The Justice Department's actions should honor the First Amendment

Harrington: James C. Harrington, DIRECTOR, TEXAS CIVIL RIGHTS PROJECT
Thursday, July 03, 2008

A number of social justice and environmental groups, including the Texas Civil Rights Project, recently learned we appeared on the U.S. Department of Justice employment "hit list." The June 24 report, prepared for Congress by the DOJ Offices of Inspector General and Professional Responsibility, revealed rampant partisan, politically-motivated hiring at DOJ.

Anyone who ever worked with TCRP was barred from DOJ employment. We were branded as a "liberal" organization, as juxtaposed to "conservative" groups (from which DOJ would hire).

There is nothing uniquely "liberal" about TCRP's work. In fact, you could just as well call it "conservative" since our job is to protect and defend the constitutional and civil rights of poor and low-income people who do not have the resources to hire their own attorney.

What the Administration really was doing, until caught, was "no-listing" organizations it perceived as opposing its policies or actions, and favoring those groups that were supportive.

I have been doing civil rights work for 35 years, and it makes not one bit of difference to me whether the Administration is Republican or Democrat; if the government violates the law and hurts people, the courts are there for redress. Our job is to help people find redress.

The most reprehensible part of this secret DOJ agenda was how it hurt the lives of young folks, especially law students, who come to volunteer with us. About 25 law students and volunteers generously give their time every year to help us help people. Examples of the some of their work include handling cases for people with physical disabilities, assisting abused immigrant women become independent and get status in this country under the Violence Against Women Act (VAWA), helping farm workers collect minimum wages, suing police officers who engage in brutality, and so on.

Why should their future careers be penalized because of their personal generosity and sacrifice as students? They give up significant summer salaries to help people, only to be punished by their government. In prior Administrations, both Republican and Democratic, DOJ has hired students who have worked with TCRP, but that was when DOJ hired people on merit. That has not been the case with this Administration. One would think that DOJ would want to hire students or lawyers who have done community work and understand the day-to-day application of the law.

If the First Amendment means anything, it is that people have to right to say, think, and do as they want, so long as they don't hurt others, without any political retaliation from the government. DOJ apparently has yet to learn, and practice, that basic premise of our democracy.

It's especially reprehensible when this systemic political discrimination occurs in the very agency charged with enforcing fair and impartial justice throughout the country.

On July 4, we celebrate our declaration of independence from a monarchy that plagued the colonies with political suppression and favoritism. The question to ask ourselves this year is how does it happen our Department of Justice is now doing the same thing, albeit in a kinder and gentler fashion, but still oppressively? And, once having asked the question, what are we going to do to make sure our government respects our rights, and not undermines them?