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On Friday, April 23, the commission finally held its long-delayed hearing on the Justice Department’s now-infamous dismissal of almost all the cases it had already won by default against three members of the NBPP and the party itself for voter intimidation in Philadelphia in the November 2008 election. A number of Panthers, including two of the defendants in the lawsuit the DOJ dropped (Jerry Jackson and King Samir Shabazz), marched into the hearing room in their black, fascist-style paramilitary uniforms.

The very fact that the NBPP showed up in force refutes the claim made by the DOJ’s leadership that the case was dismissed because there was no evidence of coordination between the national organization and the Philadelphia chapter.

Documents recently obtained by Judicial Watch indicate that top political appointees at the DOJ were closely involved in the decision to dismiss the NBPP lawsuit, which multiple DOJ officials, including Holder, have denied in their sworn testimony. District Court ruled: The documents reveal that political appointees within DOJ were conferring about the status and resolution of the New Black Panther Party case in the days preceding the DOJ’s dismissal of claims in that case, which would appear to contradict Assistant Attorney General Perez’s testimony that political leadership was not involved in that decision.

The group claims that the records, which include internal DOJ email correspondence, “directly contradict testimony by Perez, who testified before the U. Commission on Civil Rights that no political leadership was involved in the decision.” Judicial Watch secured the documents pursuant to a Freedom of Information Act (FOIA) lawsuit: Judicial Watch v. The DOJ initially refused to turn over the documents, arguing they didn’t show “any political interference whatsoever.” However, a federal judge disagreed with their assertion and in a July 23, 2012 ruling, Judge Reggie B. Surely the public has an interest in documents that cast doubt on the accuracy of government officials’ representations regarding the possible politicization of agency decisionmaking. According to video and multiple witnesses, members of NBPP stood in front of the entrance of the polling station, one holding a club, and intimidated voters by using racial epithets and questioning people of their voting intentions.

On March 1, 2011, Holder testified before the House Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies and said: “The decisions made in the New Black Panther Party case were made by career attorneys in the department.

Petersburg Times, took a look at the facts to see if that contention was accurate.

They represented that story as if that is the guy who decided the election.

That was fake." A few weeks after that appearance, a Politi Fact reader wrote us to ask if we could fact-check Maddow’s statement that Fox News "said the New Black Panther Party decided the election for Barack Obama." So we will.

The department asked for, and got, an injunction prohibiting Shabazz from displaying a weapon within 100 feet of a Philadelphia polling location until 2012.

Many Fox News commentators criticized the government's position as outrageously lenient and saw it as evidence of an Obama administration double-standard on race issues.

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