COVID Docs Uncovered

[INSIDE JW]

JUDICIAL WATCH SEEKS INJUNCTION AGAINST CHICAGO MAYOR LIGHTFOOT’S
RACIST INTERVIEW POLICY

[[link removed]]

Judicial Watch attorneys this week filed a motion for preliminary
injunction
[[link removed]]
to immediately prevent Chicago Mayor Lori Lightfoot from denying Daily
Caller News Foundation reporter Thomas Catenacci’s interview request
on the basis of race.

The lawsuit
[[link removed]]
was initially filed on May 27, 2021, in the United States District
Court for the Northern District of Illinois, Eastern Division
(_Catenacci et al v. Lightfoot_
[[link removed]]
(No. 1:21-cv-02852)). Christine Svenson of Svenson Law Offices in
Chicago, Illinois, is assisting Judicial Watch with the lawsuit.

Judicial Watch details in the motion that:

Chicago Mayor Lori Lightfoot is only granting interviews to
“journalists of color” to mark the two-year anniversary of her
inauguration. Plaintiff Thomas Catenacci, a White journalist for the
Daily Caller News Foundation, requested an interview of Mayor
Lightfoot on her two-year anniversary. To date, almost two weeks after
Plaintiffs’ request and despite two follow-up emails, Mayor
Lightfoot has not agreed to an interview with Catenacci, apparently
due to the mayor’s “journalists of color” only interview policy.
The mayor’s refusal to be interviewed by Catenacci violates
Plaintiffs’ First Amendment rights and Catenacci’s right to equal
protection. Plaintiffs move for a preliminary injunction to prevent
further, irreparable harm.
On May 18, 2021, Mayor Lightfoot’s office informed multiple
reporters that she would grant one-on-one interviews, “only to Black
or Brown journalists
[[link removed]
The next day, the mayor released a letter
[[link removed]]
doubling down on her discriminatory policy. Since that time, the Mayor
has granted at least one interview request from a self-identified
Latino reporter and none to white reporters.

We sued after Catenacci, a white male, emailed Mayor Lightfoot’s
office requesting a one-on-one interview with the Mayor. The office
never replied to the request or to two additional follow up emails
from Catenacci.

The lawsuit alleges Mayor Lightfoot purposefully discriminated against
Catenacci, “because of his race by stating that she would only grant
interview requests from ‘journalists of color’….”

“There is no excuse for racial discrimination. Every day that goes
by without the Mayor granting my interview request because of my race
violates my rights and tramples on the First Amendment,” said Thomas
Catenacci.

Neil Patel, Daily Caller News Foundation president said: “It's
bonkers that we had to file this lawsuit. Chicago's mayor should not
be discriminating against journalists based on their color. That's
something that every normal American understands.”

Immediate court action is necessary to stop Mayor Lightfoot’s racist
policy.

Mayor Lightfoot is not above the law.

A hearing has been set by the court for Monday morning so we should
have news soon!

JUDICIAL WATCH LAWSUIT FOR ACCESS TO ILLINOIS VOTER ROLL DATA CAN
PROCEED

A federal court ruled
[[link removed]]
our lawsuit can proceed against Illinois officials for denying public
access to Illinois’ voter registration database.

We filed the lawsuit
[[link removed]]
on behalf of the Illinois Conservative Union (ICU) and three of its
officers, Carol Davis, Janet Shaw, and Loretta Savee, after Illinois
state officials refused to allow them to obtain a copy of the
state’s voter registration database despite their lawful request for
it under federal law (_Illinois Conservative Union et al v. Illinois
et al. _
[[link removed].
1:20-cv-05542)).

The National Voter Registration Act of 1993
[[link removed]]
(NVRA) provides that states “shall make available for public
inspection and, where available, photocopying at a reasonable cost,
all records concerning the implementation of programs and activities
conducted for the purpose of ensuring the accuracy and currency of
official lists of eligible voters.”

When members of the ICU sought access to Illinois’ voter list,
however, they were outrageously told they must view the database one
record at a time, on a single computer screen, during “normal
business hours,” at the State Board of Elections office in
Springfield, Illinois, which is 200 miles from where they live. There
are over 8 million voter registrations in Illinois. We argued that
Illinois’ arbitrary restrictions “make a mockery” of federal
law, “as much as a requirement that Plaintiffs wear blindfolds.”

United States District Court Judge Sara L. Ellis ruled that
“Plaintiffs have plausibly alleged that” Illinois law “conflicts
with” and “and frustrates the NVRA’s purpose of providing voter
information to the public to help ensure the accuracy and currency of
voter registration rolls.” She also allowed a claim to proceed under
the Equal Protection Clause of the Fourteenth Amendment, on the ground
that political committees in Illinois can access copies of the voter
registration database while ordinary citizens cannot.

The claims will proceed against Illinois’ chief state elections
official, Bernadette Matthews, the Acting Executive Director of the
Illinois State Board of Elections. The Court directed further briefing
on whether NVRA claims can proceed against the Board itself and the
State of Illinois under the doctrine of sovereign immunity.

Dirty voter rolls can mean dirty elections – which is one reason why
federal law requires access to voting rolls. This court ruling further
affirms that Illinois voters and citizens have a right to review
election rolls under federal law. Illinois’ stubborn and unlawful
refusal to make them available suggests the state knows the rolls are
a mess.

Judicial Watch is a national leader for cleaner elections.

In 2020, we sued North Carolina
[[link removed]],
Pennsylvania
[[link removed]],
and
Colorado
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for
failing to clean their voter rolls.

In 2018, the Supreme Court upheld a voter-roll cleanup program that
resulted from a Judicial Watch settlement of a federal lawsuit with
Ohio
[[link removed]].
California settled
[[link removed]]
a federal lawsuit with us and in 2019 began the process of removing up
to 1.6 million inactive names from Los Angeles County’s voter rolls.

Kentucky
[[link removed]]
also began a cleanup of hundreds of thousands of old registrations
after it entered into a consent decree to end another Judicial Watch
lawsuit. In September of last year, the U.S. District Court for the
Eastern District of Kentucky agreed
[[link removed]]
to
extend the consent decree through 2025 after finding that that
Kentucky’s former Democrat Secretary of State Alison Lundergan
Grimes breached its terms
[[link removed]]
by delaying sending out voter notices, which allowed the names of
people who have died or moved away to remain on the Commonwealth’s
voter rolls.

In October 2020, we released a study
[[link removed]]
that found 353 counties nationwide that had more voter registrations
than citizens old enough to vote, i.e., counties where registration
rates exceed 100%. These counties combined had about 1.8 million
registrations over the 100%-registered mark.

Judicial Watch Attorney Robert Popper is the director of Judicial
Watch’s election integrity initiative. We are being assisted in
Chicago by Stephen F. Boulton of Anthony J. Peraica & Associates, Ltd.

NEW DOCUMENTS DETAILS SECRECY DEAL FOR TOP OFFICIAL INVOLVED IN
MICHIGAN COVID RESPONSE

Unsurprisingly, little work has been done by the corrupted leftist
media to investigate the responses of the various states to COVID.
And, once again, Judicial Watch steps into this oversight gap.

We received 1,221 pages
[[link removed]]
of records from the Michigan Department of Health and Human Services
related to the settlement agreement of Department Director Robert
Gordon, which amounted to nine months’ severance ($155,506
[[link removed]]),
and “includes a confidentiality clause that bars Gordon or state
officials from sharing further details about his departure, ‘unless
required by law.’”

Other records show that Gordon warned of the “freedom crowd” in a
discussion about mask mandates, and that controversial consultant
Frank Luntz was consulted on COVID messaging.

Gordon was subpoenaed
[[link removed]]
by the Michigan House Oversight Committee over his separation
agreement, which wants “to know whether he differed with the
governor on a policy position and whether that information in some way
led to his departure.”

The records also shed light on Michigan’s COVID-19 restrictions and
lockdowns.

We received the records in response to a March 5, 2021, Michigan
Freedom of Information Act (FOIA) request for:

* All emails related to COVID-19, vaccines, masks, school closures,
and/or business restrictions sent between former Michigan Department
of Health and Human Services Director Robert Gordon and the following
officials: Governor Gretchen Whitmer, Lt. Gov. Garlin Gilchrist, Chief
Legal Counsel Mark Totten and/or Chief of Staff JoAnne Huls;
* All emails between Gov. Whitmer and Chief of Staff Huls regarding
the resignation or termination of Director Gordon; and
* All DHHS human resources records related to the
resignation/termination of employment of Robert Gordon as Director of
Michigan’s Department of Health and Human Services, including but
not limited to separation agreements, whether in draft or final form.

Among the records received by Judicial Watch is a document
[[link removed]]
titled “SEPARATION AGREEMENT & RELEASE Between the State of Michigan
& Robert Gordon,” which reveals that although Gordon “resigned
voluntarily,” the settlement agreement was signed to release “all
claims against Employer arising out of his employment.” The
agreement provides that Michigan will pay him “the sum of
$155,506.05, which represents 9 months of salary and COBRA
payments.”

The settlement agreement also provides that:

In the interest of protecting deliberations among government
officials, the parties agree to maintain confidentiality regarding
Employee’s departure from employment unless required by law to
release such information.

***

[Gordon] is presently named as a Defendant, in both his official and
individual capacity, in various lawsuits currently pending and arising
out of his appointment to and service as the Director of the Michigan
Department of Health and Human Services.

***

[Michigan] will provide legal representation for Employee in matters
relating to actions taken by Employee while in the course of his
employment and while acting within the scope of his authority.”

***

[I]n the event a [court] settlement is reached or judgment is entered
against Employee, Employee may seek indemnification for damages
awarded based upon actions taken by Employee in the course of his
employment and while acting within the scope of his authority. In
response to such request, Employer will not unreasonably withhold
indemnification.
The new records also include information regarding Michigan’s
COVID-19 response.

In a June 24, 2020, email
[[link removed]]
with
the subject line “outdoor masks,” Gordon writes:

Saw this
[[link removed]]
depressing
Detroit clip just now. Gov. Newsom last week issued
[[link removed]]
an
order requiring masks in public spaces, indoor and outdoor. We have
not done the outdoor piece. Wonder if we should.

As best I can tell, experts are still unclear on level of outdoor
transmission, and lack of spike in heavy protest areas gives hope. On
the other hand, the protestors largely did wear masks, and recent
evidence
[[link removed]]
on
masks overall is strong.

Message would be not that we want to stop reopening, but rather that
we want to sustain it versus the scary turn in other states. Realize
we will run into the “freedom” crowd, but we could even make the
order without penalties. This is not about force of state, but about
breaking through with a signal that changes norms. In fantasy world
there are prominent Republicans who agree to be reasonable here, like
in this video, but based on the Detroit clip, getting a diverse urban
group on board would help too.
In an April 5, 2020, email
[[link removed]]
to Gordon and others, under the subject line, “Michigan Apex
Clarification Importance: High,” Public Information Officer Lynn
Sutfin
[[link removed]]
reveals
the Department’s reliance on the assumptions of Imperial College
[[link removed]]
to
make “rough projections” about COVID-19 and discloses that the
Department is working with the McKinsey Group
[[link removed]],
a global consulting firm, all to support the Governor’s lockdown
orders. Additionally, she references COVIDACTNOW.ORG
[[link removed]]
and IHME
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as
working with the Department.

In a March 21, 2020, email
[[link removed]]
from
Chief Medical Executive, Khaldun predicts that over the next 2-4 weeks
there will be “about 6.9 million people in Michigan who become
infected across all ages (70% of population), 1 million of those will
need hospitalization, and 435,000 of those will require an ICU stay. A
subset of the ICU cases will unfortunately die, but I do not have that
estimate at this time.” (The actual inflection and death numbers
turned out to be far less
[[link removed]].)

In a December 4, 2020, email to colleagues, Gordon forwards the
results of a survey conducted of Michiganders taken from November 20
– December 1 focusing on COVID-19 vaccines and tells them there are
“big challenges ahead.”

* There is significant reluctance toward COVID-19 vaccine adoption,
with 66% saying they are likely to get a COVID-19 vaccine, but only
43% “very likely”
* Attitudes toward the COVID-19 vaccine vary widely by demographic
group, with more men saying they are “very likely” to get the
vaccine (51%) than women (35%)
* Age is a key factor in how likely someone is to get the vaccine,
with over 62% of respondents 65+ reporting that they are “very
likely” to get the vaccine (higher than younger age groups)
* There are also striking differences in vaccine adoption by race,
with white respondents far more likely to say they are “very
likely” (47%) to get the vaccine than are black respondents (25%)

The records show that Gordon was in contact with Dr. Ezekiel (Zeke)
Emanuel, a bioethicist who served as Special Advisor for Health Policy
at Office of Management and Budget during the Obama administration and
as a member of then-President Elect Joe Biden’s Public Health
Advisory Committee
[[link removed]].

In a March 27, 2020, email
[[link removed]],
Emanuel, acting as an advisor to the Whitmer administration,
introduces Gordon to Sacha Samotin, a principal in a company called
Applecart, urges the State of Michigan to hire.
Admitting he has an investment in Applecart, Emanuel tells Gordon:

[Applecart] uses social media and behavioral economic techniques –
prompts by people you know – to get people to vote and do other
socially positive things.

He has had some great ideas about how to do that for COVID-19. This
might address your PR campaign issues.

In full disclosure, I have an investment in Sacha’s company. But
that is because it is super effective at what it does.
Gordon responds positively to Emanuel after Samotin reaches out to
him, saying “Please give me a call.” Samotin then sends Gordon a
“concept memo” on Applecart and what it does. Gordon forwards the
email exchange and concept paper on to Whitmer’s chief legal
counsel, Mark Totten, and others, saying, “I think the PR and ad
partners could be key for raising our game.”

The memo labeled “CONFIDENTIAL: NOT FOR DISTRIBUTION,” promotes
Appleacart:

[A] leading NYC-based data science company that builds dense,
accurate, and actionable maps of real-world relationships between
individuals using publicly available data and a proprietary Social
Graph platform. Applecart’s Social Graph catalogues more than 25
billion social relationships between 250M+ Americans.

***

To assist in the efforts to combat COVID-19, Applecart can use its
Social Graph to generate high-value custom advertising audiences
comprised of people who have personal or professional relationships
with major company executives or state and local government officials.
These audiences can be targeted with either a) the latest information
about the actions that companies and governments must take to prevent
the spread of Coronavirus or b) negative news stories that criticize
the companies and governments for their inaction, in order to spur
action.

***

Applecart can work to counter the threat of harmful misinformation by
generating custom audiences comprised of the personal and professional
networks surrounding key local and national reporters, editors, news
producers, and other influential decision makers in media. Using these
audiences, those fighting to stop the spread of Coronavirus can
promote the latest public health information or pushback on widespread
misinformation to the networks surrounding members of the media. This
approach will ensure the high visibility of accurate information about
how to prevent the spread of virus and will counter misinformation
within the networks that surround and inform journalists. Ensuring
that members of the media and those they trust are getting the latest,
high quality information is the best way to ensure that the public at
large receives the same.

***

Applecart can mine its Social Graph to assemble lists of employees of
restaurants, bars, movie theaters, and other businesses that have been
mandated to close during the COVID-19 crisis and make these lists
available to government agencies, as well as grocery stores,
pharmacies, and other businesses, who may be in need of extra labor
during a time of extraordinary demand.

***

Applecart can mine its Social Graph to identify a list of Americans
over the age of 65 and, for each, their closest neighbors under the
age of 40. Public and private sector actors looking to combat COVID-19
can then call or text the neighbors, in order to enlist them as
volunteers to procure and deliver food and medicine to their older
neighbors, while they are sheltering-in-place.
Also on March 27, Gordon emails
[[link removed]]
Governor
Whitmer:

Good morning, Governor.

Just wanted to share – I talked with Josh Sharfstein from Johns
Hopkins last night about what more we can do in light of the urgent
situation in and around Detroit. His advice was that while we are
doing the right things on surge, we should not lose sight of potential
more active steps on social distancing. Even small gains will help,
even if mostly to bring down the peak sooner. Brainstormed ideas with
Josh and then with Zeke Emanuel, who made the connection [to
Applecart] below. (Aware of procurement issue and have thoughts.)
On April 12, 2020, Gordon asks
[[link removed]]
Emanuel:


What’s your case for a mask mandate, even with DIY [do it yourself]
masks? Is it that masks themselves reduce spread or that wearing masks
changes other behavior, and is there evidence on the latter?
Emanuel replies:

Yes probably worth it – lots of studies. Not as good as N95 but
really does cut down on droplets spread and absorption, plus reminds
people f [sic] public health.
On April 14, Gordon emails
[[link removed]]
Whitmer’s
Chief Legal Counsel Mark Totten, Deputy Chief of Staff Zack Pohl and
University of Michigan Law Professor Nick Bagley revealing the
procurement issues with Applecart were overcome and Emanuel’s
recommended company has been hired:

Our vendor Applecart reported based on their data collection for us
that we are doing very well on our messaging on social distancing and
hand washing—but not on masks. Most people don’t see the need.
Appears to be an aspect of social distancing where we have room for
growth. And valuable both for intrinsic public health benefits (about
which much written at this point) and for signaling effect on
behavior.

Great if this could be an order; also meaningful would be a symbolic
statement like wearing a mask at a press conference. Here’s RI
Governor today. Also could amp up MiMask challenge, which launched
with a bang but seems to me dormant right now.
On December 1, 2020, Gordon forwarded
[[link removed]]
to
Whitmer’s chief of staff a PowerPoint summary on COVID political
messaging, “Changing the COVID Conversation,” put together by
pollster Frank Luntz working with a company called de Beaumont
Foundation, based on a survey of 1,100 Americans. They “tested
specific words, sentences, phrases, and attributes Americans need to
hear to change their behavior and stop the spread of the
coronavirus.” A significant part of the report analyzed
Democrat-vs.-Republican responses. For example, one of several
“warnings” Luntz emphasized, “Many Republicans refuse to follow
guidelines because they argue the science keeps changing. It’s up to
you to communicate – at the outset – that the science is
settled.”

Much of the Luntz Report deals with wordsmithing. A table
[[link removed]]
in
the report categorizes words as “Words to Use” and “Words to
Lose.” For example, use “protocols” and lose “orders &
decrees;” use “social distancing” and lose “physical
distancing.” Another Luntz recommendation is to “Call It the
Pandemic,” based on his surveys that found the word “pandemic”
is “more significant, serious, and scary” than the alternatives
“COVID-19” and “The Coronavirus.”

The survey
[[link removed]]
of
1,100 people, which included an “oversample of 300 African
Americans,” found that there was a “chasm” between Republicans
and Democrats on COVID, and “In every possible way, Democrats and
Republicans think differently and act differently.” Luntz said they
“tested specific words, sentences, phrases, and attributes Americans
need to hear to change their behavior and stop the spread of the
coronavirus.” When asked the survey question, “Which is more
important to you regarding COVID-19?” survey respondents outranked
“Health” to “Liberty” by 48% to 13%. Among African Americans,
54% responded “Health” and 6% said “Liberty.”

Based on his findings, Luntz had a series of “insights
[[link removed]
he offered:

Nothing scares
[[link removed]]
GOPers
more than an IRS audit‚ except testing positive for COVID.

***

Despite vocal criticism from President Trump, President-elect Joe
Biden was rewarded
[[link removed]],
not punished for “staying in his basement” for two months.

***

There are only two
[[link removed]]
trusted
organizations and people – the CDC and Dr. Anthony Fauci. No one
else is close. And don’t forget to utilize survivors of Covid as
well. Congress also lacks credibility.

***

If you want Republican buy-in, you must make the case that
the science is settled
[[link removed]]
and
that everyone now agrees.

***

Say “Public
[[link removed]
Not “Government”
An April 2, 2020, email exchange
[[link removed]]
among
top Michigan government, National Guard and state police officials
shows heightened concern over the failure of Michigan to utilize Trump
administration-approved military personnel to help respond to
COVID-19, while other states had already brought in thousands of
troops. In one email, Major Gen. Paul Rogers, head of the Michigan
National Guard, tells his colleagues:

This is a critical need. We must act quickly to request support on
behalf of Michigan. I actually thought this request went out
yesterday.
After listing states where thousands of military troops had been sent
to other states, he notes: “Michigan has Zero!”

Gordon then forwards the exchange on to JoAnne Huls, Whitmer’s chief
of staff, saying:

You should read this chain. Big Problem. Just discussing with General
Rogers. Wondering if you want to intervene with MSP [Michigan State
Police] tonight.
These documents show the ugly and cynical approach by Michigan state
officials to COVID – using tax dollars to buy secrecy and manipulate
public opinion.

JUDICIAL WATCH REPRESENTS CENTER FOR MEDICAL PROGRESS AGAINST HHS OVER
THE USE OF HUMAN FETAL TISSUE

We are representing The Center for Medical Progress
[[link removed]]
(CMP), which
filed two separate Freedom of Information Act (FOIA) lawsuits against
the Department of Health and Human Services (HHS) for grant
applications related to the use of human fetal tissue (_Center for
Medical Progress v. U.S. Department of Health and Human Services_
[[link removed]]
(No. 1:21-cv-00641)); (_Center for Medical Progress v. U.S. Department
of Health and Human Services_
[[link removed]]
(No. 1:21-cv-00642)). CMP is responsible for the 2015 series of
undercover videos exposing the harvesting and trafficking of aborted
fetal body parts at Planned Parenthood.

The first lawsuit was filed after HHS had provided 214 pages of
records in response to an April 28, 2020, FOIA request and withheld
additional records without giving any reason for the withholdings. The
FOIA request asked for grant applications related to two separate
Brain and Tissue Repositories
[[link removed]].

The second lawsuit was filed after HHS failed to respond to an April
28, 2020, FOIA request seeking the grant applications for a University
of Pittsburgh “tissue hub and collection site,” a mouse and human
kidney development project that utilizes human tissue and a molecular
mapping project that uses human tissue to map cell types along the
urethra.

Both requests identified each grant application by project name and by
project number and included both the name of the Project Investigator
(PI) and a hyperlink to the location on NIH’s website where an
abstract of the project could be found.

David Daleiden, founder and executive director of The Center for
Medical Progress, stated, “The full truth about barbaric
government-sponsored experiments on aborted children has yet to be
revealed to the American people who have been forced to subsidize it.
When the facts are uncovered, federal courts are recognizing ‘There
is reason to question the lawfulness of the transactions’ where
aborted baby body parts are traded like widgets on an assembly line.
We are proud to stand with Judicial Watch in seeking transparency and
accountability for taxpayer-funded trafficking of aborted fetuses.”

Let me add that when the federal government conducts shocking research
that involves human fetal tissue, Americans have a right to know basic
information about where these human remains come from, who is
providing them, how they are acquired and why the research is
necessary.

Here’s some important background.

In March 2021, a federal court ordered
[[link removed]]
HHS to release additional information about its purchases of organs
harvested from aborted human fetuses. The court also found “there is
reason to question” whether the transactions violate federal law
barring the sale of fetal organs.

In May 2021, we announced that we had uncovered
[[link removed]]
records from the FDA showing the agency spent tens of thousands of
taxpayer dollars to buy human fetal tissue from California-based
Advanced Bioscience Resources (ABR). The tissue was used in creating
“humanized mice
[[link removed]
to test “biologic drug products.” The records show the agency
ordered shipments to be “fresh; shipped on wet ice.”

In June 2020, we released records
[[link removed]]
showing the FDA between 2012 and 2018 entered into eight contracts
worth $96,370 with Advanced Bioscience Resources (ABR) to acquire
“fresh and never frozen” tissue from 1st and 2nd trimester aborted
fetuses for use in creating humanized mice for ongoing research. In
February 2020, we made public
[[link removed]]
additional humanized mice records.

In June 2019, The Trump administration announced
[[link removed]]
that it would
“discontinue intramural research (i.e., internal) projects involving
fetal tissue from elective abortions at the National Institutes of
Health (NIH), and (would) add additional ethics review for new
extramural research (i.e., external) involving such tissue.”

In August 2020, _Science Magazine_ reported
[[link removed]]
that the Trump administration’s Human Fetal Tissue Research Ethics
Advisory Board
[[link removed]]
rejected 13 of 14 studies that used human fetal tissue. The Biden
administration announced on April 16, 2021, that it would again allow
[[link removed]]
taxpayer funding of this controversial research.

The Center for Medical Progress is a group of citizen journalists
dedicated to monitoring and reporting on medical ethics and advances.
They are concerned about contemporary bioethical issues that impact
human dignity, and oppose any interventions, procedures,
and experiments that exploit the unequal legal status of any class of
human beings. They envision a world in which medical practice and
biotechnology ally with and serve the goods of human nature and do not
destroy, disfigure, or work against them.

Until next week …





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