Obama: Fire Voting Rights Chief

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In a letter today, Sen. Barack Obama (D-IL) urged the acting attorney general to fire voting rights section chief John Tanner. Citing Tanner’s remarks earlier this month that “minorities don’t become elderly the way white people do: They die first,” Obama wrote that “Through his inexcusable comments, Mr. Tanner has clearly demonstrated that he possesses neither the character nor the judgment to be heading the Voting Rights Section.” He concluded: “For that reason, I respectfully request that you remove him from his position.”

Tanner made the comments as justification for his decision to overrule Justice Department staff attorneys and approve a Georgia voter ID law that was subsequently halted by a federal appeals court. Tanner made the novel argument that such laws actually discriminate against whites.

Things are only getting worse for Tanner. In a couple weeks, he’ll appear before the House Judiciary Committee, where he’ll get to explain personally to its 78 year-old African-American chairman that minorities don’t “become elderly.” He’ll also have to explain why he took the unprecedented step of publicly assuring officials in Columbus, Ohio that there had been no discrimination against African-Americans in the allocation of voting machines for the 2004 election. The fact that African-Americans had to wait in long lines deep into the night, he said, was due to “the tendency” for “white voters to cast ballots in the morning” and “for black voters to cast ballots in the afternoon.”

This is second time this month that Obama has come out hard against a controversial figure from the Civil Rights Division. Earlier, he joined with Sen. Russ Feingold (D-WI) in blocking the nomination of Hans von Spakovsky to the Federal Election Commission.

Obama’s letter is below.

October 19, 2007

The Honorable Peter D. Keisler
Acting Attorney General
Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Dear Mr. Keisler:

On October 5, 2007, at the National Latino Congreso in Los Angeles, John Tanner, the chief of the voting rights section of the Civil Rights Division, spoke on a panel regarding minority voters. During the course of that discussion, which focused on recent state laws requiring photo identification for voting, Mr. Tanner said that such photo ID requirements disadvantage the elderly “[a]nd that’s a shame.” He explained: “You know, creating problems for elderly persons just is not good under any circumstance.”

However, according to Mr. Tanner, such requirements do not disenfranchise minorities, and in fact, they actually benefit minorities. He said: “Our society is such that minorities don’t become elderly the way white people do; they die first. There are inequities in health care. There are a variety of inequities in this country. And so anything that disproportionately impacts the elderly has the opposite impact on minorities; just the math is such as that.”

Such comments are patently erroneous, offensive, and dangerous, and they are especially troubling coming from the federal official charged with protecting voting rights in this country. Mr. Tanner has already demonstrated questionable judgment in overruling the decision of Justice Department lawyers that the Georgia photo ID requirement would disproportionately discriminate against African Americans. For Mr. Tanner to now suggest, in an effort to defend his erroneous decision, that photo identification are not necessary for minority voters because “they die first” shows just how far the Justice Department has fallen. This is a disgrace and yet another reason why the next Attorney General must demonstrate a strong commitment to civil rights.

But, until the next Attorney General is confirmed, you are in charge of the Department, and you are in charge of ensuring that our laws are enforced and that the civil rights of all Americans are protected. Through his inexcusable comments, Mr. Tanner has clearly demonstrated that he possesses neither the character nor the judgment to be heading the Voting Rights Section. For that reason, I respectfully request that you remove him from his position.

Sincerely,

Barack Obama
United States Senator

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