Clinton Emails and the Supreme Court

[INSIDE JW]

AMERICA NEEDS TO KNOW THE TRUTH ABOUT BIDEN FAMILY'S CORRUPTION

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The Biden scandals didn’t disappear when Joe Biden entered the Oval
Office, as I wrote
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in this op-ed for _The Washington Times_:

A president takes office amidst charges of family corruption and shady
business dealings with a country connected to interfering in the very
election that put him in the White House. Sound familiar?

The false narrative that Democrats concocted to hobble the Trump
administration four years ago is now the real deal with Joe Biden
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and his family.
And unlike President Trump
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who faced
unprecedented institutional resistance and Deep State resistance,
President Biden
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can likely count on the Justice Department
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and
the media to allow him to escape meaningful scrutiny.

Judicial Watch recently started a petition at Change.org asking the
Department of Justice
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immediately to appoint a special counsel to investigate Biden
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family dealings in
China
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Ukraine and
other countries. There is substantial evidence, from documents and
witness statements, that the Biden
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family, including
President Joe Biden
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may have been
involved in criminal activity with foreign entities tied to Ukraine
and China
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In just a
few days the petition has garnered nearly 200,000 signatures.

Judicial Watch uncovered documents that show even as far back as the
Obama administration Russia-linked media in Ukraine were
“trolling” Joe Biden
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over “his
son’s business.” Mr. Biden’s son Hunter has acknowledged that he
is the target of an FBI criminal investigation. Any investigation
should involve alleged money laundering, influence peddling and tax
violations among other shady activities.

A special counsel is required because the Justice Department
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and
its FBI are conflicted in investigating any matters that could
implicate the president and/or his immediate family in criminal
activity. As Republican Sen. Tom Cotton of Arkansas said recently,
“if there were ever circumstances that create a conflict of interest
and call for a special counsel, that’s here.” Justice Department
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regulations that were abused to appoint a special counsel to harass
then-President Trump
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actually do
fairly apply to the Biden situation. A special counsel is required by
Justice regulations when:

(a) That investigation or prosecution of that person or matter by a
United States Attorney’s Office or litigating Division of the
Department of Justice
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would
present a conflict of interest for the Department
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or
other extraordinary circumstances; and

(b) That under the circumstances, it would be in the public interest
to appoint an outside Special Counsel to assume responsibility for the
matter.

The matter is urgent. Americans just learned that communist China
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was actively involved
in the 2020 presidential election. Director of National Intelligence
John Ratcliffe, in a letter transmitted to Congress, concluded that
“based on all available sources of intelligence, with definitions
consistently applied, and reached independent of political
considerations or undue pressure — that the People’s Republic of
China sought to influence the 2020 U.S. federal elections.”

Chinese efforts to interfere in the 2020 election might have been
better known before election days but for Deep State resistance.
Intelligence Community Ombudsman Barry Zulauf found that CIA analysts
were reluctant to reveal China’s
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malign actions because
they were opposed to the Trump administration, and were “saying in
effect, I don’t want our intelligence used to support those
policies.” In fact, “strong efforts” were made last summer to
suppress analysts who wanted to expose the full range of Chinese
efforts to swing the election to Mr. Biden.

We are already seeing China
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indirectly benefitting
from Biden policies. Cancelling the Keystone XL pipeline will divert
Canadian oil west to the petroleum-hungry People’s Republic.
Re-entering the Paris Climate Agreement gives political cover to
China’s
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excessively
polluting dirty coal industry, in which Hunter Biden is heavily
invested. Mr. Biden’s State Department on Day One removed a page on
its web site that contained a comprehensive assessment of the threats
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China poses to the
U.S. and its allies, and an emboldened Beijing slapped outrageous
sanctions on outgoing Secretary of State Mike Pompeo and 27 other
former Trump
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officials. Does China
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have corrupt leverage over President Biden
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Given the years of investigations costing millions of dollars to delve
into fake Russia collusion accusations against Trump
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world, the
American people deserve to know what China
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was up to with Joe
Biden
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especially
when Beijing had already shelled out millions of dollars to Biden
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family members —
including millions in set-asides for “the big guy.” What else is
on that infamous Hunter Biden laptop? The conflicted Biden Justice
Department
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cannot
be trusted to engage in any meaningful oversight on this issue. We
need a special counsel now.


SENATOR ASKS IRS TO STRIP CONSERVATIVE GROUP OF NONPROFIT STATUS

One of the scandals of the Obama administration thrown down the memory
hole was the use of the IRS to target political opponents. Not
surprisingly, that tactic is coming back in the administration of
Obama’s underling. Our_ Corruption Chronicles_ blog has the details
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of this renewed misuse of the IRS:

Reminiscent of the Obama Internal Revenue Service’s (IRS) witch hunt
of conservative groups, a U.S. Senator who sits on the committee that
oversees the tax agency is pushing it to revoke a student charity’s
nonprofit status. The veteran lawmaker, Rhode Island Democrat Sheldon
Whitehouse, says the conservative student organization, Turning Point
USA
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should lose its nonprofit rating because
it held large events that could help spread COVID-19. In a letter
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to IRS Commissioner Charles P. Rettig the senator describes the
gatherings as “superspreader” events. He specifically mentions a
Palm Beach, Florida winter gala at the Mar-a-Lago Club famously owned
by former President Donald Trump.

“According to press reports and social media posts, many
participants gathered and mingled indoors without wearing masks, in
violation of Palm Beach County’s COVID-19 regulations,”
Whitehouse, a member of the Senate Finance Committee
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writes to the IRS
chief. The powerful chamber has oversight over the IRS, among many
other government agencies. “In holding these ‘superspreader’
events, Turning Point USA knowingly exposed hundreds of young people
and staff working at the events to serious risk of infection,” the
letter continues. The legislator asks the IRS to review whether the
group, which has more than 250,000 student members, should continue to
enjoy its tax-exempt nonprofit status. “Established law has long
held that an organization is not eligible for tax exemption under
section 501(c)(3) if a purpose of the organization is contrary to
public policy or is illegal,” the letter states, reminding the IRS
commissioner of a three-part test established to determine whether an
organization’s activities are consistent with tax exemption under
the code.

The analysis includes determining whether the purpose of the
organization is charitable, if activities are not illegal and whether
the activities are in furtherance to the group’s exempt purpose and
are reasonably related to that purpose. “Turning Point USA’s
reckless decision to host potential ‘superspreader’ events, in
open violation of local COVID-19 regulations, put children and others
at risk, and was clearly contrary to the public good,” the senator
tells the IRS commissioner. “Tax-exempt status provides a
substantial benefit to charitable organizations and reflects the
federal government’s endorsement of an organization’s activities.
Organizations that knowingly put in danger minors entrusted to their
care should not enjoy the benefits of tax-exempt status. Accordingly,
I urge the IRS to review whether it should revoke Turning Point
USA’s tax-exempt status.”

Founded in 2012, Turning Point USA describes itself as a national
student movement dedicated to identifying, organizing, and empowering
young people to promote the principles of free markets and limited
government. The group’s founder, 27-year-old Charlie Kirk, was the
chairman of Students for Trump, which aimed to activate a million new
college voters before the 2020 presidential election. In a press
release
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announcing the letter to the IRS, Whitehouse refers to the group as a
“right-wing nonprofit” that “promotes far-right ideas to young
people around the country.” The document, posted on the senator’s
official website, further states that Turning Point USA “has
cultivated close ties to President Trump and the Trump family.”

The senator’s push to repeal the conservative charity’s nonprofit
status brings back memories of the Obama IRS singling out groups with
conservative-sounding terms such as “patriot” and “Tea Party”
in their titles when applying for tax-exempt benefits. Judicial Watch
launched an investigation and sued
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for records
after an explosive Treasury Inspector General report
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revealed that in 2010 the IRS began using inappropriate criteria, such
as lists of past and future donors, to identify organizations applying
for tax-exempt status. The illegal IRS reviews continued for more than
18 months, according to the report, and “delayed processing of
targeted groups’ applications” preparing for the 2012 presidential
election. The IRS director at the center of the scheme, Lois Lerner,
not only broke agency rules—as well as the law—to target
conservative organizations she also lied to Congress to cover up the
wrongdoing.

BALLOT HARVESTING LEGAL BATTLE: JUDICIAL WATCH ASKS SUPREME COURT TO
UPHOLD ARIZONA’S ELECTORAL INTEGRITY LAWS

The legal battles for clean and fair elections continue – and
Judicial Watch is front and center advocating for election integrity.

We joined with Allied Educational Foundation (AEF) in filing
an _amici curiae_ (friends of the court) brief
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with the U.S. Supreme Court to uphold Arizona’s electoral integrity
laws that prohibit out-of-precinct voting and ballot harvesting.

We submitted the brief in the case _Mark Brnovich, Attorney General of
Arizona, et al. v. Democratic National Committee, et al._
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(Nos. 19-1257 & 1258), coming on appeal from the U.S. Circuit Court of
Appeals for the Ninth Circuit. Initially, a Ninth Circuit panel of
judges affirmed the district court ruling upholding Arizona’s
election integrity laws that prohibit out-of-precinct voting and
ballot harvesting, but then the full appeals court overturned the
district court ruling. The Ninth Circuit held that Arizona’s
prohibition on out-of-precinct voting and third-party collection and
delivery of early ballots (ballot harvesting) were enacted with a
discriminatory purpose and had discriminatory results, in violation of
Section 2 of the Voting Rights Act (VRA). The Supreme Court granted
a writ of certiorari to hear the appeal on April 27, 2020.

Our brief explains that in applying the Voting Rights Act:

[C]ourts ask whether the evidence indicates that the challenged voting
procedures have caused minority voters to have less opportunity to
participate in the political process and to elect representatives of
their choice. Respondents utterly failed to adduce any evidence that
satisfied this … requirement of causation, i.e., that the
challenged voting procedure caused minorities to have less
opportunity to participate in the political process and to elect
representatives of their choice.

This Supreme Court case highlights how leftist partisans would misuse
civil rights laws to undermine election integrity measures, such as a
ban on ballot harvesting, that are race neutral.

In 2020, we sued North Carolina
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Pennsylvania
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and
Colorado
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for
failing to clean their voter rolls, and sued Illinois
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for
refusing to disclose voter roll data in violation of federal law.
These lawsuits are ongoing. We also have several dozen open records
requests pending over the conduct of the 2020 election.

You can learn more about our clean election efforts here
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JUDICIAL WATCH ASKS SUPREME COURT TO REQUIRE CLINTON EMAIL TESTIMONY

The Clinton email scandal is one of the most dramatic illustrations of
the two-tiered justice system here in Washington, DC. If it weren’t
for Judicial Watch, the scandal would have been completely suppressed
by the corrupt Justice and State Departments.

We just asked the U.S. Supreme Court to take up our challenge
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to
an appeals court order exempting Hillary Clinton from testifying under
oath about her emails.

We argue in our petition for a _writ of
certiorari_ (“cert petition”) that the court should hear our
case because the U.S. Court of Appeals for the District of Columbia
Circuit erred in giving Clinton unwarranted special treatment that
conflicts both with Supreme Court precedent and the precedents of
other courts of appeal, including its own.

This cert petition arises from our FOIA lawsuit
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(_Judicial
Watch v. U.S. Department of State_
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(No.
1:14-cv-01242), which led directly
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to
the disclosure of Clinton’s use of a nongovernment email server to
conduct government business. On March 2, 2020, U.S. District Court
Judge Royce Lamberth authorized
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us
to depose Clinton about her emails and the existence of relevant
Benghazi attack documents. The court also ordered
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the
deposition of Clinton’s former Chief of Staff, Cheryl Mills, and two
other State Department officials.

Clinton and Mills filed an emergency writ of mandamus appeal to
avoid testifying. On August 31, 2020, the D.C. Court of Appeals
granted Clinton’s petition for mandamus relief, allowing her to
avoid giving sworn testimony in our lawsuit
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As we argue in our cert petition, granting Clinton this extraordinary
relief flies in the face of the D.C. Circuit’s own precedent, most
recently in the Michael Flynn case, who, unlike Clinton, was denied
mandamus relief.
We also argue that the appellate decision allowing Hillary Clinton to
avoid testimony dramatically undermines the Freedom of Information
Act:

In effect, it eliminates any discovery into the actions of agency
officials or employees other than FOIA officers – walling off from
any inquiry officials or employees who may be less than honest with
FOIA officers or who might seek to conceal agency records from FOIA
officers to prevent disclosure to the public, among other matters
plainly relevant to an agency’s good faith in responding to FOIA
requests.

***

It is especially important that this misapplication of longstanding
precedent be corrected because the D.C. Circuit’s far-reaching
decision will nullify the “citizens’ right to be informed about
‘what their government is up to’” and for all intents and
purposes, it will eradicate the district courts’ role as the
enforcement arm of FOIA, as Congress intended.

No court should undermine the Freedom of Information Act and the rule
of law by giving Hillary Clinton special protection from having to
testify about her emails. The Supreme Court should cast politics aside
and affirm that Hillary Clinton is not above the law.

SOROS-FUNDED GROUP TO PROVIDE ‘MANDATORY IMPLICIT BIAS TRAINING’
FOR L.A. CITY WORKERS

California has become a playground for radical leftists. Our
_Corruption Chronicles_ blog reports
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their latest schemes to undermine the rule of law:

Billionaire George Soros’s radical leftism is spreading through
America’s most populous county. Days after a Soros-backed
prosecutor
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who
vows to lock up fewer criminals became Los Angeles District Attorney,
the city’s mayor is forcing all employees to undergo “implicit
bias
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training to be conducted by a group that receives funding from Soros
and his Open Society Foundations (OSF). That makes L.A. County and its
biggest city, the nation’s second-most populous, a stronghold of the
powerful Soros machine that aims to promote the left’s agenda.

It started with Soros’s financial support for a controversial Black
Lives Matter-endorsed District Attorney candidate, George Gascon, who
has alienated career prosecutors throughout California with his
renegade criminal justice reform initiatives. A former San Francisco
District Attorney, Gascon announced upon being sworn in as L.A.
County’s top prosecutor that his office will no longer pursue the
death penalty, try juveniles as adults, add gangs and other
enhancements to criminal complaints or seek cash bail for non-violent
felonies or misdemeanors.

It is worth noting that the L.A. County D.A. is the largest local
prosecutorial office in the United States. The District Attorney in
Sacramento recently blasted Gascon in a letter
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published
by various media outlets in the state. “Your Special Directives are
not just extreme but will undoubtedly wreak havoc on crime victims and
their Constitutional rights,” the letter states. “Your lack of
concern for their rights and safety concerns me greatly. Additionally,
because crime has no boundaries, these Special Directives will have
far greater impact than on Los Angeles County alone. Rather, victims
across California will be negatively impacted and the safety of all
Californians will be jeopardized.”

Now all the city’s 50,000 employees must participate in racial bias
training conducted by the Kirwan Institute for the Study of Race and
Ethnicity
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at Ohio State University
(OSU). Judicial Watch dug up information on the group and uncovered
deep ties to Soros and other notorious leftists. The center is named
after a former OSU president appointed
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by California Congresswoman Nancy Pelosi to a prestigious Department
of Education post. In addition to its “implicit bias” trainings,
the institute’s research areas include racial wealth inequality,
opportunity mapping, and health equity and disparities. As you would
expect, its agenda is radically progressive. Policy proposals from
Kirwan Institute products include, “significantly raise taxes on the
ultra-wealthy,” a Congressional committee on reparations, guaranteed
employment, and “Medicare for All.”

Until this month, the institute’s executive director was Darrick
Hamilton
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who left to head the Institute for the Study of Race, Stratification
and Political Economy at the New School in New York. He is best known
for being one of the developers of the “baby bonds
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proposal in which the government provides a trust fund for every
newborn based on parents’ wealth. Hamilton was an advisor to the
Bernie Sanders campaign and a member of the Biden-Sanders Unity Task
Force. OSU paid him $259,334.40 annually
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to
run the Kirwan Institute for the Study of Race and Ethnicity. Other
individuals associated with the institute include Kyle Strickland, who
serves as senior legal analyst and Hasan Jeffries, an OSU professor
who achieved notoriety for posting on social media that the Fraternal
Order of Police has killed more
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black people than the white supremacist hate group Ku Klux Klan.
Strickland is a Black Lives Matter supporter
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who
is also deputy director of race and democracy at the Roosevelt
Institute, which received more than $1 million from OSF in 2019 and
lists Jonathan Soros as a senior fellow
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The Kirwan Institute has received an undisclosed amount of funding
from OSF and the Soros conglomerate is listed as a financial supporter
in its 2015-2016 Biennial Report
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OSF is not specifically mentioned in the 2020 annual report. However,
it notes that the institute partners with Demos, the Roosevelt
Institute, the Center for Community Change, and the Economic Security
Project, all of which receive extensive funding from OSF. One of the
institute’s partners, PolicyLink, is a liberal research and advocacy
nonprofit in Oakland that received $500,000 from OSF in 2019.

The mayor of L.A., Eric Garcetti, claims the goal of enlisting this
group is to “advance racial equity across city government.”
Garcetti recently issued a directive
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that creates a racial equity task force and appoints racial equity
officers throughout city government. “Our city is in pain, and we
are hungry for change,” the mayor writes in the order “The
demonstrations for racial justice in recent weeks have not exposed
something new — they’ve laid bare the urgent and overdue demand to
end structural racism.
America’s tragic history of violent and persistent discrimination
casts a long shadow over the challenges Blacks and other people of
color confront today in housing, employment, and the criminal justice
system.” The social, economic, and political inequities have created
a “shamefully disparate and stratified society,” Garcetti asserts.


Until next week …



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