This column by ACRU Policy Board member J. Christian Adams was published December 21, 2016 by PJ Media.
The age of Obama will be remembered for the grotesque perversion of law. The latest example is Justice Department and FBI inaction when it comes to death threats to members of the Electoral College who were voting for Donald Trump.
I was on Fox and Friends this week to discuss the failure to respond to these efforts to undermine the constitutional order:
Prior to their vote this week, member of the Electoral College received death threats by phone and email. Transmitting death threats via interstate communications is a federal felony punishable by up to five years in prison.
You can read 18 U.S.C. 875(c) yourself:
Whoever transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than five years, or both.
Hans von Spakovsky has also argued convincingly that the Voting Rights Act, Section 11, makes it a crime to threaten to kill members of the Electoral College. Recall that Section 11 was the same statute that we used to bring a case against the New Black Panther Party for intimidation when they stalked a polling place with a weapon in Philadelphia.
Obviously the Obama administration’s approach to Section 11 enforcement is determined by who the accused are and how they view the protected class.
In the case of the New Black Panthers, just as in the case of Trump electors receiving death threats, the Obama DOJ lawyers apparently don’t think the statute has much reach. As the president told a crowd, his administration is about hurting enemies and helping friends.
But don’t think the threats to members of the Electoral College were some quirky event confined to 2016. The threats were the product of a larger effort to destabilize the Electoral College and the constitutional order that created it. That’s why there were more Democrat “faithless electors” than there were Republican ones. Votes by electors in Washington state for Faith Spotted Eagle were an effort to make the Electoral College system seem absurd.
Electoral College foes would prefer giant urban areas with one-party control of the electoral machinery to decide who is the president. That’s what a national popular vote would accomplish. That’s also why extremists like Michael Moore did all they could to inject chaos into the Electoral College process.
So why didn’t the Department of Justice and the FBI do anything about threats to the Electoral College? By now, dear readers, after eight years of this lawless rot, you don’t need J. Christian Adams to answer the question. You already understand that this Justice Department only reacts to the ideological narrative of the extreme Left.
As I said on Fox News:
Remember Ferguson? Remember what happened after that police officer used legitimate deadly force? You had a president and attorney general grandstanding about a lie. And now you have real threats to the system, to the Constitutional order, by threats to electors, and they are deadly silent. It shows you what these people are really about, and good riddance to them on January 20.