Yesterday, the Michigan Civil Rights Commission (MCRC) held a hearing on allegations by the group By Any Means Necessary (BAMN) regarding alleged misrepresentations in the collection of the Michigan Civil Rights Initiative (MCRI) signatures.

In the closing remarks by a Commissioner, we get a true taste of the McCarthyist nature of this hearing. From my personal transcription of ZR's original audio/podcasting publication of the entire hearing, here's Kelvin W. Scott's (J.D.) closing statement:

I won't read the entire letter, but I want to enter it into tonight's record ...

ultimate goal, radical ... extraordinary, and rare

... allegations that we heard tonight are that they are attempting to amend our Constitution by means of fraud, deceit, and outright lies. Not only that, they [MCRI] taken to agressive public criticism of anyone who attempts to shed light on these allegations in their letter into record. They would be prefer that anyone who would be critical of their tactics be silent or ?? but the majority of the Commission has not been intimidated believes in letting all sides be heard and did invite the Civil Rights Initiative and others to be heard tonight.

The MCRI and others have chosen to boycott these proceedings or [?] we encourage them to come to this Commission in the future if indeed they have something to offer and nothing to hide.

Ah, Joe McCarthy and the witch-hunters of Salem would be proud. The old "if you have nothing to hide, you'll come testify" or let the government "investigate" you at will. The ACLU yelped when it learned that BAMN's organization was mentioned (not "under investigation," not "compelled to testify," and not searched) in an FBI symposium with Michigan law enforcement on domestic terrorism. MCRI "has nothing to offer and nothing to hide."

Second, Mr. Scott never read any of the statement by Jennifer Gratz of MCRI that he assailed (which he said he'd read part of). We have no way of judging the accuracy of his claims that MCRI letter somehow tried to intimidate the Commissioners. Instead, he flagellates a strawman. How does a letter - a mere piece of paper - intimidate? Compared to BAMN's flipping over of tables and shouting so meetings can't proceed? Did MCRI ever say this group or BAMN members didn't have a right to spout where-ever and whenever? Or did MCRI just suggest that it preferred to exercise its right to not waste its time listening to the same repetitious propaganda? Why would MCRI NOT engage in "agressive public criticism" of those who have agressively accused MCRI members of criminal fraud, "racism", and other highly-charged personal insults? What's wrong with "agressive public criticism?"

Here's the bottom line. BAMN has a right to hold or attend meetings and vent. MCRI has a right not to attend. Its choice not to attend, in the time honored tradition of the doctrines of free speech (and non-speech) and association and "innocence until proven otherwise", is not reflective of anything other than its desire to not engage in unproductive activity. The Commission, constitutionally charged only with investigating discrimination complaints (not fraud allegations, which is the domain of real courts of law), admits (in this hearing) that it has no legal power to do anything other than "listen". The Commission is at the margin of its authority, and is certainly wasting taxpayer resources since it admits it has no real authority. Regardless, BAMN has chosen to not file civil or criminal fraud charges (one of the opponents of MCRI, but not likely a BAMN member, asked the Commission if "fraud" was "criminal", which was a very salient question) in the proper venue (courts) because BAMN knows it doesn't have real evidence of that. So they have chosen several improper venues (the Board of Canvassers, MCRC) to make the allegations to keep the publicity drum rolling. As demonstrated by Party Chair Mark Brewer's direction of the Democratic members of the Board of Canvassers and Governor Granholm's letter to the MCRC calling for hearings, the Democratic Party leadership (as opposed to the rank-and-file, which will vote largely for MCRI) is happy to allow and facilitate this BAMN drum-beating because they believe it will turn out Detroit voters and gives them a wedge to drive union leaders into activity.