Judicial Watch Sues Justice about Invoking 25^th Amendment against Biden

Records and communications of the below listed Department of Justice employees, including emails, email chains, email attachments, text messages, calendar invites, calendar meetings, correspondence, briefings, letters, memoranda, reports, notes, opinions, regarding invoking the 25th Amendment against President Joseph Biden.

• Merrick Garland, Attorney General
• Lisa O. Monaco, Deputy Attorney General
• Benjamin C. Mizer, Associate Attorney General
• Acting Associate Attorney General
• Christopher Fonzone, Assistant Attorney General
• Robert Hur, Special Counsel

We have also considered that, at trial, Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory. Based on our direct interactions with and observations of him, he is someone for whom many jurors will want to identify reasonable doubt. It would be difficult to convince a jury that they should convict him – by then a former president well into his eighties – of a serious felony that requires a mental state of willfulness.

After concluding that President Biden knowingly and willfully removed, mishandled, and disclosed classified documents repeatedly over a period of decades, Mr. Hur nevertheless recommended that charges not be brought against him.

Special Counsel's reasoning was alarming. He recited numerous instances in which President Biden exhibited dramatically compromised mental faculties and concluded that a jury would be likely to perceive President Biden as a sympathetic and forgetful old man.

It is incumbent upon you to explore proceedings to remove the President pursuant to the 25th Amendment to the United States Constitution. President Biden needs to be charged, or he needs to be removed. There is no middle ground.

If President Biden is as mentally sound as he and the people around him maintain, why did he decide not to seek reelection? If he is an ‘elderly man with a poor memory,’ as Special Counsel Hur (for AG Garland) found, why has he not been removed under the 25^th Amendment? And why is the Justice Department unlawfully hiding documents about this serious national security issue?

All records, including emails, email chains, email attachments, text messages, video or audio recordings of any type, radio transmissions, photographs, correspondence, statements, letters, memoranda, logs, blotters, reports, briefings, presentations, notes, summaries, or other form of record regarding President Joseph (Joe) Biden having any form of medical emergency, event, situation, or to expedite his movement while in Las Vegas to deliver a speech at UnidosUS.

[@ 19:47] Officer: Downtown is asking if we know if Secret Service has drones flying over the stratosphere right now?”

Officer: I don’t think so.

Officer: Where is the drone at?

Officer: It’s stratosphere flying 2500 feet.

[@ 22:40] Officer: Alright, so right now we be on a hold with something with the president, so if you can go ahead, you can go ahead and let some of that north and south flow, but not east and west, just north and south please….

Officer: For everybody on the radio, right now POTUS [Biden] is 421[sick or injured]. He’s being seen, so we are kind of waiting to see how this is shaping out, so for everybody’s knowledge he’s 421 right now. We’re just trying to figure out what’s going on and we’re going to go from there.

[@ 25:40] Officer: Can you have all the units that are assigned to the motorcade come down to Desert Inn and Eastern, DI and Eastern? And, I need them here ASAP….

Officer: When you say ASAP, do you want us Code 3 [lights and sirens] there?

Officer: Yes, please.

Officer: I want everybody with the exception of units at DI and Eastern….

[@ 29:10] Officer: All units on this channel, 302. What we are going to do is, the tail car is going to be in a black explorer. They are going to get out in front. We are going to go south on Eastern and they are going to deploy you. So the first car behind the EP Explorer, just listen to what they are telling you and deploy you. And then each car after that will be deployed….

Officer: Alright, everybody keep in mind, for this one we are trying to go for a full closure. We need a full closure. So it needs to be north and south bound on Eastern as well as East and West on Russell….

Officer: We are going to shut down everything….

Officer: 302, Secret Service is requesting a Code 3 [lights and sirens] response.

Police units are heard announcing the Biden motorcade’s arrival at Air Force One. A informs the officers of their “great work” on an “ad hoc” mission:

[@ 40:24] Officer: All my units at the airport, be advised that the motorcade is at Air Force One, so just hold your road closures until I tell you otherwise.

Officer: Control, 302, just want to let everybody know great work out there. We put that together ad hoc. Appreciate all the resources coming over. You did a fantastic job. Looked like we had planned it for weeks. So, great job everybody. If I could ask everybody to please standby until we get the plane off the ground.

[@ :10] Officer: Assign yourself to a 461 [non-criminal detail] at UMC [University Medical Center], break. Everyone who is able straight to Valley Hospital ER.

Officer: You kind of cut up 678, did you say 462 [directed patrol activity] at UMC and what was the other part?

Officer: Go ahead straight to the UMC, meet at the Valley Hospital ER parking lot.

Officer: 678 acknowledged….

Officer: So for officers coming to Valley we are going to meet, behind the ER entrance where the ambulance is going, there is a little cul-de-sac back there. You will see me.

Officer: Max Tac Alert. Area command, break. He’s in the box squad. It’s going to Max TAC alert for the preliminary command in the box squad.

Officer: 678 I copy that. Again, any available units come down here to Valley Hospital right now.

Officer: 678 copy. There is about four units coming to you right now.

Officer: I need more.

Officer: 678 -759. Most of my guys are plain clothes, can you use us or no.

Officer: As long as they are decked out in readily identifiable police gear.

Officer: Alright, copy that. We will be enroute to you bro.

Officer: 759 – unintelligible

Officer: Go ahead.

Officer: I caught the tail end of that, where we meeting you at?

Officer: Just rally up outside the station, we will tac up, then we will push out.

[@ :05] Officer: Can I have my Lincoln squad switch over to event eight please, event eight?

Officer: Okay 697 squad, Lincoln squad switch over to event eight.

Officer: And if they’re not already, have them Code 3 [lights and sirens] over to the rally point please….

Officer: Yeah, I know you’ve got some southeast units coming over plus you are in the box squad. I need to get all the major intersections with lights shut down from Desert Inn all the way to Russell. So, if units could just start calling out what intersection they are going to I think that is going to be useful. Start with the big ones….

Officer: The first three priorities are going to be Flamingo, Tropicana, and then Russell because those are the three biggest….

Officer: Units on the event channel are going to be moving with the package, but, yeah, why don’t you guys just focus on those three major intersections for now.

[@ 3:21] Officer: We’re going to go ahead and lock down the intersections, I am going back to event eight to get further instructions….

Officer: 697, yeah, for those units that are coming, just start going up and down Eastern, look for an intersection that needs to be shut down, and then just shut it down.

Following his first event in Las Vegas, President Biden tested positive for COVID-19. He is vaccinated and boosted and he is experiencing mild symptoms. He will be returning to Delaware where he will self-isolate and will continue to carry out all of his duties fully during that time.

• Communications between the FDA and the House Committee on Commerce Subcommittee on Oversight and Investigations (“Subcommittee”) concerning letters from the Subcommittee dated June 27, 1996; July 1, 1996; and September 17, 1996.
• All records requested in the September 17, 1996, letter from Subcommittee Chairman Joe Barton to FDA Commissioner David A. Kessler.
• All records of communications: between any FDA personnel and the Office of White House Counsel between November 1, 1992, and January 31, 2001, regarding the approval of “mifepristone” (which includes, but is not limited to, such terms as Mifeprex, Mifegyne, Korlym, abortion pill, RU-486, RU-38486, ZK-98296, and/or the mifepristone … including communications with Associate White House Counsel Elena Kagan.
• All records of communications between any FDA personnel and any person or entity between November 1, 1992, and January 31, 2001, regarding FDA Commissioner David Kessler’s overseas trip or trips to meet with individuals from Roussel Uclaf on an unknown date, but on information or belief took place in April or May 1994…. including communications mentioning the Population Council (“PC”).
• Any other records which, though not specifically requested, would have a reasonable relationship to the subject matter of this request, including any record or document.

Minneapolis Public Schools and its Amici spill a lot of ink complaining that a “complete stranger” has sued to prevent MPS from carrying out an unconstitutional provision of a contract between it and its teachers. [The Taxpayer], however, is not a stranger. She is a Minneapolis taxpayer, and this Court, since at least 1877, has recognized taxpayers as proper parties to bring such actions in Minnesota courts. This Court should not accept MPS’s and its Amici’s invitation to undermine this important check on government power.

[The Taxpayer] could not have brought a more straightforward case. She alleges that she lives in Minneapolis and pays property tax on the home she has owned since 2017…She also alleges that Minneapolis Public Schools is funded in part by her tax dollars…In addition, she alleges that MPS spends those tax dollars to carry out the various provisions of its contract with the teachers’ union….Finally, she alleges that one of those provisions violates the Minnesota Constitution….Therefore, she alleges that her tax dollars are being used in an unlawful manner.

Among other things, the contract provides preferences, protections, and privileges for MPS teachers of certain races and ethnicities under a section entitled “ARTICLE 15. PROTECTIONS FOR EDUCATORS OF COLOR.” There is no similar provision covering educators who are not “of color.”

Under the contract, teachers of color are exempt from Defendant MPS’s seniority-based layoffs and reassignments, which means, when layoffs or reassignments occur, the next senior teacher who is not “of color” would be laid off or reassigned. In addition, the contract mandates that Defendants reinstate teachers of color over more senior teachers who are not “of color.”

In the latest of countless scandals involving the Biden administration’s failure to secure the border, over half a million illegal aliens with criminal histories are roaming freely in the United States, 435,719 with convictions and another 226,847 with pending charges. The Department of Homeland Security (DHS), created after 9/11 to protect the country from another terrorist attack, has released the foreign criminals in cities around the U.S., according to the Deputy Director of Immigration and Customs Enforcement (ICE), the DHS agency charged with “enforcing immigration laws to preserve national security and public safety.” In figures reluctantly provided to Congress ICE’s second in command, Patrick Lechleitner, reveals that as of July 21, 2024 662,566 noncitizens with criminal histories are on the agency’s “non-detained docket” and therefore roaming freely throughout the country. The data is “beyond disturbing,” said the Texas congressman, Republican Tony Gonzales, who forced DHS to provide the records.

Nearly 15,000 of the freed illegal aliens have been convicted of or charged with murder, more than 20,000 with sexual assault, 60,268 with burglary, larceny, or robbery, 105,146 with assault, 16,820 with weapon offenses, 3,971 with commercialized sex crimes and 3,372 with kidnapping. Over 126,000 have committed traffic offenses, more than 70,000 are in the system for drug crimes, 21,106 for fraudulent activities and 12,000 for obstruction of justice. “Under President Biden and his ‘border czar,’ Vice President Harris, DHS law enforcement has been directed to mass-release illegal aliens whom they know have criminal convictions or are facing charges for serious crimes—and these dangerous, destructive individuals are making their way into every city and state in this country,” said Tennessee Congressman Mark E. Green, chairman of the House Committee on Homeland Security that recently exposed the alarming DHS stats. “How many more Americans need to die or be victimized before this administration is forced to abide by the laws they swore to uphold? This is madness. It is something no civilized, well-functioning society should tolerate.”

Lechleitner explains to federal lawmakers that his agency uses a few guidelines to determine detentions and notes that “most noncitizens who are convicted of homicide are typically not eligible for release from ICE custody” under a section of the Immigration and Nationality Act. When that measure does not apply, ICE officers may use their discretion in making custody determinations and release noncitizens with conditions, the Deputy Director says, adding that custody determinations are made on a case-by-case basis and take into account individual circumstances, risk of flight, national security threat and threat to public safety. “ICE takes other factors into consideration as well, including when a noncitizen has a serious medical condition, is the primary caregiver of minor children, or other humanitarian considerations,” Lechleitner writes in the letter with the latest criminal alien statistics. He also blasts local sanctuary districts that refuse to honor ICE detainer requests, even for illegal aliens convicted of serious felonies who pose an ongoing threat to public safety.

While detrimental to immigration enforcement, local sanctuary measures alone cannot be blamed for the release of hundreds of thousands of criminal aliens into unsuspecting American communities. It is simply part of the Biden administration’s expansive open border policies, which have welcomed a record-breaking number—over 7 million and counting—of illegal immigrants into the country. Just a few weeks ago, the House Homeland Security Committee released an eye-popping report documenting the Biden-Harris administration’s unprecedented border crisis, which has allowed droves of violent gang members, Islamic terrorists, tens of thousands of Chinese nationals and a myriad of criminals into the country. Customs and Border Protection (CBP) is on pace to record more than 11.6 million illegal immigrant encounters by the end of the Biden administration, an astounding 274% increase from the 3.1 million encounters recorded between fiscal years 2017 to 2020, according to figures in the congressional report. That does not even include around 2 million known “gotaways” that have entered the nation under this administration.