Justice Department steers money to favored groupsMore than offensive, I'd say.
The Justice Department has found a new way to pursue civil rights lawsuits, using the powers of the Civil Rights Division not just to win compensation for victims of alleged discrimination but also to direct large sums of money to activist groups that are not discrimination victims and not connected to a particular suit.
In the past, when the Civil Rights Division filed suit against, say, a bank or a landlord, alleging discrimination in lending or rentals, the cases were often settled by the defendant paying a fine to the U.S. Treasury and agreeing to put aside a sum of money to compensate the alleged discrimination victims. There was then a search for those victims -- people who were actually denied a loan or an apartment -- who stood to be compensated. After everyone who could be found was paid, there was often money left over. That money was returned to the defendant.
Now, Attorney General Eric Holder and Civil Rights Division chief Thomas Perez have a new plan. Any unspent money will not go back to the defendant but will instead go to a "qualified organization" approved by the Justice Department. And if there is not enough unspent money -- that will be determined by the Department -- then the defendant might be required to come up with more money to give to the "qualified organization."
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Republicans are particularly concerned that the "qualified organizations" money might end up with groups that are associated with the community organizing group formerly known as ACORN. Republican lawmakers want to avoid sending federal money to groups that Congress has deemed unsuitable to receive it.
But the concerns of Republicans, and perhaps some Democrats, go beyond ACORN and other activist groups. The new Civil Rights Division tactic represents a departure from a fundamental principle of such cases, which is the pursuit of justice on behalf of actual victims. "If the Department of Justice recovers funds for alleged civil rights violations, the money should go to compensate victims or to the Treasury," says Bob Driscoll, who was a top official in the Civil Rights Division during the first two years of the George W. Bush administration. "The practice of the Civil Rights Division steering settlement funds to favored advocacy groups is at odds with both civil rights laws and common sense. If Congress wants to fund certain advocacy groups or set up grants for agencies to award in order to promote non-discrimination, it can. But allowing the Civil Rights Division to steer a defendant's money to its ideological allies is offensive."