Judicial Watch Sues for Records on Alleged Cover-Up of Biden Classified Materials Housed at ‘Penn Biden Center’


 

Records and communications of Kathy Chung, Deputy Director of Protocol, Office of the Secretary of Defense, including emails, email chains, email attachments, text messages, voice recordings, correspondence, letters, logs, calendar entries, calendar meetings, memoranda, reports, regarding:

1. Communications with Dana Remus, email address: [email protected], Covington & Burling, LLP, Washington, DC, concerning the Penn Biden Center, Washington, DC, or any classified documents or materials at the Penn Biden Center.
2. Communications with any person using the email domain @who.eop.gov regarding classified documents, documents, or materials at the Penn Biden Center.
3. Communications with any employee using the email domain @dod.mil regarding classified documents, documents, or materials at the Penn Biden Center.

The Committee has obtained information that contradicts important details from the White House’s and President Biden’s personal attorney’s statements about the discovery of documents at the Penn Biden Center, including the location and security of the classified documents. The Committee has learned that you were a central figure in the early stages of coordinating the packing and moving of boxes that were later found to contain classified materials. Following a recent transcribed interview with Ms. Kathy Chung – the President’s former assistant from when he was Vice President and subsequent employee of then-former Vice President Biden’s company, Celtic Capri [now Deputy Director of Protocol, Office of the Secretary of Defense] – the Committee has identified you as a witness with potentially unique knowledge about this matter and requests information from you.

Specifically, the Committee seeks clarification regarding the timeline of events prior to November 2, 022 (the day, according to the White House and the President Biden’s personal attorney, documents were discovered at Penn Biden Center), the security of the documents in the Penn Biden Center before and after Ms. Chung packed them, and President Biden’s history of potentially mishandling classified material.

In January 2023, President Biden’s personal attorney, Bob Bauer, released a statement that included a timeline of events that inexplicably began on November 2, 2022, with the “unexpected[] discover[y]” of Obama-Biden records at Penn Biden Center. President Biden’s timeline was incomplete and misleading. It omitted months of communications, planning, and coordinating among multiple White House officials, Ms. Chung, Penn Biden Center employees, and President Biden’s personal attorneys to retrieve the boxes containing classified materials. The timeline also omitted multiple visits from at least five White House employees, including Dana Remus, Anthony Bernal, Ashley Williams, Annie Tomasini, and an unknown staffer. There is no reasonable explanation as to why this many White House employees and lawyers were so concerned with retrieving boxes they believed only contained personal documents and materials.

Chabot is a diverse school community with more than half of the student population identifying as students of color. This playdate aimed to create an affinity space where Black, Brown, and API families can build and sustain connection and belonging at the school. It’s one of many examples of the important work we do for equity and inclusion across the District.

Any records about planning or preparation for the August 26, 2023 “Playdate Social for Black, Brown & API Families.”

Any records about approval or authorization for the August 26, 2023 “Playdate Social for Black, Brown & API Families.”

Communications between OUSD board directors and staff, OUSD senior leadership team, Chabot Elementary School staff, and/or members of the Chabot Elementary School Equity and Inclusion Committee regarding the August 26, 2023 “Playdate Social for Black, Brown & API Families.”

Any records concerning or relating to inviting students or families who do not identify as “Black,” “Brown,” or “API” to the August 26, 2023 “Playdate Social for Black, Brown & API Families.”

Any records concerning or regarding the presence or participation of students or families who do not identify as “Black,” “Brown,” or “API” at the August 26, 2023 “Playdate Social for Black, Brown & API Families.”

Any records concerning or regarding the exclusion of students or families who do not identify as “Black,” “Brown,” or “API” at the August 26, 2023 “Playdate Social for Black, Brown & API Families.”

Any rules, regulations, policies, or guidelines regarding the use of OUSD facilities or resources for race-specific or race-selective events, such as the August 26, 2023 “Playdate Social for Black, Brown & API Families."

Any records concerning, relating to, or addressing application of the following to race-specific or race-selective events, such as the August 26, 2023 “Playdate Social for Black, Brown & API Families”:

Cal Const., art. I, § 31 (Proposition 209);:
U.S. Const., amend. 14;
42 U.S.C. § 2000d (Title VI);
Cal. Educ. Code §§ 200 or 220;
Cal Gov’t Code § 11135;
Cal. Penal Code §422.55;
5 C.C.R. § 1460; or
OUSD Policy Nos. 0410, 1312.3, 4030, 5143.3, or 5145.7.

In July 2023, we exposed records from the United States Air Force Academy (USAFA), a component of the United States Department of Defense, which included instructional materials and emails that address topics such as Critical Race Theory, “white privilege,” and Black Lives Matter.

In March 2023, records from the U.S. Department of Defense showed the U.S. Air Force Academy (USAFA) has made race and gender instruction a top priority in the training of cadets.

In July 2022, we sued the Department of Defense for  records related to the United States Naval Academy (USNA) implementing Critical Race Theory (CRT) in the training of naval recruits.

In August 2022, our client David Flynn, who was removed from his position as head football coach after exercising his right as a parent-citizen to raise concerns about Critical Race Theory and Black Lives Matter propaganda in his daughter’s seventh-grade history class, settled his civil rights lawsuit against his former employers at Dedham Public Schools. As part of the settlement, the Superintendent of Dedham Public Schools, Michael Welch, acknowledged “the important and valid issues” raised by Flynn and specific changes in school policies because of Flynn’s complaint, including banning teachers from promoting Black Lives Matter to students online.

Also in August, we sued on behalf of a Minneapolis taxpayer over a teachers’ contract that provides discriminatory job protections to certain racial minorities. The lawsuit was filed against the superintendent of the Minneapolis Public Schools, the Minneapolis Public Schools, and the Minneapolis Board of Education for violating the Equal Protection Guarantee of the Minnesota Constitution.

In June, we received records revealing Critical Race Theory instruction at the U.S. Military Academy at West Point. One training slide contains a graphic titled “MODERN-DAY SLAVERY IN THE USA.” [Emphasis in original]

Records produced in April 2022 from the National Credit Union Administration (NCUA) show the government agency responsible for regulating credit unions required “inclusion and unconscious bias training” for the agency’s employees and contractors and offered advice on how to recognize and address alleged “microaggressions” in the workplace.

Records produced in February 2022 from the Consumer Financial Protection Bureau (CFPB) included a PowerPoint presentation titled “Race and gender based microaggressions” that was used for training at the organization.

Two sets of records we obtained in November 2021 related to the teaching of Critical Race Theory in Montgomery County Public Schools (MCPS), Maryland’s largest school system, included a training course with information about a book titled “Antiracist Baby” that introduces the youngest readers to “the concept and power of antiracism,” and says it’s the “perfect gift” for “ages baby to age 3.”

Records from Loudoun County, VA, obtained in October 2021 revealed a coordinated effort to advance Critical Race Theory initiatives in Loudoun County public schools despite widespread public opposition.

A training document provided to us in October 2021 by a whistleblower in the Westerly School District of Rhode Island, details how its schools are using teachers to push Critical Race Theory in classrooms. The training course was assembled by the left-leaning Highlander Institute and cites quotes from Bettina Love, from whom the Biden administration distanced itself publicly after her statements equating “whiteness” to oppression.

Records produced in June 2021 by Wellesley Public Schools in Massachusetts confirmed the use of “affinity spaces” that divide students and staff based on race as a priority and objective of the school district’s “diversity, equity and inclusion” plan. The school district also admitted that between September 1, 2020, and May 17, 2021, it created “five distinct” segregated spaces.

Heavily redacted records we obtained in May 2021 from Montgomery County Public Schools (MCPS) in Maryland included documents related to their $454,000 “Anti-racist system audit” and Critical Race Theory classes. Students were taught that the phrase “Make America Great Again” was an example of “covert white supremacy.”

A recent case out of Massachusetts illustrates how the Biden administration’s negligent open border policies and local sanctuary laws mingle to endanger the American public. It involves a Haitian national who entered the United States illegally at the end of 2022 through the port of entry in Brownsville, Texas. Instead of getting deported, the migrant was issued a notice to appear (NTA) before an immigration judge like hundreds of thousands of others in the last few years. Months later the 31-year-old man was arrested by Boston Police for rape and indecent assault and battery on a developmentally disabled person. Boston is a sanctuary city that protects illegal immigrants from deportation by, among other things, banning cooperation with federal authorities, even when it comes to violent criminals. Seven other cities in Massachusetts have implemented the same outrageous policy.

In this case the Enforcement and Removal Operations (ERO) division in Boston’s Immigration and Customs Enforcement (ICE) office tried to detain the illegal immigrant to deport him, but local authorities refused to turn him over. The Dorchester District Court did not honor ICE’s detainer request and instead set the accused Haitian rapist free with a monitoring device pending a trial for his sexual assault charges. “Disturbingly and despite our filing an immigration detainer, this individual was released back into the community by the criminal court,” said ERO Boston Field Office Director Todd M. Lyons in a statement. “The men and women of ERO Boston continue to protect the community from those who pose a real public safety threat to our communities. We remain strongly committed to protecting residents in communities by apprehending those who are not lawfully present in this country and pose a threat to public safety. This remains central piece of our mission.”

Federal authorities fulfilled their duty by launching an investigation when they became aware through various sources of the Haitian migrant’s criminal arrest and unlawful immigration status. When the county court refused to honor the immigration detainer, ERO tracked the alien suspect down and arrested him earlier this month in Dorchester, a neighborhood proudly identified by city officials as Boston’s most diverse. “Long-time residents mingle together with new immigrants from Vietnam, Cape Verde, Ireland, and many other countries,” according to the city’s website. “This wonderful mix of residents from all cultures and backgrounds makes it an incredibly vibrant place to live, work, and spend time.” Curious to know how the diverse residents feel about releasing a violent criminal into their quaint neighborhood. Thanks to ICE’s due diligence he will remain in federal custody pending an upcoming hearing before an immigration judge and the agency will seek his removal from the U.S. once the state criminal case is resolved.

It is important to note that this is hardly an isolated case. There is a national crisis generated by local governments around the country that protect even the most violent illegal immigrant offenders by refusing to honor ICE detainers under a partnership known as 287(g) that notifies the federal agency of inmates in the country illegally so that they can be deported. Under sanctuary measures, a growing number of city and county law enforcement agencies are instead releasing the illegal aliens—many with serious convictions such as child sex offenses, rape, and murder—rather than turn them over to federal authorities for removal. The problem is so bad that a few years ago ICE resorted to launching a billboard campaign seeking the public’s help in capturing alien felons released by various sanctuary law enforcement agencies in just one state.

Judicial Watch has reported on the crisis extensively over the years, documenting outrageous examples that include elected law enforcement officials freeing child sex offenders, major counties releasing numerous violent convicts and a state—North Carolina—that discharged nearly 500 illegal immigrant criminals from custody in less than a year. The dangerous trend has forced ICE to come up with creative ways—such as the billboard campaign—to apprehend the offenders and deport them. In one busy region the agency publicly disclosed the convicts, complete with mug shots, scheduled to be released before they were actually let go by police that proudly offer illegal aliens sanctuary. The initiative targeted six offenders incarcerated in two Maryland counties—Montgomery and Prince George’s—notorious for shielding illegal immigrants from the feds. Most were incarcerated for sexual crimes involving children, including rape and serious physical abuse that resulted in death. A couple of the convicts were in jail for murder and assault.

Adding to the countless national security issues generated by the Biden administration’s egregious open border policies is an inconceivable spike in illegal immigrants from a country run by a dictator with close ties to terrorists. A new report published by the Washington D.C. nonprofit Federation for Immigration Reform (FAIR) reveals that under Biden there has been a mind-boggling 7,300% increase in migrants from Venezuela, which is quite disturbing considering the South American nation operates under a Marxist regime that encourages international terrorist groups to run free. In fiscal year 2020, the last before Biden became president, 4,520 Venezuelan nationals were encountered by U.S. Customs and Border Protection (CBP), according to government figures embedded in the report. In 2021 the number grew to 50,499, an eleven-fold increase, and it surged again to 189,520 in 2022. By fiscal year 2023 the Venezuelan migrant population exploded to 334,914. “This makes Venezuelans the second most commonly encountered nationality at the border, second only to Mexican nationals,” FAIR writes in the report. Additionally, CBP figures show that there was a 102% increase in Venezuelans encountered in families between 2022 and 2023.

The crisis was ignited by the president’s open border policies and worsened when his administration announced a special parole program for Venezuelan nationals which allows them to enter the U.S. without a visa and even with expired passports. Once in the country, they are eligible under the plan to apply for work authorization. “Venezuelan illegal immigration to the U.S. is driven as much by policy as economic conditions,” FAIR researchers found. “When the Biden Administration announces tougher enforcement policies, the number of encounters drops. For example, there was a dramatic drop in encounters of Venezuelans in February 2022 when Mexico announced it would no longer allow Venezuelans to enter Mexico visa-free, a policy said to have been made after the Biden Administration requested it.” Another noticeable decrease occurred in October 2022 when the U.S. announced that Venezuelans caught entering the country illegally would be returned to Mexico. Then the Biden administration implemented a new parole program for Venezuelans along with nationals of Cuba, Haiti, and Nicaragua. The administration said it was for those seeking safe haven within the United States due to the conditions in their country.

Now the U.S. has hundreds of thousands of migrants from a nation with documented terrorist ties. Venezuela’s government issues travel documents to individuals linked to terrorism and allows terrorists to operate with relative impunity. The country also has close ties with Iran and other notorious state sponsors of terrorism. A State Department report reveals that Venezuelan Dictator Nicolas Maduro and his associates “use criminal activities to help maintain their illegitimate hold on power, fostering a permissive environment for known terrorist groups.” That includes the Revolutionary Armed Forces of Colombia (FARC-D), the Colombian-origin National Liberation Army (ELN), and Hezbollah sympathizers. In a separate assessment the State Department writes that Maduro has defined himself through his opposition to the United States, regularly criticizing the U.S. government, its policies, and its relations with Latin America. The document also says Maduro’s policies are characterized by authoritarianism, intolerance for dissent, and irresponsible state intervention in the economy.

A few years ago, the Department of Justice (DOJ) charged Maduro and more than a dozen current and former Venezuelan government officials with narco-terrorism, corruption, drug trafficking and other crimes for operating a sophisticated enterprise known as Cártel de Los Soles that has flooded the U.S. with tons of cocaine. Weeks later the DOJ indicted a Maduro ally and onetime member of Venezuela’s National Assembly, a Syrian-Venezuelan citizen named Adel El Zebayar, for distributing cocaine and weapons in coordination with terrorist organizations and recruiting terrorists to join the Cártel de Los Soles to plan and carry out attacks in the U.S. The feds say El Zebayar obtained a cargo plane load of military-grade weaponry from the Middle East. With these documented ties to terrorism, the FAIR report logically points out that Venezuelan mass illegal immigration raises the specter of terrorist infiltration.