A memo obtained by the Washington Post shows that Justice Department Lawyers thought the sweeping Texas Congressional redistricting plan orchestrated by former U.S. House Majority Leader Tom DeLay was illegal, but top department officials brushed the concerns aside and approved the plan anyway.

The lawyers, according to the 73-page memo, concluded that the plan violated the Voting Rights Act of 1965 because it diluted minority voting strength in some areas of the state.

The Washington Post reported that the memo has been kept under wraps since it was written in December 2003 and that the lawyers who reviewed the plan were “subjected to an unusual gag rule.”

Click Here To Link To Memo From Washington Post

The plan, which carved up the traditional 11th Congressional District of Central Texas, targeted five incumbent Democratic representatives including Rep. Chet Edwards, D-Waco, who survived a challenge in the newly created 17th Congressional District from former Republican State Rep. Arlene Wohlgemuth in 2004.

The 11th District was not one in which the changes diluted minority voting strength, according to the memo.

The plan was approved by the Republican-controlled state Legislature in special sessions after Democratic lawmakers fled the state capital in a bid to block votes on the new boundaries.

Democrats and minority voting groups have challenged the redistricting plan in court, claiming it’s unconstitutional.

The U.S. Supreme Court is expected to announce soon whether it'll consider the case.

Redistricting Timeline

May 12, 2003:
More than 50 Texas House Democrats secretly flee to Ardmore, Okla., blocking a quorum and halting business in the legislative chamber. They remain out of the state long enough to force the House to miss a key deadline, ending consideration of redistricting during the regular session.

June 30, 2003:
Special legislative session to take up redistricting begins.

July 14, 2003:
Republican Sen. Bill Ratliff of Mount Pleasant joins 10 Democrats citing "unalterable opposition" to redistricting, giving them enough numbers to doom redistricting in the Senate during the special session.

July 28, 2003:
Eleven Senate Democrats block a quorum by fleeing to Albuquerque, N.M., moments before the House and Senate adjourn the first special session and just before Republican Gov. Perry immediately calls a second special session on redistricting.

Aug. 26, 2003:
Second special legislative session ends with Democratic senators still in New Mexico and no redistricting bill passed by the Senate.

Sept. 15, 2003:
Third special session to address redistricting begins with Democratic Sen. John Whitmire of Houston defecting from Albuquerque. As a result, the remaining Democratic senators who fled return to the Capitol.

Oct. 12, 2003:
House and Senate compromise redistricting map sent to Perry's office for his signature.

Dec. 11, 2003:
Federal trial challenging the GOP redistricting plan begins in Austin.

Dec. 19, 2003:
U.S. Department of Justice gives preliminary approval, known as "pre-clearance," to Texas redistricting map.

Jan. 6.2004:
Three-judge federal panel approves Republican-drawn map. Democrats promise appeal to U.S. Supreme Court.