Judicial Watch Files Ethics Complaint
against Maxine Waters over Incitement and Jury
Intimidation
You may recall that in June 2018, we filed a House ethics complaint against Rep. Maxine Waters (D-CA) for inciting violence and
assaults on former-President Trump’s cabinet.
Well, she’s at it again, this time she encouraged violence and attempted
to intimidate the jury in the trial of Derek Chauvin.
We filed a complaint
with the chairman of the House Office of Congressional Ethics against
Waters for violating House ethics rules with these remarks. Our complaint
argues that Rep. Waters encouraged violence by urging protestors to “get
more confrontational” if Chauvin is found not guilty. She told the
crowd:
Well, we’ve got to stay on the street and we’ve got to get more active,
we’ve got to get more confrontational. We’ve got to make sure that they
know that we mean business.
We noted that Waters statements seem to be in violation of House ethics
rules that require members to conduct themselves “at all times in a
manner that shall reflect creditably on the House.”
In the complaint to the Office of Congressional Ethics chairman, I wrote:
Ms. Waters took an oath to uphold and defend the Constitution of the United
States, which includes the rights accorded to Officer Chauvin to a fair and
impartial trial by a jury of his peers and to due process. Ms. Waters’
inflammatory comments that pressure the jury, while encouraging rioters
already engaged in rampant destruction of property and attacks on police
officers, to “get more confrontational” are irresponsible and dangerous
incitement by a Member of Congress.
House Rule 23, Clause 1, of the Code of Official Conduct of the Rules of
the House of Representatives states: “A Member, Delegate, Resident
Commissioner, officer, or employee of the House shall conduct himself at
all times in a manner that shall reflect creditably on the House.”
Ms. Waters’ conduct surely does not reflect creditably on the House. By
encouraging violence in response to a “guilty” jury verdict, she seeks
to undermine the Constitution’s guarantees and protections, and fosters
the breakdown of civil society. Such dangerous and reckless rhetoric
demands investigation.
More disturbingly still, this behavior by Rep. Waters represents a pattern
of conduct. In June 2018, Ms. Waters exhorted protesters to form
“crowds” to “push back” on President Trump’s cabinet members,
saying, “If you see anybody from that Cabinet in a restaurant, in a
department store, at a gasoline station, you get out and you create a crowd
and you push back on them! And you tell them that they are not welcome,
anymore, anywhere.”
That reprehensible conduct prompted Judicial Watch to file an earlier
complaint with OCE, which has been inexcusably ignored.
Rep. Maxine Waters’ comments, in the least, fall under the expansive
standard for “incitement” set by the House in its snap impeachment
proceedings against President Trump.
Judicial Watch calls upon the Office of Congressional Ethics to launch an
investigation into Ms. Waters’ comments immediately.
Waters not only incited violence. She has compromised the legal system by
intimidating the jury in the trial of Derek Chauvin. Maxine Waters is a
repeat offender, and it is urgent that the House Ethics Committee quickly
acts to hold her accountable. You can let your congressman know what you
think about Waters’ behavior by contacting them through the U.S. Capitol
switchboard at 202-225-3121.
Federal Court Heard Set for High School Coach Fired Over Critical
Race Theory
A court hearing will be held on April 26 regarding the federal civil rights
lawsuit we filed on behalf of a Massachusetts father who was fired from his
position as high school football coach after raising concerns over Black
Lives Matter/Critical Race Theory being taught in his daughter’s
seventh-grade ancient history class.
The hearing will be via video conference on Monday, April 26, 2021, at 3:15
pm ET.
We filed the lawsuit on behalf of David Flynn, the father of two Dedham
Public School students. He was removed from his position as head high
school football coach after exercising his right as a citizen to raise
concerns about his daughter’s seventh-grade history class curriculum
being changed to include biased coursework on politics, race, gender
equality, and diversity (Flynn
v. Forrest et al. (No. 21-cv-10256)).
Our suit details that in September 2020, Flynn’s daughter’s
seventh-grade history class, which was listed as “World Geography and
Ancient History I,” was taught issues of race, gender, stereotypes,
prejudices, discrimination, and politics. The lawsuit explains:
In one assignment, Flynn’s daughter was asked to consider various “risk
factors” and “mitigating factors” that two people – one identified
as “white” and the other identified as “black” – purportedly
might use to assess each other on a city street. Included among the various
factors were skin color, gender, age, physical appearance, and attire.
“Black,” “aggressive body language” and “wrong neighborhood”
were among the “risk factors” purportedly assessed by the person
identified as “white.” “White” and “Police officer” were among
the “risk factors” purportedly assessed by the person identified as
“black.”
Concerned about the abrupt change in curriculum, Flynn and his wife
contacted the history teacher and principal of the school – then later
Superintendent Michael J. Welch and three members of the Dedham School
Committee. On more than one occasion the Flynns asked for assistance in
resolving the issues with the curriculum. Ultimately, in October 2020, the
Flynns removed their children from school. The Flynns’ list of concerns
included:
- Dedham Public Schools changed the curriculum of the seventh-grade
history class without notifying parents or having a course description and
syllabus available for parents to review
- The new seventh-grade history class curriculum containing coursework
on politics, race, gender equality, and diversity that were not suitable
for twelve- and thirteen-year-olds;
- The seventh-grade history teacher not teaching topics
of politics, race, gender equality, and diversity objectively;
- The seventh-grade history teacher using a cartoon character of herself
wearing a t-shirt
supporting a controversial political movement; and
- The seventh-grade history teacher using class materials
that labeled all police officers as risks to all black people and all black
males as risks to white people.
In January 2021, Flynn, who had been the head football coach at Dedham High
School (DHS) since 2011, was called into a meeting with Welch as well as
the DHS principal and athletic director. At the meeting, Welch handed Flynn
one of the emails he had written to the Dedham School Committee members and
informed him that one of the committee members asked Welch, “What are we
going to do about this?” At the end of the meeting Flynn was told that
they “were going in a different direction” with the football program.
Minutes later, the superintendent, high school principal, and athletic
director released a public statement, stating that Flynn was removed as
head football coach because he “expressed significant philosophical
differences with the direction, goals, and values of the school
district.”
We are asking that the court award damages to Flynn and that a jury trial
be held. We are being assisted by attorney Andrew J. Couture of Leominster,
Massachusetts.
A moving video presentation regarding the case is available here.
I encourage you to view and share. Coach Flynn is on the front lines on a
battle for our children and our country that is now taking place in schools
across the country.
States Say ICE Stops Issuing Detainers for Illegal Immigrant
Convicts
The Biden Administration seems strangely determined to make our country
more dangerous for its citizens. Consider its latest out Immigration and
Customs Enforcement, as reported
by our Corruption Chronicles blog:
Immigration and Customs Enforcement (ICE) has long complained about police
in sanctuary cities that fail to honor its detainers, instead releasing
serious criminals in the U.S. rather than turn them over to get deported.
Now two states are suing the Homeland Security agency for failing to issue
detainer requests for convicted felons in the country illegally, forcing
local authorities to free them after completing their sentence rather than
turning them over to the feds for removal. It seems that the tables have
turned under the Biden administration, according to the lawsuit, filed this
month by officials in Texas and Louisiana.
The states claim that ICE has reversed a Trump era policy and is not
issuing detainer requests for dangerous illegal aliens imprisoned in their
jurisdiction. “As a result, many convicted criminal aliens have been
released to society after their sentences, contrary to Congress’s mandate
that they be detained pending their removal from the United States,”
according to their complaint,
filed this month in the United States District Court for the Southern
District of Texas Victoria Division. Besides ICE, the defendants include
the Department of Homeland Security (DHS) and its secretary, Alejandro
Mayorkas, U.S. Citizenship and Immigration Services (USCIS), U.S. Customs
and Border Protection (CBP) and various officials at the DHS agencies. The
lawsuit begins by stating that “the Biden Administration is refusing to
take custody of criminal aliens despite federal statutes requiring it to do
so.” Instead, the document reads, defendants “have issued and
implemented unlawful agency memoranda that allow criminal aliens already
convicted of felony offenses to roam free in the United States. Such aliens
belong in federal custody, as Congress required.”
Adding insult to injury, officials in the
Lone Star State reveal in the court document that the Biden administration
has taken the extra step of revoking ICE detainer requests for a multitude
of illegal immigrants convicted of felonies and serving sentences in
prisons operated by the Texas Department of Criminal Justice. Many were
found guilty in a U.S. court of serious drug offenses, including
possession, manufacturing, and sale. “President Biden’s outright
refusal to enforce the law is exacerbating an unprecedented border
crisis,” said Texas Attorney General Ken Paxton in a statement
announcing the lawsuit. “By failing to take custody of criminal aliens
and giving no explanation for this reckless policy change, the Biden
Administration is demonstrating a blatant disregard for Texans’ and
Americans’ safety. Law and order must be immediately upheld and enforced
to ensure the safety of our communities. Dangerous and violent illegal
aliens must be removed from our communities as required by federal law.”
In 2019 Texas housed nearly 9,000 undocumented criminal aliens at a cost of
more than $152 million, according to the lawsuit.
In Louisiana ICE is not removing individuals subject to mandatory
deportation, the complaint says, causing convicted felons incarcerated in
state facilities to be released in local communities throughout the Bayou
State. Louisiana, more than any other state, has greater
risk due to the large number of local jails that are used to house
detainees prior to removal, according to Attorney General Jeff Landry.
“The President’s refusal to enforce the law only worsens an already
dire border crisis,” Landry said. “Law and order must prevail;
dangerous and violent criminal aliens must not be allowed to roam free in
our communities.” Both states assert that the administration is violating
binding agreements with DHS to assist in immigration enforcement and
national security missions as well the Constitution, Immigration and
Nationality Act and Administrative Procedure Act, which require the
government to post proposed substantive rule changes in the Federal
Register and allow the public to comment on them before enacting
them.
For years ICE has slammed sanctuary cities nationwide for refusing to honor
a local-federal partnership known as 287(g)
that notifies the agency of jail inmates in the country illegally so that
they can be deported after serving time for state crimes. Before Biden
became president, ICE repeatedly issued statements reminding sanctuary
cities and states that when law enforcement agencies fail to honor
immigration detainers and release serious criminal offenders onto the
streets, it undermines its ability protect public safety and carry out its
mission. The agency even launched a billboard
campaign seeking the public’s help in capturing felons released by
one state’s sanctuary policy.
Leftists Move Against Conservative Radio Station That Fired Clinton
Fundraiser
The First Amendment remains under the most sustained attack in a hundred
years by the extremist Left and its fellow-traveling politicians. Our
Corruption Chronicle blog details
an attack on free speech in Florida.
Democrats in Congress want the Federal Communications Commission (FCC) to
block the sale of a tiny south Florida radio station because the new owner
fired a Hillary Clinton fundraiser who once served as mayor of a local
city. The politician turned radio host, Raul Martinez, was the
Spanish-language station’s top host before a conservative media
conglomerate bought it and changed the liberal-leaning programming. The
deal received sparse local media coverage but earned national attention
when lawmakers in Washington D.C. asked a federal agency to reject the sale
for what appears to be political reasons.
It all seems to be connected to Democrats blaming conservative local
Spanish media for losing two key south Florida congressional seats in the
2020 election. In the state’s District 27, political newcomer Maria
Elvira Salazar, a Cuban-American journalist, upset incumbent Donna
Shalala, who served as Bill Clinton’s Secretary of Health and Human
Services. In the 26th District, Carlos Gimenez, also Cuban-American
and the two-term mayor of Miami-Dade County, ousted incumbent Debbie
Mucarsel-Powell, a native of Ecuador. Democrats blamed it on
misinformation—specifically false threats of socialism—promoted by
local Spanish-language media outlets that tend to have politically
conservative programming. “It was a McCarthyism type of pounding,”
Shalala said in a news
article after her shocking loss to a largely unknown candidate who
lacks her name recognition.
In the aftermath of the losses a trivial Spanish-language radio station,
Caracol 1260 AM, is receiving peculiar attention over a programming shift
from federal lawmakers more than 1,000 miles away. The news-talk station is
being purchased by conservative America TeVe for $350,000.
The new owners immediately replaced Martinez, the former mayor of Hialeah,
with a conservative journalist named Juan Manuel Cao, who escaped Communist
Cuba after serving time as a political prisoner. The Cuban-born Martinez is
a prominent liberal commentator and Clinton friend who hosted a fundraising
event at his home for Hillary’s 2007 presidential campaign. His son, Raul
Martinez Jr., worked as Clinton’s Florida director of coalitions. In the
1990s the elder Martinez was convicted of extortion and racketeering for
accepting $1 million in cash and property from land developers. The
conviction was reversed on appeal and in 1993 he supposedly won an election
that a judge threw out because of voter fraud.
This week the Congressional Hispanic Caucus called on the FCC to reject the
radio station’s sale to prevent what Democrats view as a progressive
broadcast station from airing conservative viewpoints in Miami’s Hispanic
community. FCC Commissioner Brendan Carr, a Trump appointee, blasted the
lawmakers in a statement
posted on the agency’s website. “This attempt by Democrats in Congress
to pressure the FCC into blocking the sale of a Spanish-language radio
station based on the political viewpoints that it would broadcast to South
Florida’s Hispanic community crosses a line drawn by the First
Amendment,” Carr said. “The FCC has no business doing the Democrats’
bidding or using our regulatory process to censor political opinions that
Democrats do not like.” He continues to accuse the congressional
delegation of treating the FCC as an arm of the Democratic National
Committee (DNC), expressly pressuring the agency to take action that will
increase party’s electoral odds in Florida.
Indeed, Mucarsel-Powell, who lost her congressional seat after one term,
responded to a news magazine story
on the radio station sale and programming change by posting on social
media: “ To
win in 2022 this must stop!” In a separate news article a former
Obama administration official called the sale of the station to
conservatives “ a
problem for the party.” Another Obama administration official
characterized the station’s programming change as “another expanding
tentacle in the right-wing media ecosystem that is trying to implant itself
in south Florida by having ideological control of the airwaves that
Hispanic voters most listen to.” Carr, the Republican FCC commissioner,
calls Democrats’ request “a deeply troubling transgression of free
speech and the FCC’s status as an independent agency.”
Until next week …
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