|
Judicial Watch Sues for Details of DA Willis’
Hiring of Special Prosecutor
We are in court fighting the lawfare being waged against former President
Donald Trump.
We filed a lawsuit
against Fulton County, Georgia, for records of the hiring of Nathan Wade as
a special prosecutor by District Attorney Fani Willis (Judicial
Watch Inc. v. Fulton County, Georgia).
Wade was hired to pursue unprecedented criminal investigations and
prosecutions against former President Trump and others over the 2020
election disputes. We sued after Fulton County failed to respond to a
January 11, 2024, Georgia Open Records Act request for:
All County public records, as defined in O.C.G.A.§ 50-18- 70(b)(2),
related to the hiring/appointment/procurement of the professional services
of Nathan Wade (or his law firm) as Fulton County Special Prosecutor. This
includes any request for services/proposals, contracts, invoices, or
correspondence (physical or electronic) related to his
hiring/appointment/procurement.
Any applicable procurement policies and
procedures related to Mr. Wade’s hiring or appointment.
Wade and Willis are allegedly involved in a romantic relationship. Earlier
this month, records relating to Wade’s divorce were unsealed
by a judge. They included evidence of his relationship with Willis such as
“credit card charges for trips the pair took together to Florida and
California.” His wife’s attorneys also asserted that Wade hid his true
earnings, “totaling almost $700,000 for his work as special
prosecutor.”
Fani Willis’ politicized and unprecedented prosecution of former
President Trump has been further compromised by credible allegations of
personal corruption tied to the hiring of Nathan Wade as special
prosecutor. That we had to file a lawsuit to try to get records about this
scandal further suggests that there is something to hide.
In October 2023, we sued
the U.S. Department of Justice for records and communications between the
Office of U.S. Special Counsel Jack Smith and the Fulton County, Georgia,
District Attorney’s office regarding requests/receipt of federal
funding/assistance in the investigation of former President Donald Trump
and his 18 co-defendants in the Fulton
County indictment of August 14, 2023.
Judicial Watch Sues FBI for Files on Ashli Babbitt – Family Demands
Records
Ashli Babbitt was the only homicide victim on January 6, yet the FBI has
been illicitly hiding its files on her from her family for a year. Why the
cover-up?
We filed a Freedom of Information Act (FOIA)
lawsuit
on behalf of Aaron Babbitt, the late Ashli Elizabeth Babbitt’s husband,
and Ashli Babbitt’s estate against the U.S. Department of Justice (DOJ)
for all FBI files on Ashli Babbitt
(Estate
of Ashli Babbitt and Aaron Babbitt et al. v. U.S. Department of
Justice (No. 24-cv-0119)).
Ashli Babbitt, an Air Force veteran, was shot and killed inside the U.S.
Capitol by then-Capitol Police Lt. Michael Byrd on January 6, 2021.
We sued in the U.S. District Court for the Southern District of California
to compel production of the FBI files on Ashli Babbitt and Aaron Babbitt
after the FBI denied two February 27, 2023, FOIA requests to the FBI and
subsequently failed to respond to an appeal of the denial for:
All FBI files for Ashli Elizabeth Babbitt. Additional information:
“Subject also used the names” Ashli Elizabeth McEntee and Ashli
Elizabeth Pamatian;” and
All FBI records, including main and
cross-referenced files, related to Aaron Raymond Babbitt.
Babbitt was a 35-year-old resident of San Diego, California, where she
owned and operated a successful pool business with her husband Aaron. Ashli
traveled alone from San Diego to Washington, D.C. to attend the Women for
America First (aka Save America) rally on January 6, 2021, at the
Ellipse.
The shooting occurred at the east entrance to the Speaker’s Lobby. After
demonstrators filled the hallway outside the lobby, two individuals in the
crowded, tightly packed hallway struck and dislodged the glass panels in
the lobby doors and the right door sidelight. Lt. Byrd, who is a U.S.
Capitol Police commander and was the incident commander for the House on
January 6, 2021, shot Ashli on sight as she raised herself up into the
opening of the right door sidelight. Lt. Byrd later confessed that he shot
Ashli before seeing her hands or assessing her intentions or even
identifying her as female. Ashli was unarmed. Her hands were up in the air,
empty, and in plain view of Lt. Byrd and other officers in the lobby.
On January 5, 2024, we filed a wrongful death
lawsuit
against the U.S. Government on behalf of the family of Ashli Babbitt (Estate
of Ashli Babbitt and Aaron Babbitt, et al. v. United States of
America (No. 3:24-cv-00033)). The lawsuit includes $30
million in claims against the U.S. Government for wrongful death, assault
and battery, and various negligence issues. Describing Babbitt’s murder
by Lt. Byrd, our complaint recounts:
The facts speak truth. Ashli was ambushed when she was shot by Lt. Byrd.
Multiple witnesses at the scene yelled, “you just murdered her.”
Lt. Byrd was never charged or otherwise
punished or disciplined for Ashli’s homicide.
We are extensively investigating the events of January 6.
In October 2023, we
announced
that we received the court-ordered
declaration
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.
In September, we received
records
from the Executive Office for United States Attorneys, a component of the
Department of Justice, in a FOIA lawsuit that detailed the extensive
apparatus the Biden Justice Department set up to investigate and prosecute
January 6 protestors.
A
previous
review of records from that lawsuit highlighted the
prosecution
declination memorandum justifying the decision not to prosecute
U.S. Capitol Police Lt. Michael Byrd for the shooting death of Babbitt.
In January 2023,
documents
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
multiple
audio,
visual
and
photo
records 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 of the shooting and an audio of a brief police
interview of the shooter, Byrd.
In October 2021, United States Park Police
records
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.”
San Francisco Taxpayers Sue over Payments to ‘Black/Latinx’ Men
(‘Transgender Women’)
The transgender extremists running San Francisco are illegally using
taxpayer money to hand out free cash to transgender individuals based on
race and sex in blatant violation of the state’s constitution.
We filed a lawsuit
on behalf of San Francisco taxpayers over a city program that discriminates
in favor of biological black and Latino men who identify as women in the
distribution of tax money.
The taxpayer lawsuit was filed against San Francisco Mayor London Breed,
City Treasurer Jose Cisneros, the director of the city’s Office of
Transgender Initiatives, and City Administrator Carmen Chu for violating
the Equal Protection clause of the California Constitution (Phillips
et al. v Breed et al. (No. 24-611915)).
Mayor Breed announced
the launch of the Guaranteed Income for Trans People (GIFT) program on
November 16, 2022. The mayor’s office stated in a press release that the
city will “provide low-income transgender San Franciscans with $1,200
each month, up to 18 months to help address financial insecurity within
trans communities.”
According to our lawsuit:
Applicants who do not identify as transgender, non-binary, gender
non-conforming, or intersex are not eligible to participate in the GIFT
program.
Applicants are prioritized based on their
biological sex and race/ethnicity. Biological males identifying as female
are given preference over biological females identifying as male, and
applicants identifying as Black or Latino are given preference over
applicants identifying as other races/ethnicities.
The program began disbursing
funds in January 2023. GIFT payments to these participants will
continue through June 2024.
Our taxpayer clients allege that San Francisco is discriminating in
violation of Article 1, Section 7 of the state constitution on three
counts:
Transgender Status Discrimination:
Plaintiffs contend that any expenditure of
taxpayer funds or taxpayer-financed resources on the GIFT program is
illegal … because of the requirement that eligible participants be
transgender, non-binary, gender nonconforming, or intersex is immediately
suspect and presumptively invalid and cannot survive strict scrutiny
review.
Sex Discrimination:
[P]laintiffs contend that any expenditure of
taxpayer funds or taxpayer-financed resources on the GIFT program is
illegal … because the program grants preferential treatment to biological
males who identify as females …
Race/Ethnicity Discrimination:
Specifically, Plaintiffs contend that any
expenditure of taxpayer funds or taxpayer-financed resources on the GIFT
program is illegal … because the program grants preferential treatment to
persons who identify as Black or Latino …
Our clients are asking for:
A judgment declaring any and all expenditures of taxpayer funds and
taxpayer-financed resources on the GIFT program to be illegal [and]
An injunction permanently prohibiting
Defendants from expending or causing the expenditure of taxpayer funds and
taxpayer-financed resources on the GIFT program[.]
In October 2023, our open records request forced the release of records
from the City of San Francisco showing the city prioritized tax money for
black and Latino transgenders (biological men) in the (GIFT)
program, which also allowed illegal aliens to apply; allowed people who
“engage in survival sex trades” to apply; and the use of the funds by
participants was virtually unrestricted.
In December 2023, the Minnesota Court of Appeals reversed the trial
court’s ruling and allowed
our historic lawsuit filed on behalf of a Minneapolis taxpayer over a
teachers’ contract that provides discriminatory job protections to
certain racial minorities to proceed.
In May 2022, we won
a court battle against California’s gender quota law for
corporate boards. The verdict came after a 28-day trial. The verdict
followed a similar
ruling in our favor in April finding California’s race,
ethnicity and LGBT quotas for corporate boards unconstitutional.
The City of Asheville, NC, in January 2022 settled
our federal civil rights lawsuit after agreeing to remove all racially
discriminatory provisions in a city-funded scholarship program.
Additionally, the city agreed to remove racially discriminatory eligibility
provisions in a related program that provides grants to educators.
Court Hearing in Suit Seeking Release of ‘Manifesto’ of Nashville
School Shooter
We were in court this week for a
hearing, asking for the release of records related to the March
27, 2023, shooting at The Covenant School in Tennessee, including the
reported “manifesto” written by the suspected female shooter. The
hearing was held before Chancellor I’Ashea Myles in the Chancery Court
for Davidson County, 20th Judicial District, in the public records lawsuit
against the Metropolitan Government of Nashville and Davidson County.
We filed our
lawsuit
on behalf of retired Hamilton County Sheriff James Hammond and the
Tennessee Firearms Association, Inc. (“TFA”) (Hammond
et al. v. Metropolitan Govt of Nashville et al. (No.
23-0538-III)). The court later consolidated our lawsuit with several others
related to release of public records from The Covenant School shooting.
Recently, petitioner Clata Brewer filed a
motion asking the court to schedule a show cause hearing to
finally rule on whether to release the records and another motion asking
the court to unseal the initial log created by Metropolitan Nashville
Police Department (“MNPD”) describing records and materials in its
possession. Petitioner Brewer argues the log needs to be unsealed because
the current restrictions “interfere with the ability of the parties to
refer to various documents, identified in the Log …” Brewer explains
“the information in the Log is necessary to allow an unfettered
presentation of evidence and arguments …”
On April 13, 2023, the TFA submitted two open records requests. The first
asked the MNPD to produce copies of records or files and inspection of
“the ‘manifesto’ reportedly found in the home of Audrey Elizabeth
Hall on March 27, 2023.” The second asked MNPD produce copies “all
email communications of Metropolitan Nashville Police Department officials
regarding the mass shooting committed by Audrey Elizabeth Hale on March 27,
2023, as well as MNPD officials’ text messages regarding the same, and
copies of the ‘manifesto’ reported left by Audrey Elizabeth Hale in her
vehicle.”
In a separate request on April 17, 2023, Sheriff Hammond asked that the
MNPD provide all criminal police reports documenting the incident.
The MNPD denied these requests citing without identifying any underlying
criminal case or even a potential defendant.
The Tennessee Public Records Act states:
“[a]ll state, county and municipal records shall … be open for personal
inspection by any citizen of this state, and those in charge of the records
shall not refuse such right of inspection to any citizen, unless otherwise
provided by state law. See Tenn. Code Ann. § 10-7-503(a)(2)(A).” The
lawsuit requests the court allow prompt access to the requested public
records.
On May 17, 2023, MNPD argued in court
that it did not object to a release of the “redacted” manifesto, but
many other records are still under review. Additionally, the MNPD stated
the investigation could take approximately one year to complete.
The resolution of the case has been delayed for disputes about whether the
school and school/victims parents could intervene and prevent the release
of the “manifesto” and other investigatory material.
John I. Harris III, Esq., of Schulman, LeRoy & Bennett, PC in Nashville,
TN, is assisting Judicial Watch with the lawsuit.
Federal Judges Grant Oral Argument Based on Lawyers’ Sex, Race
Our federal judiciary is showing signs of “going woke,” as our
Corruption Chronicles blog reports.
The robust woke movement gripping the nation’s private and public
sectors is also threatening judicial impartiality with three federal judges
enacting unlawful race and sex discrimination policies that grant oral
argument in cases based on a lawyer’s gender and race. The goal is to
give young women and minority attorneys greater opportunities to argue in
court, according to the judges, who benefit from lifetime appointments. Two
of the federal judges—Nancy J. Rosenstengel and Staci M. Yandle—were
appointed by Barack Obama and one—David W. Dugan—is a Donald Trump
appointee. All three sit on the U.S. District Court for the Southern
District of Illinois.
The unconventional policies adopted by the
three jurists constitute judicial misconduct because they unlawfully
discriminate, evidence judicial bias, undermine faith in the judiciary’s
integrity, and violate the equal protection guarantee of the Fifth
Amendment, according to a judicial misconduct complaint filed this month. To “encourage the
participation of newer, female, and minority attorneys in proceedings,”
the judges instituted a two-part process of discrimination, says the
complaint filed by a conservative legal group. After a motion is fully
briefed a party may alert the court that, if argument is granted, it
intends to have a newer, female, or minority attorney argue the motion or a
portion of the motion. The court will grant the request if practicable and
“strongly consider allocating additional time for oral argument beyond
what the Court may have otherwise allocated” but for the sex or race of
the lawyer, the complaint reads. “The judges’ policies are essentially
oral-argument affirmative action for lawyers,” according to the
complaint, which points out that “the policies expressly reward female
and minority lawyers.”
In the two-page orders, which are identical,
the three judges explain that they are cognizant of a growing trend in
which fewer cases go to trial and in which there are generally fewer
in-court advocacy opportunities. “This is especially true for newer
attorneys (attorneys practicing for less than seven years) in general, and
women and underrepresented minorities in particular,” the orders state.
“Recognizing the importance of the development of future generations of
practitioners through courtroom opportunities, the undersigned Judge
encourages the participation of newer, female, and minority attorneys in
proceedings in my courtroom; particularly with respect to oral argument on
motions where said attorney drafted or contributed significantly to the
briefing for the motion.” The reality is that the judges have a legal
duty to grant oral argument requests based solely on the case’s legal
merits and not the lawyer representing the parties engaged in the
litigation.
The judicial misconduct complaint stresses
that few judicial acts are as confidence-shaking as an announcement by a
federal judge that he or she will manage a case depending in part on the
sex or race of a litigant’s attorney. “Judges do not promote public
confidence in the integrity and impartiality of the judiciary when they
announce policies expressly favoring persons with certain immutable
characteristics,” the document states. “Public confidence in the
judiciary is especially threatened when judges effect those policies
through contemplated and actual exercise of the judicial power of the
United States.” The document further points out that ratifying the
discriminatory policies as standing orders creates an official acceptance
of long-outlawed forms of discrimination in the federal
judiciary.
In a press release
announcing the judicial misconduct complaint, the Washington D.C. group,
America First Legal, writes that all Americans deserve equal treatment and
opportunity under the law and the legal profession has a special duty to
serve as an example for the rest of society. “This is particularly true
for federal judges, whose conduct must be beyond reproach–particularly
when it comes to policies that overtly discriminate against attorneys
appearing before them based on their race or sex.” The group adds that
the Constitution forbids using sex and race preferences to provide parties
with in-court argument time. The practice leaves less time available for
lawyers of non-favored races or the wrong sex, which of course, is not
legal and cheats both plaintiffs and defendants.
Until next week,
|
|
|
|
|
|
|
|
|
Judicial Watch, Inc.
425 3rd St Sw Ste 800
Washington, DC 20024
|
|
202.646.5172 |
|
|
© 2017 - 2024, All Rights Reserved
Manage
Email Subscriptions |
Unsubscribe |
|
|
|
|
|
|
|
|