Despite the spotlight being shone on the DoJ's politicization of the electoral system in Missouri and similar "swing" states all across the country, and despite a crushing defeat to their frivolous prosecution against the Show-Me State's Sec. of State Robin Carnahan, which was damn near laughed out of court last April, the DoJ has now signed the paperwork to file an appeal in the very same case.
We were tipped off to the appeal by one of our insider DoJ sources who yesterday had referred to Bradley Schlozman's Senate Judiciary Committee testimony as being "on the razor's edge of perjury." We've got some follow up details on that comment in a moment from the source we'll now call DoJ-Throat.
But as to the Missouri case --- in which Schlozman and the DoJ charged improper voters on the registration rolls, and "voter fraud" of all un-evidenced sorts --- rising yet again from the dead, there is little reported so far, other than a blog in Columbia, MO, quoting SoS Carnahan decrying the appeal.
"The judge who heard this case was clear and unequivocal that the Office of Secretary of State had done its job," says Carnahan, according to the Politics Blog at the Columbia Tribune.
Indeed, as we reported last April, after the case was dismissed, U.S. District Judge Nanette Laughrey pulled few punches in her criticism of the case. "It is also telling that the United States has not shown that any Missouri resident was denied his or her right to vote as a result of deficiencies alleged by the United States," Laughrey decided. "Nor has the United States shown that any voter fraud has occurred."
But, as Republicans are wont to do, apparently, it's time to fire up the judicial system yet again for more partisan, frivolous litigation, we suppose. They refuse to go away. Like Jason, in yet another bad Friday the 13th movie. If they continue their forum shopping all the way up to the Supreme Court perhaps they'll find some Bush-appointed judges who are more friendly to the Bush-appointed US Attorneys bringing the action.
For clarity, this is not the "voter fraud" case that Schlozzie brought just days before the '06 election against several ACORN workers in Missouri. You know, the one which was brought in violation of the DoJ's own written rules mandating such cases not be brought when they might have a political impact on elections. The one which was made to look as if ACORN had done something wrong when, in fact, it was ACORN themselves who had alerted the state to concerns about registration forms submitted by their own workers, and with which nobody had ever actually cast a fraudulent vote. That's the case which Schlozzie admitted, in his testimony yesterday to Sen. Patrick Leahy, could have just as well been brought two weeks after the election instead of just days before it. (If you haven't seen the video of the Leahy/Schlozman exchange on this, we strongly recommend it.)
Rather, the case being appealed by DoJ is the one which former Missouri USA Todd Graves refused to bring in 2005, but which Schlozman insisted on bringing. The one alleging improper maintenance of the voter registration rolls by the state, no doubt, at the recommendation of the GOP's St. Louis "voter fraud" scammer in chief, Thor Hearne of the ACVR, as NPR finally reported on this morning.
As to the former "voter fraud" zealot/chipmunk Schlozman --- who moved from his inappropriate position overseeing the DoJ Voting Rights unit to his inappropriate position replacing Graves as US Attorney for Missouri's Western District in order to bring more frivolous and inappropriately timed "voter fraud" cases in to intimidate Democratic voters during a very close Senate election last year --- our DoJ source had some additional thoughts after yesterday's "razor's edge of perjury" testimony in the Senate...