Ghosts of Joe Slovo

(Washington, D.C.) — Today, Chairman of the House Judiciary Committee John Conyers, Jr. (D-MI) released the attached letter  
questioning today's leaked report of a nationwide investigation into activities of the ACORN organization.  The full text of the letter is  
below.

October 16, 2008

The Honorable Michael B. Mukasey                            
TheHonorable Robert M. Mueller
Attorney General of the United States
Federal Bureau of Investigation
U.S. Department of Justice                                            
U.S. Department of Justice
950 Pennsylvania Avenue NW                          
935 Pennsylvania  
Avenue NW
Washington, DC  20530                                                
Washington, DC  20535

Dear Mr. Attorney General and Director Mueller:

             It is with shock and disappointment that I read today's  
Associated Press report that the Federal Bureau of Investigation has  
opened and leaked an investigation into whether ACORN, a longstanding  
and well regarded organization that fights for the poor and working  
class, is involved in nationwide voter fraud.

             As an initial matter, it is simply unacceptable that  
such information would be leaked during the very peak of the election  
season.  Such leaks of information about ongoing criminal  
investigation matters are always inappropriate, and likely violate  
the provisions of the U.S. Attorney manual governing release of  
information about ongoing investigations (and which, in any event,  
would require approval from the responsible U.S. Attorney or  
Department division before release1).  More significant in this case,  
however, they also run afoul of valuable  Department traditions  
regarding the need for cautious and sensitive handling of election-
related matters during the run up to voting (or, as here, while early  
voting is underway).  Indeed, I note with dismay that this sort of  
release likely would have violated the traditional principles stated  
in the Department's Election Crimes Manual, such as the requirement  
that prosecutors "must refrain from any conduct which has the  
possibility of affecting the election itself," and that "most, if  
not all, investigation of an alleged election crime must await the  
end of the election to which the allegation relates," but those  
provisions were removed by the Department in May 2007 as the U.S.  
Attorney controversy was unfolding and it was learned that former  
U.S. Attorney Brad Schlozman had apparently improperly brought  
enforcement action against ACORN volunteers during the run up to the  
2006 national elections.

             Moreover, this news is all the more troubling in light  
of the proven wrongdoing at the Justice Department in the United  
States Attorneys scandal.  As you are aware, there is extensive  
evidence that political operatives improperly pressured United States  
Attorneys to investigate and prosecute spurious claims of vote fraud  
in close proximity to an election.  When some did not, they were  
terminated.  Thus, one must view the timing of this extraordinary  
leak with added suspicion, given that it comes less than 24 hours  
after the Republican Presidential candidate raised these allegations  
in a nationally televised debate.

              I know that it has become a right-wing cottage industry  
to cry wolf over alleged "voter fraud" during an election season  
(only to have such claims evaporate after the election has  
concluded).  Indeed, using superlatives that would make P.T. Barnum  
blush, Senator John McCain, the Republican Presidential candidate,  
said in the debate last night, that ACORN "is now on the verge of  
maybe perpetuating one of the greatest frauds in voter history in  
this country, maybe destroying the fabric of democracy."  One would  
hope the Justice Department and FBI would more skeptically examine  
such sensational accusations than some cable news outlets.  And this  
is particularly true where the allegations, even given their fullest  
reading, simply do not support such alarmist and unreasonable claims.

             The facts as I understand them are these.  A  
longstanding and well regarded organization that fights for the poor  
and working class has come under partisan fire for its voter  
registration acitvities.  This organization has registered more than  
one million voters.  There are allegations that some paid workers  
essentially cheated ACORN by filling out registration forms with  
bogus names and incorrect information.  This of course would have  
harmed ACORN since ACORN pays to register potential voters, not  
phantoms, but – critically – does not deprive any person of their  
own right to vote or result in any unauthorized or fraudulent votes  
being cast.  As one expert in this field has explained, "Mickey  
Mouse may show up on a registration list, but he's not likely to  
vote."

             Furthermore, despite a long  partisan campaign to stir  
up fears regarding so-called "voter fraud,"  they have been unable  
to produce any credible examples of meaningful fraudulent voting that  
could have a tangible impact on any election.  Just this week, in  
fact, the Republican Governor of Florida, Charlie Crist, said - with  
respect to his state - that such allegations are "less than is being  
discussed" and ascribed these types of allegations to "some who  
enjoy chaos."  Similarly, the Republican Secretary of State has  
indicated that he does not believe that ACORN is engaged in  
systematic voting fraud.  Indeed, such allegations repeatedly  
dissolve under fair scrutiny.2

             At the same time, numerous allegations have emerged that  
political operatives are engaged in supression of eligible voters and  
this activity has apparently failed to receive the intense attention  
that the federal government is now reportedly devoting to ACORN.  For  
example, there are reports that the chairman of the Republican Party  
in Macomb County, Michigan, a key swing county in a key swing state,  
has planned to use a list of foreclosed homes to block people from  
voting in the upcoming election as part of the state GOP's effort to  
challenge some voters on Election Day.  Additionally, the Columbus  
Dispatch reports that the Ohio GOP in Franklin County,  "has not  
ruled out challenging voters before the election due to foreclosure-
related address issues."3

             Accordingly, I condemn the leak of this sensitive  
information and remind you both of your and your agencies'  
obligations to handle election-related matters in an appropriate and  
non-political matter as the election season proceeds.  In addition,  
please let me know no later than Thursday, October 23, 2008, if the  
release of information and all other actions taken regarding this  
investigation are consistent with the US Attorneys Manual and the  
Election Crimes Manual and, if not, what action has been taken in  
response.  Please direct your response to the Judiciary Committee  
Office at 2138 Rayburn House Office Building (tel: 202-225-3951, fax:  
202-225-7680).

Sincerely,