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Biden Border Crisis UPDATE!

U.S. CAPITOL POLICE FEDERAL COURT FILING REVEALS OFFICIALS WERE AWARE
OF THE POTENTIAL FOR A SIGNIFICANT DISTURBANCE ON JANUARY 6

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“Things are not always what they seem,” the ancient Greek
aristocrat Phaedrus said. “The first appearance deceives many; the
intelligence of a few perceives what has been carefully hidden.” So,
it goes with the events of January 6, 2021.

Judicial Watch just received the court-ordered declaration
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of James W. Joyce, senior counsel in the Office of the General Counsel
for the Capitol Police, in which he describes emails among senior
officials of the United States Capitol Police (USCP) in January 2021
that show warnings of possible January 6 protests that could lead to
serious disruptions at the U.S. Capitol.

The declaration comes in a lawsuit
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we brought
under the common law right of access to public records (_Judicial
Watch v. United States Capitol Police_
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(No. 1:21-cv-00401)). The suit requests:

> Email communications between the U.S. Capitol Police Executive Team
> and the Capitol Police Board concerning the security of the Capitol
> on January 6, 2021. The timeframe of this request is from January 1,
> 2021 through January 10, 2021.
>
> Email communications of the Capitol Police Board with the Federal
> Bureau of Investigation, the U.S. Department of Justice, and the
> U.S. Department of Homeland Security concerning the security of the
> Capitol on January 6, 2021. The timeframe of this request is from
> January 1, 2021 through January 10, 2021.
>
> All video footage from within the Capitol between 12 pm and 9 pm on
> January 6, 2021.
After an August 15, 2023, hearing
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in which U.S. District Judge Ana C. Reyes ordered
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the
Capitol Police to provide us more detailed descriptions of certain
emails that had been withheld, the U.S. Capitol Police filed a
seven-page “second declaration
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which describes email discussions of evacuations and relocations of
people from certain buildings, arrests, and other security matters.

The U.S. Capitol Police describe “situational security update”
emails at issue as follows:

> a. A January 3, 2021 email, with attachment, from the USCP Deputy
> Chief to a Board member and others at USCP and in Congress providing
> a detailed “special event assessment” of anticipated protest
> activity in advance of the January 6, 2021 Joint Session of
> Congress. The attached document is marked on each page “For
> Official Use Only/Law Enforcement Sensitive.”
>
> b. A January 5, 2021 email, with map attachment, from the USCP Chief
> to two Board members detailing a proposed “bike rack” security
> perimeter for January 6, 2021, and proposing further discussion.
>
> c. A January 5, 2021 email, with map attachment, from the USCP Chief
> to two Board members detailing a proposed security perimeter for
> January 6, 2021.
>
> d. A January 5, 2021 email, with social media post and map
> attachments, from the USCP Deputy Chief to a Board member and others
> at USCP and in Congress reporting “a significant uptick in new
> visitors” to a “historical website” containing information on
> Capitol system tunnels. The Deputy Chief describes proposed attempts
> by unauthorized individuals to block members of Congress from
> entering the Capitol building, through tunnels or otherwise.
>
> e. A January 5, 2021 email from the USCP Deputy Chief to a Board
> member and others at USCP and in Congress alerting them to an online
> website soliciting information on high-level government officials
> and their expected whereabouts on January 6, 2021, and linking to
> the website’s article entitled _Why the Second American Revolution
> Starts Jan 6_.
>
> f. A January 6, 2021 email from the USCP Chief to Board members and
> others at USCP and in Congress relaying that the President had
> completed a speech at the Ellipse and that a large group was
> preparing to approach the Capitol.
>
> g. A January 6, 2021 email thread between the USCP Chief, two Board
> members, and congressional staffers responding to questions on the
> status of evacuations and relocations of certain buildings on the
> Capitol Grounds on January 6, 2021, and relaying information on
> crowds gathering near the Washington Monument and on Capitol Grounds
> on January 6, 2021.
>
> h. A series of four January 6, 2021 emails from the USCP Deputy
> Chief to a Board member and others at the USCP and in Congress
> providing four updates throughout the course of January 6, 2021.
> These updates contain intelligence assessments, information on
> arrests, coordination with other law enforcement agencies, crowd
> estimates, scheduling of high-level government officials, threat and
> incident reports, medical responses, and officer deployment status.
>
> i. A January 7, 2021 email, with photo attachment, from the USCP
> Deputy Chief to Board members and others in Congress providing an
> update on the arrest and subsequent charging of an armed individual
> found in a “suspicious vehicle” on January 6, 2021.
The U.S. Capitol Police describe “updates on police personnel
issues” emails at issue as follows:

> a. A January 7, 2021 email from the USCP Chief to all Board
> members and others at the USCP and in Congress providing an update
> on the medical condition of a USCP officer following the events of
> January 6, 2021.
>
> b. A January 7, 2021 email from the USCP Chief to all Board members
> and others at USCP and in Congress providing an update on the
> medical condition of a USCP officer following the events of January
> 6, 2021.
>
> c. A January 7, 2021 email from the USCP Chief to all Board members
> and others at USCP and in Congress providing an update on the death
> of a USCP officer following the events of January 6, 2021.
>
> d. A January 8, 2021 email from the USCP Chief to a Board member and
> others at USCP and in Congress concerning the lowering of flags to
> half-staff in recognition of a USCP officer who died in the line of
> duty on January 6, 2021.
>
> e. A January 9, 2021 email from the USCP Acting Chief to all Board
> members providing an update on when autopsy results could be
> expected for a deceased USCP officer following the events of January
> 6, 2021.

Another email is described under the category of “updates about news
media reports:”

> A January 7, 2021 email, with attachment, from the USCP Chief to all
> Board members and others at USCP and in Congress providing an
> anticipated statement by the USCP on the events that transpired at
> the Capitol on January 6, 2021.
On September 29, 2023, the Capitol Police filed a motion to dismiss
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our common law right of access lawsuit that asks for over 14,000 hours
of video footage, arguing that the USCP has a sovereign immunity
exemption from lawsuits asserting a common law right of access to
public information. The latest filing goes further than prior Pelosi
Congress secrecy arguments in this litigation by newly asserting that
even if a lawsuit were allowed to go forward, all January 6 videos and
emails would be exempt from disclosure as “security information.”

We also received the January 7, 2021, resignation letter
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of Steven A. Sund, chief of the Capitol Police on January 6, who left
the position at the request
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of House Speaker Nancy Pelosi.

It is urgent that the January 6 videos and related U.S. Capitol Police
emails be released to the American public. I would hope the next House
speaker takes a different approach than Nancy Pelosi and Kevin
McCarthy and affirms the public’s lawful ‘right to know’ – and
stops working with the Biden Justice Department to hide this January 6
evidence.

Your Judicial Watch is extensively investigating the events of January
6.

Last month we received records
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from
the Executive Office for United States Attorneys, a component of the
Department of Justice, in a FOIA lawsuit that detail the extensive
apparatus the Biden Justice Department set up to investigate and
prosecute January 6 protestors.

A previous review of records
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from that lawsuit highlighted the prosecution declination memorandum
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justifying the decision not to prosecute U.S. Capitol Police Lt.
Michael Byrd for the shooting death of Babbitt.

In January 2023, documents
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from the Department of the Air Force, Joint Base Andrews, MD, showed
U.S. Capitol Police Lieutenant Michael Byrd was housed at taxpayer
expense at Joint Base Andrews after he shot and killed U.S. Air Force
veteran Ashli Babbitt inside the U.S. Capitol on January 6, 2021.

In November 2021, we released
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multiple audio
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visual
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and photo records
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from the DC Metropolitan Police Department about the shooting death of
Babbitt on January 6, 2021, in the U.S. Capitol Building. The records
included a cell phone video
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of the shooting and an audio of a brief police interview of the
shooter, Byrd.

In October 2021, United States Park Police records
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related to the January 6, 2021, demonstrations at the U.S. Capitol
showed that on the day before the January 6 rally featuring President
Trump, U.S. Park Police expected a “large portion” of the
attendees to march to the U.S. Capitol and that the FBI was monitoring
the January 6 demonstrations, including travel to the events by
“subjects of interest.”

We’ll be sure to keep you updated on this developing story…

UPDATE ON FEDERAL COURT HEARING ABOUT FBI’S RECORDS ON HUNTER BIDEN
GUN SCANDAL, FBI REFUSES TO DIVULGE NUMBER OF RECORDS DUE TO
‘ONGOING CRIMINAL INVESTIGATION’

We were in federal court today for a hearing
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in our FOIA lawsuit for records regarding the gun owned by Hunter
Biden that reportedly was thrown in a trash can behind a Delaware
grocery store. The FBI is refusing to disclose basic information about
the records because it alleges doing so would interfere with the
criminal prosecution of Hunter Biden.

The court hearing was before Judge Jia M. Cobb of the U.S. District
Court for the District of Columbia.

In an August 2023 joint status report
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to the court, the FBI claims it has completed a search for records
responsive to our FOIA request and is “currently processing” the
records but added that its “position is that the number of
potentially responsive records is exempt from disclosure … as this
case relates to an ongoing criminal investigation.”

We filed the lawsuit
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after the
FBI withheld records in response to a January 30, 2023, FOIA request
(_Judicial Watch v. U.S. Department of Justice_
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(No. 1:23-cv-00920)). We are asking for:

> All records, including investigative reports, telephone logs,
> witness statements, memoranda, and firearms purchase documentation,
> related to the reported purchase, possession, and disposal of a
> firearm owned by Hunter Biden discarded in a Delaware trash
> receptacle circa October 2018.
>
> All records of communications of FBI officials regarding the
> reported purchase, possession, and disposal of the firearm.
We argue that the Hunter Biden gun case “is indisputably of
significant public interest:”

> It is also time sensitive. [Judicial Watch] has asked and Defendant
> has refused to provide the number of potentially responsive records
> that need to be processed in this case. Without this number,
> Plaintiff cannot evaluate – let alone agree to – a processing
> time of 120 days. In addition, because it appears as though
> Defendant will be providing [Judicial Watch] with a “no number, no
> list” response at the end of the 120 days, it could be more
> efficient and economical for the parties to simply commence summary
> judgment briefing and for Defendant to file its opening brief in 60
> days.
The FBI unlawfully hid records about its Hunter Biden cover-up and
now is using the compromised prosecution of Hunter Biden as an
after-the-fact justification for its cover-up. It is simply remarkable
that the Biden administration is invoking privileges – that are
usually used to protect national security information – to hide
details of the FBI’s clean-up operation about Hunter’s mishandling
of his gun.

In February 2023, from a separate lawsuit, we released records
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from
the United States Secret Service that implicate the FBI in the unusual
action of helping Hunter Biden.

In response to a February 24, 2021, email
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inquiry from _Politico _reporter Ben Schreckinger regarding the Secret
Service’s involvement in the investigation of the Hunter Biden gun
incident, the Communications Department asked for “more information
or documentation.” Schreckinger responded: “Sure thing. Agents
visited StarQuest Shooters & Survival Supply and asked to take
possession of the paperwork Hunter had filled out to purchase a gun
there. The FBI also had some involvement in the investigation.”

In October 2020, _The Blaze_ reported
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that in October 2018 Hunter Biden’s handgun was taken by Hallie
Biden, the widow of then-presidential nominee Joe Biden’s son Beau.
In 2021,_ Politico _reported
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> Hallie took Hunter’s gun and threw it in a trash can behind a
> grocery store, only to return later to find it gone.
>
> Delaware police began investigating, concerned that the trash can
> was across from a high school and that the missing gun could be used
> in a crime, according to law enforcement officials and a copy of the
> police report obtained by POLITICO.
>
> But a curious thing happened at the time: Secret Service agents
> approached the owner of the store where Hunter bought the gun and
> asked to take the paperwork involving the sale, according to two
> people, one of whom has firsthand knowledge of the episode and the
> other was briefed by a Secret Service agent after the fact.
(The court hearing this morning led to an agreement that Judicial
Watch would consult with the DOJ/FBI over the next few weeks to try to
come some agreement in which Judicial Watch could get key records
about the FBI’s response to the “gun dumping” incident.).


BIDEN DHS FAILS TO DEPORT 99.7% OF THE 2.1 MILLION ILLEGAL IMMIGRANTS
IT FREED INSIDE U.S.

Border security, as the terror attack in Israel shows, is essential to
the freedom and safety of Americans. Our _Corruption Chronicles_ blog
has the latest chilling evidence
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that there is
zero border security as the result of the Biden invasion:

> Besides shattering records for allowing enormous amounts of illegal
> immigrants into the U.S. through the Mexican border, the Biden
> administration has also failed to deport millions of migrants
> released by the Department of Homeland Security (DHS) inside the
> country pending removal proceedings. Between January 20, 2021, and
> March 31, 2023, the agency created after 9/11 to safeguard the
> nation freed at least 2,148,738 illegal aliens into the United
> States, government figures obtained by members of Congress reveal.
> Only 5,993 were actually deported, according to a distressing report
>
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> released this week by the House Judiciary Committee.
>
> Titled “The Biden Border Crisis: New Data and Testimony Show How
> the Biden Administration Opened the Southwest Border and Abandoned
> Interior Immigration Enforcement” the lengthy document includes
> new data obtained by federal lawmakers from DHS that expose the
> alarming state of immigration enforcement. Besides failing to remove
> millions of illegal immigrants released inside the country, the
> records show that a mere 6% of migrants were screened for fear of
> persecution when seeking asylum. “The Biden Administration has
> removed from the United States only 5,993 illegal aliens who were
> encountered at the southwest border and who were placed in removal
> proceedings before an immigration judge during that time,” the
> report states. “In other words, of the at least 2.1 million aliens
> released into the United States since January 20, 2021, the Biden
> Administration has failed to remove, through immigration court
> removal proceedings, roughly 99.7 percent of those illegal
> aliens.”
>
> The U.S. Border Patrol recorded a ghastly 5 million illegal
> immigrant encounters during the period examined by federal lawmakers
> and an eye-popping 6.2 million since Biden took office. “More than
> two and a half years into President Biden’s term, his
> Administration’s border crisis continues unabated,” the report
> states. “Publicly available information shows that encounters of
> illegal aliens on the southwest border surpassed 100,000 for the
> 31st straight month and total southwest border illegal alien
> encounters exceeded 2.2 million in the first 11 months of fiscal
> year 2023.” The bad news continues.
>
> “In August 2023, encounters of illegal aliens at the southwest
> border skyrocketed to 232,972 and the unreleased encounter numbers
> for September 2023 will reportedly shatter previous records,
> exceeding 260,000 encounters in a single month,” the congressional
> report says. As if those figures were not bad enough, more than 1.7
> million known “gotaways” have evaded Border Patrol and escaped
> into the U.S. since January 2021, the stats show, with “untold
> numbers of unknown gotaways avoiding detection during that
> period.”
>
> As the illegal alien numbers keep rising and records get crushed,
> the Biden administration insists the border is under control with
> DHS Secretary Alejandro Mayorkas laughably proclaiming his agency
> has made it very clear the border is not open, that crossing
> irregularly is against the law and those who are not eligible for
> relief will be quickly returned. That clearly has not materialized,
> figures provided in the House Judiciary Committee report show. In
> fiscal year 2021, the Biden administration released 310,379 illegal
> aliens at the southwest border. The number more than doubled during
> the administration’s first full fiscal year (2022) to 777,283. In
> the first 10 months of fiscal year 2023, Biden’s DHS released
> 929,496 illegal aliens encountered at the Mexican border. It is
> important to note that as outrageous as the figures are, they do not
> even include Unaccompanied Alien Children (UAC), which immediately
> get transferred to the custody of the Department of Health and Human
> Services (HHS). The report reveals that between fiscal year 2021
> through the end of July 2023 at least 341,802 UAC were transferred
> to HHS shelters where American taxpayers spend a fortune to house,
> medically treat, educate, counsel and entertain them.

Until next week,






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