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Supreme Court Victory
The Supreme Court has ended race-based
admissions at Harvard College and the University of North Carolina.
It was long past time for the Supreme Court to require our higher education
system to follow the Constitution and stop blatant and unconstitutional
race discrimination. As the Supreme Court majority observes: “Eliminating
racial discrimination means eliminating all of it.”
This decision could not come at a better time, as the extremist left
embraces outright racial discrimination, racial separatism, and racial
segregation under the guise of “anti-racism.”
As Justice Thomas observed in his concurring opinion:
The solution to our nation’s racial problems cannot come from policies
grounded in affirmative action or some other conception of equity.
Racialism simply cannot be undone by different or more racialism. Instead,
the solution announced in the second founding is incorporated in our
Constitution: that we are all equal, and should be treated equally before
the law without regard to our race. Only that promise can allow us to look
past our differing skin colors and identities and see each other for what
we truly are: individuals with unique thoughts, perspectives, and goals,
but with equal dignity and equal rights under the law.
We filed several amici
curiae briefs alongside the Allied Educational Foundation (AEF) in
support of Students for Fair Admissions’ Supreme Court cases challenging
both Harvard College and the University of North Carolina’s (UNC)
race-based affirmative action admissions programs (Students for Fair
Admission v. President & Fellows of Harvard College (No.
20-1199)) and (Students for Fair
Admissions, Inc. v. University of North Carolina, et al. (No.
21-707)).
We and AEF argued in our briefs that the court should reject a prior 1978
Supreme Court opinion that seemingly authorizes racial discrimination in
college admissions (Regents of Univ. of Cal. V. Bakke, 438 U.S. 265
(1978)). Since Bakke, there have been “at least 26 separate
opinions. Many of these have attempted to explain the constitutional
rationale for allowing race-based preferences, even though those rationales
appear to directly conflict with the original meaning and text of the Equal
Protection Clause.”
The amici brief highlighted how race-based discrimination (and the
resulting quota mentality) is permeating government. The brief quotes Vice
President Kamala Harris’s attack on equality and implicit call for
race-based quotas:
There’s a big difference between equity and equality. Equality
suggests, “everyone should get the same amount.” The problem with that,
not everybody’s starting out from the same place…. Equitable treatment
means we all end up in the same place.
Referencing this and other Biden administration actions promoting racial
favoritism, the brief noted:
There is, however, no constitutional guarantee that we will all “end
up in the same place.” The foregoing statements reveal a distorted view
of the Equal Protection Clause that would guarantee racially proportionate
outcomes under the name of equity, not the equality of opportunity the
Equal Protection Clause has always guaranteed. These are more than mere
words or theories. Racial preferences have increasingly become incorporated
in real-world, governmental decisions and policies. For example, United
States Department of Agriculture (USDA) officials recently sought to use
race as a basis for deciding who receives governmental loan forgiveness …
In a similar vein, New York issued guidelines … govern[ing] which
COVID-19 patients are eligible to receive life-saving monoclonal antibodies
and therapeutics [which required] that the patient be a person of color or
Hispanic ethnicity.
Last year, we and AEF filed an amici
curiae brief in support of the Coalition for Thomas
Jefferson High School’s challenge to race-based admissions policies put
in place by the nationally known public high school in Fairfax County,
Virginia.
In January 2022, the city of Asheville, NC, settled our federal civil rights lawsuit after
agreeing to remove all racially discriminatory provisions in a
city-funded scholarship program. Additionally, the city also
agreed to remove racially discriminatory eligibility provisions in
a related program that provides grants to educators. The City Council
approved the settlement on January 11.
We are also challenging a public
teachers’ union contract in Minneapolis that requires race discrimination
in layoffs and hiring. And our lawsuit ended a racially
discriminatory scholarship program in North Carolina.
Expect the Left to try to do an end-run around the law to keep up the
racialist agenda. But you can be sure Judicial Watch will monitor and, when
necessary, take legal action to uphold America’s core ideal that we all
be treated equally under the law, regardless of our skin color!
Judicial Watch Sues for FBI Document Alleging Bidens’ Bribery Scheme
with Burisma
The Biden administration isn’t going to investigate the Biden family, of
course, but we are, and there’s a new development this week.
We filed a Freedom of Information Act (FOIA) lawsuit against the Department
of Justice for a copy of the FBI document, FD-1023, that describes “an
alleged criminal scheme involving then-Vice President Biden and a foreign
national relating to the exchange of money for policy decisions.” Our
request also asks for communications about the FD-1023 (Judicial Watch v. U.S.
Department of Justice (No. 1:23-cv-01849)).
This FBI document, which is being hidden contrary to law, could be the
Rosetta Stone to uncovering unprecedented corruption by our nation’s top
elected official. The American people have a right under to law to see this
FBI document so they can judge for themselves whether their president and
his family are crooks.
On May 3, 2023, we submitted unanswered FOIA requests to the Justice
Department and FBI for:
1. The unclassified FBI FD-1023 (CHS Reporting Document) described in the
May 3, 2023 letter from Sen. Grassley and Rep. Comer to Attorney General
Garland and FBI Director Wray ( Grassley-Comer-letter.pdf
(house.gov).
2. All records of communication between
Attorney General Garland and any other official or employee of any branch,
department, agency, or office of the Federal government regarding the
letter and/or the FD-1023 described therein. This includes but is not
limited to, any such communications between the Attorney General and any
other official or employee of the Department of Justice.
3. All records of communication between
Director Wray and any other official or employee of any branch, department,
agency, or office of the Federal government regarding the letter and/or the
FD-1023 described therein. This includes, but is not limited to, any such
communications between Director Wray and any other official or employee of
the Federal Bureau of Investigations.
In a Senate floor speech on June 12, 2023, Senator Grassley said:
The 1023 produced to that House Committee redacted reference that the
foreign national who allegedly bribed Joe and Hunter Biden allegedly has
audio recordings of his conversations with them. Seventeen total
recordings.
According to the 1023, the foreign national
possesses fifteen audio recordings of phone calls between him and Hunter
Biden. According to the 1023, the foreign national possesses two audio
recordings of phone calls between him and then-Vice President Joe Biden.
These recordings were allegedly kept as a sort of insurance policy for the
foreign national in case he got into a tight spot. The 1023 also indicates
that then-Vice President Joe Biden may have been involved in Burisma
employing Hunter Biden.
A June 8, 2023, Washington Examiner story states:
Republicans said the FBI form indicated Ukrainian businessman and
Burisma owner Mykola Zlochevsky allegedly told the FBI informant that he
paid $5 million apiece to Hunter and then-Vice President Biden to shake off
a corruption investigation.
House Republicans have threatened to hold FBI Director Wray in contempt of
Congress for not producing the full FD-1023 document but have yet to follow
through on this threat.
We continue to lead the fight to expose the Biden administration's
corruption.
In May 2023, we filed a FOIA lawsuit against the
National Archives for Biden family records and communications regarding
travel and finance transactions, as well as communications between the
Bidens and several known business associates.
On October 14, 2022, we sued DOJ for all
records in the possession of FBI Supervisory Intelligence Analyst Brian
Auten regarding an August 6, 2020, briefing provided to members of the U.S.
Senate. Ron Johnson (R-WI) and Chuck Grassley (R-IA) raised concerns that
the briefing was intended to undermine the senators’ investigation of
Hunter Biden.
We filed a lawsuit against the U.S. State Department on April 20, 2022, for
messages sent through the SMART (State Messaging and Archive Retrieval
Toolkit) system that mention Hunter Biden.
On December 10, 2020, we received 210
pages of records from the State Department which show that former
U.S. Ambassador to Ukraine Marie “Masha” Yovanovitch had specifically
warned in 2017 about corruption allegations against Burisma Holdings.
On October 27, 2020, we received 116
pages of records from the State Department which include a
briefing checklist of a February 22, 2019, meeting in Kyiv between
then-U.S. Ambassador to Ukraine Marie Yovanovitch and Sally Painter,
co-founder and chief operating officer of Blue Star Strategies, a
Democratic lobbying firm which was hired by Burisma Holdings to combat
corruption allegations. At the time of the meeting, Hunter Biden was
serving on the board of directors for Burisma Holdings.
I expect a big fight with DOJ about this smoking-gun Biden corruption issue
and I will report back to you as events warrant!
Former Virginia Magistrate Gets Resolution
in Suit Challenging Her Termination
Former Virginia magistrate Elizabeth Fuller and officials of the Office of
the Executive Secretary of the Supreme Court of Virginia (“OES”) have
agreed to resolve Ms. Fuller’s First Amendment lawsuit challenging her
termination.
The lawsuit, which Judicial Watch filed on Fuller’s behalf on March 1,
2022, alleged that Fuller was fired from her position as a City of
Alexandria magistrate after commenting to the Alexandria
Times about the public outcome of a 2020 complaint she filed
against Virginia bail bondsman Man Nguyen.
Fuller alleged in the lawsuit that the termination violated her First and
Fourteenth Amendment rights. In response, the OES officials denied
Fuller’s allegations and stated that her termination was lawful as her
comments as published in the October 7, 2021, Alexandria
Times article related to criminal proceedings in the circuit in
which she served as a magistrate, violating the Canons of Conduct
for Virginia Magistrates.
We strongly believe public employees do not sign away their free speech
rights when answering the call to public service. We are pleased Ms. Fuller
and OES were able to resolve their differences.
Happy Independence Day!
Independence Day is a day to celebrate American freedom and the heroics of
our nation’s founders that gave the world the best example of liberty for
a free people in all of history. Our continued liberty depends on fidelity
to the principles of our founding, as described in the Declaration of
Independence and the Constitution. To that end, to celebrate Independence
Day, here is the Declaration of Independence, in full:
In Congress, July 4, 1776.
The unanimous Declaration of the thirteen
united States of America, When in the Course of human events, it becomes
necessary for one people to dissolve the political bands which have
connected them with another, and to assume among the powers of the earth,
the separate and equal station to which the Laws of Nature and of
Nature’s God entitle them, a decent respect to the opinions of mankind
requires that they should declare the causes which impel them to the
separation.
We hold these truths to be self-evident,
that all men are created equal, that they are endowed by their Creator with
certain unalienable Rights, that among these are Life, Liberty and the
pursuit of Happiness.–That to secure these rights, Governments are
instituted among Men, deriving their just powers from the consent of the
governed, –That whenever any Form of Government becomes destructive of
these ends, it is the Right of the People to alter or to abolish it, and to
institute new Government, laying its foundation on such principles and
organizing its powers in such form, as to them shall seem most likely to
effect their Safety and Happiness. Prudence, indeed, will dictate that
Governments long established should not be changed for light and transient
causes; and accordingly all experience hath shewn, that mankind are more
disposed to suffer, while evils are sufferable, than to right themselves by
abolishing the forms to which they are accustomed. But when a long train of
abuses and usurpations, pursuing invariably the same Object evinces a
design to reduce them under absolute Despotism, it is their right, it is
their duty, to throw off such Government, and to provide new Guards for
their future security.–Such has been the patient sufferance of these
Colonies; and such is now the necessity which constrains them to alter
their former Systems of Government. The history of the present King of
Great Britain is a history of repeated injuries and usurpations, all having
in direct object the establishment of an absolute Tyranny over these
States. To prove this, let Facts be submitted to a candid world.
He has refused his Assent to Laws, the most
wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws
of immediate and pressing importance, unless suspended in their operation
till his Assent should be obtained; and when so suspended, he has utterly
neglected to attend to them.
He has refused to pass other Laws for the
accommodation of large districts of people, unless those people would
relinquish the right of Representation in the Legislature, a right
inestimable to them and formidable to tyrants only.
He has called together legislative bodies at
places unusual, uncomfortable, and distant from the depository of their
public Records, for the sole purpose of fatiguing them into compliance with
his measures.
He has dissolved Representative Houses
repeatedly, for opposing with manly firmness his invasions on the rights of
the people.
He has refused for a long time, after such
dissolutions, to cause others to be elected; whereby the Legislative
powers, incapable of Annihilation, have returned to the People at large for
their exercise; the State remaining in the mean time exposed to all the
dangers of invasion from without, and convulsions within.
He has endeavored to prevent the population
of these States; for that purpose obstructing the Laws for Naturalization
of Foreigners; refusing to pass others to encourage their migrations
hither, and raising the conditions of new Appropriations of
Lands.
He has obstructed the Administration of
Justice, by refusing his Assent to Laws for establishing Judiciary
powers.
He has made Judges dependent on his Will
alone, for the tenure of their offices, and the amount and payment of their
salaries.
He has erected a multitude of New Offices,
and sent hither swarms of Officers to harass our people, and eat out their
substance.
He has kept among us, in times of peace,
Standing Armies without the Consent of our legislatures.
He has affected to render the Military
independent of and superior to the Civil power.
He has combined with others to subject us to
a jurisdiction foreign to our constitution, and unacknowledged by our laws;
giving his Assent to their Acts of pretended Legislation:
For Quartering large bodies of armed troops
among us:
For protecting them, by a mock Trial, from
punishment for any Murders which they should commit on the Inhabitants of
these States:
For cutting off our Trade with all parts of
the world:
For imposing Taxes on us without our
Consent:
For depriving us in many cases, of the
benefits of Trial by Jury:
For transporting us beyond Seas to be tried
for pretended offences:
For abolishing the free System of English
Laws in a neighbouring Province, establishing therein an Arbitrary
government, and enlarging its Boundaries so as to render it at once an
example and fit instrument for introducing the same absolute rule into
these Colonies:
For taking away our Charters, abolishing our
most valuable Laws, and altering fundamentally the Forms of our
Governments:
For suspending our own Legislatures, and
declaring themselves invested with power to legislate for us in all cases
whatsoever.
He has abdicated Government here, by
declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our
Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies
of foreign Mercenaries to compleat the works of death, desolation and
tyranny, already begun with circumstances of Cruelty & perfidy scarcely
paralleled in the most barbarous ages, and totally unworthy the Head of a
civilized nation.
He has constrained our fellow Citizens taken
Captive on the high Seas to bear Arms against their Country, to become the
executioners of their friends and Brethren, or to fall themselves by their
Hands.
He has excited domestic insurrections
amongst us, and has endeavoured to bring on the inhabitants of our
frontiers, the merciless Indian Savages, whose known rule of warfare, is an
undistinguished destruction of all ages, sexes and conditions.
In every stage of these Oppressions We have
Petitioned for Redress in the most humble terms: Our repeated Petitions
have been answered only by repeated injury. A Prince whose character is
thus marked by every act which may define a Tyrant, is unfit to be the
ruler of a free people.
Nor have We been wanting in attentions to
our British brethren. We have warned them from time to time of attempts by
their legislature to extend an unwarrantable jurisdiction over us. We have
reminded them of the circumstances of our emigration and settlement here.
We have appealed to their native justice and magnanimity, and we have
conjured them by the ties of our common kindred to disavow these
usurpations, which, would inevitably interrupt our connections and
correspondence. They too have been deaf to the voice of justice and of
consanguinity. We must, therefore, acquiesce in the necessity, which
denounces our Separation, and hold them, as we hold the rest of mankind,
Enemies in War, in Peace Friends.
We, therefore, the Representatives of the
United States of America, in General Congress, Assembled, appealing to the
Supreme Judge of the world for the rectitude of our intentions, do, in the
Name, and by Authority of the good People of these Colonies, solemnly
publish and declare, That these United Colonies are, and of Right ought to
be Free and Independent States; that they are Absolved from all Allegiance
to the British Crown, and that all political connection between them and
the State of Great Britain, is and ought to be totally dissolved; and that
as Free and Independent States, they have full Power to levy War, conclude
Peace, contract Alliances, establish Commerce, and to do all other Acts and
Things which Independent States may of right do. And for the support of
this Declaration, with a firm reliance on the protection of divine
Providence, we mutually pledge to each other our Lives, our Fortunes and
our sacred Honor.
Have a safe and wonderful Independence Day and God Bless the United States
of America!
Until next week,
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