Judicial Watch Senior Attorneys Testify
before Congress on Election Integrity and Reform
Judicial Watch is and has been a national leader in defending the rule of
law – especially in election integrity. This leadership is evident in the
remarkable news that, this week, two of our voting law experts testified to
both House and Senate committees on pending legislation that could gut free
and fair elections.
Senior Attorney Robert Popper testified before the U.S. House Judiciary
Committee’s Subcommittee on the Constitution, Civil Rights, and Civil
Liberties during a hearing titled “The Implications of Brnovich v.
Democratic National Committee and Potential Legislative Responses.”
Bob leads our election law efforts and his fully prepared statement is
available on our website.
You can watch the hearing here.
Senior Attorney T. Russell Nobile testified on the same topic before the
U.S. Senate Judiciary Committee’s Subcommittee on the Constitution in a
hearing titled “Restoring the Voting Rights Act after Brnovich
and Shelby County.” His remarks are available here
and you can watch the testimony here.
The ostensible purpose of that hearings was to consider whether
congressional action is called for in the aftermath of the Supreme
Court’s 2013 landmark ruling in Shelby
County v. Holder (570 U.S. 529) and its recent ruling in Mark
Brnovich, Attorney General of Arizona, et al. v. Democratic National
Committee, et al. (Nos. 19-1257 & 1258).
In Shelby,
the court rejected forcing states to be under the thumb of the DOJ based
upon voting/race data from the 1960s. The court struck down Section 4(b) of
the Voting Rights Act of 1965 (VRA), which provided the “coverage
formula” that determines which states and local governments are subject
to a preclearance requirement under Section 5. Section 4(b) required
certain states and local governments to obtain a predetermination by the
United States Attorney General or a three-judge panel of the U.S.
District Court for the District of Columbia affirming that changes to their
voting laws or practices do not “deny or abridge the right to vote on
account of race, color, or membership in a language minority group”
before those changes could be enforced.
In Brnovich,
the court considered two Arizona election policies, one outlawing ballot
harvesting and the other banning out-of-precinct voting. The court ruled that
neither of these election policies violated the Voting Rights Act nor had a
racially discriminatory purpose. We joined with Allied Educational
Foundation (AEF) to file an amici curiae (friends of the
court) brief in
this case, arguing that the parties challenging Arizona’s clean election
laws “utterly failed” to show that the challenged voting procedure
caused minorities to have less opportunity to participate in the political
process and to elect representatives of their choice. The court agreed.
Reacting to the court’s ruling in Brnovich, I called the
court’s decision “a home run for cleaner elections, reaffirming that
states may take action to prevent election fraud without waiting for it to
occur within their own borders. This new decision rightly rejects the
race-baiting of the leftist partisans who pretend that neutral provisions
to combat voter fraud (such as voter ID and bans on ballot harvesting) are
presumptively racist. The decision also destroys the foundation of the
Biden administration’s recent attack on Georgia’s election reform
laws.”
For more than 25 years, we have been known for our aggressive, leading-edge
use of public records laws and lawsuits, as well as taxpayer, civil rights
and whistleblower protection litigation to fight government corruption. We
are a national leader in voting integrity and voting rights. As part of
this effort, we assembled a team of highly experienced voting rights
attorneys who have fought gerrymandering in Maryland, stopped
discriminatory elections in Hawaii, and cleaned up voter rolls in
California, Ohio, Indiana, and Kentucky, among other
achievements.
In his prepared remarks, Popper notes:
One hears—and large news outlets dutifully report—that there is a
“tsunami” of legislation “restricting the right to vote,” that
states reforming their mail-in voting laws as COVID retreats are engaged in
“voter suppression,” and even that these actions represent “the new
Jim Crow.” These claims are preposterous. At best, they reveal
a startling historical ignorance. The grandfather laws, absurd
literacy tests, poll taxes, intimidation and terroristic violence of the
Jim Crow era have nothing whatever to do with, say, Ohio’s restriction of
early voting from 35 to 29 days, or with limiting same-day
registration. Nor do they have anything to do with regulating absentee
ballots, out-of-precinct voting, or voter ID requirements, all reasonable
electoral integrity measures approved by the Carter-Baker
Commission.
At worst, these statements reveal a startling cynicism, driven by a desire
to inflame passions—and to raise funds. Those who talk this way are
being irresponsible.
In his testimony, Nobile provided historical evidence:
Data, not pop culture nor hyperbole from
those that oppose race-neutral election integrity laws, tells the true
story of ballot access in America. To objectively evaluate whether racial
minorities have an equal opportunity to participate in the electoral
process, you must look at racial registration and turnout data. Looking at
the most recent data, the opportunity to participate is exponentially
better now than it was in 1965. Based on this data, it is hard to contend
that Section 5 needs to be expanded as proposed in H.R. 4.
Registration.
Current data shows that black registration has completely rebounded and, in
some instances, exceeds White registration rates. In fact, the data shows
that eight years after Shelby County, registration disparities in Texas,
Florida, North Carolina, Louisiana, and Mississippi – all previously
covered (in whole or part) by Section 5 – are all below the national
average. In fact, black registration in Mississippi is 4.3% higher than
White registration. Registration disparities in these former Section 5
states are lower than the disparities in California, New York, Connecticut,
D.C., Delaware, and Virginia. In fact, the four biggest registration
disparities, i.e., where White registration most exceeds black
registration, are found in Massachusetts, Wisconsin, Oregon, and Colorado,
all of which President Biden won in 2020.
The specifics of the legislation aside, the Left and its partisan allies
are engaged in a cynical, race-baiting assault on free and fair elections.
Judicial Watch is in federal court, in the public square – and before
Congress – to educate and litigate on your behalf to protect our election
system from this dangerous assault.
Judicial Watch Sues for Records of Critical Race Theory Training at
West Point
Our military classrooms are being invaded by Marxist nonsense. And we’re
taking action. We just filed a FOIA lawsuit against the Department of
Defense for all records related to diversity, inclusion, and equity
training for first-year cadets entering West Point (Judicial
Watch v. U.S. Department of Defense (No. 1:21-cv-01795)).
We sued after the United States Military Academy failed to respond to an
April 6, 2021, FOIA request seeking:
- Copies of all diversity, inclusion, and equity training materials for
first-year Cadets entering West Point. This includes lists of reading
materials and presentation materials that promote diversity, inclusion, and
equity for first-year Cadets.
- Copies of all contracts between the U.S Military Academy and any
organization or company responsible for coordinating and implementing
diversity, inclusion, and equity programs and training for Cadets at the
United States Military Academy.
In April, Congressman Mike Waltz (R-Fl), a West Point graduate, made public
“examples of Corps of Cadets being mandated to attend seminars and
presentations on critical race theory that included inflammatory lessons
and presentations that are detrimental to the mission and morale of the
U.S. Army.”
In a public
letter to the superintendent of the U.S. Military Academy at West
Point, Waltz demanding information about the mandated critical race theory
training for cadets:
Information has recently come to my attention from unsettled soldiers,
cadets, and families that raises serious concerns about the U.S. Army’s
introduction of elements of critical race theory into cadet
instruction…In February this year, I understand the U.S. Military Academy
under your leadership required cadets to attend a mandatory seminar on
“Diversity, Equity, and Inclusion.” According to the schedule I
received, cadets ‘MUST attend at least one of the seminars.
---
I was provided a presentation slide from
one of the workshops with the title of ‘White Power at West Point’ and
‘Racist Dog Whistles at West Point.’ Additionally, another presentation
slide shared with me depicted a lecture by Dr. Carol Anderson of Emory
University with the title “Understanding Whiteness and White
Rage.”
Critical race theory is racist, anti-American, and repackaged Marxism. It
has no place in our military, let alone the storied heights of West Point.
The Pentagon needs to immediately follow the FOIA law so the American
people can fully understand and stop the extremist indoctrination of the
U.S. Army’s rising leadership at West Point.
New VA Records Document CRT Wording in Vaccine Plan
Critical race theory has also crept into the healthcare our veterans
receive, we’ve learned.
This disturbing find is in 75
pages of records from the Department of Veterans Affairs that included
a
section focused entirely on race titled “Addressing health
inequities.”
The documents also detail the adverse reactions veterans had to the
COVID-19 vaccines. As of April 2021, Veteran’s Health Services reported
895 serious reactions which included: 20 cardiac arrests, 36 strokes, 15
cases of deep vein thrombosis, 10 heart attacks, and 19 pulmonary
embolisms. They also reported over 26,000 less serious reactions. The
agency withheld
individual report details, citing alleged privacy and related issues. To be
clear, the fact that an adverse event is reported does not necessarily mean
there is a causal link between a vaccine and the reported adverse event.
The documents were obtained through a Freedom of Information Act (FOIA)
request on April 14, 2021, for:
- All reports related to any adverse reaction to any COVID-19 vaccine
administered at any Department of Veterans Affairs medical facility. This
request includes, but is not limited to, any such reports transmitted to
the Vaccine Adverse Events Reporting System (VAERS).
- All policies, regulations, or other guidance documents regarding the
reporting and/or tracking of adverse reactions to COVID-19 vaccines.
A document titled “Vaccine Adverse Event Reporting” includes multiple
charts documenting what the VA describes as serious and non-serious
reactions to the COVID-19 vaccine. There have been 895 reports of serious
events. These events include “Events where Death, hospitalization, and/or
Life-Threatening Event is marked as an outcome.” There were 24,585
non-serious events. You can see the chart details here.
- A total of 20 cardiac arrests, 36 strokes, 15 cases of deep vein
thrombosis, 10 heart attacks, and 19 pulmonary embolisms were reported for
employees and veterans who took one of the three vaccines.
Johnson & Johnson vaccine adverse event reports include five
cerebrovascular accidents, four cases of deep vein thrombosis and three
pulmonary embolisms for veteran patients.
- Moderna vaccine adverse event reports include 15 cardiac arrests, 16
cerebrovascular accidents, five cases of deep vein thrombosis, five
myocardial infarctions and seven pulmonary embolisms for veteran patients.
Employees who took the vaccine reportedly suffered five cerebrovascular
accidents, four cases of deep vein thrombosis, two myocardial infarctions
and two pulmonary embolisms.
- Pfizer vaccine adverse event reports include five cardiac arrests, 10
cerebrovascular accidents, one case of deep vein thrombosis, three
myocardial infarctions and seven pulmonary embolisms for veteran patients.
There was one case of deep vein thrombosis in an employee.
A section
titled “Addressing health inequities” reports that the COVID vaccine
allocation was prioritized to persons of color, in part, because of
“social injustices”:
National U.S. data show that COVID-19 has disproportionately affected
persons of color ... This is attributed to social injustices that create a
higher disease burden and shorter lifespan in this population …
attributed this partly to the concept of “weathering,” that lifelong
exposure to the stresses of racial disparity and injustice manifests in
greater physical and psychological disease burden and less ready access to
quality health care and health-related resources. In addition, persons of
color are more likely to work and live in settings with higher exposure to
SARS-CoV-2. That is, merely being Black or Hispanic or Native American does
not cause one to more easily contract SARS-CoV-2. Rather, the lifetime
social disadvantages experienced by persons of color make them more likely
to have health problems that predispose them to contract SARS-CoV-2and more
often suffer serious or fatal outcomes. Thus, these individuals, along with
others who are at risk for suffering serious or fatal illness due to the
presence of comorbidities, will be prioritized for COVID-19 vaccine per the
allocation plan as a consequence of risk factors.
The VA in a letter to us notes
that “all COVID-19 vaccine reactions are reported to the Food and Drug
Administration (FDA) and the Center for Disease Control (CDC) via their
FDA/CDC VAERS database. PBM advised that VAERS Data is available publicly
on the Health and Human Services website at: VAERS
- Data (hhs.gov). As the VAERS website notes:
When evaluating data from VAERS, it is important to note that for any
reported event, no cause-and-effect relationship has been established.
Reports of all possible associations between vaccines and adverse events
(possible side effects) are filed in VAERS. Therefore, VAERS collects data
on any adverse event following vaccination, be it coincidental or truly
caused by a vaccine. The report of an adverse event to VAERS
is not documentation that a vaccine caused the
event.)
Despite the censorship and suppression by the Biden administration and Big
Tech, the American people benefit from more, not less, information about
the safety and efficacy of the COVID-19 vaccines. These new documents show
that politics and a pernicious critical race theory approach infects VA
decision-making on the allocation of health resources to veterans.
‘Temporary’ Reprieve Extended for Five Groups of Illegal
Immigrants
Following in President Obama’s footsteps, President Biden is unnaturally
eager to abuse immigration law on behalf of illegal immigrants, including
those from a nation dubbed a “hotbed of terrorism.” Here are the details
from our Corruption Chronicles blog.
In its short tenure, the Biden administration has extended a special
reprieve for five different groups of illegal immigrants living in the U.S.
The most recent was renewed a few days ago for thousands of people from
Yemen, the Middle Eastern Islamic nation well known as an Al Qaeda breeding
ground. Officially, the provisional amnesty is known as Temporary Protected
Status (TPS), a humanitarian measure designed to shield undocumented aliens
from deportation during emergencies. It is supposed to be a short-term
solution for foreign nationals that do not qualify as refugees but cannot
immediately return home because of difficulties caused by factors such as
violence, natural disasters, or political and economic instability. TPS,
which is typically granted in 18-month increments, not only protects
foreign nationals from deportation it also allows them to work in the
U.S.
The Obama administration went crazy with TPS, renewing it for tens of
thousands of Hondurans and Nicaraguans more
than a decade and a half after a hurricane hit the Central American
nations, prolonging it
for Africans two years after originally issuing it due to Ebola, and
repeatedly restoring it for tens of thousands of Haitians years after an
earthquake struck the island. During its two terms, the Obama
administration never
missed an opportunity to offer illegal immigrants reprieve, using
inclement weather in the U.S., a virus, natural disasters and tainted water
in an American city to extend the perk. Nationals of Yemen have been
protected by both Democrats and Republicans, receiving TPS over “ongoing
armed conflict” under Obama and two extensions under Trump.
A few days ago, the Biden administration renewed the
TPS for Yemenis yet again, protecting approximately 2,180 people. “Yemen
continues to experience worsening humanitarian and economic conditions that
prevent individuals from safely returning to their homes,” said Homeland
Security Secretary Alejandro Mayorkas in a statement announcing
the “re-designation.” He added that the administration “will continue
to protect and offer these individuals a place of residency temporarily in
the United States.” The measure will protect Yemenis who previously
benefitted from TPS through March 2023 and will allow about 480 additional
Yemenis to qualify. It marks the fifth TPS extension issued by the Biden
administration since taking office this year. In January TPS was extended
for 6,700
Syrians and 1,800 additional Syrians were allowed to file
applications for the 18-month reprieve. In early March 320,000 Venezuelans
received TPS for 18 months and in mid-March, Burmese
nationals got it for the same period after a military coup and
security forces’ violence against civilians. Later in March, the
administration extended
TPS yet again for more than 100,000 Haitians over the economic
crisis that persists more than a decade after the earthquake that provoked
the original TPS.
Yemen was first designated for TPS
by the Obama administration in 2015 after a northern opposition
group called Houthis initiated a violent, territorial expansion across the
country and forced Yemeni government leaders to exile in Saudi Arabia. When
it expired, the Obama administration extended it another 18 months on the
“ dual
bases of ongoing armed conflict and extraordinary and temporary
conditions.” When that second extension expired, the Trump
administration renewed it twice, first under Homeland Security Secretary
Kirstjen Nielsen in 2018 and again under acting Secretary Chad Wolf. The
latest extension is warranted because, although it is in its seventh year,
the protracted conflict has shown no sign of abating and fighting between
Houthi and government forces continues, according to a Federal
Register announcement
issued this month.
Yemen is a hotbed of terrorism that serves as the headquarters of Al Qaeda
in the Arabian Peninsula (AQAP). Nevertheless, shortly after getting
elected President Biden revoked the
terrorist designation of a Yemen-based militant group, a move that was
followed by a fat “humanitarian assistance” check from American
taxpayers. The Federal register bulletin
announcing the group’s (Ansarallah, also known as Partisans of God)
terrorist classification says it has committed or has attempted to commit,
or poses a significant risk of committing, or has participated in training
to commit, acts of terrorism that threaten the of U.S. nationals or the
national security, foreign policy, or economy of the United States. The
international community strongly opposed classifying Ansarallah as a
terrorist entity, asserting it would come with repercussions
for humanitarian operations. Days after rescinding the terrorist
designation, the Biden administration gave Yemen $191
million in assistance.
Border Patrol Agent Helps Smuggle Illegal Immigrant, Drugs Through
Texas Checkpoint
Follow the money. That’s pretty much all you need to know about drug and
people smuggling on our southern border. And – no surprise here – the
risk of all this dirty money is that government officials are too often
compromised. Our Corruption Chronicles blog tells one such story.
As if enough drugs and illegal immigrants are not already being trafficked
into the U.S. through Mexico, a federal agent has been arrested and charged
after helping smugglers pass cocaine and an undocumented alien through a
Texas border crossing. His name is Oberlin Cortez Peña, and he works for
the U.S. Border Patrol (BP), the frontline Homeland Security agency charged
with keeping terrorists and their weapons out of the U.S., protecting the
American people, and safeguarding our borders. On two separate occasions,
Peña took $1,000 in exchange for helping a vehicle carrying at least five
kilograms of cocaine through the checkpoint in Falfurrias, Texas, federal
prosecutors say. The crossing is situated in an area north of the Rio
Grande River that federal authorities say is the nation’s busiest for
“ alien
and narcotic traffic” Peña “utilized his knowledge as a BP agent
in acting as a scout and providing information about the inspection lanes
and which one to utilize,” according to a statement issued
by the Department of Justice (DOJ) this month.
The disgraced federal agent, who is 22 years old, also gave smugglers
detailed instructions on how to conceal the drugs in a motor vehicle and
tactics to distract the BP canine unit at the checkpoint. Authorities
launched an investigation in the middle of June after receiving information
that a BP agent was involved in human smuggling, according to a federal
complaint. The feds set up a sting operation and had an informant
contact Peña, who agreed to take money to provide the informant with
advice. Peña said he would drive ahead on his way to work and communicate
which checkpoint lane to smuggle the illegal immigrant, referred to as IA
in the complaint, which was filed in U.S. District Court for the Southern
District of Texas over the weekend. “PENA provided detailed instruction
on when the smuggling had a highest rate of success, and instructions on
how to conceal the IA,” the complaint states. Authorities say that the
meeting occurred on June 21.
The following day, the agent met the cooperator at a mall in McAllen, Texas
to discuss smuggling arrangements. The informant said he had five kilograms
of cocaine to smuggle through the BP Falfurrias checkpoint and the corrupt
agent agreed to be paid $1,000 for conducting countersurveillance, federal
prosecutors write in the complaint. Peña also agreed to check the BP
schedule to see which agents would be working on Friday, June 25, 2021, at
6:30 p.m. The agent “was willing to transport the 5 kilograms of cocaine
if there were rookie agents working at the time,” the federal complaint
states. He also told the cooperator to relay what type of compartment the
cocaine would be in and the license plates of the load vehicle so that he
could check the plates for any alerts. Peña received a photo of a Magellan
backpack cooler where the cocaine would be hidden and advised that the
drugs be hidden inside the cooler walls with the insulation.
Here is another scary tidbit involving this story. After checking the BP
schedule Peña discouraged the operation on the originally planned date
because the agents working that day “were good.” He suggested moving
the smuggling to another day when the BP team on duty “sucks” and all
the agents are “rookies.” After the cocaine passed through the
checkpoint, the government source met Peña at a La Joya, Texas eatery and
paid him $1,000. The men coordinated another cocaine shipment for later in
the week and, once again, Peña agreed to check the BP work schedule,
conduct surveillance, and find out if the vehicle’s license plate had
been flagged. After that drug shipment made it through, the crooked federal
agent met the informant at a gas station in Falfurrias and the informant
paid him $1,000. Peña is charged with attempting to aid and abet
possession with intent to distribute five or more kilos of cocaine and
faces up to a decade in prison. Earlier in the year, Peña was arrested for
driving under the influence, according to a local news
report.
Between the start of the 2021 fiscal year in October and May Customs and
Border Protection (CBP) has seized an astounding 92,000 pounds of drugs
from vehicles at the Mexican border, according to agency figures cited
in a national news
article. Another piece reveals
federal agents have seen a “staggering 4,000 percent increase in fentanyl
seizures over the last three years,” but not at ports of entry. The
fentanyl is being smuggled by brazen smugglers through the desert. A chief
BP agent is quoted saying that “cartels are very creative” and that
they ‘intimidate migrants and find ways to illegally have them transport
that narcotic into the United States.” The last thing we need is an
American federal agent like Peña helping them.
Until next week …
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