House Backs Hermandad Prosecution

In a largely symbolic move, a divided House of Representatives voted early this morning to urge criminal prosecution of a Santa Ana immigrant-rights group for failing to comply with a subpoena in the investigation of voter fraud in Orange County’s elections last fall.

Passed on a 219-203 vote with just one Democrat in support, the resolution “demands” that federal prosecutors pursue criminal charges against Hermandad Mexicana Nacional “pursuant to its findings, pursuant to the law and pursuant to the facts of the case.” The action has little power, instead simply sending a message to the U.S. attorney’s office that Congress wants help enforcing the subpoena, though such cases are rarely prosecuted.

But the matter provided a stage for the lengthiest, most contentious debate yet on the House floor regarding the challenge by defeated Rep. Robert K. Dornan (R-Garden Grove) to Democrat Loretta Sanchez’s victory by a 984-vote margin in November.

“If there’s a move to vacate this election, this is no longer the people’s House, it’s the Republican Party’s House, and I don’t think any of us want any part of it,” thundered Minority Leader Richard A. Gephardt (D-Mo.), triggering a standing ovation by his partisans.

“This resolution is not about Loretta Sanchez. It’s not about Bob Dornan. It’s about people obeying the law and it’s about this House enforcing the law,” countered Rep. William M. Thomas (R-Bakersfield), who heads the committee investigating the contested election. “No amount of intimidation, no amount of throwing around false charges of racism, no attempt to muddy the waters . . . will deter us from making sure that every honest vote that was cast in that election gets its full--gets its full--accountability, undiluted.”

Hermandad, which is under criminal investigation by the Orange County district attorney’s office for registering noncitizens to vote, on Tuesday filed court papers challenging the constitutionality of the subpoenas, which were first issued in April. If the subpoenas are deemed valid, Hermandad attorney Mark Rosen said, his organization would attempt to quash them; if that fails, the group would likely invoke the 5th Amendment right against self-incrimination.

“As far as we’re concerned, the subpoena’s invalid, there’s nothing to comply to,” Rosen said.

“It just demonstrates what a partisan kangaroo court this is. I don’t know how persuasive [the resolution is] going to be to the U.S. attorney considering it’s a party-line vote.”

U.S. attorney’s officials could not be reached for comment.

Earlier Tuesday, House Democrats launched a nationwide media blitz on the Sanchez-Dornan race, with dozens of call-ins to radio shows across the country. The fireworks continued during a three-hour discussion on the House floor that stretched past midnight, and often veered away from Hermandad--and even the contested election--to allegations that the resolution was part of a longtime Republican Party plot to deter minority voters that included uniformed poll guards in Orange County in 1992.

“All I have to say about what you’re about to do here tonight is: Shame, shame, shame, shame, shame,” Rep. Dave Obey (D-Ohio) hissed across the aisle.

“If this House of Representatives failed to take action,” Rep. J.D. Hayworth (R-Arizona) shot back, “then shame, shame, shame, shame on this House and this process.”

Uncharacteristically, scores of lawmakers crowded the chamber throughout the debate, erupting in rowdy applause whenever their partisans spoke. As the clock approached midnight, many speakers directed their comments directly at Sanchez, who declined to vote on the measure.

“Loretta, all that you’re putting up with tonight will be worth it when you return to this body in the next Congress,” vowed Vic Fazio, a fellow California Democrat.

Despite the foreboding predictions by Democrats that the Hermandad resolution was a precursor to a GOP move to vacate the seat--and comments last week by Speaker Newt Gingrich (R-Georgia) that investigators had proof of enough fraud to overturn the election--Thomas said Monday that he has not yet come to any conclusions in the case.

Republicans, and the lone Democrat who joined them, Rep. James Traficant of Ohio, decried the ongoing claims that the investigation is targeted at Sanchez because she is a Latina whose election was likely helped by immigrants.

“The references to race and gender are not what concern me--the references to fairness and an honest outcome of an election is what concerns me and what should concern all of us,” said Rep. Tom Campbell (R-San Jose).

But the Democrats continued their battle cry for a halt to the 10-month-old investigation, and vowed to tie up the floor with procedural votes and other tactics if the resolution passed. Some predicted a backlash by Latinos and women in upcoming elections.