From Tom Fitton <[email protected]>
Subject Ashli Babbitt Lawsuit Update!
Date August 9, 2024 10:33 PM
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The Fauci FOIA Cover-up



[INSIDE JW]

Judge Orders Justice Department to Answer Babbitt Wrongful Death
Lawsuit

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Our case on behalf of Air Force veteran Ashli Babbitt, who was
murdered in the U.S. Capitol on January 6, 2021, is going forward.

Her family is thrilled that the lawsuit for her outrageous killing is
moving full speed ahead.

Following a hearing on August 6, Judge Ana C. Reyes of the U.S.
District Court for the District of Columbia ordered
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the Biden Justice Department to answer the $30 million wrongful death
suit filed on behalf of Babbitt’s estate. She was killed by
then-Capitol Police Lt. Michael Byrd.

The court gave the government 30 days, until September 6, to answer
the complaint. The order also states that we can file a reply brief by
August 23 in its petition to have the case returned to Babbitt’s
home of San Diego where it was originally filed:

> Minute Entry for proceedings held before Judge Ana C. Reyes:
> Pre-motion Conference held on 8/6/2024 via Zoom. For the reasons
> stated on the record, Plaintiff may file a reply brief by 8/23/24.
> Defendant to file a partial answer as to counts 1,2,6 and 7 by
> 9/6/2024. Rule 26 to be filed by 9/13/2024. Status Conference set
> for 9/20/2024 at 03:00 PM in Telephonic/VTC before Judge Ana C.
> Reyes.
Babbitt, 35, an Air Force veteran, 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.

We filed the lawsuit
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on
January 5, 2024, in the U.S. District Court for the Southern District
of California against the U.S. Government on behalf of Ashli
Babbitt’s family. (_Estate of Ashli Babbitt and Aaron Babbitt, et
al. v. United States of America_
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(No. 3:24-cv-00033)).

The Justice Department must respond to the lawsuit’s claims for
wrongful death, assault and battery, negligence, and a claim for
“survival action
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under federal law. (As a result of the court’s order, the lawsuit
will proceed on these key counts, as the court considers the Biden
administration’s request to dismiss certain other claims.)
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 lawsuit points out that, based on prior incidents involving Lt.
Byrd, the Capitol Police, Capitol Police Board, and ultimately
Congress, as Lt. Byrd’s employer, “knew or should have known that
Lt. Byrd was prone to behave in a dangerous or otherwise incompetent
manner.”

The next hearing is set for September 20.

In April 2024, records
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from the U.S. Department of Justice (DOJ) in a separate Freedom of
Information Act (FOIA) lawsuit showed that the FBI opened a criminal
investigation of Air Force veteran Ashli Babbitt after her killing and
listed four “potential violations of federal law,” including
felony rioting and civil disorder.

In September 2023, 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 details 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.

JUDICIAL WATCH SUES FOR FAUCI RECORDS TIED TO FOIA/COVID COVER-UP

The Fauci operation seems to have had contempt for the public’s
right to know about what exactly it was up to during Covid.

We filed a FOIA lawsuit
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against the U.S. Department of Health and Human Services (HHS) for
records of retired NIAID Director Dr. Anthony Fauci, various top
officials, grantees, and contractors regarding efforts to subvert FOIA
and other information requests about Covid issues (_Judicial Watch,
Inc. v. U.S. Department of Health and Human Services_
[[link removed]
_(No. 1:24-cv-02185)).

We sued after the National Institute of Allergy and Infectious
Diseases (NIAID – part of the NIH and a component of HHS) failed to
respond to a May 23, 2024, FOIA request for records on:

* Dr. David Morens, former top Scientific Advisor to retired NIAID
Director Dr. Anthony Fauci, and current Senior Advisor at NIH,
soliciting help, advice, or assistance in any manner from any employee
of the NIAID or NIH’s Freedom of Information Act (FOIA) office
including a) Margeret Moore b) Robin Schofield c) Marianne Manheim to
circumvent, avoid (i.e. through use of private email, phone calls,
deleting emails, etc.), or otherwise not respond in accordance with
FOIA laws and regulations to FOIA requests.

* Dr. Anthony Fauci, retired NIAID Director, NIH, soliciting help,
advice, or assistance in any manner from any employee of the NIAID or
NIH’s Freedom of Information Act (FOIA) office including a) Margeret
Moore b) Robin Schofield c) Marianne Manheim to circumvent, avoid
(i.e. through use of private email, phone calls, deleting emails,
etc.), or otherwise not respond in accordance with FOIA laws and
regulations to FOIA requests.

* Communications between NIH and/or NIAD FOIA employees, including
a) Marianne Manheim; b) Robin Schofield; c) Karen Lampe; concerning
withholding information requested through FOIA regarding EcoHealth
Alliance (EHA) and/or the Wuhan Institute of Virology (WIV).

* Communications of Dr. David Morens, including use of private
email, or advising anyone (internal or external to NIH) to communicate
using private email channels (i.e. gmail) to conduct official
government business when discussing the “Daszak Grant”,
“COVID”, “EcoHealth Alliance”, “EHA”, “secret”,
“kickbacks”, “Trump”, “Tony”, “WIV”, or the “Wuhan
Institute of Virology”. This paragraph includes communications with
a) Dr. Anthony Fauci, email [email protected] or @gmail.com b) Dr.
Peter Daszak, EcoHealth Alliance email domain @ecohealthalliance.org
c) Dr. Gerald Keusch, Boston University email domain @bu.edu d) Rich
Roberts, New England Biolabs email domain @neb.come) Jay Peter Hotez,
Baylor College of Medicine email domain @bcm.edu e) Tom Monath, Croze
Biopharma, email domain @crozebiopharma.com f) James LeDuc, University
of Texas Medical Branch, email domain @utmb.edu g) Laura Kramer, NY
Health Department, email domain @health.ny.gov h) Nancye Green,
Donovan Green Health, email [email protected].

* Communications of Dr. David Morens with any employee at EcoHealth
Alliance (email domain: @ecohealthalliance.org) regarding how to
respond to NIH compliance efforts, requests, or investigations,
concerning the NIH grant with EcoHealth Alliance.

* Communications of Dr. Anthony Fauci, including using a private
email, or advising anyone (internal or external to NIH) to communicate
using private email channels (i.e. gmail) to conduct official
government business when discussing the “Daszak Grant”,
“COVID”, “EcoHealth Alliance”, “EHA”, “secret”,
“kickbacks”, “Trump”, “Tony” “WIV”, or the “Wuhan
Institute of Virology”. This paragraph includes communications with
a) Dr. Anthony Fauci, email [email protected] or @gmail.com b) Dr.
Peter Daszak, EcoHealth Alliance email domain @ecohealthalliance.org
c) Dr. Gerald Keusch, Boston University email domain @bu.edu d) Rich
Roberts, New England Biolabs email domain @neb.com e) Jay Peter Hotez,
Baylor College of Medicine email domain @bcm.edu e) Tom Monath, Croze
Biopharma, email domain @crozebiopharma.com f) James LeDuc, University
of Texas Medical Branch, email domain @utmb.edu g) Laura Kramer, NY
Health Department, email domain @health.ny.gov h) Nancye Green,
Donovan Green Health, email [email protected].

On May 22, 2024, Morens testified
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before the House Select Subcommittee on the Coronavirus Pandemic at a
hearing titled “A Hearing with the National Institute of Allergy and
Infectious Diseases Senior Scientific Advisor, Dr. David Morens,” in
which it was reported:

> Evidence obtained by the Select Subcommittee shows Dr. Morens
> unlawfully deleted federal COVID-19 records, shared nonpublic
> information about National Institutes of Health (NIH) grant
> processes with his “best-friend” EcoHealth Alliance President
> Dr. Peter Daszak, and likely lied to Congress multiple times.
In prepared remarks by House Select Subcommittee on the Coronavirus
Pandemic Chairman Bran Wenstrup, he notes:

> We have evidence that Dr. Morens purposefully evaded public
> transparency required by the Freedom of Information Act by
> intentionally using a personal email account for official business.
>
> We have evidence that Dr. Morens unlawfully deleted government
> records and may have engaged with the NIH FOIA office to assist this
> illegal action.
>
> We have evidence that Dr. Morens routinely acted as an intermediary
> between Dr. Daszak and Dr. Fauci.
>
> And we have evidence that Dr. Morens took affirmative steps to
> assist Dr. Daszak so that EcoHealth could have its grant reinstated
> after it was suspended under the Trump Administration.
Margeret Moore, who is cited in the our records requests, seems to be
the so-called “FOIA Lady
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who allegedly advised Morens on how to circumvent FOIA and avoid
responding to FOIA requests. She was then (now retired) NIAID’s FOIA
public liaison whose official responsibilities included: “assisting
in reducing delays; increasing transparency and understanding of the
status of requests; and resolving disputes between you and the
agency.” In two emails
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from February
24 and 25, 2021, which were subpoenaed by the Pandemic Subcommittee,
Morens writes:

> 2/24/21 to a redacted recipient at a gmail address: … I learned
> from our foia lady here how to make emails disappear after I am
> foia’d but before the search starts, so I think we are all safe.
> Plus I deleted most of those earlier emails after sending them to
> gmail. D.
>
> 2/25/21 to Gerald Keusch at a Boston University email address and
> cc’d to Peter Daszak and another redacted recipient at EcoHealth
> Alliance: … I learned the tricks last year from an old friend,
> Marg Moore, who leads our FOIA office and also hates FOIAs.
Also on May 22, the Select Subcommittee issued a memo
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titled “Allegations of Wrongdoing and Illegal Activity by Dr. David
Morens, Senior Advisor to National Institute of Allergy and Infectious
Diseases former Director, Dr. Anthony Fauci,” in which it is noted
that Morens initially responded to a request for records with 2,000
responsive pages and after being subpoenaed supplied approximately
30,000 more pages of records:

> Evidence in possession of the Select Subcommittee suggests that Dr.
> Morens knowingly transmitted official records to Dr. Fauci via his
> personal e-mail. If true, this raises serious questions of whether
> Dr. Fauci took part in a conspiracy amongst the highest levels of
> NIAID to hide official records regarding the origins of COVID-19.
The following day, the committee issued a “hearing wrap up
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regarding Morens’ testimony:

> Evidence obtained by the Select Subcommittee prior to the hearing
> showed that Dr. Morens … deliberately obstructed the Select
> Subcommittee’s investigation into the origins of COVID-19 to
> protect Dr. Fauci, unlawfully deleted federal COVID-19 records, and
> shared nonpublic information about National Institutes of Health
> (NIH) grant processes with his “best-friend” EcoHealth Alliance
> President Dr. Peter Daszak. Dr. Morens’s testimony confirmed these
> discoveries and proved that he clearly believes the laws of the
> federal government do not apply to him. Members used Dr. Morens’s
> own emails as evidence of his misconduct and pressed Dr. Morens to
> explain why he displayed such contempt for the American people while
> serving as a senior official at the National Institutes of Health
> (NIH) during the COVID-19 pandemic.
Our FOIA lawsuits and investigations have uncovered much of what the
public knows about many Covid-19 controversies:

* In June 2024, we sued
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the U.S.
Department of Health and Human Services (HHS) for records from the
Assistant Secretary for the Administration for Strategic Preparedness
and Response (ASPR
[[link removed]])
regarding
after action reports, review of procedures, or studies concerning the
preparation for and response to the Covid-19 pandemic.

* In April 2024, we uncovered FBI records
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that
showed an April 2020 email exchange with several officials in the
bureau’s Newark Field Office referring to Dr. Anthony Fauci’s
National Institute of Allergies and Infectious Diseases (NIAID) grant
to the Wuhan Institute of Virology (WIV) in China as including
“gain-of-function research” which “would leave no signature of
purposeful human manipulation.”

* Emails between U.S. Surgeon General Vivek Murthy and top Facebook
executives in 2021 regarding the censorship of user posts about Covid
controversies
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showed
Facebook leadership seeking to “better understand the scope of what
the White House expects from us on misinformation going forward.”
* Records from the U.S. Food and Drug Administration (FDA) showed
that a Pfizer study surveyed 23 people in 2021 to gauge reactions to
its Covid vaccine booster before asking the FDA
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to approve it.
* Records
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from
the U.S. Department of Health and Human Services (HHS) included the
initial grant application and annual reports to the National
Institutes of Health (NIH) from EcoHealth Alliance
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describing the aim of its work
with the Wuhan Institute of Virology to create mutant viruses “to
better predict the capacity of our CoVs [coronaviruses] to infect
people.”
* HHS records included emails
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of
then-Director of the National Institutes of Health (NIH) Francis
Collins showing a British physicians’ group recommended the use of
Ivermectin to prevent and treat Covid-19.

* Heavily redacted HHS records showed
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that just two
days prior to FDA approval of the Pfizer-BioNTech Covid-19 vaccine a
discussion was held between U.S. and UK health regulators regarding
the Covid shot and “anaphylaxis,” with the regulators emphasizing
their “mutual confidentiality agreement.”

* We obtained HHS records
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regarding data Moderna submitted to the FDA on its mRNA Covid-19
vaccine, which indicated a “statistically significant” number of
rats were born with skeletal deformities after their mothers were
injected with the vaccine. The documents also revealed Moderna elected
not to conduct a number of standard pharmacological studies on the
laboratory test animals.

* Heavily redacted records
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from
the FDA regarding the Covid-19 booster vaccine detailed pressure on
Covid booster use and approval.

* HHS records
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detailed
internal discussions about myocarditis and the Covid vaccine. Other
documents detailed adverse “events for which a contributory effect
of the vaccine could not be excluded.”

* We uncovered
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HHS records
detailing the extensive media plans for a Biden administration
propaganda campaign to push the Covid-19 vaccine.

* HHS records revealed previously redacted
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locations of Covid-19 vaccine testing facilities in Shanghai, China.
The FDA had claimed the name and location of the testing facilities
were protected by the confidential commercial information exemption of
the FOIA.

* NIH records showed an FBI “inquiry” into the NIH’s
controversial bat coronavirus grant tied to the Wuhan Institute of
Virology. The records also showed National Institute of Allergy and
Infectious Diseases (NIAID) officials were concerned about
“gain-of-function” research in China’s Wuhan Institute of
Virology in 2016. The Fauci agency was also concerned about EcoHealth
Alliance’s
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lack of compliance
with reporting rules and use of gain-of-function research in the
NIH-funded research involving bat coronaviruses in Wuhan, China.

* Texas Public Information Act (PIA) records showed the former
director of the Galveston National Laboratory at the University of
Texas Medical Branch (UTMB), Dr. James W. Le Duc
[[link removed]],
warned
Chinese researchers at the Wuhan Institute of Virology of potential
investigations into the Covid issue by Congress.

* HHS records regarding biodistribution studies and related data for
the Covid-19 vaccines showed how a key component of the vaccines
developed by Pfizer/BioNTech, lipid nanoparticles (LNPs), were found
outside the injection site
[[link removed]],
mainly the liver, adrenal glands, spleen and ovaries of test animals,
eight to 48 hours after injection.

* Records
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obtained from HHS through a FOIA lawsuit related to hydroxychloroquine
and Covid-19 revealed that a grant to EcoHealth Alliance was canceled
because of press reports that a portion of the grant was given to the
Wuhan Institute of Virology.

* HHS records revealed that from 2014 to 2019, $826,277
[[link removed]]
was given to the
Wuhan Institute of Virology for bat coronavirus research by the NIAID.

* NIAID records showed that it gave nine China-related grants to
EcoHealth Alliance
[[link removed]]
to research
coronavirus emergence in bats and was the NIH’s top issuer of grants
to the Wuhan lab itself. The records also included an email from the
vice director of the Wuhan Lab asking an NIH official for help finding
disinfectants for decontamination of airtight suits and indoor
surfaces.

* HHS records included an “urgent for Dr. Fauci
[[link removed]
email chain,
citing ties between the Wuhan lab and the taxpayer-funded EcoHealth
Alliance
[[link removed]].
The government emails
also reported that the foundation of U.S. billionaire Bill Gates
worked closely with the Chinese government to pave the way for
Chinese-produced medications to be sold outside China and help
“raise China’s voice of governance by placing representatives from
China on important international counsels as high level commitment
from China.”

* Our four-part documentary
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regarding the
coordinated effort by the government and Big Tech to censor and
suppress information on topics such as Hunter Biden’s laptop,
Covid-19, and election debates is available here
[[link removed]].

JORDANIAN ILLEGAL ALIEN WHO TRIED TO BREACH MILITARY BASE RELEASED

Any ordinary citizen would rightly be suspicious of two illegal aliens
trying to enter a critical U.S. military base in a truck early in the
morning, especially since one was on a terror watch list, not in the
Biden era, as our _Corruption Chronicles_ blog reveals
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> Though the Biden administration has publicly denied it, one of the
> Jordanian illegal immigrants released from federal custody after
> being charged for trying to breach a U.S. military base appears on a
> terror watch list, according to records obtained by Judicial Watch.
> The men, 32-year-old Hasan Yousef Hamdan and 28-year-old Mohammad
> Khair Dabous, posted bail in early June and were released by the
> Washington D.C. Enforcement and Removal Operations (ERO) division of
> Immigration and Customs Enforcement (ICE), the records
>
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> show. A Department of Justice (DOJ) immigration judge in Annandale,
> Virginia set Dabous’ bail at $10,000 and Hamdan’s at $15,000 and
> they were freed after posting bond and agreeing to stay away from
> military facilities and to appear in court for immigration hearings.
>
> Judicial Watch has been investigating the matter since the
> Jordanians tried to infiltrate Marine Corps Base Quantico on May 3,
> quickly firing off a Freedom of Information Act request to obtain
> records that could shed light on what occurred that day and uncover
> any threat that the individuals may represent. The Virginia base is
> about 35 miles south of Washington D.C. and houses the Federal
> Bureau of Investigation (FBI) Academy and Laboratory as well as a
> Defense Intelligence Agency (DIA) facility and Marine Corps commands
> that include the unit that flies the president’s Marine One
> helicopter. Initial reports revealed that in the early morning hours
> of May 3, Hamdan and Dabous drove a truck to the military
> installation’s main gate and told guards they were making a
> delivery to Quantico Town’s post office. They ignored guards’
> orders to stop when they could not provide credentials required to
> gain access to the facility. The illegal immigrants were arrested
> and charged with misdemeanor trespassing on military property.
>
> A Serious Incident Report
>
[[link removed]]
(SIR) filed by Marine
> Base Quantico to Marine Headquarters confirms that a white box truck
> driven by Dabous tried to access the installation via a gate on
> Fuller Road. Guards asked for a license to conduct a visitor check
> and directed Dabous to move the truck into the inspection area.
> While the guard transmitted the drivers’ license information for
> vetting, the truck moved forward from the holding area and final
> denial barriers were deployed, according to the SIR report obtained
> by Judicial Watch. The passenger, Hamdan, could only provide a
> Jordanian passport for identification and both men were taken into
> custody. “Hamdan illegally entered the United States 20 days ago
> from Mexico into California where Hamdan was arrested and sent to an
> immigration camp with a deportation court date in 2026,” the SIR
> report states. An ICE officer, whose name is redacted in the
> document, “telephonically confirmed” to the Marine Criminal
> Investigations Division (CID) that “Hamdan was on a terror watch
> list,” the report says, further revealing that ICE personnel
> assumed custody of Hamadan and Dabous for further processing.
>
> Despite the Marine SIR documenting that Hamdan appears on a terror
> watch list, the government—specifically ICE—has consistently
> denied it. A spokesperson for ICE ERO in Washington D.C. told
> Judicial Watch that neither man posed a threat to national security
> or the public. The spokesperson, James Covington, assured that the
> agency is “focused on smart, effective immigration enforcement
> that protects the homeland through the arrest and removal of those
> who undermine the safety of our communities and the integrity of our
> immigration laws.” Covington also emphasized that “regardless of
> nationality, ICE makes custody determinations on a case-by-case
> basis, in accordance with U.S. law and U.S. Department of Homeland
> Security (DHS) policy, considering the circumstances of each case”
> and that ICE officers “apply prosecutorial discretion in a
> responsible manner, informed by their experience as law enforcement
> professionals and in a way that best protects the communities we
> serve.”
>
> While Hamdan is one of hundreds on the terror watchlist to sneak
> into the country through the famously porous southern border, Dabous
> was admitted in the U.S. on September 11, 2022, as an F-1
> nonimmigrant student with authorization to remain for the duration
> of his student status, records obtained by Judicial Watch show. On
> January 14, 2023, Dabous’ Student and Exchange Visitor Information
> System (SEVIS) record was set to “terminated,” indicating that
> his permission to be in the country expired, though he never left.
> Judicial Watch will continue investigating this case and fighting
> for records that can further uncover the outrageous security lapses
> associated with the Biden administration’s dangerous open border
> measures.

Until next week,





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