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Judge found sworn testimony 'belied' the facts
Caroline Hunter, a Bush-appointed Federal Election Commissioner who remains in office, provided misleading statements under oath in an effort to conceal Republican National Committee involvement in vote suppression activities during the 2004 presidential election, a Raw Story investigation has found.
Legal experts say Hunter's submission of misleading statements under oath is a serious ethical and professional breach which could warrant a bar review and potential disbarment. At the time, Hunter was serving as deputy counsel to the Republican National Committee.
How a young Republican lawyer became a central witness
In the final days of the 2004 presidential election, the Democratic National Committee files an injunction against the Republican National Committee in New Jersey federal court, alleging its involvement in using lists of returned mail to challenge 35,000 newly registered Ohio voters. This tactic, also known as voter caging, is historically employed to suppress votes from minority and low-income citizens who tend to vote Democratic.
At the time, Republican Party officials are busy stoking claims that voter fraud at the polls is a grave threat to the country.
On Oct. 20, 2004 in Columbus, Ohio, Republican National Committee Chairman Ed Gillespie and Ohio Republican Party Chairman Bob Bennett decry rampant voter fraud in the state.
"The reports of voter fraud in Ohio are some of the most alarming in the nation," Gillespie asserts.
Two days later, the Ohio Republican Party challenges 35,000 voters, most of whom live in urban, Democratic-leaning areas.
On Nov. 1, the showdown over the injunction plays out in Newark Federal District Court.
"Is the RNC discussing the political aspects of wide-scale voter fraud? Absolutely, your Honor," argues RNC counsel Bobby Burchfield. "They're talking about it every day, because it's a pervasive problem."
Federal Judge Dickinson R. Debevoise listens to arguments in the case. Debevoise is intimately aware of the laws against voter suppression.
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Sworn testimony from a young Republican lawyer plays a central role in the RNC's defense. That lawyer's name is Caroline Hunter.
In her affidavit (pdf), submitted under penalty of perjury, Hunter claims "the RNC is not initiating, controlling, directing, or funding any programs of 'voter challenges' … including the effort by the Ohio Republican Party to challenge voter registrations in Ohio."
"Although representatives of the RNC were involved in the emails discussing the possibility of the challenges described above," she continues, "the RNC has not initiated any challenges to the absentee ballots in Ohio or in any other state."
Burchfield tells the court that Hunter's affidavit is proof the RNC isn't violating the decree. Rather, he says, her statement demonstrates the party was diligent to avoid "initiating, controlling, directing or funding" any voter challenger programs.
Yet her affidavit is submitted along with email communications showing RNC members engaging in vote caging activities in Ohio. They also demonstrate that the RNC worked in concert with state Republican Party officials. Hunter is on a few of the emails but her involvement is unclear.
After hearing arguments from both sides, Judge Debevoise rules that the RNC has violated the decree.
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