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Judicial Watch Fights Biden Justice Department
Request to Transfer Ashli Babbitt $30 Million Wrongful Death Lawsuit from
California to Washington, DC
Judicial Watch just asked a federal
court to deny the U.S. Government’s request to transfer the Ashli Babbitt
$30 million wrongful death lawsuit from California to Washington, DC. Among
other legal points, we argue that it would prejudice the case and be unjust
for Ashli’s family if it were transferred to the hostile forum of the
District of Columbia.
We filed the lawsuit on January
5, 2024, in the U.S. District Court for the Southern District of California
on behalf of the family of Ashli Babbitt, the U.S. Air Force veteran who
was shot and killed inside the U.S. Capitol by then-Capitol Police Lt.
Michael Byrd on January 6, 2021 (Estate of Ashli Babbitt
and Aaron Babbitt, et al. v. United States of America (No.
3:24-cv-00033)).
Babbitt was a 35-year-old resident of San Diego, CA, where she owned and
operated a successful pool business with her husband Aaron. Ashli traveled
alone from San Diego to Washington, DC, to attend the Women for America
First (aka Save America) rally on January 6, 2021, at the Ellipse.
As our complaint recounts:
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
United States 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.
***
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.
On March 26, 2024, we filed our opposition to the
Biden Justice Department’s request to transfer venue of the case to the
U.S. District Court for the District of Columbia. Arguing against the
change of venue, we point out that under federal law a “civil action
against the United States may be brought in any judicial district in which
the plaintiff resides,” and “a civil action on a tort claim against the
United States may be prosecuted in the judicial district where the
plaintiff resides.”
We argue:
Defendant’s position [to transfer venue] illustrates and underscores
the prejudice and injustice that Plaintiffs would face if venue were
transferred to the District of Columbia. Defendant mentions 80 Capitol
Police officers and 60 Metropolitan Police officers that were injured and
connects the deaths of three officers to the events on that day, thus
connecting Ashli Babbitt to these deaths and other injuries, as if she
caused them. The request for a change in venue is clearly influenced by
Defendant’s strongest motivation for changing venue, which is to select
the forum where it feels it would receive a favorable process and outcome
based on adversity against January 6 participants. By its motion, Defendant
hopes to unfairly and unjustly connect Ashli Babbitt to violence, injuries,
and deaths for which she is blameless and connect her by association to
thousands of individuals convicted of misdemeanors and felonies for which
she was never charged and is unable to present a defense due to the lawless
actions of one of Defendant’s employees in shooting and killing her.
***
It’s no secret that the District of Columbia is a hostile forum for
January 6 defendants. It’s also prejudicially biased against Ashli
Babbitt. For example, during a recent sentencing hearing in the District of
Columbia in United States v. Daniel Goodwyn … District Judge
Reggie B. Walton made the following statement to the defendant and his
counsel regarding the shooting of Ashli Babbitt:
THE COURT: You should not have been – you
cannot convince me that somehow what she was doing was somehow justified
and the police did not have a justification for taking the actions that
they took. You can’t convince me of that.
Judge Walton’s statement evidences he has already predetermined a
crucial issue in this case – whether Ashli Babbitt’s killing was
justified. Judge Walton made other biased comments on the record,
including, “Well, she shouldn’t have been coming through the window,”
and “this man who was protecting the Capitol ends up being called a thug
… that is just mind boggling.” … Unfortunately, Judge Walton is
speaking what many others are at least thinking behind the bench in the
District of Columbia. This Court is the only venue which offers Plaintiffs
a chance of receiving a fair trial.
Let’s be blunt, the Biden DOJ wants to move the Ashli Babbitt wrongful
death lawsuit to DC because it knows the courts here are notoriously
hostile to anyone tied to the January 6 protests.
As you know, we are extensively investigating the events of January 6.
In January 2024, we filed a FOIA lawsuit on behalf
of Aaron Babbitt and the Ashli Babbitt Estate against the U.S. Department
of Justice for all FBI files on Ashli Babbitt.
In October 2023, 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 in January 2021 that show warnings of possible
January 6 protests that could lead to serious disruptions at the U.S.
Capitol.
In September 2023, we received records from the
Executive Office for United States Attorneys, a component of the Department
of Justice, in a FOIA lawsuit that details 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 that 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 Babbitt’s death. 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.”
Check back here often for updates on all these lawsuits…
Judicial Watch Sues Biden State Department for Communications Regarding
Tucker Carlson
Judicial Watch last week filed a Freedom of Information Act (FOIA) lawsuit against
the State Department for all emails and diplomatic notes from Secretary of
State Antony Blinken, Deputy Secretary of State Victoria Nuland and other
top department officials that reference former Fox News host Tucker Carlson
(Judicial Watch v. U.S.
Department of State (No. 1:24-cv-00840)).
On February 8, 2024, the Tucker Carlson Network and X (Twitter) ran
Carlson’s interview in
Moscow with Russian President Vladimir Putin. It was the first interview
with Putin to be granted to a Western journalist since Russia invaded
Ukraine in February 2022.
We sued in the United States District Court for the District of Columbia
after the State Department failed to comply with a February 7, 2024, FOIA
request for:
All (2024) emails and diplomatic notes sent to and from the following
officials referencing “Tucker Carlson”: Secretary of State Antony
Blinken, Deputy Secretary Victoria Nuland, Assistant Secretary James
O'Brien, Principal Deputy Assistant Secretary Yuri Kim, Deputy Assistant
Secretary Sonata Coulter, Deputy Assistant Secretary Gabriel Escobar,
Deputy Assistant Secretary Joshua Huck, Deputy Assistant Secretary Douglas
Jones, Deputy Assistant Secretary Jacqueline Ramos, and/or Deputy Assistant
Secretary Christopher W. Smith.
The State Department told us that “unusual circumstances” had delayed
the processing of the request, but it has yet to provide any substantive
response.
Why is the Biden State Department violating FOIA law to hide records on
Tucker Carlson?
Appeals Court Hears Judicial Watch Argument for Teacher Fired for
Conservative Social Media Posts
Judicial Watch battles corruption and protects rights not just here in DC
but across America.
We were in court this week for oral argument in the
U.S. Court of Appeals for the First Circuit in the case we filed on behalf
of Kari MacRae, a Massachusetts high school teacher who was fired in
retaliation for posts on social media that predated her employment at
Hanover High School (MacRae v. Matthew Mattos
and Matthew A. Ferron (No. 21-cv-11917, 23-1817)). (You can
listen to the argument here.)
We filed the lawsuit in
November 2021, asserting a claim for First Amendment retaliation.
MacRae, who was hired as a Hanover High School teacher on August 31, 2021,
was fired over several TikTok posts that were made months prior to her
hiring at the school. MacRae, who in May of 2021 was elected to the Bourne
School Committee, made the posts in her personal capacity as a citizen and
candidate for public office.
On May 18, 2021, as part of her campaign for school committee member,
MacRae posted a TikTok
video which stated, in part:
So pretty much the reason I ran for school board and the reason I’m
taking on this responsibility is to ensure that students, at least in our
town, are not being taught critical race theory. That they’re not being
taught that the country was built on racism. So they’re not being taught
that they can choose whether or not they want to be a girl or a boy.
It’s one thing to include and it’s one thing to be inclusive. And
it’s one thing to educate everybody about everything. It’s completely
another thing to push your agenda. And, with me on the school board, that
won’t happen in our town.
We point out in our brief:
Hanover Public Schools fired MacRae because of political speech she
posted online months before she even became employed at Hanover High
School. In addition, the speech did not concern Hanover Public Schools as
she did not live in Hanover and was campaigning for a school committee
position in a district 45 minutes away. Nor did any student, parent, or
teacher at Hanover Public Schools raise issues about MacRae continuing to
teach at Hanover High School. Hanover Public Schools’ sole excuse for
firing MacRae was that the school administrators believed that if she
continued teaching at the high school, her unrelated, preemployment speech
would cause a disruption.
The District Court found in favor of the school district. It concluded that
Hanover Public Schools’ prediction of disruption was reasonable.
Our brief argues:
MacRae challenges the ruling on four grounds. First, the First Amendment
employment retaliation standard does not apply to unrelated, preemployment
speech. Second, a mere prediction of disruption is insufficient to outweigh
an employee’s interest in engaging in political speech. Third, the
reasonableness of that prediction is a question for a jury and is not
appropriate for summary judgment. Fourth, the District Court incorrectly
found that Hanover Public Schools’ prediction of disruption was
reasonable. The District Court’s ruling should be reversed, and the case
should be remanded.
In a similar case, in July 2022, we successfully settled a civil
right lawsuit on behalf of its 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.
American Smugglers Recruited by Cartels Wreak Havoc on Border
Region
Our Southwest is a war zone, and it’s only getting worse as Americans are
drawn into crime. Our Corruption Chronicles blog reports the
following exclusive story:
Illegal immigration and serious crimes such as human and drug smuggling
that typically accompany it are devastating a once tranquil border region
in southeastern Arizona where longtime residents and local officials say
federal authorities have negligently handed off some immigration duties to
overwhelmed local police. Judicial Watch visited the area, Cochise County,
nearly six years ago and reported a dire situation
back then that multiple sources confirm has dramatically worsened. At the
time human and drug traffickers regularly evaded a meager force of Border
Patrol agents in the mountainous region about 75 miles southeast of Tucson
in the picturesque Sonoran Desert surrounded by the scenic Huachuca
Mountains. The situation has deteriorated significantly under the Biden
administration, residents and law enforcement sources tell Judicial Watch,
especially with the addition of the new “American smuggler,” U.S.
citizens, predominantly young adults from Phoenix and Tucson, recruited by
Mexican cartels through social media.
“Smuggling networks have now incorporated
American citizens to smuggle persons from the border to cities throughout
the U.S.,” said a Cochise County law enforcement source, who added that
the new trend has created deadly consequences in the border communities
where the American recruits often travel at dangerously high speeds through
local roads and highways. “Most are inexperienced young drivers,”
according to a community leader who has lived in the area for decades. In
one recent incident an elderly woman was struck and killed by a speeding
vehicle on her way to dinner with family. “The youth behind the wheel was
from the greater Phoenix area and was participating in a smuggling effort
while evading law enforcement,” according to an area official, who also
said police and residents are hyper vigilant of the deadly pursuits, which
are becoming quite common and often exceed speeds of 100 miles per hour in
residential neighborhoods.
Migrant and drug smugglers even use a
beloved chapel, Our Lady of the Sierras, in the town of Hereford for their
illicit operations. Situated on a hill with a 75-foot Celtic cross that
remains lit at night, the chapel serves as a navigational tool for
smugglers and the grounds are regularly used to transfer drugs. In 2011
migrant smugglers burned down the chapel after starting a fire along the
border to escape the Border Patrol during a pursuit. Besides the chapel,
which was eventually rebuilt, the fire destroyed nearly 30,000 acres and
dozens of homes. Emboldened by the lack of law enforcement in the
chapel’s remote area, smugglers openly disclose to residents that they
are participating in illicit activities. On a recent evening when a local
official informed a smuggling guide in Spanish that the grounds were being
closed for the night, the man said he was waiting for a group to cross over
the mountain then the group would get picked up. “He spoke as if his
efforts were legitimate, as he continued to monitor his phone and he knew
exactly where law enforcement were and their response times to the
shrine,” a Hereford source with direct knowledge of the incident told
Judicial Watch. “No vehicle was present, indicating he was the guide and
would call for transportation once he linked up with the group.” A
resident called the Border Patrol but was told there were “no responding
agents” available at the time and suggested calling the Cochise County
Sheriff, which also had limited officers that arrived too late to catch the
illegal aliens.
Another related threat to this charming
community has been created by the increasing number of packages containing
deadly drugs littered throughout the area by mules, often in residential
neighborhoods. Federal officials say China supplies Mexican drug cartels
with precursor chemicals to produce methamphetamine, a highly addictive
stimulant that speeds up the body’s system, and fentanyl, a potent
synthetic opioid, and residents along the border are extremely apprehensive
about handling the backpacks and other items left behind by illegal
immigrants because they fear coming into contact with the deadly drugs. One
longtime Cochise County resident told Judicial Watch that he found a
leather pouch in his driveway recently and reported it to the local
sheriff, who sent an officer to secure the pouch. “The deputy informed me
that this area was extremely active at night and additional coverage by
local, county and state law enforcement were patrolling the state highways
to interdict,” said the resident who does not want to be identified to
protect himself and his family.\
Authorities are also incredibly concerned
that they cannot communicate with a growing number of migrants encountered
in their jurisdiction because the illegal crossers do not speak Spanish or,
of course, English. “The assumption, speaking Spanish when these
encounters occur is now obsolete,” a local official said. “The fear is
that encounters will occur, especially at night, with someone that
residents and law enforcement cannot communicate with.” Another area
source said that the mass migration into the U.S. has made residents along
the border hyper vigilant of terrorist attacks, especially after the
October Hamas attacks in Israel. “The threat of foreign terrorists with
the intent of causing harm to U.S. citizens is real,” according to a
veteran federal intelligence agent who is familiar with the situation in
Cochise County.
The Biden administration’s disastrous open
border policies are also contributing greatly to the spread of communicable
diseases, Arizona health officials confirm. A former Arizona Department of
Health veteran based in Tucson offered safehouses in the town of Altar,
Sonora Mexico as an example. The small compounds resemble military barracks
where transients are packed in to await shuttles north to the U.S.-Mexico
border. Makeshift bunks are lined up to sleep and minimal bathroom
facilities with dismal sanitation, enabling the rapid spread of diseases
between one infected individual and the next migrant that occupies the same
space the following day. “Tuberculosis is a prime example,” the retired
Arizona health officials said. “Several strains exist and when hosts, in
this case migrants, for diseases such as TB are immersed in crowded living
conditions, the spread of these strains is accelerated.”
These are just some of the serious issues
created by the illegal immigration crisis in this small, once peaceful
corner of the border region where residents and multi generations of
ranchers used to enjoy an idyllic life. A few miles north in the town of
Sierra Vista, residents are too scared to enjoy a simple
pastime—horseback riding on their own land. One rancher told Judicial
Watch years ago that he found more than a dozen bodies on his sprawling
cattle ranch which has been in his family for well over a century. The
property shares a 10 ½-mile border with Mexico, making it a popular route
for human and drug smugglers. “If the current administration remains in
office, the past three years of illicit activity is bound to become more
the norm, an institutionalized lack of law and order,” a longtime Cochise
County community activist and former military veteran said this week.
“Criminal organizations continue to enjoy support from our federal and
state leadership.”
Until next week,
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