From Tom Fitton <[email protected]>
Subject What is Biden Hiding?!
Date September 17, 2022 4:21 AM
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Soros Update!



[INSIDE JW]

What is Biden Hiding?

[[link removed]]

President Biden tucked away more than 1,850 boxes of archival records
from his 36-year Senate career at the University of Delaware. Of
course, Biden and the university don’t want anyone to see them.

Here’s the latest. The Delaware Superior Court ordered
[[link removed]]
the university to respond to our objections to its response justifying
its decision to restrict access to the records.

Reviewing an affidavit submitted by the university, and Judicial Watch
and the Daily Caller News Foundation’s objections
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to it, Judge Mary M. Johnston on August 23 gave the University 30 days
to respond.

In June the court had ordered
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the university
to provide under oath additional information on its decision, in which
the university asserted that no state funds were used on the
university’s “matters or undertakings” regarding Biden and that
the Biden Senate papers were never discussed at any meetings of the
university’s full Board of Trustees.

This began when, with the Daily Caller News Foundation, we filed
[[link removed]]
a July 2020
Delaware Freedom of Information Act lawsuit after the university
denied our requests on April 30, 2020, for all of Biden’s Senate
records and records about the preservation and any proposed release of
the records, including communications with Biden or his
representatives (_Judicial Watch, Inc. v. University of Delaware_
[[link removed],
_No. N20A-07-001 MMJ (Del. Super.)).

In February of 2021, we appealed
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an adverse lower
court ruling, and the Delaware Supreme Court returned
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the
case to the lower court.

The university then filed an affidavit, citing no documents or other
specifics, stating that no state funds were used in its housing of
Biden’s Senate papers and that the papers were never discussed at
any meetings of the university’s full Board of Trustees.

We argue that the supplemental affidavit submitted by the university
on July 27 was essentially a duplicate of the initial affidavit.

In objecting to the university’s filing, we write
[[link removed]

> Even after having several opportunities to satisfy its burden of
> proof, the University submits a five-page affidavit filled with
> nothing more than hearsay and conclusory statements. By and large,
> the “Supplemented” affidavit is duplicative of what the
> University has previously submitted to justify its position. The
> University continues to fail to satisfy its burden.
>
> What is now clear after the University has tried and tried again is
> that it cannot or, for whatever reason, refuses to satisfy its
> burden of proof to justify the denial of access to the records
> sought by Judicial Watch and DCNF. The Court must require either the
> turn-over of the records, or, in the least, allow Appellants the
> opportunity for limited discovery to confirm that the University’s
> position is totally without merit.

“After all the lectures from the Biden Administration on democracy
and the rule of law it’s amazing that the President has a secret
deal in place to hide his records from the public,” said Daily
Caller News Foundation President Neil Patel. “We are happy that the
court is pushing the University of Delaware to stop playing games and
come clean.”

What is Biden hiding? Is there classified information in his Senate
materials? Joe Biden has a secret deal to hide his Senate records with
the University of Delaware—and a court wants more answers. Of
course, President Biden could help by simply releasing all his Senate
records. The fact that he hasn’t is telling!


COURTS AND CRIME: COURT OFFICIAL SUES AFTER BEING FIRED FOR SPEAKING
OUT FOR THE PUBLIC SAFETY!

Judicial Watch is now in federal court on behalf of former Virginia
Magistrate Elizabeth Fuller, who was fired in violation of her First
and Fourteenth Amendment rights. Virginia Supreme Court officials are
seeking to dismiss her lawsuit.

A court hearing
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was held before Judge Patricia Tolliver Giles this week in the case
(_Elizabeth Fuller v. Karl R. Hade, et al._
[[link removed]]
(No. 1:22-cv-00218)).

On October 19, 2021, Fuller was fired from her position as magistrate
after commenting
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to the _Alexandria Times_ as part of a discussion about the publicly
available outcome of her own 2020 complaint against a bondsman named
Man Nguyen.

We filed the lawsuit
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in
March 2022.

Here are the details.

Ibrahm Elkahi Bouaichi was arrested and indicted by a grand jury on or
about January 13, 2020, for burglary with the intent to commit murder,
abduction, sodomy, strangulation, and rape of Karla Elizabeth
Dominguez Gonzalez. Notwithstanding the seriousness of these charges,
the Alexandria Circuit Court released Bouaichi on a $25,000 bond in
April 2020. Less than four months after his release on bail, Bouaichi,
on July 29, 2020, reportedly drove to Ms. Dominguez’ residence in
Alexandria, Virginia and shot and killed her outside her apartment
complex.

We argue:

> In the immediate days following the news reports about Ms.
> Dominguez’ murder, Plaintiff learned from a police officer in the
> citizen lobby of the magistrate’s office that the vehicle and gun
> reportedly used by Bouaichi to murder Ms. Dominquez belonged to the
> surety bail bondsman, Man Nguyen, who posted the $25,000 bond for
> Bouaichi’s release in April 2020. On information and belief,
> bondsman Nguyen and the officer struck casual conversation while
> they were waiting in the citizens lobby when Nguyen said it was his
> gun and car that Bouaichi used to murder Ms. Dominguez, and that he
> had let Bouaichi stay at his house while he was away on
> vacation. The officer subsequently relayed the information to
> Plaintiff as part of casual conversation among friendly colleagues,
> outside any hearing or proceeding.

On August 6, 2020, Fuller, in her personal capacity, filed a complaint
with the Commonwealth of Virginia Department of Criminal Justice
Services, alleging that Nguyen violated rules and regulations of his
licensure as a surety bail bondsman. On September 1, 2020, Nguyen’s
surety bail bond license was suspended and revoked as a result. Fuller
understood that this concluded the matter.

More than a year later, the _Alexandria Times_ disclosed information
it obtained through a Freedom of Information request regarding
Nguyen’s involvement, as well as Fuller’s complaint, and
subsequently approached Fuller for comment in October 2021. Fuller
commented as follows:

* Nguyen came to work in the days following the murder nearly
boasting and joking about the fact that the gun and car belonged to
him and that Bouaichi had stayed at his home.
* “[Bondsman Nguyen] was telling this officer about what happened
and almost bragging about it. The officer said to me, ‘You will
never believe what he just said to me.’” “So I said, ‘I’ve
got to do something about it.’”

Five days after this story was published on October 7, Fuller was
placed on administrative leave and she was fired on October 19, 2021.

It was then claimed that Fuller had violated Canon 3, Section B(6)
that states: “[a] magistrate shall abstain from public comment about
a pending, impending or concluded proceeding in any court or
magistrate’s office.”

In early November 2021, Fuller filed a grievance appealing her
termination and asked for reinstatement, which was denied.

We argue that Fuller’s firing was retaliation for protected speech
and that the judicial canon used to justify her firing doesn’t apply
to comments made about a public filing made in her personal capacity:

> At all relevant times, [Fuller] was engaged in constitutionally
> protected speech when she made the comments to the _Alexandria
> Times_, which undeniably addressed matters of public concern.

> ***

> Plaintiff enjoys the right to freedom of speech, as guaranteed by
> the First Amendment to the United States Constitution. This
> includes the right to comment to the _Alexandria Times_ on
> Plaintiff’s public complaint filed in her personal capacity about
> the misconduct of a bondsman and its outcome, and the system’s
> failure to protect a rape victim.

The fact remains that an innocent woman is dead because she was
murdered by a rapist who was let out of jail. The Virginia court
should not have fired the magistrate who blew the whistle on the court
bondsman whose misconduct enabled this murder. Ms. Fuller is a hero.
Her constitutional rights were violated because she embarrassed the
Virginia court and political officials over their deadly soft-on-crime
bail policies.


MAYORKAS SECRETLY MET WITH SOROS GROUPS DURING BORDER TRIP

It’s no secret George Soros funds
[[link removed]]
leftist causes around the world. It’s little wonder, then, that
groups he supports have a hand in the Biden border invasion, as our
_Corruption Chronicles_ blog documents
[[link removed]].

> During a highly publicized Mexican border visit to address the
> record-breaking migrant crisis, Homeland Security Secretary
> Alejandro Mayorkas secretly met with influential open border groups
> including nonprofits funded by leftwing billionaire George Soros and
> another operated by a former Hillary Clinton and Obama advisor,
> according to records
>
[[link removed]]
obtained
> by Judicial Watch. The Biden administration deployed Mayorkas on the
> mission in mid-August of last year as part of an ill-fated effort to
> reassure the nation that the immigration chaos was under control as
> startling Border Patrol figures revealed that agents shattered a
> 21-year-old record in July with 212,672 apprehensions, a 13%
> increase over June.

> Mayorkas, shamefully ousted as a Bill Clinton U.S. Attorney after
> orchestrating the pardon of a big-time drug dealer, put on his game
> face, met with Border Patrol officials in south Texas, placated and
> schmoozed local leaders and publicly suggested that the border is
> under control. In a press conference
>
[[link removed]]
> delivered in Brownsville, Texas, the DHS secretary confidently
> promoted the administration’s plan to deal with the crisis,
> including spending tens of millions of dollars to address the root
> causes of migration in Central America, an increase in law
> enforcement operations with our Mexican partners and a vague
> strengthening of enforcement with additional personnel. Mayorkas
> also explained that “worsening conditions…including poverty, a
> rise in violence, and corruption” were responsible for the rise in
> migrant encounters. He described the situation as a tough and
> complicated challenge that involves vulnerable people.

> Judicial Watch filed a Freedom of Information Act (FOIA) request
> with DHS for the records involving the DHS secretary’s August 2021
> tour to uncover more information about the excursion, especially the
> private meetings with previously undisclosed attendees. Most of the
> records provided by the agency include background to prepare
> Mayorkas for events and details of the various meetings with local
> elected and law enforcement officials. The files include biographies
> and photos of many of the officials, including the mayors of
> Brownsville, McAllen, Laredo, Del Rio, Pharr, and Mission. The
> itinerary also contains the bios of local judges in several Texas
> border counties who had expressed concern to the administration
> about the migrant crisis. The records include a July 30, 2021 letter
> from Hidalgo County Judge Richard Cortez to President Biden warning
> that the ongoing immigrant surge demands immediate and decisive
> action. In the short letter to the commander-in-chief the judge
> refers to the situation as “an extremely pressing issue.”

> The most notable record obtained by Judicial Watch includes a
> backgrounder for a private session Mayorkas held with open border
> nonprofits working with immigrants along the southwest border, some
> of them on the government’s payroll. Judicial Watch has reported
>
[[link removed]]
> leftist groups’ key role in the border crisis, specifically that
> the Biden administration is allowing them to select the illegal
> immigrants that enter the U.S. to request asylum. Among the 14
> attendees at the Mayorkas meeting was Juanita Valdez-Cox, Executive
> Director of La Union del Pueblo Entero (LUPE), an affiliate of the
> influential National Council of La Raza (NCLR), which changed its
> name to a less divisive UnidosUS. LUPE’s website
>
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> lists Soros’s Open Society Institute as a partner organization.
> Also present was Olivia Peña, an attorney and co-director with the
> Young Center for Immigrant Children’s Rights, which received
> $80,000 from the Soros Fund Charitable Foundation in 2020. The group
> also got $5.5 million this year from the Department of the Interior
> for “Child Advocate Services” and $6.7 million from the
> Department of Health and Human Services (HHS) last year for the care
> of Unaccompanied Alien Children (UAC).

> Laura Peña, Legal Director at the Texas Civil Rights Project, also
> attended the covert powwow with the nation’s Homeland Security
> Secretary. Peña was previously the Director of Latino Outreach for
> Hillary Clinton’s 2008 campaign, Deputy Political Director of
> HillPAC/Friends of Hillary, and a senior State Department advisor
> and Immigration and Customs Enforcement (ICE) Assistant Chief
> Counsel during the Obama administration. Also present at the
> Mayorkas meeting was Jennifer Harbury, a co-founder of the group
> Angry Tias & Abuelas. Harbury is a longtime liberal activist lawyer
> who was married to Guatemalan Marxist guerrilla Efrain Bamaca
> Velasquez, also known as Comandante Everardo, in 1991. Angry Tias &
> Abuelas operates under the fiscal sponsorship of the leftwing
> activist nonprofit Progress Texas Institute.

JUDICIAL WATCH WARNS: CRITICAL RACE THEORY RISING

Critical Race Theory is an insidious Marxist concept that is a real
threat to our country — as Micah Morrison, our chief investigative
reporter, explores
[[link removed]].

> Across America, critical race theory is impacting political battles
> as the country hurtles toward midterm voting. CRT is the latest
> front in the war of the far Left against American values, attacking
> U.S. society as suffused to the core by white supremacy and
> institutionalized racism and demanding radical change.

> Recent Judicial Watch cases reveal how deep CRT has penetrated into
> the fabric of American life. Judicial Watch was among the first to
> ring alarm bells over CRT. We noted last year
>
[[link removed]]
> that CRT—long dismissed as an esoteric fad of the academic
> Left—suddenly was everywhere in the wake of protests over the
> killing of George Floyd, its agenda advancing swiftly through
> universities and public schools, government, law, science, business,
> and the media.

> Last month, Judicial Watch President Tom Fitton warned that CRT also
> is emerging as a threat to national security. Writing in the
> Washington Examiner, Tom highlighted documents obtained by Judicial
> Watch under the Freedom of Information Act that painted a disturbing
> portrait
>
[[link removed]]
> of CRT stoking racial divisiveness at the historic U.S. Military
> Academy at West Point.

> Judicial Watch obtained
>
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> more than 600 pages of documents revealing CRT instruction at West
> Point. The documents, Tom notes, “reveal an assault on cadets in
> the form of race-based shaming that paints one race as an oppressor
> and another as the victim.”

> One West Point training slide is titled “Modern Day Slavery in the
> USA.” Others state that “whiteness” is a set of “cultural
> practices that are usually unmarked or unnamed,” and that “white
> people and people of color live racially different structured
> lives.” One presentation, “‘Race and the Invisible Hand’:
> How White Networks Exclude Black Men from Blue-Collar Jobs,”
> suggests an ongoing program of white oppression.

> And apparently it’s not just West Point. In June, the Federalist
> reported
>
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> that the U.S. Navy had issued an instructional video on how service
> members must use “correct pronouns” and “inclusive language”
> and not “misgender” others. In July, Judicial Watch filed a
> lawsuit
>
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> against the Department of Defense after it failed to respond to
> requests for U.S. Naval Academy records related to CRT.

> Elsewhere in the Biden Administration, the Consumer Financial
> Protection Bureau is busy with a CRT-inspired program to ferret out
> “race and gender microaggressions.” A Judicial Watch FOIA action
>
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> revealed a CFPB Power Point training presentation to help employees
> “identify race and gender based microaggressions” and understand
> how microaggression can turn into “discrimination and/or unlawful
> harassment.”

> Microaggressions are defined in the CFPB documents as “verbal and
> nonverbal behavior” that “communicate negative, hostile, and
> derogatory messages to people rooted in their marginalized group
> membership (based on gender, race, ethnicity, religion, sexuality,
> etc.)” Microaggressions can be “intentional or unintentional,”
> and are “more subtle” than “using racial epithets or
> displaying swastikas.”

> According to the document, examples of racial microaggressions
> include questions like: “Where are you from?”, or “Where were
> you born?” Or asking an Asian American or Latino American to teach
> them words in their native language. Or saying, “You are so
> articulate” or “Everyone can succeed in this society, if they
> work hard enough.” The list
>
[[link removed]]
> goes on.

> “Federal agencies shouldn’t abuse tax dollars for CRT
> indoctrination, which makes a mockery of serious race and sex
> discrimination issues,” Judicial Watch’s Fitton noted. “This
> document from the Consumer Financial Protection Bureau shows
> critical race theory is alive and well in the Biden
> administration.”

> But the main battlefront in the war over CRT and related race-based
> initiatives is in the schools. With a pushback gaining traction in
> many communities, Bloomberg reports
>
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> that 42 states have “introduced bills or taken steps” to address
> the influence of CRT in education. In Florida, in late August,
> once-sleepy school board elections revealed electrified parents and
> big wins
>
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> for anti-CRT forces.

> On August 2, Judicial Watch filed a friend-of-the-court brief, in
> partnership with the Allied Educational Foundation, in support of a
> challenge to race-based admissions at the prestigious Thomas
> Jefferson High School in Fairfax County, Virginia. We asked a
> federal appeals court to uphold a lower court finding that a new
> admissions policy of the Fairfax County Public Schools system was
> unconstitutional because of improper considerations of race.

> We noted in our brief, “the truth is that Fairfax County Public
> Schools was not interested in improving Thomas Jefferson High School
> diversity”—the stated claim of the new policy. “Thomas
> Jefferson’s student body was already diverse.”

> But for CRT activists in Fairfax County, the status quo at a
> diverse, successful school wasn’t enough. What was really behind
> the sudden policy change? The Fairfax school system was seeking
> “to change the racial mix by increasing the representation of
> underrepresented, preferred minorities (Blacks and Hispanics) to the
> disadvantage of other minorities (Asian Americans).” Read more
> about the case here
>
[[link removed]].

> In the District of Columbia, meanwhile, Judicial Watch exposed a
> 2021 effort by local public schools to create “affinity spaces”
> segregated by race and sexual identity. We obtained 190 pages of
> records
>
[[link removed]]
> showing how CRT informed actions by DC public school officials.

> Affinity spaces are straight out of the CRT political reeducation
> playbook. The “goal of these affinity groups,” says one
> document, an email between two senior school officials “is to
> create a safe space among colleagues to process the impacts of
> racism and white supremacy within our school community and identify
> collective actions to take as individuals and as groups.”

> Another document asks public school staff, “Which racial affinity
> group(s) do you plan to join?”—a not subtle warning to get with
> the program.

> Another document seeks to divide people into “new LGBTQIA+
> ‘Affinity Spaces,’” including “BIPOC
> (Black/Indigenous/People of Color) LGBTQIA+” and “White
> LGBTQIA+.” Some “Guiding Norms” for affinity spaces included
> “Go beyond celebration,” “Isolate race,” and create a
> “Lens for equity.”

> In Massachusetts, Judicial Watch brought a civil rights lawsuit on
> behalf of David Flynn, a high school football coach fired after
> raising questions about CRT in his daughter’s seventh grade
> history class.

> Among Coach Flynn’s concerns: the course curriculum had been
> changed without providing parents an opportunity for review and
> comment; the new course contained material on politics, race,
> gender, equity, and diversity that were inappropriate for seventh
> graders age 12 and 13; the teacher was not teaching the material
> objectively and was promoting the controversial Black Lives Matter
> movement; and the teacher used course material that portrayed all
> police officers as risks to all black people, and all black males as
> risks to white people.

> Coach Flynn sent a polite email to school authorities asking for
> compromises and modest changes to the new curriculum. Their
> response? You’re fired.

> Judicial Watch sued school authorities in federal court. A judge
> dismissed the case, we appealed the decision, and last month, a
> historic settlement was reached. In a letter to Coach Flynn, school
> authorities noted that “your legitimate questions prompted
> additional conversations at the School Committee level that
> ultimately led to the establishment of a Curriculum Advisory
> Committee that now brings together parents, community members, and
> district educators to broadly review and more thoroughly communicate
> curriculum changes and concerns.” Policy changes included a ban on
> promoting Black Lives Matter to students in classrooms and online.
> Read more about the Flynn case here
>
[[link removed]].

> How much will CRT impact the upcoming midterm elections? As Judicial
> Watch reported
>
[[link removed]]
> during last year’s Virginia gubernatorial campaign, the media,
> liberals, and the Left are dismissive of concerns about CRT. Former
> Virginia governor Terry McAuliffe, in a trope widely deployed by the
> Left, said concerns over CRT are nothing more than a “racist dog
> whistle.” Axios managing editor Margaret Talev said on CNN:
> “Let’s just say for the record in case anyone doesn’t know,
> they don’t teach Critical Race Theory to kids in kids K-12
> schools. That’s not a thing anywhere in the country, including
> Virginia.” The claim was repeated elsewhere
>
[[link removed]]
> on CNN. It was dogma
>
[[link removed]]
> at MSNBC.

> It was also dead wrong. It turned out in fact that CRT was a big
> thing in Virginia, and that CRT teachings were widely influential in
> the Virginia school system. The controversy over CRT had a major
> impact
>
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> on the Virginia race. On his first day in office, newly elected
> Governor Glenn Youngkin, fulfilling a campaign promise, signed an
> executive order
>
[[link removed]]
> banning “inherently divisive concepts,” including CRT, in
> Virginia public schools.

> Whether the Virginia experience will be repeated in the broader
> contours of the midterm elections remains to be seen. But the
> evidence is clear: fights over CRT are impacting communities across
> the country.

Until next week,





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