Civil Rights Comission Squabble Now Involves Staff Director

Civil Rights Commission Squabble Now Involves Staff Director
By Jeff Johnson
CNSNews.com Congressional Bureau Chief
January 08, 2002

(CNSNews.com) - Former U.S. Civil Rights Commissioner Victoria Wilson, whose refusal to vacate her expired seat has triggered a legal battle with the Bush White House, finds support for her position in a memo written by the commission's staff director.

In the memo dated Dec. 21, 2001, Staff Director Les Jin claimed, "At the December 7, 2001, meeting, the Commission reaffirmed its position that all Commissioners serve six-year terms. Thus, the Commission reaffirmed that Commissioner Victoria Wilson's term did not expire on November 29, 2001."

Wilson was appointed by President Bill Clinton on Jan. 13, 2000 to fill the unexpired term of Judge A. Leon Higginbotham, whose death had created a vacancy on the commission. Because Higginbotham's term expired Nov. 29, 2001, the independent Congressional Research Service (CRS) says Wilson's term expired on that date as well.

The appointment of Wilson by the Clinton White House also specified that her term would expire Nov. 29.

So, on Dec. 7, President George W. Bush appointed Peter Kirsanow to take Wilson's place on the commission. He was sworn in at a White House ceremony after Commission Chairwoman Mary Frances Berry publicly stated that she would not allow him to be sworn in at the commission's meeting. The Justice Department filed suit after Wilson refused to vacate her former seat and Berry refused to recognize Kirsanow as Wilson's replacement.

Commissioner Jennifer Braceras says the contents of Jin's memo are news to her. In a Jan. 3 letter to Jin, she points out that the commission has never taken a vote on the length of commissioners' terms or on Wilson's tenure with the body.

"The Commission did not vote prior to December 7, 2001 on the length of Commissioners' terms or on Ms. Wilson's tenure at the Commission (nor is the Commission empowered to make such a determination)," Braceras wrote to Jin in a Jan. 3 letter. "Your suggestion, therefore, that the Commission had ever taken a 'position' that could have been 'reaffirmed' is incorrect," she added. "In truth, the Commission has never voted on the question of when Ms. Wilson's term expired and, indeed, it is not authorized to do so."

The letter, written by Braceras on behalf of herself, Kirsanow and Commissioner Abigail Thernstrom, goes on to explain that even if the commission had taken such a vote, doing so would have been illegal.

"Moreover, the Commission was not properly constituted pursuant to 42 U.S.C. \'a7 1975 et seq. when it purportedly met on December 7, 2001," Braceras continued. "Accordingly, any vote relating to this matter in which Ms. Wilson's view was registered is non-binding and ultra vires [beyond the powers conferred upon the Commission by law.]"

In his memo to the commissioners, Jin says, "To insure that the Commission's views on this matter are fully articulated and its interest adequately protected, I have asked our counsel at Paul, Weiss, Rifkind, Wharton & Garrison to petition to intervene in the lawsuit filed by the Justice Department against Commissioner Wilson.

"We will take all action that is appropriate and necessary to vindicate the Commission's position on this matter, and to protect its institutional concerns and independence," Jin added.

Braceras believes Jin has "acted far outside the scope of [his] authority as staff director."

"We are unaware of any legal basis for the engagement of private outside counsel by the Commission, and we are deeply concerned about the serious ethical and legal issues that would be raised by the use of taxpayer funds for this purpose," she continued.

Braceras says even if the commission did have the legal authority to retain outside counsel, the full body never voted on whether to do so concerning the Wilson case.

"Moreover, the full Commission has never considered the substantive question of whether the Commission has standing to intervene in the lawsuit between Ms. Wilson and Commissioner Kirsanow," Braceras added, "let alone whether it is appropriate to do so."

Braceras, Kirsanow and Thernstrom asked Jin to withdraw the motion to intervene in the lawsuit against Wilson and to terminate the relationship with the outside law firm.

"Finally, under no circumstances should our individual names appear on any document purporting to be issued in the name of the Commission which states a position on the pending litigation between Ms. Wilson and Commissioner Kirsanow," the letter concludes, "whether authored by Paul, Weiss or by any other person or firm."

Staff Director Jin is another Clintonoid - the brazen corruption of the democraps on this propaganda panel is disgusting, and in another time they would have all been physically thrown out at least in the street, if not in jail.

The time has come to abolish this useless comission,whose only objective now is to further the agenda of the Marxist wing of the democrap party.

Didn't I read in the Washington Times a couple of weeks ago that Jin was involved in the decision to hire the Paul Weiss law firm pro bono, something that is allegedly not legally permitted to the Civil Rights Commission?

"At the December 7, 2001, meeting, the Commission reaffirmed its position that all Commissioners serve six-year terms. Thus, the Commission reaffirmed that Commissioner Victoria Wilson's term did not expire on November 29, 2001."

I don't think this is newsworthy. This was done during the meeting that took place after the crap began to fly. The commission, at this meeting, took the entirely predictable steps of making it look like it endorsed Berry's position--which it, being stacked by Berry's cronies, did. This does not make Berry's position any more legal or credible---it's a toothless and entirely expected resolution.

I read a report today that said she "hired" a pro bono legal defense. Of course this is a contradiction in terms--she is scrambling, ineffectively, to avoid stepping in the crap she has created.

pro bono or fee-paid it's still not permitted.

I figgered "Civil Rights Comission" in the heading automatically implied BARF ALERT! :<)

I don't know, "Civil Rights Commission head Barry is fired and gets escorted out by federal marshalls" sounds kind of nice.

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