceived as a masculine job. RATHER (VOICE OVER) SCHOOL CUSTODIANS HAVE A HIGH- PAYING UNION JOB. THEY ARE SUPERVISORS IN CHARGE OF MAINTAINING BUILDING OPERATIONS. IN THE EARLY 90S NINETY-TWO PERCENT OF THEM WERE WHITE. AND OF ALMOST 900 IN THE CITY, ONLY TWELVE WERE WOMEN. JANET CALDERO WAS ONE OF THEM. JANET CALDERO, FORMER SUPERVISOR OF MAINTAINING BUILDING OPERATIONS, NEW YORK CITY SCHOOLS We operate and maintain a public school building, from cleaning it to maintaining the heating and ventilating systems, air conditioning. And it primarily is a male-dominated position. RATHER (VOICE OVER) MARIANNE MANOUSAKIS WAS WORKING HER WAY UP THROUGH THE SYSTEM. MANOUSAKIS I originally started working as a part-time cleaner and moved into a handyman slot. I became a full-time secretary and handyman. RATHER (VOICE OVER) HER BOSSES - THE SCHOOL CUSTODIANS - WERE ALWAYS MEN. THEY OFTEN HIRED OTHER MEN, WHO WERE THEIR FRIENDS AND RELATIVES. CALDERO First of all, the women are not necessarily accepted by the men in this field. MANOUSAKIS Did I think that I could have access to that job? Never in my wildest dreams. RATHER (VOICE OVER) THE JUSTICE DEPARTMENT INVESTIGATED THE SITUATION, AND IN 1996, IT SUED THE NEW YORK CITY BOARD OF EDUCATION, FOR RACE AND GENDER DISCRIMINATION IN THE RECRUITMENT OF CUSTODIANS IN PUBLIC SCHOOLS, AND RACE DISCRIMINATION IN THE TESTING. AARON SCHUHAM BECAME THE LEAD TRIAL ATTORNEY FOR THE GOVERNMENT. AARON SCHUHAM, TRIAL ATTORNEY FOR GOVERNMENT Everyone in America deserves to be hired based on their merit and based on their qualifications and not because of their sex or their race and we did find that the City of New York was violating federal civil rights law in those practices and that’s why we brought the case. We would not have done so if we were not sure that violations had occurred. RATHER But why should the U.S. government get involved - the federal government? SCHUHAM In the case of the custodians in New York City, that was a major case, involving many victims of discrimination. One of the reasons why the New York City case was so important is it’s one of those cases where only the federal government who had the resources and the manpower and the women power to actually be able to pursue this case, without regard to the costs of the that case, over the years, for the sole purpose of remedying that discrimination. RATHER Do you remember Janet Caldero and Marianne Manousakis? SCHUHAM I do. We worked very closely with them as we developed the lawsuit and brought it. RATHER (VOICE OVER) CALDERO AND MANOUSAKIS HAD BEEN HIRED AS PROVISIONAL CUSTODIANS WITH NO JOB SECURITY, AND TOGETHER WITH DOZENS OF OTHER MINORITY CUSTODIANS, THEY WERE INVITED BY THE GOVERNMENT'S LAWYERS TO BE PLAINTIFFS IN THE CASE. CALDERO They needed to know how our job operated, what it involved to bolster their case. And, they got that information through most of the women on the job. MANOUSAKIS Oh, I felt that they were, you know, looking out for our civil rights trying to open up a job market where previously there hadn’t been one. I mean, they had their own agenda. They felt that the numbers were skewed vastly. CALDERO We had a very good rapport with them. They worked for us. You know, we felt confident with them. We thought that they were behind us. MANOUSAKIS I felt kind of like they were our – our shepherds. You know, they were going to help us. RATHER (VOICE OVER) AND HELP CAME. IN 1999, THE BOARD OF EDUCATION AND THE JUSTICE DEPARTMENT REACHED AN AGREEMENT. THE WOMEN AND MINORITIES WOULD BE COMPENSATED. AND THE JUSTICE DEPARTMENT AND THEIR ATTORNEYS, LIKE SCHUHAM, HAD GOTTEN EQUAL JUSTICE UNDER THE LAW. SCHUHAM We believed very strongly that we had followed the law and done justice for many women and minority people who had been serving in these positions. MANOUSAKIS We all thought that was the end, that this is the end. This is the way it is. You know, we’re all settled. We’ve got this - however it is now, we want nothing more. We expect nothing less, you know. And, we thought it was over—little did we know. RATHER (VOICE OVER) LITTLE DID THEY KNOW THAT A GROUP OF WHITE MALE CUSTODIANS HAD DECIDED TO ARGUE THAT THE SETTLEMENT WOULD DISCRIMINATE AGAINST THEM, AND WITH THAT, THE COURT BATTLE CONTINUED. BUT THE GOVERNMENT AND THE CITY OF NEW YORK HAD PROMISED TO DEFEND THE SETTLEMENT AGAINST ALL COMERS. THEN, IN 2002, THE JUSTICE DEPARTMENT, UNDER THE NEW BUSH ADMINISTRATION, SUDDENLY CHANGED ITS MIND. IN THEIR VIEW, THE WOMEN HAD NOT BEEN DISCRIMINATED AGAINST. THE GOVERNMENT WOULD NO LONGER DEFEND THE WOMEN'S SETTLEMENT. INSTEAD, THE JUSTICE DEPARTMENT SIDED WITH THE WHITE MEN, TO FIGHT THE WOMEN THE DEPARTMENT HAD ONCE TRIED TO ADVANCE. MANOUSAKIS I felt totally betrayed, you know. And, I think all of us felt betrayed. CALDERO Well, they defended me. They went bat for me. They fought. They took this to court. They won it. And then, they just dropped us with no explanation as to why they dropped us. MANOUSAKIS They spend ten years of our time you know, trying to make the settlement agreement work to bring in some women and minorities. And then, once they get them, they turn around and now they’re backing the white males again because they say, “Well, their rights are now being infringed upon.” CALDERO Whoever thought that the Justice Department would turn to the Injustice Department. RATHER (VOICE OVER) AFTER NEARLY A DECADE OF BATTLE AND MILLIONS OF TAX DOLLARS SPENT, THE DEPARTMENT OF JUSTICE TURNED ITS BACK ON ITS OWN HARD- FOUGHT VICTORY. RATHER Were you surprised when the justice department under the new administration changed directions on this case? SCHUHAM I certainly was. It was quite an unprecedented move to have the Justice Department go and attack the very settlement that it had obtained. It’s the same Justice Department regardless of the leadership. RATHER (VOICE OVER) SCHUHAM AND HIS TEAM WERE ORDERED OFF THE CASE. CALDERO Who thought that the government would do something like that to us? I got the phone number of the new attorneys. The old attorneys that had fought for us were taken off the case. They had new attorneys on the case. We all called. Nobody was given any information. They ran you around in a circle and nobody wanted to say anything. RATHER (VOICE OVER) THEY NEVER SPOKE TO AARON SCHUHAM AGAIN. SCHUHAM One of the results of the ethics office opinion was that we were absolutely removed from the case. We could not talk to anybody about the case at that time, at that point, and that included the very people that we had been seeking relief for. RATHER So in effect, correct me if I’m wrong, you were forbidden to talk to them? SCHUHAM We were forbidden to talk to them. RATHER How did you feel when you couldn't communicate with the women who were losing so much? SCHUHAM It was very difficult not to be able to talk to them. We had spent a tremendous amount of time with them over the years. It was very hard to see the Justice Department make the decision it did and to have such a minor role in that kind of decision. I can certainly say that when you are a lawyer working for the Civil rights division, when you are any kind of civil rights lawyer for that matter, you put everything that you have into these kinds of cases, because you understand their importance and you understand the kind of impact that they can have on people who should be helped, and whose rights were violated. RATHER Well the women have told us that they felt betrayed by the Justice Department. Were they? SCHUHAM They were. What the Justice Department did was wrong. It should not have happened. RATHER Why are you speaking out about it now? SCHUHAM Well, I wanted- I’ve come to speak about this case first and foremost because I think an injustice was done in this case. The other reason is I hope that the situation never repeats itself. It should not happen. RATHER (VOICE OVER) AARON SCHUHAM'S CAREER AT THE JUSTICE DEPARTMENT WAS OVER. SCHUHAM The trial team, of which I as a part, was removed from the case. I think it’s fair to say that we got signals from the political appointees in the division and from an entirely new career leadership was brought in to run my office that they did not want us around. They made our environment quite hostile. And I don’t think we were trusted by them and quite frankly, I think they had the perception that we were standing in the way of the kinds of goals that they had. And those goals were to dismantle the division and impede its work. RATHER (VOICE OVER) FACTS SHOW THAT SINCE 2002, FOUR OF FIVE DIRECTORS HAVE LEFT THE EMPLOYMENT SECTION OF THE CIVIL RIGHTS DIVISION, AND 21 OUT OF THE 32 CAREER ATTORNEYS HAVE LEFT. SOME HAD WORKED FOR DECADES IN THE CIVIL RIGHTS FIELD. RATHER (ON CAMERA) WE FOUND, IN ALL, NINE FORMER CAREER ATTORNEYS FROM THE CIVIL RIGHTS DIVISION WHO SPOKE OUT AGAINST WHAT THEY CALL AN INCREASINGLY POLITICAL SLANT IN THE HIRING AT THE JUSTICE DEPARTMENT. THEY SAY THAT THE RIGHT POLITICAL OPINIONS HAVE BECOME MORE IMPORTANT THAN EXPERIENCE AND GOOD LEGAL MERITS. RICHARD UGELOW, FORMER DEPUTY HEAD OF EMPLOYMENT RIGHTS SECTION FOR THE CIVIL RIGHTS DIVISION Those of us who worked in the department for any period of time think it’s the highest calling. RATHER (VOICE OVER) RICHARD UGELOW USED TO BE THE DEPUTY HEAD OF THE EMPLOYMENT RIGHTS SECTION FOR THE CIVIL RIGHTS DIVISION. UGELOW BEGAN AS A MILITARY JAG LAWYER AND CAME TO THE JUSTICE DEPARTMENT DURING THE NIXON ADMINISTRATION. OVER THE YEARS, HE RECEIVED AWARDS BOTH FROM REPUBLICAN AND DEMOCRATIC ADMINISTRATIONS FOR HIS AGGRESSIVE PURSUIT OF EMPLOYMENT RIGHTS FOR AMERICANS, REGARDLESS OF RACE, SEX, RELIGION AND NATIONAL ORIGIN. THAT MISSION WAS LONG DEEMED SO IMPORTANT THAT THE DIVISION, HERE IN 1981, ALWAYS HAD A CORE OF EXPERT CAREER ATTORNEYS WHO OFTEN STAYED ON WHILE THE POLITICAL LEADERSHIP CAME AND WENT. BUT UNDER PRESIDENT GEORGE W. BUSH, UGELOW SAYS, HE WAS FORCED OUT, TOGETHER WITH MANY OTHER CAREER GOVERNMENT CIVIL RIGHTS LAWYERS. UGELOW They were systematically shuffled out. I mean, you can look at the head of the Employment Litigations Section, I was a Deputy Section Chief, I was removed. Special Litigation Counsel was removed. Another Deputy Section Chief was forced out. The Chief of the Housing Section was removed. The Chief of the Voting Section was forced out. The Chief of the Criminal Section was forced out. Other Deputy Section Chiefs in other sections were removed from office. This didn’t happen by chance. RATHER What an accusation. That a President of the United States and those working with him at high levels did not want effective people in the Civil Rights Division. UGELOW Well, I think it’s how you define effective. They want a different type of effective person. RATHER (VOICE OVER) AND WITH DIFFERENT BACKGROUNDS, SAYS AARON SCHUHAM. SCHUHAM Very few of them were Civil Rights attorneys. Very few of them had any real Civil Rights experience, and some of them had no trial or lawyer-ing experience at all. RATHER (VOICE OVER) AND IN MAY THIS YEAR, BEFORE CONGRESS, MONICA GOODLING; A FORMER POLITICALLY APPOINTED WHITE HOUSE LIAISON AT THE JUSTICE DEPARTMENT, BLUNTLY ADMITTED THAT SHE HAD MADE POLITICAL HIRES FOR STAFF POSITIONS. MONICA GOODLING, FORMER POLITICALLY APPOINTED WHITE HOUSE LIASIAN AT THE JUSTICE DEPARTMENT I do acknowledge that I may have gone too far in asking political questions of applicants for career positions, and I may have taken inappropriate political considerations into account on some occasions. And I regret those mistakes. UGELOW They were identifying people that they wanted to replace and they-- they replaced them for political reasons. And it can’t be-- it can’t be that all of us were non-performers. MR. SCOTT, QUESTIONING GOODLING IN SENATE HEARINGS Did you break the law? Is it against the law to take those political considerations into account? GOODLING Sir, I’m not able to answer that question. I know I crossed the line. I believe I crossed the lines but I didn’t mean to. RATHER (VOICE OVER) AND THOSE NEW RECRUITS FROM AMONG POLITICAL PARTY LOYALISTS, UGELOW SAYS, HAVE BROUGHT SIGNIFICANTLY FEWER EMPLOYMENT DISCRIMINATION CASES IN THE LAST FEW YEARS. FOR INSTANCE, HE SAYS, ONLY ONE CASE PER YEAR INVOLVING RACE HAS BEEN FILED UNDER THIS ADMINISTRATION. OF THOSE, ONE IS ABOUT DISCRIMINATION AGAINST AFRICAN-AMERICANS. RATHER What about during the Reagan administration. Another republican administration. or in the republican administration of George Bush I. UGELOW Enforcement was vigorous in both the Reagan Administration and Bush I. It was unbelievably vigorous. RATHER (VOICE OVER) WHEN THEY WERE DROPPED, THE FEMALE CUSTODIANS FOUGHT ON, NOW WITH THE AMERICAN CIVIL LIBERTIES UNION ON THEIR SIDE. AND LAST YEAR, A DISTRICT COURT RULED THAT THEIR SETTLEMENT AGREEMENT SHOULD BE UPHELD. MANOUSAKIS Has it been worth it? We didn’t have a choice but so, I’d have to say yeah, it’s been worth it. It was you know, either carry on, or perhaps be jobless. CALDERO And, I’m very happy that I stuck it out. And, I didn’t let my peers push me back—or the U.S. Government. RATHER (VOICE OVER) FOR OTHER MINORITY PLAINTIFFS IN THE CASE IT'S STILL NOT OVER AND THE CASE IS NOW ON ITS 11TH YEAR. UGELOW How do you explain to them that we’re reversing position? We no longer advocating for you. We’re advocating for your opponent. What kind of credibility do you have with them. What does it say about the Department of Justice to do those things. RATHER What does it say about them? UGELOW This is a terrible thing. People lose faith in the government and the courts lose faith in the in the attorney's for the Department of Justice. RATHER But looking at the overall picture based on your experience and your opinion what's happening with civil rights law enforcement in this Justice Department at this time. SCHUHAM It’s dramatically declined and in some cases, as in the New York City case, it’s not just a decline of civil rights investigations in cases, it’s actually a wholesale attack on civil rights cases and investigations. The Civil Rights Division was created to be the Federal Government’s beacon to ensure that American civil rights are not violated and to know that the federal government can step in and protect them when civil rights violations have happened. It’s- it’s power and its work has been greatly undermined and I think it will talk many people digging in and doing a tremendous amount of work at some point in the future to rebuild it. RATHER (VOICE OVER) DESPITE REPEATED REQUESTS FOR COMMENT, WE DID NOT RECEIVE ANY RESPONSE FROM THE JUSTICE DEPARTMENT. BUT EARLIER THIS YEAR, THE ASSISTANT ATTORNEY GENERAL FOR CIVIL RIGHTS -WAN KIM DEFENDED THE DIVISIONS WORK IN A LETTER TO A HOUSE SUBCOMMITTEE. HE WROTE THAT THE DIVISION HAS MANY ACCOMPLISHMENTS, THANKS TO QUOTE "A HIGH LEVEL OF TEAMWORK BETWEEN CAREER ATTORNEYS AND POLITICAL APPOINTEES" AND THAT "THERE IS NO POLITICAL LITMUS TEST IN MAKING HIRING DECISIONS" RATHER (ON CAMERA) BEFORE THE MID 1960'S, MANY AMERICANS OF COLOR WERE PREVENTED FROM VOTING. A WEB OF STATE AND LOCAL LAWS’ DECEIT AND CONSPIRACIES AMONG POWERFUL WHITE INTERESTS AND INTIMIDATION BACKED UP BY BEATINGS AND MURDERS MADE THAT THE REALITY. THEN A GROWING CIVIL RIGHTS MOVEMENT FINALLY DEMONSTRATED THAT IT WAS GAINING MOMENTUM IN THE CONSCIOUS OF AMERICA. IN 1965, PRESIDENT LYNDON B. JOHNSON URGED CONGRESS TO PASS A VOTING RIGHTS ACT. ADDRESSING POTENT RESISTANCE FROM THE SOUTH, ESPECIALLY FROM ENTRENCHED SOUTHERN POLITICIANS FROM HIS OWN PARTY JOHNSON STATED "EVERY AMERICAN CITIZEN MUST HAVE AN EQUAL RIGHT TO VOTE." TODAY, MORE THAN FORTY YEARS AFTER THAT ACT WAS PASSED, LAWYERS INSIDE AND OUTSIDE THE DEPARTMENT OF JUSTICE SAY POWERFUL INTERESTS ARE ONCE AGAIN PLAYING PARTISAN POLITICS WITH THE RIGHT TO VOTE. RATHER (VOICE OVER) ROSALIND LAKE REMEMBERS VIVIDLY THE DAYS WHEN HER MOTHER WOULD GO TO VOTE. ROSALIND LAKE, VOTER My mother, she’d make a big deal, She’d get all dressed up, put on her hat and go to vote so when it was my turn to go vote, I was so happy. I was just grinning from ear to ear. I’m voting, I’m voting, I’, voting and I floated all the way home, I was so happy. RATHER (VOICE OVER) AND IT IS A RIGHT THAT SHE HAS ENJOYED EXERCISING OVER THE YEARS. LAKE Oh my goodness, I voted for Nixon, and after I voted for Nixon, I vowed I would never vote again ‘cause I voted him in. I voted for Kennedy, I didn’t vote for Reagan. I voted for Carter. I loved Bill Clinton—you not supposed to vote because of this but I saw him and I just fell in love with him. RATHER (VOICE OVER) TODAY, ROSALIND LAKE IS AT THE CENTER OF A LEGAL BATTLE INVOLVING THAT ONE BASIC CONSTITUTIONAL GUARANTEE SHE ENJOYS SO MUCH - THE RIGHT TO VOTE. IT'S SOMETHING SHE MAY NOT BE ABLE TO DO IN THE NEXT ELECTIONS BECAUSE EVEN THOUGH SHE IS REGISTERED TO VOTE SHE DOESN'T HOLD RIGHT NEWLY REQUIRED PHOTO IDENTIFICATION. LAKE They wouldn’t take these, and they wouldn’t take this either—you have to have a state ID. RATHER (VOICE OVER) IF LAKE LIVED IN ALMOST ANY OTHER STATE IN THE COUNTRY THE IDENTIFICATION SHE HAS WOULD BE ENOUGH. TODAY, ONLY THREE STATES HAVE A LAW REQUIRING GOVERNMENT ISSUED PHOTO I.D.S FOR THOSE WHO SHOW UP IN PERSON TO VOTE AND LAKE LIVES IN ONE OF THEM: GEORGIA. JENNIFER AUER JORDAN IS A MARIETTA ATTORNEY REPRESENTING LAKE AGAINST THE STATE OF GEORGIA. JENNIFER AUER JORDAN, LAKE’S ATTORNEY In 1997, Georgia passed one of the few laws that required some form of identification, and you could bring one of 17 forms of identification to the polls with you which could be a utility bill, or-- or any kind of college identification card whether it be a private or public university. What helped the 1997 law pass clearance was the fact you could sign an affidavit saying I am who I am and I’m registered to vote and I want to cast a ballot and I don’t have identification. RATHER (VOICE OVER) THAT AFFIDAVIT PROVISION WAS A "FAIL SAFE" METHOD PUT IN PLACE BY THE US JUSTICE DEPARTMENT'S CIVIL RIGHTS DIVISION, TO GUARANTEE STATE RESIDENTS THEIR CONSTITUTIONAL RIGHT TO VOTE. BUT IN 2005, GEORGIA'S REPUBLICAN LEGISLATURE AND GOVERNOR CHANGED THE LAW - AFFIDAVIT'S WERE NO LONGER ACCEPTED AND THE NUMBER OF ID'S THAT COULD BE USED WAS DECREASED FROM 17 TO SIX. ATTORNEY JOSEPH RICH, SPENT THE LAST SIX OF HIS 37 YEARS AT THE U.S. JUSTICE DEPARTMENT AS CHIEF OF THE VOTING RIGHTS SECTION IN THE CIVIL RIGHTS DIVISION. RATHER What was the case in Georgia vis a vis allegations of continuing discrimination? JOSEPH RICH, CHIEF OF VOTING RIGHTS SECTION AT U.S. DEPARTMENT OF JUSTICE Georgia had passed a voter identification law which required everybody in the state, if they were going to vote, to have photo ID. There’s a lot of people that are poor, elderly, disabled that have problems having ID. This law falls most heavily on them because they have trouble getting IDs. DAN RATHER (VOICEOVER) UNDER VOTING RIGHTS LAW, THE JUSTICE DEPARTMENT HAD TO SIGN OFF ON THOSE CHANGES BECAUSE GEORGIA IS WHAT'S KNOWN AS A SECTION FIVE STATE. RICH Section Five of the Voting Rights Act covers just nine states from the old confederacy and parts of about seven other states. It was designed to catch those states that had a long history of discrimination. RATHER Section five being? RICH The Section Five is the part that requires the Department of Justice to review any voting change. RATHER How does it work? RICH Whether at the state level, the county level, city level, school board level, water district level, every voting change passed by a jurisdiction has to be either submitted to the Department of Justice to have it looked at, to be reviewed to see if it puts minority voters in a worse position than they had been under the previous law. RATHER (VOICE OVER) IN THE CASE OF THE GEORGIA VOTER I.D. ACT, THAT PRE-APPROVAL PROCESS LED TO CONTENTIOUS DEBATE WITHIN THE US DEPARTMENT OF JUSTICE. THIS INTERNAL MEMO, FIRST LEAKED TO THE WASHINGTON POST, SHOWS THAT THE CIVIL RIGHTS DIVISION ATTORNEYS, IN A FOUR TO ONE DECISION, OBJECTED TO THE PROPOSED GEORGIA ACT. THEIR RECOMMENDATION WAS THEN OVER-RULED BY THE POLITICAL APPOINTEES IN THE JUSTICE DEPARTMENT. ROY BARNES, FORMER GOVERNOR OF GEORGIA I was shocked that’s when I knew that the Justice Department had become a political animal when it was pre-approved. RATHER (VOICE OVER) FORMER DEMOCRATIC GOVERNOR ROY BARNES IS A GEORGIA NATIVE WHO HAS DEALT WITH ATTORNEY'S FROM THE CIVIL RIGHTS DIVISION FOR DECADES. BARNES I knew form the folks I had dealt with before and dealt with the Department of Justice, this was not going to get pre-approved and then it did. I dealt over the years with the Department of Justice, the Voting Rights Section and I found them to be very professional. What’s happened in the last few years is they’re being overruled by the political appointees and I think those are tragic circumstances. RATHER (VOICE OVER) BARNES HAS WITNESSED THE CIVIL RIGHTS MOVEMENT FIRST HAND. BARNES The Voting Rights Act has been more effective than any other act I know passed by Congress because it completely opened the doors for those of color who had been excluded- and remember race is the third rail in southern politics. RATHER (VOICE OVER) AFTER APPROVAL AT THE DEPARTMENT OF JUSTICE, THE BILL WENT BACK TO THE GEORGIA LEGISLATURE WHERE IT WAS COUCHED AS A WAY TO QUOTE “COMBAT VOTER FRAUD.” BARNES They posed it and spun it this way: either for this bill or you’re for voter fraud. RATHER (VOICE OVER) THE BILL PASSED EASILY IN THE GEORGIA LEGISLATURE. BUT FOR SOME OBSERVERS, IN BOTH PARTIES IT WAS LESS ABOUT FIGHTING FRAUD THAN IT WAS ABOUT SUPPRESSING MINORITY VOTING. BARNES I was just outraged that politics would have been taken so far and it looks to me, we are returning to the south of old. We know who these people are that generally don’t have drivers licenses. JORDAN Amazingly, as it always does, these things just kind of- are serendipitous, it happened before a big election year in the state. And really a lot of the folks, and a lot of different organization, Common Cause Georgia and then the League of Women Voters they really felt that it was like playing politics with the right to vote. RATHER (VOICE OVER) CIVIL RIGHTS SUPPORTERS, AND MANY OTHERS, SAW IT AS A DIRECT STRIKE AT VOTERS WHO WOULD HAVE PROBLEMS GETTING THOSE NEWLY REQUIRED TYPES OF CREDENTIALS. BARNES We know exactly who they were targeting and they were folks of low income and color and that’s despicable, it’s absolutely despicable. It’s not what I got into politics for, it was not the- the ideals that I thought, that drove me to public service and I’ve never seen anything like it. RATHER (VOICE OVER) BARNES INITIATED THE LAWSUIT, WHICH IS CURRENTLY UP BEFORE THE GEORGIA SUPREME COURT. HIS KEY PLAINTIFF IS ROSALIND LAKE, WHO HAD ATTEMPTED MANY TIMES TO GET AN OFFICIAL GEORGIA I.D. HER CASE ILLUSTRATES HOW DIFFICULT IT CAN BE. LAKE I had to take a bus, a train and another bus when I got off the train. RATHER (VOICE OVER) LAKE, WHO IS DISABLED AND HAS A HARD TIME SEEING, WAITED IN LINE FOR HOURS. LAKE Long, long line going all the way out the door. RATHER (VOICE OVER) WHEN SHE FINALLY GOT TO THE FRONT, SHE GIVEN A LIST OF DOCUMENTS SHE HAD TO PROVIDE TO VERIFY HER IDENTITY. LAKE I wrote to Delaware, for where my marriage license is, then I had to send to Harrisburg Pennsylvania to get my divorce papers. I had to write to Florida for my old ID. So I had to go through all of this and plus I paid for-- to get my marriage license from Delaware so I just said I’m through. JORDAN At the end of the day, we know that the ID requirement does disenfranchise or will tend to disenfranchise more persons that we should be encouraging to vote and that we have been historically encouraging to vote. RATHER (VOICE OVER) DEFENDERS OF THE NEW LAW SAY THEY ARE NOT PREVENTING PEOPLE FROM VOTING BUT ARE PROTECTING AGAINST VOTING FRAUD. THE GEORGIA SECRETARY OF STATES OFFICE, TOLD US THEY CANNOT COMMENT ON PENDING LITIGATION. THE GOVERNOR'S OFFICE SAYS THEY HAVE INITIATED PROGRAMS TO MAKE IT EASIER TO OBTAIN PHOTO ID'S AND THEY NOTE THAT REGISTERED VOTERS DON'T NEED AN ID IF THEY CHOOSE TO VOTE BY ABSENTEE BALLOT. JORDAN So many of the electorate in Georgia are functionally illiterate and when you’re talking about the poorest among us, in those that are elderly and those that are disabled that may have side issues the idea that someone is going to fill out, first procure an absentee ballot application is just ridiculous. The persons that tend to vote absentee, tend to be of a higher socioeconomic level and tend to be Caucasian; and so, the inverse of that being that if you’re poor and you’re a minority then you’re less likely to vote an absentee ballot. BARNES This represses the vote about five to six percent with strict voted ID. That’s the numbers that have been-- been pushed around and those are five to six percent of folks that generally vote Democratic. RATHER (VOICE OVER) ANOTHER CAVEAT OF THE VOTER ID LAW IS THAT IT POTENTIALLY EXCLUDES STUDENTS WHO ATTEND THE HISTORICALLY BLACK COLLEGES FOR WHICH GEORGIA IS SO WELL KNOWN. JORDAN So you can use an identification card from the University of Georgia but you can’t use it from Morehouse, and so the idea that one is okay because it comes from public university and one isn’t because it comes from a private university, we also think is a little irrational. RATHER (VOICE OVER) TO BARNES, ITS DIRTY POLITICS HAVING LITTLE OR NOTHING TO DO WITH VOTE FRAUD AND GOES AGAINST EVERYTHING FOR WHICH THE VOTING RIGHTS ACT WAS CREATED. HE SAYS, WHAT HE CALLS THE UNDERHANDED, BEHIND-YOUR-BACK TACTICS NEED TO STOP AND STOP NOW. BARNES If you want to repeal the Voting Rights Act, if an administration wants to repeal, take it to Congress, don’t do it by subterfuge by changing the enforcement of it. JORDAN The Department of Justice use to really be considered kind of this stalwart. You could always go to them to not be political and that at the end of the day, they were going to make the right decision based on the law and based on the Constitution. But now, we can’t even depend on them to actually do what they need to do under the Constitution of the United States to make sure that everyone participates in this democracy. BARNES You are tinkering with something that is like nitro-glycerin and there are some things, as I found out, there are some things more important than re-election, and I will tell you, there are some things more important than staying in power and this is one of them. RATHER (VOICE OVER) THE RESULT, HE SAYS, IS THAT FUTURE GENERATIONS MAY HAVE TO RELIVE THE GUILT AND SHAME THAT THOSE FROM HIS TIME HAVE. BARNES When they integrated Central High School in Little Rock, there is a famous photograph of a young white girl screaming at the young African-American girls going in. They went back and found that young white girl and at first she denied that it was her, and then she said she was ashamed. All of us in the south that came through the Civil Rights era, we have a day like that, and we look back and say why did we ever do that, I saw how wrong it was. I’m not sure the current generation either white or black fully appreciates how far we’ve come and how fragile it is. LAKE With my background, growing up the way I did, during that era there were so many people that fought and died just for the right to vote. We take for granted that we have the, you know we have these rights, and so the generation now some of them they could care less, whether they vote or not but my generation and I believe just to have the right to vote, that’s privilege and an honor. RATHER (VOICE OVER) THE GEORGIA VOTER I.D. LAW IS CURRENTLY ON HOLD WHILE A CONSERVATIVE GEORGIA SUPREME COURT DECIDES ITS FATE. A DECISION IS EXPECTED BY THE END OF THE MONTH. LAKE SAYS SHE HOPES THE DECISION IS IN HER FAVOR BECAUSE SHE'S GOT THE 2008 ELECTION TO FOCUS ON. LAKE This is a biggie, this is a real biggie. I would, you would have to come and get me from somewhere. They’d have to put me in a straight jacket if I could not vote this time. RATHER (VOICE OVER) ONLY TIME AND JUSTICE, WILL TELL. LAKE When I’m gone on, they’ll say, well Miss Rosalind stood for so and so and so.. When, as Martin Luther King said, when they talk about me, I want them to talk about me and remember me as a humble person, and a person that stood for something and didn’t back down. RATHER (ON CAMERA) FORMER CAREER GOVERNMENT ATTORNEY JOSEPH RICH NOTES THAT IN THE LAST SIX YEARS ALTHOUGH VOTING RIGHTS CASES FILED ON BEHALF OF HISPANICS HAVE NOT DECLINED, ONLY ONE VOTER DISCRIMINATION CASE ON BEHALF OF AFRICAN AMERICANS AND NONE FOR NATIVE AMERICAN VOTERS HAS BEEN FILED UNDER THIS ADMINISTRATION. DAVID IGLESIAS, FORMER U.S. ATTORNEY None of us knew because none of us were given any , initially, for our firings. RATHER (VOICE OVER) I TALKED TO DAVID IGLESIAS FROM NEW MEXICO, ONE OF THE FORMER U.S. ATTORNEYS AT THE HEART OF THE GROWING JUSTICE DEPARTMENT SCANDAL. RATHER First let me ask you, have you ever done anything professionally that would've been grounds for dismissal as a U.S. attorney? IGLESIAS No. Nothing like that. And absolutely no warning by the Justice Department or anyone in Washington, D.C. relative to that question. RATHER How did you find out that you'd been fired? IGLESIAS Well, I got a phone call out of the blue on Pearl Harbor Day, December 7th of 2006 informing me that the administration wanted to go a different way and that I was expected to turn in my resignation effective the end of January of ’07. RATHER Surprised? IGLESIAS Surprised doesn’t really get there. I was thunderstruck. I was stunned. I was flabbergasted. I’d never received any call like that in my entire life. RATHER Now when you heard that the firings of the U.S. attorneys were due to quote, "performance issues," what was your reaction? IGLESIAS I went through the roof. I was perfectly content to leave my job quietly, which I’d been advised to by friends who are still part of this administration, until Paul McNulty, the first week in February of this year testified that we had performance related reasons. And I knew that to be absolutely false. And I had been in contact with some of my other—fired colleagues. And we had loosely agreed that if performance was a reason that came up, that we would start pushing back. RATHER (VOICE OVER) HE AND SEVEN OTHER FIRED U.S. ATTORNEYS BEGAN TO DO JUST THAT. DAVID IGLESIAS TESTIFIED BEFORE CONGRESS ABOUT WHY HE BELIEVED HE WAS FIRED. IGLESIAS I was nominated in August of 2001. I was confirmed by the U.S. Senate in October of 2001, I was sworn in. And then I began my duties as a United States Attorney, enforcing federal law—typically criminal law, immigration cases, narcotics cases, things of that nature. I had no difficulty in terms of there being any warning that I was in trouble or I violated any policy, that I was teeing anybody off in the White House. But I did hear some grumbling from local Republicans in New Mexico, that I wasn’t doing anything regarding voter fraud. They were convinced there was massive voter fraud going on at this battleground state of New Mexico. RATHER Was there? IGLESIAS Well. I thought there was. And I wanted to prosecute voter fraud cases. But upon investigation by the FBI and by main justice and our state and local partners, after a year of looking at over one hundred complaints, I didn’t find one prosecutable federal case. So I didn’t prosecute any cases. RATHER Now when you came in as a new U.S. Attorney, were there expectations then that you would pursue voter fraud? IGLESIAS I didn’t hear anything about voter fraud until 2002. And then I got some e-mails and there were some memos sent out to every United States Attorney saying, “Please reach out to the Secretary of State, work with your local campaign officials, offer your assistance, liaison with the FBI,” ‘cause the FBI isn’t always interested in voter fraud cases ‘cause they’re not big ticket items, so to speak. And then again in 2004, we got a second wave of e-mails and memoranda saying, “You need to look, help out with voter fraud.” RATHER It was made clear to you that voter fraud was a priority. Why? IGLESIAS Well, I can only speak as to New Mexico. Because the—in 2000, that was the closest margin of loss for President Bush. The President—or Vice President Gore—won by less than four hundred votes. And there were reports, there was a belief that there was massive fraud going on. And the only reason that Vice President Gore won was because of fraud. I believe that the part, both nationally and locally, wanted to prevent that type of action from occurring again. So they—at the national level, wanted U.S. Attorneys to at least look into voter fraud and to investigate cases like that. RATHER Any possibility or not it's also, as some democrats charge, a form of vote suppression, particularly in areas where republicans traditionally don't do well in a state such as New Mexico? In your opinion, anything to that? IGLESIAS There may be. Or it could be—two sides of the same coin. I do know that—there’s been a lot of criticism—of voter fraud prosecutions as being a political tool to suppress minority voters. On the other hand I’m also aware that some republicans believe that voter ID laws are—are very, very important. So I just wanted to do my job. I believe there to be voter fraud cases that were prosecutable. But after examining the evidence, I disagreed and didn’t authorize any prosecutions. It turns out later that was one of the two things that undid me, so evidently the local republicans complained to Senator Pete Domenici, who complained to Karl Rove, complained to the Attorney General, Alberto Gonzales, complained to President Bush. I didn’t know any of this. Nobody had told me from Washington, D.C. this was a problem, ‘cause again, I thought my job was, “Stay out of politics, prosecute cases based on evidence and merit alone.” So the second thing was in the fall of 2006. So this is five and a half years into my term. I get a phone call from Congresswoman Heather Wilson, mid October. She wants to know about alleged sealed indictments. Evidently she’d been reading in the local press my office was engaging in investigations regarding public corruption of typically democrat officials at the state level. I told her essentially well, well, I didn’t answer her question, because there are confidential matters. These are sealed matters that I can’t discuss with anyone outside the office, even a member of Congress. She didn’t get what she wanted in the short conversation; she was locked in a very tight race at that time. In fact I think she may have been behind in the polls or at a dead heat. So her last comment was, “I guess I’ll have to take your word for it,” which told me she did not take my word for it. Approximately two weeks later, 27th, 28th, thereabouts of October, I get a second phone call from Senator Pete Domenici, our Senior Senator. He’s been in the office for 35 years. And he was my sponsor. He was the one who helped get me my appointment. He called me at home, and—he wanted to know—about these corruption cases or corruption matters. And again, same sorts of cases that Congresswoman Heather Wilson wanted me to talk about, and specifically, he wanted to know, “Are these going to get filed before November?” Well, what happens in November? That’s when the election is. And I tried to dodge the question by just saying well, I didn’t think so. His only comment was this: “Well, I’m very sorry to hear that.” And then the line went dead. In other words, he hung up on me. And then that was—that was that—that second call. And I felt physically sick after receiving that second phone call. RATHER You felt physically sick, what else did you think? IGLESIAS Well, I felt like he was pressuring me. He was leaning on me to put these cases on the fast burner, on the front burner, to get these filed before the election. That’s the message that I took. RATHER But did you feel that your job was in jeopardy? IGLESIAS Possibly. I had a bad feeling. I’ll just say in a general sense, I had a bad feeling. I had a bad feeling something bad was going to happen to me. But after Congresswoman Heather Wilson won by 800 and some odd votes, I figured it would go away. Well, it didn’t go away. And I later found out my name was put on the list to be forced out on Election Day. I was the last U.S. Attorney to be added to that list. I had never been on any prior list to be asked to resign. RATHER What do you think happened? IGLESIAS Here’s what I think happened. And I think right now there’s great circumstantial evidence. There’s no direct evidence yet. I think the direct evidence in the form of an email, it is on an RNC serve somewhere, it’s in Karl Rove’s safe somewhere. But I think what happened is, when Domenici and Wilson didn’t get what they wanted from me, which was a promise that I would get these indictments done before the election, that they called up Rove again and said, “Iglesias is not playing ball. This U.S. Attorney needs you—to be replaced because he’s not playing politics with us.” RATHER If one believes that, that's pretty raw. IGLESIAS That’s ugly. RATHER You believe it? IGLESIAS I do. And I think the direct evidence will eventually corroborate what I’m saying, what I think happened. RATHER What are the consequences of this? Why should anyone care? And first of all, what are the consequences for the Justice Department? IGLESIAS Well the Justice Department not only has a dark cloud, but it’s in the middle of a maelstrom. Because historically in prior administrations, republican and democrat, the Justice Department’s mission, its’ core mission has remained apolitical. And this was an attempt to inject partisan politics at field level, that is, throughout the country in a way that’s inconsistent with history and with our Constitution. The people of the United States should know that when a federal prosecutor charges somebody with a crime, the only basis for the charge is evidence, that partisan politics plays no part whatsoever. RATHER Heard anything about the civil rights division? IGLESIAS Yes. In terms of there being a pressure put on by appointees against career people trying to hire republicans only in Civil Rights, that’s wrong also. That violates federal civil law. And that’s unacceptable. RATHER Well where does this stand now? IGLESIAS Well, as I understand it—I doubt if the Attorney General will be called back to testify. I think both the House and the Senate will be calling more witnesses to figure out the true reason why we were fired. And after hours of testimony, and literally thousands of pages of documents produced, we still don’t know who put our names on the list. HEARING FOR ALBERTO GONZALEZ “Mr. Attorney General I, am frankly disappointed that you are unable to answer the first and most basic question of who put these U.S. Attorneys on the firing list and why.” IGLESIAS Not one Justice Department official has owned up to, “Why were these names put on the list specifically, and who put them on the list?” If nobody at the Justice Department put our names on the list, the only possible place is the White House. And I believe that’s why they’re circling the wagon so tightly around Karl Rove. RATHER Well fair to say that by any reasonable analysis, that you were someone that the republican party looked on as a future star. Ran for Attorney General. Ran a close race. Did you see yourself that way? IGLESIAS Sure. I had political aspirations, as lots of United States attorneys do. RATHER Where’s that stand now? IGLESIAS Oh, I have no political aspirations. I want to do something else very different now. RATHER What about the question which must have been put to you, why not be loyal to the President? IGLESIAS My loyalty stops where the Constitution begins. So, you know one of the things that I learned early on, I don’t remember Watergate very well, Mr. Rather, ‘cause I was young. But one of the things that I do remember is lots of the President’s men went to federal prison. And I didn’t want to add my name to a list of people that are willing to cut corners in the name of loyalty, misplaced loyalty, and break criminal laws. You know, there’s a word for a prosecuted files, a malicious prosecution. RATHER And that word is? IGLESIAS Corrupt. Corrupt prosecutor. RATHER What about the argument, "listen, every President does this. Administrations have been doing this as far back as at least Thomas Jefferson or James Madison, so what's the big deal?" IGLESIAS Oh, I don’t buy that. And I’ve based that on Justice Department employees that I’ve talked to that have served 30 years and longer, served in administrations going back to the 1970s. And they can’t think of any situation similar to this. This was a major fiasco that was foisted on the United States Attorneys that were asked to leave. RATHER And if one of your republican friends comes up to you-- I’m not suggesting they have-and says, "you know, I can understand why you were thunderstruck. I can understand why you're hurt. But you know, by talking the way you do you help the Democratic Party at a critical time for our own republican party." you say what? IGLESIAS I say, “Maybe they should have thought of that when they made those phone calls.” Maybe the Justice Department should have thought of that when they did the wrong thing by asking people that—that were doing a good job to leave, and then lying about them under oath. Now we’re not responsible for this mess. The Justice Department is. RATHER Well, if it is true you've laid out the case for the U.S. Attorneys, others have laid out the case of what's happening in other divisions at the Justice Department why should your regular American care about what's happening internally at the Justice Department? Why shouldn't we, the people, take the view, "you know in the end it's all politics. Justice is-just like Treasury, just like State. They're gonna honeycomb it with political appointees, whether they're democrats, republicans, or mugwams." IGLESIAS Well at the top level, sure there are political appointees that come and go. But in terms of affecting the core mission, every American regardless of their political affiliation, should have full faith and confidence that the only reason they’re being charged or their friend or family member or employer is being charged with a federal crime, is because there is evidence beyond a reasonable doubt that this person broke the law, that politics can never enter into that calculus. We’re not some poor third world country that has a history of corrupt prosecutions. We’ve always maintained that separation. So I think the average American gets it, Mr. Rather. DAN RATHER (ON CAMERA) OVER THE PAST HALF CENTURY, CIVIL RIGHTS LEGISLATION, AT TIMES CONTROVERSIAL AND OFTEN HARD-WON, HAS REDEFINED THE AMERICAN EXPERIENCE, TO THE POINT WHERE ASPECTS OF LIFE BEFORE THE CIVIL RIGHTS ERA ARE ALL BUT UNRECOGNIZABLE TO US TODAY. WITHOUT A NATIONAL DEBATE, WITHOUT LAYING A CASE BEFORE CONGRESS, AND THE PEOPLE, IS OR IS NOT THE CURRENT ADMINISTRATION, SEEKING TO REMAKE THE CIVIL RIGHTS LANDSCAPE? TONIGHT, YOU'VE HEARD HOW SOME BELIEVE PRESIDENT BUSH'S JUSTICE DEPARTMENT HAS MADE A BREAK FROM THE PRACTICES OF ADMINISTRATIONS PAST. SOME AMERICANS MAY AGREE WITH THE ADMINISTRATIONS APPROACH. OTHERS DISAGREE. BUT WHAT SEEMS VITAL, WHEN FUNDAMENTAL RIGHTS ARE AT STAKE, IS THAT CITIZENS UNDERSTAND THAT IT IS POSSIBLE FOR OUR COUNTY'S LEGAL FOUNDATIONS TO BE SHIFTED WITHOUT HEADLINES, WITHOUT FANFARE, AND WITH VERY LITTLE PROTEST OR EVEN REACTION, FROM AN UNAWARE PUBLIC. FOR HDNET, DAN RATHER REPORTING. GOOD NIGHT.
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