We are grateful for judges unafraid to tell the Deep State and its
powerful agencies to reveal their secrets, especially when bureaucrats
are digging in their heels. In the latest example, U.S. District Court
Judge Christopher Cooper ordered the FBI to conduct a search within 60
days for records of communications with former British spy and dossier
author Christopher Steele post-dating Steele’s service as an FBI
confidential source.

[INSIDE JW]

FEDERAL JUDGE ORDERS FBI TO SEARCH FOR STEELE DOCUMENTS

We are grateful for judges unafraid to tell the Deep State and its
powerful agencies to reveal their secrets, especially when bureaucrats
are digging in their heels.

In the latest example, U.S. District Court Judge Christopher
Cooper ordered
[[link removed]]
the
FBI to conduct a search within 60 days for records of communications
with former British spy and dossier author Christopher Steele
post-dating Steele’s service as an FBI confidential source.

In ordering the supplemental search, Judge Cooper held:

[T]he potential for illuminating the FBI’s activities is not too
difficult to discern. Communications post-dating Steele’s time as an
informant might reveal a great deal about why the FBI developed him as
a CHS [confidential human source], his performance as a CHS, and why
the FBI opted to terminate its relationship with him. Those records
might either bolster or weaken Steele’s credibility as a source.
That information, in turn, could provide a basis on which to evaluate
the FBI’s performance of its law-enforcement duties, including its
judgment in selecting and relying on confidential sources, especially
in connection with such a politically sensitive subject. Of course,
the records Judicial Watch speculates about might not even exist—and
even if they do, they may not reveal anything significant about the
FBI’s operations. But that they might do so makes them a matter of
potential public interest.

The court ruling came in our Freedom of Information Act
(FOIA) lawsuit
[[link removed]]
against
the U.S. Department of Justice (DOJ) for records of communications and
payments between the FBI, Christopher Steele and his private firm,
Orbis Business Intelligence (_Judicial Watch v. U.S. Department of
Justice_
[[link removed]])
(No. 1:17-cv-00916)).

The court initially ruled in favor of a DOJ “Glomar” response to
our March 8, 2017, FOIA request stating that it could “neither
confirm nor deny the existence of records responsive to [Judicial
Watch’s] request.” On March 26, 2018, subsequent to the
declassification of records revealing Steele’s role as an FBI
informant and his firing by the FBI in November 2016, the court
reopened the case at our request. The FBI, however, continued refusing
to search for records post-dating Steele’s dismissal, contending
that any records discovered would be exempt from disclosure on privacy
grounds.

In his ruling, Judge Cooper held that, on balance, any privacy
interests Steele may have in keeping the documents secret are
outweighed by the public’s interest in disclosure:

Steele’s privacy interests are far different from those courts
usually consider under Exemption 7(C), where disclosure would make
public for the first time an individual’s affiliation with law
enforcement, whether as agent, cooperator, or target … The balance
therefore tilts in favor of disclosure. Accordingly, the Court will
order the FBI to conduct a search for records post-dating Steele’s
service as a confidential source.

The court was right to turn aside the FBI’s fake concerns for
Clinton spy Christopher Steele’s privacy and order the agency to
search for more records on its use of Steele and his dossier to target
President Trump. That the FBI is still protecting Christopher Steele,
and the existence of a Clinton spy ring at Fusion GPS should tell you
there is much more corruption to be exposed in the coup efforts
against President Trump.

Here is some background.

Documents previously produced
[[link removed]]
in
this lawsuit show that the FBI paid Steele at least 11 times during
the 2016 presidential campaign and then fired him for leaking.

We also uncovered smoking gun documents
[[link removed]]
showing
that former Associate Deputy Attorney General Bruce Ohr remained in
regular contact with Steele after Steele was terminated by the FBI in
November 2016 for revealing to the media his position as an FBI
confidential informant.

Through another FOIA lawsuit
[[link removed]],
we obtained emails of Bruce Ohr discussing information obtained
through his wife Nellie, which he passed on to the FBI. The
information contained anti-Trump dossier materials, including a
spreadsheet that tries to link President Trump to dozens of Russians.
These Justice Department documents also contain Russia-related emails
[[link removed]]
sent
from Nellie Ohr to high-ranking DOJ official Lisa Holtyn during the
period Ohr worked with anti-Trump firm Fusion GPS, which contracted
with Steele to create the Trump Dossier. Holtyn at the time was a top
aide to Bruce Ohr.

We later acquired FBI 302 interview forms
[[link removed]]
of
Bruce Ohr’s reporting information he received from Steele to his FBI
handlers.

We additionally uncovered
[[link removed]]
documents
from the U.S. Department of State revealing that State Department
“Special Coordinator for Libya” Jonathan Winer played a key role
in facilitating Steele’s access to other top government officials
and prominent international business executives.

To watch Judicial Watch Director of Research and Investigations Chris
Farrell’s interview on this, click here
[[link removed]].

Last week, I spoke on Lou Dobbs’
[[link removed]]
show regarding
documents we uncovered containing Russia-related emails sent from
Nellie Ohr to high-ranking DOJ official Lisa Holtyn. At the time,
Nellie Ohr worked with the anti-Trump dossier firm Fusion GPS. Holtyn,
at the time, was a top aide to Nellie’s husband, former Associate
Deputy Attorney General Bruce Ohr.

As you can see, we are at the forefront of exposing the Deep State
coup attempt, and we are nowhere near finished.

WE EXPOSE SENATOR WHITEHOUSE’S UNAUTHORIZED PRACTICE OF LAW

Congressional Democrats have gone off the rails. They have thrown
decorum and even the law out of the window in pursuit of their leftist
goals.

The latest miscreant is U.S. Senator Sheldon Whitehouse, a Rhode
Island Democrat and a member of the Rhode Island bar. He audaciously
filed an _amicus curiae_ brief with the U.S. Supreme Court on behalf
of four clients while maintaining inactive status as a lawyer.

We have filed a complaint
[[link removed]]
with
the Rhode Island Supreme Court over his behavior.

We argue to the court’s Unauthorized Practice of Law Committee:
“The brief Senator Whitehouse filed was unbecoming of the legal
profession as it is nothing more than an attack on the federal
judiciary and an open threat to the U.S. Supreme Court.” The
complaint contains a copy of the Whitehouse brief.

At issue in the Supreme Court case in which Senator Whitehouse
submitted the brief (_NY State Rifle & Pistol Assoc. v. City of New
York_ (18-280)) is whether New York City’s ban on transporting a
licensed, locked and unloaded handgun to a home or shooting range
outside city limits is consistent with the Second Amendment, the
commerce clause and the constitutional right to travel.

Here is our complaint:

August 19, 2019

Via Certified Mail and Electronic Mail ([email protected])

Thomas W. Madonna, Chair

Unauthorized Practice of Law Committee

c/o Rhode Island Supreme Court Clerk’s Office

250 Benefit Street

Providence, RI 02903

RE: U.S. SENATOR SHELDON WHITEHOUSE UNAUTHORIZED PRACTICE OF LAW
COMPLAINT

Dear Chair Madonna:

Judicial Watch files this unauthorized practice of law complaint
against Rhode Island bar member U.S. Senator Sheldon Whitehouse for
filing a brief with the U.S. Supreme Court on behalf of four clients
while maintaining inactive status. In addition, the brief Senator
Whitehouse filed was unbecoming of the legal profession as it is
nothing more than an attack on the federal judiciary and an open
threat to the U.S. Supreme Court.

According to the Rhode Island Judiciary website, Senator Whitehouse
maintains inactive status. As an inactive member of the Rhode Island
bar, Senator Whitehouse cannot practice law in Rhode Island. However,
on August 12, 2019, Senator Whitehouse did just that. He filed
an _amicus curiae_ brief with the U.S. Supreme Court on behalf of
Senators Mazie Hirono, Richard Blumenthal, Richard Durbin, and Kirsten
Gillibrand. The filing of a brief — let alone all that is required
to file a brief — on behalf of clients is indisputably the practice
of law.

To be clear, Senator Whitehouse may not have spoken to his clients,
researched the law, or written the brief in Rhode Island. However, he
provided a Providence, Rhode Island address to the Rhode Island
Judiciary. In addition, there is no dispute that Senator Whitehouse is
a Rhode Island resident and spends a substantial amount of his time in
Rhode Island. If Senator Whitehouse is practicing law in another
jurisdiction, it is merely incidental or temporary. Under the rules,
Senator Whitehouse was practicing law in Rhode Island.

In addition, to Judicial Watch’s knowledge, Senator Whitehouse is
not authorized to practice law in another jurisdiction. Senator
Whitehouse lists a Washington, D.C. address on the brief; yet,
according to the District of Columbia Bar website, Senator Whitehouse
is not a member of the DC Bar. Therefore, if Senator Whitehouse claims
he was not practicing law in Rhode Island but in Washington, D.C., he
violated the “Unauthorized Practice of Law” rule of D.C.

Besides practicing law without the proper authorization, Senator
Whitehouse also violated the Rhode Island Rules of Professional
Conduct by attacking the federal judiciary and openly threatening the
U.S. Supreme Court. The brief concludes:

The Supreme Court is not well. And the people know it. Perhaps the
Court can heal itself before the public demands it to be
“restructured in order to reduce the influence of politics.”
Particularly on the urgent issue of gun control, a nation desperately
needs it to heal.

In other words, if the U.S. Supreme Court does not rule the way
Senator Whitehouse and his clients prefer, they will use their power
as Senators to restructure the Court.

Such a threat violates the spirit if not the letter of Rhode
Island’s Rules of Professional Conduct. As the preamble explains:

* “A LAWYER SHOULD USE THE LAW’S PROCEDURES ONLY FOR LEGITIMATE
PURPOSES AND NOT TO HARASS OR INTIMIDATE OTHERS.”
* “A LAWYER SHOULD DEMONSTRATE RESPECT FOR THE LEGAL SYSTEM AND
FOR THOSE WHO SERVE IT, INCLUDING JUDGES.”
* “A LAWYER SHOULD FURTHER THE PUBLIC’S UNDERSTANDING OF AND
CONFIDENCE IN THE RULE OF LAW AND THE JUSTICE SYSTEM.”
* A LAWYER SHOULD “MAINTAIN A PROFESSIONAL, COURTEOUS AND CIVIL
ATTITUDE TOWARD ALL PERSONS INVOLVED IN THE LEGAL SYSTEM.”

Attacking the federal judiciary and openly threatening the U.S.
Supreme Court is unbecoming for a member of the legal profession as
well as a sitting U.S. Senator. Senator Whitehouse’s assertion,
without basis, that the Court does not rule on the merits of cases but
rather on partisan beliefs undermines confidence in the legal system.
It is one thing for a politician to make such a claim on the campaign
trail, it is another for a lawyer to make such a charge as part of a
legal proceeding. In doing so, Senator Whitehouse has violated the
rules of professional conduct.

The misconduct of Senator Whitehouse noted above appears obvious on
its face. Senator Whitehouse either violated Rhode Island’s or
D.C.’s rules, or both. Senator Whitehouse’s filing of a brief on
behalf of clients without an active law license anywhere in the
country is inexcusable. Senator Whitehouse’s attack on the federal
judiciary and open threat to the U.S. Supreme Court raises substantial
questions about his character and fitness to practice law. His actions
warrant a full investigation by the Unauthorized Practice of Law
Committee.

Senator Whitehouse is violating basic legal ethics in threatening the
Supreme Court while engaging in the unauthorized practice of law. He
should be held accountable.


WHEN OFFICERS OF THE LAW ABDICATE THEIR DUTY TO PROTECT

Garry McFadden, a flamboyant former homicide detective
[[link removed]]
and
reality TV show star, was elected sheriff on a promise to stop
cooperating with federal immigration officers. Sometimes referred
[[link removed]]
to
as the “Sanctuary Sheriff,” he is an example of a cop who does the
opposite of what the people expect of a public safety official.
Our _Corruption Chronicles_ blog has the story
[[link removed]

The elected official in charge of enforcing the law in North
Carolina’s largest county has kept his campaign promise
[[link removed]]
to
protect illegal immigrants by releasing from custody numerous violent
offenders rather than turn them over to federal authorities for
removal. Among them is a previously deported Honduran charged with
rape and child sex offenses. Because Mecklenburg County offers illegal
aliens sanctuary, the perpetrator, 33-year-old Oscar Pacheco-Leonardo,
was freed by the county sheriff despite his violent history.
Thankfully, Immigration and Customs Enforcement (ICE) recently
arrested him during a targeted enforcement operation.

The federal agency blasts officials in the North Carolina county of
about 1 million, writing in a statement
[[link removed]]
that
by discharging a previously deported alien facing serious criminal
charges, Mecklenburg County chose to release a serious public safety
threat onto the streets of Charlotte where he was free to potentially
harm others for nearly two months until his capture by ICE. “This is
yet another example of a clear public safety threat being released
onto the streets of Mecklenburg County rather than into ICE custody
due to the current sheriff’s policy on ICE non-cooperation,” the
agency’s regional director said. “The Mecklenburg County
sheriff’s decision to restrict cooperation with ICE serves as an
open invitation to aliens who commit criminal offenses that
Mecklenburg County is a safe haven for persons seeking to evade
federal authorities, and residents of Mecklenburg County are less safe
today than last year due these policies.”

When Garry McFadden got elected sheriff in 2018, he immediately ended
a program known as 287(g)
[[link removed]]
that notified
ICE of jail inmates in the country illegally. The program enhances the
safety and security of communities by creating partnerships with state
and local law enforcement agencies to identify and remove aliens who
are amenable to removal from the United States. It is a mutually
beneficial agreement, ICE says, that identifies, arrests and serves
warrants and detainers of incarcerated foreign-born criminals. The
program has identified and removed from the U.S. gang members, sex
offenders and murderers and has reduced the number of criminal
offenders that are released back into communities. “Federal, state
and local officers working together provide a tremendous benefit to
public safety through increased law enforcement communication and
overall community policing effectiveness,” according to ICE.

Nevertheless, a growing number of local municipalities offer illegal
immigrants sanctuary and refuse to cooperate with federal authorities.
The day after getting elected Sherriff, McFadden stopped cooperating
with federal authorities as per his campaign promise. Pacheco-Leonardo
is only one of many violent offenders who have been released recently
from Mecklenburg County custody. More than 20 others have been
discharged by McFadden’s agency, including rapists, child molesters,
kidnappers, burglars, and those charged with gun-related and drug
crimes. Most of the illegal immigrants are from Central America and
Mexico, but a few are from India, Afghanistan, Liberia and Sri Lanka.
All of them are men in the U.S. illegally and protected by the North
Carolina county’s sanctuary policies which forces ICE to increase
enforcement in those areas. “When law enforcement agencies don’t
honor ICE detainers, these individuals, who often have significant
criminal histories, are released onto the street, presenting a
potential public safety threat,” the agency statement says. “When
ICE Fugitive Operations officers have to go out into the community to
proactively locate these criminal aliens, regardless of the
precautions they take, it needlessly puts our personnel and
potentially innocent bystanders in harm’s way.”

Just a few weeks ago Judicial Watch reported
[[link removed]]
that
various California law enforcement agencies released 16 illegal
immigrants with criminal records during a three-month period. Some
were arrested and released multiple times by the same local law
enforcement agency after committing felonies. In all of the cases, ICE
issued detainers but local police ignored the federal agency to
protect the illegal alien from deportation, instead freeing the
perpetrator back into the community. Offenders include Mexican,
Honduran and Salvadoran nationals charged with murder, rape, assault
with a deadly weapon, spousal abuse, driving under the influence of
alcohol, possession of illegal drugs and other serious crimes. One
23-year-old Honduran man was booked and released in San Francisco ten
times in less than a year for crimes ranging from burglary, vehicle
theft and driving without a license. In each of the arrests, ICE
issued a detainer but the San Francisco Police Department disregarded
it and let the man go.

Do we individually get to choose which laws we will obey?



Until next week …

Judicial Watch President Tom Fitton

Daywatch Updates

[Article-Image]
[[link removed]]

Judicial Watch: Federal Judge Orders FBI to Search for Steele
Documents
[[link removed]]

Judicial Watch recently announced that U.S. District Court Judge
Christopher Cooper orderedthe FBI to conduct a search within 60 days
for records of communications with former British spy and dossier
author Christopher Steele post-dating Steele’s service as an FBI
confidential source. In ordering the supplemental search for records,
Judge Cooper held:

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