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Biden Justice Department Asks Court to Keep the
Names of Jack Smith’s Top Staff Secret
“The liberties of a people never were, nor ever will be, secure, when the
transactions of their rulers may be concealed from them.” Patrick Henry
wrote. That is the concern we face today with unlawful government
secrecy.
The U.S. Department of Justice is
asking a federal court to allow the agency to keep secret the
names of top staffers working in Special Counsel Jack Smith’s office that
is targeting former President Donald Trump and other Americans.
We filed a FOIA lawsuit
in May 2023 after the Justice Department rejected a December 9, 2022, FOIA
request for ”staff rosters, phone lists, or similar
records depicting all employees hired by or detailed to office of Special
Counsel Jack Smith” (Judicial
Watch Inc. v U.S. Department of Justice (No.
1:23-cv-01485)).
After months of delay, the Biden Justice Department finally acknowledged on
April 12, 2023, that it possessed two staff rosters responsive to our
request, but, citing a supposed “dearth of FOIA public interest,” was
withholding the rosters under privacy and law enforcement exemptions. We
explained in our motion that we were only seeking the names of top-level
staffers – those at the GS-14 level and above – and did not seek email
addresses or phone numbers.
In our motion, Judicial Watch quotes
President Joe Biden’s remarks at a November 9, 2022, White House press
conference and provide the background and justification for the FOIA
request:
“Well, we just have to demonstrate that [Donald Trump] will not
take power – if we – if he does run. I’m making sure he, under
legitimate efforts of our Constitution, does not become the next President
again.” - President Joe Biden
On November 18, 2022, [three
days after Trump announced he would run for president again in
2024], Attorney General Merrick Garland appointed Special Counsel Jack
Smith to investigate potential criminal wrongdoing by former President
Donald J. Trump. The appointment came nine days after President Biden
announced his effort to “mak[e] sure” Trump did not become president
again. The unprecedented investigation – and now prosecutions – by an
incumbent president of his immediate predecessor, opponent in the last
election, and leading opponent in the upcoming election raises numerous
questions about who Special Counsel Smith chose to assist him in this
highly charged endeavor. Are these persons opponents or supporters of the
former president, aligned with one of the two major political parties, or
otherwise biased or conflicted, or are they unbiased, nonpartisan
professionals?
Further, we cite the Fani Willis and the other anti-Trump investigation
scandals in explaining the public interest in knowing who is involved in
this unprecedented prosecution:
Two recent examples highlight the importance of knowing the identities
of the SCO’s staffers. Notorious FBI employees Peter Stzrok and Lisa Page
were both members of Special Counsel Robert Mueller’s investigation of
then-President Trump…. Stzrok was the lead FBI investigator assigned to
the probe, and Page was a “general attorney” on Special Counsel
Mueller’s staff…. During the investigation, it was discovered that
Strzok and Page had exchanged voluminous texts disparaging then-candidate
Trump during the 2016 presidential campaign, commenting that “we’ll
stop” Trump from becoming president, and citing having an “insurance
policy” in case he did…. A subsequent report by the U.S. Department of
Justice Inspector General was highly critical of the exchanges, noting with
respect to the “we’ll stop it” text in particular:
[W]hen one senior FBI official, Strzok, who
was helping to lead the Russia investigation at the time, conveys in a text
message to another senior FBI official, Page, “No. No he won’t. We’ll
stop it” in response to her question “[Trump’s] not ever going to
become president, right? Right?!”, it is not only indicative of a biased
state of mind but, even more seriously, implies a willingness to take
official action to impact the presidential candidate’s electoral
prospects. This is antithetical to the core values of the FBI and the
Department of Justice.
Fulton County, Georgia District Attorney Fani Willis, who also has
brought criminal charges against the former president, is now reportedly
under investigation herself for allegedly choosing her paramour, Nathan
Wade, to lead the prosecution…. Although Wade’s identity was already
known, it led to the discovery of new, previously unknown information that
bears on the public perception of the prosecution. It helps the public to
know “what their government is up to.” This case is no different.
In our motion, we further explain:
Defendant’s argument that disclosing the more-than-one-year-old
rosters could reasonably be expected to interfere with the SCO’s work
because it could lead to the SCO’s staff being threatened and harassed is
entirely conclusory, little more than speculation, and lacks meaningful
evidentiary support. It also ignores the fact that the names of at least 23
SCO staffers are readily available from public sources, yet the public
availability of these names and in some instances email addresses and a
cell phone number does not seem to have had any discernable impact on the
functioning of the SCO…. Its prosecution of the former president and the
two other individuals certainly appears to be proceeding apace, and
Defendant has neither claimed nor demonstrated otherwise.
We conclude that the government’s exemption claims fail and that the
Justice Department’s request to close the case is “plainly insufficient
to satisfy its burden of proving that its withholdings are lawful.”
Our motion includes a
declaration that lists 23 individuals working for Special
Counsel Smith who were identified using publicly available court filings;
an additional four names were located in media reports.
Special Counsel Jack Smith isn’t above the law, and the American people
have the right to know who is working on his unprecedented and politicized
anti-Trump investigation. Given the scandalous revelations about the Fani
Willis prosecution team targeting Trump, it is especially urgent that
Americans know just who the top people on Jack Smith’s staff are.
We’re involved in other matters regarding President Trump.
Through the New York Freedom of Information Law, in July 2023, we received
the engagement
letter showing New York County District Attorney Alvin L. Bragg
paid $900 per hour for partners and $500 per hour for associates to the
Gibson, Dunn & Crutcher law firm for the purpose of suing Rep. Jim Jordan
(R-OH) in an effort to shut down the House Judiciary Committee’s
oversight investigation into Bragg’s unprecedented indictment of former
President Donald Trump.
Through FOIA, we uncovered information
about Special Counsel’s Mueller’s budget
and staff. We also sued for and obtained
records for the budget of Special Counsel John Durham. A
Judicial Watch lawsuit also uncovered calendar entries of Mueller special
counsel prosecutor Andrew
Weissmann
showing he led the hiring effort for the investigation that targeted
President Trump.
In January 2024, we filed a lawsuit
against Fulton County, Georgia for records regarding the hiring of
Nathan Wade as a special prosecutor by District Attorney Fani Willis. Wade
was hired to pursue unprecedented criminal investigations and prosecutions
against former President Trump and others over the 2020 election
disputes.
Before his appointment to investigate and prosecute Trump, Jack Smith
previously was at the center of several other controversial issues, the
IRS
scandal among them.
In 2014, a Judicial Watch investigation
revealed that top IRS officials had been in communication with Jack
Smith’s then-Public Integrity Section about a plan to launch criminal
investigations into conservative tax-exempt groups. Government officials
were looking to step
up a probe into requests for tax-exemption from organizations
with conservative sounding names like “Tea Party” and other
“political sounding names,” according to a later report by the Treasury
Department’s inspector general. Jack Smith appears to have been a key
player in this attempt to silence conservative voices.
According to the documents we obtained, Jack Smith directed the head of the
Justice Department’s Election Crimes Branch, Richard Pilger, to meet with
the director of the IRS’s Tax-Exempt Organizations division, Lois Lerner.
In one email we obtained, Lerner discusses an idea that the Justice
Department could build “false-statement cases” against tax-exempt
conservative groups.
We later obtained additional documents detailing a planning meeting between
Justice Department, FBI and IRS officials about possible criminal
prosecutions. Thanks to our disclosures, House investigators discovered
that the IRS improperly turned over confidential tax records of nonprofit
organizations to the FBI—sparking a public uproar and forcing the return
of the records to the IRS. Read more about the case here.
Mayorkas Personally Declined Kennedy’s Request for Secret Service
Protection
President Biden has arrayed his cabinet against not only Republican rival
Trump but also against another rival, Robert Kennedy Jr.
We received 99
pages of Secret Service records from the Department of Homeland
Security in a FOIA lawsuit that shows Secretary Alejandro Mayorkas
personally declined presidential candidate Robert F. Kennedy Jr.’s
request for Secret Service protection.
We received the records through a September 26, 2023, lawsuit
filed after the Department of Homeland Security failed to respond to a July
31, 2023, FOIA request for senior department officials’ communications
regarding the provision of Secret Service protection for Kennedy (Judicial
Watch v. U.S. Department of Homeland Security (No.
1:23-cv-02846)).
The newly obtained records include a July 21, 2023, two-sentence
letter sent by Mayorkas to Secret Service Director Kimberly
Cheatle, advising her:
On May 26, 2023, Candidate for President Robert F. Kennedy, Jr.
submitted a request to the Department of Homeland Security for United
States Secret Service protection. In accordance with the authority set
forth in Title 18, United States Code, Section 3056(a)(7), and in
consultation with the Candidate Protection Advisory Committee, I decline to
identify Candidate Kennedy for United States Secret Service protection at
this time.
Mayorkas copied the letter to the members of the Candidate Protection
Advisory Committee: Senate Majority Leader Chuck Schumer, Senate Minority
Leader Mitch McConnell, then-House Speaker Kevin McCarthy, House Minority
Leader Hakeem Jeffries, and Senate Sergeant at Arms Karen Gibson.
As noted in a previous
production of records from this lawsuit, the Secretary of
Homeland Security has “broad discretion” when authorizing Secret
Service protection to presidential or vice-presidential candidates:
Who receives protection?
The Secret Service does not determine who qualifies for protection, nor
is the Secret Service empowered to independently initiate candidate
protection.
Under 18 U.S.C.' 3056(a)(7), “[m]ajor Presidential and Vice
Presidential candidates,” as identified by the Secretary of Homeland
Security, are eligible for Secret Service protection.
Title 18 U.S.C' 3056(a)(7) authorizes the U.S. Secret Service to provide
protection for major presidential and vice presidential candidates:
• Protection is authorized by the OHS Secretary after consultation
with the Congressional Advisory Committee
• The Congressional Advisory Committee includes: Speaker of the House,
House Minority Leader, Senate Majority Leader, Senate Minority Leader, and
one additional member selected by the others
• Protection under these guidelines should only be granted within one
year prior to the general election. Protection more than one year prior to
the general election should only be granted in extraordinary, case by case
circumstances in consultation with the committee, based on threat
assessment and other factors.
Secret Service protection for presidential candidates began in 1968 after
the assassination of Democrat candidate Robert F. Kennedy, the father of
Robert F. Kennedy Jr.
The new records also show the Kennedy 2024 presidential campaign sent
several requests to DHS seeking protection for the candidate, who initially
ran as a Democrat but switched to Independent after realizing Democrats had
no intention of allowing him to challenge Joe Biden for the party’s 2024
nomination.
The Kennedy for President organization’s first
request for Secret Service protection was sent “Sensitive and
Confidential” on May 26, 2023, from an unidentified official in
Kennedy’s organization and reads: “As [redacted] for Robert F. Kennedy,
Jr.’s campaign for President of the United States, I am writing to
request United States Secret Service protection for Robert F. Kennedy, Jr
from this point forward pursuant to 18 U.S.C. 3056(a)(7), which authorizes
the Secret Service to provide protection to ‘Major Presidential
Candidates.’ Robert F. Kennedy, Jr appears to have met this standard and
we ask that you and your Congressional Protection Advisory Committee
consider this request. If you authorize the Secret Service to protect
Robert F. Kennedy, Jr, he will accept this protection as soon as the
necessary arrangements can be made. With respect for your time and process,
the campaign commissioned an expert risk assessment in advance of today’s
request (attached). If you need any additional information, please do not
hesitate to contact me.” The accompanying 62-page attachment is entirely
redacted under FOIA exemptions relating to personal privacy and
deliberative process.
On July 7, 2023, the Kennedy organization, “Team Kennedy,” sends a
letter via email to Kristie Canegallo, acting deputy secretary
and chief of staff at DHS, with the subject line “Urgent Request for Sec.
Mayorkas Re Secret Service Protection of Presidential Candidate Robert F.
Kennedy, Jr.” along with an attachment titled "RFK Jr. Risk Assessment
Declaration May 24, 2023.” In their cover email to Canegallo, Kennedy’s
representatives write, “I am forwarding to you for immediate action by
Secretary Mayorkas the attached files in the interest of protection by the
United States Secret Service of Presidential candidate Robert F. Kennedy,
Jr. I can be reached at anytime at [redacted] for confirmation, or to
answer questions. Thank you in advance for your assistance.” The attached
“sensitive and confidential” letter states:
As [redacted] of the presidential campaign of Robert F. Kennedy, Jr., I
am asking for an immediate response to my request for United States Secret
Service protection Mr. Robert F. Kennedy, Jr.
You may know that within 24-hours after the assassination of Senator
Robert F. Kennedy, President Johnson directed the Secret Service to provide
protection to presidential candidates. Just days later, the Secret Service
became responsible for the safety of five candidates, and by the end of the
1968 campaign, twelve candidates were protected by the USSS. The new
responsibility was undertaken to ensure the safety of candidates and others
in their vicinity – and to protect the electoral process itself.
Given Robert F. Kennedy, Jr.’s well-established risk as a presidential
candidate, our campaign submitted a written request following the formal
process. Our request was received at DHS on June 1, 2023. Presidential
candidates traditionally hear back within 14 days; it has been more than
30-days since the formal request.
As I write this today, Robert F. Kennedy, Jr. remains at risk of being
harmed in connection with his Presidential campaign – and that risk is
escalating.
Many weeks ago, Robert F. Kennedy, Jr. met the criteria for a
presidential candidate to receive Secret Service coverage, pursuant to
Title 18 U.S.C. 3056(a)(7). He has polled above the threshold, has been
actively campaigning on a national basis, operates a national campaign
apparatus, has appeared before thousands of audience members at events in
many states, regularly appears as a candidate on national network news
programs, town halls, podcasts, interviews, is producing campaign
materials, advertisements, and websites, is successfully fundraising, and
has assembled a large campaign staff.
Again, our campaign has not heard back from the DHS since submitting the
request. The risk to Mr. Kennedy, and those around him, persists and
increases during this waiting period.
I have attached the first request and our initial threat
assessment.
It is simply despicable that Secretary Mayorkas refused needed Secret
Service protection for Robert F. Kennedy Jr.. That it took a federal FOIA
lawsuit to force out this information speaks volumes.
We also recently released
Secret Service records under this lawsuit that showed Assistant Director
Michael Plati ordering his staff not to respond to a request for
information from Robert F. Kennedy Jr.’s head of security. The documents
also confirmed that Mayorkas and President Biden both have the discretion
to provide Secret Service protection to Kennedy at any time.
In September 2023, we received Secret Service records
detailing the denial of protection to presidential candidate Kennedy
despite having received numerous threats from “known subjects.”
Judicial Watch Succeeds in Interrupting Texas A&M Ties with Qatar
The Texas A&M University System Board of Regents voted
on February 8 to cancel its contract with the Qatar Foundation for
Education, Science and Community Development, which funded the campus,
ending the 20-year-old program. It reportedly will take four years to
finally close out the program.
The news follows disclosures from our lawsuit on behalf of the Zachor Legal
Institute that disclosed nearly half a billion in funding from the Qatar
regime for Texas A&M:
Texas A&M’s decision to close its Qatar campus is a recognition of how
reckless and dangerous it is for a taxpayer-supported institution to take
money from and partner with a known supporter of terrorism, especially now
that terrorism has raised its ugly head so dramatically again in the
Mideast. Texas A&M has more work to do to extract itself from Qatar’s
hooks. And Judicial Watch will continue to push for transparency on Qatar
influence operations here in America.
Judicial Watch and the Zachor Legal Institute – with the assistance
of Jennifer S. Riggs of Riggs & Ray, P.C. in Austin, Texas – have spent
more than five years successfully fighting the Qatar Foundation in Texas
courts for information about the funding of Texas A&M. The records that
have been produced so far have shown that over $522 million was given by
Qatar to the state university from January 1, 2013, to May 22, 2018,
including more than $485
million from the Qatar Foundation. In addition, because of
our court victory, Texas A&M produced contracts
that suggest Texas A&M provided an assignment of sensitive
intellectual property to the Qatar Foundation.
In 2019 we intervened
under the Texas Public Information Act (TPIA) on behalf of Zachor Legal
Institute, which had made two requests for details of the Qatar
government’s funding of the campus but was denied. Zachor is a U.S.-based
advocacy group dedicated to combating the spread of anti-Semitism.
In March 2023 Judge Amy Clark Meachum of the District Court of Texas for
Travis County ordered
the documents be made public.
In May 2023 we received records
from Texas A&M indicating that it received $485,811,921.33 in grants and
contracts from the Qatar Foundation, which had fought the release in Texas
courts.
Qatar has aligned
itself with Islamic terrorists and extremists, which has placed
it at odds with the United States, Israel and other U.S. allies in the
Middle East. In October 2023, the U.S. Department of the Treasury imposed
sanctions on terrorist group members and financial facilitators in Qatar
and other nations. We argued in court that the Qatar government sponsors
and supports the Qatar Foundation for Education.
In October 2018 Qatar filed suit against the Texas attorney general to
prevent the disclosure of its funding information. On April 29, 2019, we
filed a petition
to intervene on behalf of Zachor.
We pointed out in its petition that the U.S. Congressional Research Service
has found serious issues worthy of investigation with Qatar’s involvement
in discrimination and terrorism:
The Qatari government has been identified as a vocal purveyor of
anti-Semitism and promoter of extremist terrorist groups. The merits of
this case ask whether the Qatar Foundation (a private entity) will be
allowed to use the (Texas Public Information Act) to preclude public
scrutiny of its involvement with and influence on a public university.
We reported
in May 2019 that Qatar had given $1 billion to American universities since
2011, with more than $830 million directed to three U.S.
universities—Georgetown, Northwestern, and Texas A&M. Each opened
satellite campuses in Qatar.
Zachor’s President Marc Greendorfer stated:
First, we wouldn’t have been able to obtain this shocking information
without the work of Judicial Watch. For small organizations like Zachor,
partnering with Judicial Watch creates a veritable David standing against
the Goliaths who would otherwise shut down public scrutiny of their harmful
alliances. Second, we also intend to continue our work combating terror and
hate that is fed by the deep pockets of countries like Qatar. While our
focus is on fighting antisemitism, this issue is one that affects every
American and we are grateful to have such a strong and effective
partner.
Huge Spike in Illegals Along Northern Border, Including from Terrorist
Nation
Our southern border is not the only path for terrorists wanting entry into
our country. Our border with Canada is also unsecure, as our Corruption
Chronicles blog reports.
While most headlines focus on the southern border crisis, the United
States is also seeing record-breaking numbers of illegal immigrants along
the extensive northern border with one U.S. Border Patrol sector reporting
more migrants in the last few months than in the last four fiscal years
combined. Since October 1, 2023—the start of this fiscal year—agents in
the Swanton Sector, which oversees parts of Vermont, New York, and New
Hampshire, have apprehended 3,100 subjects from 55 countries, according to
chief patrol agent Robert Garcia. In a social media post,
Garcia includes a recent photo of an early morning apprehension of four
adult males from Bangladesh near Mooers, New York. “The record-breaking
surge of illegal entries from Canada continues in Swanton Sector,” Garcia
writes, adding that a “citizen’s report in Champlain, NY, led to the
arrest of 10 Bangladesh citizens.”
This is especially concerning because
Bangladesh is a hotbed of terrorism. The South-Asian Islamic country is
well known as a recruiting ground for terrorist groups such as Al-Qaeda
Indian Subcontinent (AQIS) and the Islamic State of Iraq and Syria (ISIS).
In the last few years there has been an alarming surge in Bangladeshi
migrants trying to enter the U.S. via Mexico, reportedly to conduct
attacks. A congressional probe made public a few years ago reveals that migrants from terrorist
nations are trying to enter the United States through the southern border
at record rates, including an astounding 300% increase in Bangladeshi
nationals attempting to sneak into the country through Texas alone. Shortly
after the congressional report was released, federal authorities arrested a
Mexican-based Bangladeshi smuggler in Houston and charged him with bringing
in 15 fellow countrymen through the Texas-Mexico border. His name is Milon
Miah and he lives in Tapachula, in the southeast Mexican state of Chiapas
bordering Guatemala. Now large numbers of Bangladeshis are coming in
through Canada, which shares the world’s largest international border
with the U.S.
Last year more than 12,200 illegal
immigrants were apprehended crossing into the U.S. from Canada, a stunning
241% spike from the previous year’s 3,578. The majority were Mexicans who
are permitted to fly into Canada without a visa. “The phenomenon has
transformed a 295-mile border area along northern New York, Vermont and New
Hampshire into a hot spot of migration,” according to a mainstream
newspaper story published a
few days ago. Around 70% of the illegal crossings last year occurred on
that stretch (known as the Swanton Sector), the article reveals. “Rather
than deal with an arduous journey through the Darién Gap in Panama and a
near-certain encounter with the Border Patrol, migrants from as far as
Mexico, India and Venezuela who have the wherewithal have been flying to
Canada — taking advantage of border crossings without any imposing walls
or fences,” the story says.
A Democrat New York legislator who
represents the northeastern part of the state just south of the Canadian
province of Quebec, is quoted in the article blasting the feds. “The
northern border has been pretty much ignored,” according to Assemblyman
Billy Jones. He also said the federal government is “failing on
immigration, and they’re failing the people that live along the
border.” The surge in illegal immigration is also overwhelming local
officials in New York’s North Country, according to the report. Farmers
and residents of small towns in the area are increasingly spotting illegal
immigrants on their property after crossing from Canada. “The illegal
crossings are sometimes facilitated by new human smuggling operations,
often based outside New York, which advertise their services on social
media and charge migrants thousands of dollars to get them into the country
from Canada, often leaving them indebted to the smugglers,” the news
article states.
The northern border has long been neglected
by the government even as serious national security issues prevail in the
region. Nearly a decade and a half ago, a federal audit
revealed that less than 1% of the U.S.-Canada border is adequately secured
by the U.S. Around the same time, another federal investigation found that
the Border Patrol was not adequately guarding a rural and dangerous stretch of the Canadian border that runs from
Washington to Montana and is rife with drug smuggling and potential
terrorism and gang threats. The area is considered an important entry point
for aircraft that smuggle drugs from Canada, the probe found. A Montana
senator requested the investigation to assess drug trafficking and
terrorist threats along the mostly unmanned, 1,000-mile stretch of federal
land adjacent to Canada.
Until next week,
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