Assigned Reading: Malkin: Why is the DoJ Protecting New Black Panthers?
Thankfully, Michelle Malkin is more on the ball than I am. After all, I may have been the first one to report on the lawsuit in question when it was filed on January 7, 2009, but despite working in the courthouse and covering the Eastern District of Pennsylvania (which is why I had the filing in my lap before anybody else) for my day job, I never noticed that the Obama Justice Department had tossed out the default judgments in this case.
I share Malkin’s curiosity. I guess I could understand tossing out a default judgment if you really wanted the matter to go on and be heard on its merits, but in this case the lawsuit was dismissed as to two out of three defendants. At least the dismissal was without prejudice, but a dismissal after a victory by default is essentially the equivalent of a pardon.
Considering that the suit was seeking injunctive relief in the form of an order permanently enjoining the defendants from conducting similar operations at polling places in the future, and that default judgment would have provided the DoJ with a win, by tossing out the default judgment, I would imagine that the New Black Panthers would be free to operate in the same manner in upcoming elections, at least without running afoul of a court order.
Something doesn’t reconcile here, and I’m curious as to the reasons behind the dismissal. I’ll be following along as this progresses, that’s for sure.