From Tom Fitton <[email protected]>
Subject Judicial Watch Court Victory
Date July 10, 2020 10:55 PM
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Lawsuit for Joe Biden’s Senate Records

[WEEKLY UPDATE]

VICTORY: COURT RULES CORPORATE GENDER QUOTA LAWSUIT MAY GO FORWARD

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Good news! A California court authorized our taxpayer lawsuit to
move forward against a California law that mandates gender quotas for
corporate boards. The court held
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that our clients have standing to sue under state law, and our
attorneys will now proceed to discovery, including depositions of
various officials.
This action comes in the case (_Robin Crest et al. v. Alex Padilla_
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(No.19ST-CV-27561).
We filed the lawsuit
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on August 6, 2019, on behalf of three California taxpayers to prevent
the State from implementing Senate Bill 826. The 2018 law requires
publicly held corporations headquartered in California to have at
least one director “who self-identifies her gender as a woman” on
their boards by December 31, 2019. Up to three such persons are
required by December 31, 2021, depending on the size of the board.

Our lawsuit alleges that the mandate is an unconstitutional
gender-based quota. In our complaint we argue:

> SB 826 is illegal under the California Constitution. The
> legislation’s quota system for female representation on corporate
> boards employs express gender classifications. As a result, SB 826
> is immediately suspect and presumptively invalid and triggers strict
> scrutiny review.
Even before the bill passed, a California Assembly floor analysis
identified a “significant risk of legal challenges” to SB 826. It
characterized the legislation as creating a “quota-like system”
and noted:
[T]his bill, if enacted into law, would likely be challenged on equal
protection grounds … The use of a quota-like system, as proposed by
this bill, to remedy past discrimination and differences in
opportunity may be difficult to defend.”

> In signing SB 826 in September 2018, then-Governor Brown wrote that,
> “serious legal concerns have been raised” to the legislation.
> “I don’t minimize the potential flaws that indeed may prove
> fatal to its ultimate implementation.” He signed the bill anyway,
> noting, “Nevertheless, recent events in Washington, D.C. – and
> beyond – make it crystal clear that many are not getting the
> message.”
Currently, 625 publicly traded corporations are headquartered in
California and are subject to the legislation’s provisions. In a
March 2020 report
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the
secretary of state identified 282 corporations that reported
compliance with the law’s requirements.

We are pleased that the court saw through California’s flimsy claim
that taxpayers had no standing to sue to stop this brazenly
unconstitutional gender-quota law. Even Gov. Brown, in signing the
law, worried that it is unconstitutional. Our California taxpayer
clients are stepping up to make sure that California’s Constitution,
which prohibits sex discrimination, is upheld.

JUDICIAL WATCH AND DAILY CALLER NEWS FOUNDATION SUE FOR JOE BIDEN’S
SENATE RECORDS AT UNIVERSITY OF DELAWARE

We filed a Freedom of Information Act (FOIA) lawsuit on behalf of the
Daily Caller News Foundation against the University of Delaware for
former Vice President Biden’s Senate records, which are housed at
the university’s library (_Daily Caller News Foundation v.
University of Delaware_
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(No. N20A-07-001)). We sued in the Superior Court of the State of
Delaware.

Judicial Watch and the Daily Caller filed requests on April 30 for all
of Biden’s records and for records about the preservation and any
proposed release of the records, including communications with Mr.
Biden or his representatives. The university said it would not release
the records until two years after Biden has retired from public life.

Our April 30, 2020, FOIA request seeks:

* All records regarding the proposed release of the records
pertaining to former Vice President Joe Biden’s tenure as a senator
that have been housed at the University of Delaware Library since
2012. This request includes all related records of communication
between the University of Delaware and any other records created
pertaining to any meeting of the Board of Trustees during which the
proposed release of the records was discussed.
* All records of communication between any representative of the
University of Delaware and former Vice President Biden or any other
individual acting on his behalf between January 1, 2018 and the
present.

On April 30, the Daily Caller News Foundation submitted its FOIA
request to the University seeking:

* All agreements concerning the storage of more than 1,850 boxes of
archival records and 415 gigabytes of electronic records from Joe
Biden’s Senate career from 1973 through 2009.
* Communications between the staff of the University of Delaware
Library and Joe Biden or his senatorial, vice-presidential or
political campaign staff, or for anyone representing any of those
entities between 2010 [April 30,2020] about Joe Biden’s Senate
records.
* Any logs or sign-in sheets recording any individuals who have
visited the special-collections department where records from Joe
Biden’s Senate career are stored between 2010 to the date of this
request.
* All records from Joe Biden’s Senate career that have been
submitted to the University of Delaware Library.

On May 20, the University denied the Daily Caller News Foundation’s
request.

In response to both requests, the University claimed, without
corroboration, that public funds are not used to support the Joseph R.
Biden, Jr. Senatorial Papers.

Tara Reade, who has accused Biden of sexually assaulting her in 1993
when she worked as a staff assistant to the then-senator, has said
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that she believes a workplace discrimination and harassment complaint
she filed against Biden at the time may be in the records housed at
the University of Delaware. Biden also admitted to communicating with
Vladimir Putin
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and other foreign leaders when he was a United State Senator.

“The University of Delaware should do the right thing and turn over
Joe Biden’s public records as required by law,” Daily Caller News
Foundation Co-Founder and President Neil Patel said. “Partisan
gamesmanship by a public university is unseemly and unlawful. If they
don’t want to do the right thing, we will force them in court.”

He’s right. The University of Delaware should stop protecting Joe
Biden and provide the public access to his public records, as Delaware
law requires.

THE NEW JUDICIAL WATCH BOOK: ‘A REPUBLIC UNDER ASSAULT,’ IS
AVAILABLE FOR PRE-ORDER

Let’s hope we have another _New York Times_ bestseller on our hands
here: “A Republic Under Assault, the Left’s Ongoing Attack on
American Freedom” is now available for pre-order
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My first two bestselling books, "The Corruption Chronicles
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and "Clean House
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exposed the hypocrisy and corruption of Obama’s two terms. In this
latest book I identify the four major forces posing a continued threat
to American democracy.

* DEEP STATE EFFORTS TO DESTROY THE TRUMP PRESIDENCY: The documents
that show senior officials in the Obama administration, with the
approval of Barack Obama, spied on the Trump presidential campaign AND
President Trump! The dirty secrets of Obamagate and the
impeachment/coup attack are exposed!
* HILLARY CLINTON’S EMAIL SCANDAL: How Hillary Clinton, her top
aides, and senior officials at the Obama State Department conspired to
cover-up Hillary Clinton’s secret email system—and shocking new
docs that tie Obama White House to the cover-up!
* VOTER FRAUD: How Soros-funded groups attack states that seek to
protect clean elections by challenging voter ID laws, and how the Left
is cynically peddling COVID-19 crisis electoral “reforms,” like
mail-in voting, which could increase voter fraud and election chaos.
* ILLEGAL IMMIGRATION: How deadly and illegal “sanctuary”
policies are exploding across America, and how our nation’s
sovereignty has been under assault by radical open border advocates.

Subversive Deep State collaborators with ties to the Clinton and
Obama machines not only launched countless—often
illegal—operations to stop and then remove Trump, but even more
alarmingly, are working to transform the United States into something
truly unrecognizable to all who believe in liberty and the rule of
law.

Today one of their main targets is President Donald J. Trump.

Tomorrow it could be you and anyone who believes in the US
Constitution, believes the United States must have clearly defined and
protected borders, believes in the need for a strong military,
believes in the value of hard work and faith, and believes in the rule
of law and American exceptionalism.

“A Republic Under Assault” will be published by Threshold Editions
on October 20, 2020. Learn more here
[[link removed]].

Until next week …



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