DOJ’s Controversial Use of Anti-KKK Law Stirs Political Debate

Department of Justice seal on phone, American flag background.

The Biden administration’s Department of Justice faces criticism for using a century-old anti-KKK law against conservative groups, sparking debate over potential political motivations.

At a Glance

  • The Biden-Harris DOJ is using a 19th-century law originally meant to protect black voters against political opponents
  • Conspiracy Against Rights charge has been used against pro-lifers, Douglass Mackey, and former President Donald Trump
  • Critics argue the law is being weaponized for politically motivated prosecutions
  • The DOJ has not responded to inquiries about the use of this law

Revival of an Old Law Raises Concerns

The Biden administration’s Department of Justice is under scrutiny for its application of a century-old anti-KKK statute against conservative political movements. This law, originally designed to dismantle white supremacist influence and protect black voters in the late 19th century, is now being wielded as a tool to target individuals and groups accused of conspiring against civil rights.

Legal experts have raised alarms about the DOJ’s use of the Conspiracy Against Rights charge, which is part of the Enforcement Acts. This charge carries severe penalties and prohibits conspiring to prevent individuals from exercising their Constitutional rights. The Biden-Harris administration has applied this law in several high-profile cases, including against pro-life activists and individuals accused of election interference.

High-Profile Cases Draw Attention

One of the most notable applications of this law was in the case of Douglass Mackey, who was charged with election interference for a 2016 social media post allegedly aimed at misleading voters. Mackey was convicted in 2023 and sentenced to seven months in prison, though he has not yet served time due to an ongoing appeal.

“They’re putting Douglass Mackey in jail for sharing a joking meme about Hillary Clinton seven years ago. Nobody ever heard of anything like that,” former President Donald Trump said.

The former president himself has not been spared from the reach of this law. Trump was also charged under the Conspiracy Against Rights statute for allegedly conspiring to overturn the 2020 election results. This application of the law against a former president has intensified the debate over its use in modern political contexts.

Criticism and Concerns

Critics argue that the DOJ’s use of this law reflects a broader trend of partisan influence within the department. They contend that reviving such legislation in modern contexts raises ethical questions about the potential misuse of historical laws to address current political rivalries.

“I was not aware of the Biden-Harris DOJ’s abuse of this harsh conspiracy against rights statute in these other contexts, but I am not surprised,” said Stephen Crampton, senior counsel for the Thomas More Society.

Crampton further explained the potential dangers of the law’s broad interpretation: “Given its expansive interpretation by the courts in years past, it has become a powerful weapon with which this corrupt administration can bludgeon its political opponents and instill fear in all who dare oppose them.”

Implications for Civil Rights and Political Dissent

The situation underscores the delicate nature of enforcing civil rights in a highly polarized era. It raises questions about whether this approach constitutes a rightful application of justice or a strategic maneuver to disempower political dissenters. The DOJ’s silence on inquiries about the use of this law has only fueled further speculation and concern.

As the debate continues, the use of the Conspiracy Against Rights charge remains a contentious issue. It highlights the ongoing struggle to balance the protection of civil rights with the preservation of political freedoms in an increasingly divided America. The outcome of this legal strategy may have far-reaching implications for the future of political discourse and the boundaries of law enforcement in the United States.