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Judicial Watch, Inc. is a conservative, non-partisan educational foundation, which promotes transparency, accountability and integrity in government, politics and the law.

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Tom Fitton's Judicial Watch Weekly Update

Biden FBI Cover-Up!

Supreme Court Victory
Judicial Watch Sues for FBI Document Alleging Bidens’ Bribery Scheme with Burisma
Former Virginia Magistrate Gets Resolution in Suit Challenging Her Termination

Supreme Court Victory

The Supreme Court has ended race-based admissions at Harvard College and the University of North Carolina.

It was long past time for the Supreme Court to require our higher education system to follow the Constitution and stop blatant and unconstitutional racial discrimination. As the Supreme Court majority observes: “Eliminating racial discrimination means eliminating all of it.”

This decision could not come at a better time, as the extremist left embraces outright racial discrimination, racial separatism, and racial segregation under the guise of “anti-racism.”

As Justice Thomas observed in his concurring opinion:

The solution to our nation’s racial problems cannot come from policies grounded in affirmative action or some other conception of equity. Racialism simply cannot be undone by different or more racialism. Instead, the solution announced in the second founding is incorporated in our Constitution: that we are all equal, and should be treated equally before the law without regard to our race. Only that promise can allow us to look past our differing skin colors and identities and see each other for what we truly are: individuals with unique thoughts, perspectives, and goals, but with equal dignity and equal rights under the law.

We filed several amici curiae briefs alongside the Allied Educational Foundation (AEF) in support of Students for Fair Admissions’ Supreme Court cases challenging both Harvard College and the University of North Carolina’s (UNC) race-based affirmative action admissions programs (Students for Fair Admission v. President & Fellows of Harvard College (No. 20-1199)) and (Students for Fair Admissions, Inc. v. University of North Carolina, et al. (No. 21-707)).

We and AEF argued in our briefs that the court should reject a prior 1978 Supreme Court opinion that seemingly authorizes racial discrimination in college admissions (Regents of Univ. of Cal. V. Bakke, 438 U.S. 265 (1978)). Since Bakke, there have been “at least 26 separate opinions. Many of these have attempted to explain the constitutional rationale for allowing race-based preferences, even though those rationales appear to directly conflict with the original meaning and text of the Equal Protection Clause.”

The amici brief highlighted how race-based discrimination (and the resulting quota mentality) is permeating government. The brief quotes Vice President Kamala Harris’s attack on equality and implicit call for race-based quotas:

There’s a big difference between equity and equality. Equality suggests, “everyone should get the same amount.” The problem with that, not everybody’s starting out from the same place… Equitable treatment means we all end up in the same place.

Referencing this and other Biden administration actions promoting racial favoritism, the brief noted:

There is, however, no constitutional guarantee that we will all “end up in the same place.” The foregoing statements reveal a distorted view of the Equal Protection Clause that would guarantee racially proportionate outcomes under the name of equity, not the equality of opportunity the Equal Protection Clause has always guaranteed. These are more than mere words or theories. Racial preferences have increasingly become incorporated in real-world, governmental decisions and policies. For example, United States Department of Agriculture (USDA) officials recently sought to use race as a basis for deciding who receives governmental loan forgiveness … In a similar vein, New York issued guidelines … govern[ing] which COVID-19 patients are eligible to receive life-saving monoclonal antibodies and therapeutics [which required] that the patient be a person of color or Hispanic ethnicity.

Last year, we and AEF filed an amici curiae brief in support of the Coalition for Thomas Jefferson High School’s challenge to race-based admissions policies put in place by the nationally known public high school in Fairfax County, Virginia.

In January 2022, the city of Asheville, NC, settled our federal civil rights lawsuit after agreeing to remove all racially discriminatory provisions in a city-funded scholarship program. Additionally, the city also agreed to remove racially discriminatory eligibility provisions in a related program that provides grants to educators. The City Council approved the settlement on January 11.

We are also challenging a public teachers’ union contract in Minneapolis that requires race discrimination in layoffs and hiring. And our lawsuit ended a racially discriminatory scholarship program in North Carolina.

Expect the Left to try to do an end-run around the law to keep up the racialist agenda. But you can be sure Judicial Watch will monitor and, when necessary, take legal action to uphold America’s core ideal that we all be treated equally under the law, regardless of our skin color!

 

Judicial Watch Sues for FBI Document Alleging Bidens’ Bribery Scheme with Burisma

The Biden administration isn’t going to investigate the Biden family, of course, but we are, and there’s a new development this week.

 We filed a Freedom of Information Act (FOIA) lawsuit against the Department of Justice for a copy of the FBI document, FD-1023, that describes “an alleged criminal scheme involving then-Vice President Biden and a foreign national relating to the exchange of money for policy decisions.” Our request also asks for communications about the FD-1023 (Judicial Watch v. U.S. Department of Justice (No. 1:23-cv-01849)).

This FBI document, which is being hidden contrary to law, could be the Rosetta Stone to uncovering unprecedented corruption by our nation’s top elected official. The American people have a right under to law to see this FBI document so they can judge for themselves whether their president and his family are crooks.

On May 3, 2023, we submitted unanswered FOIA requests to the Justice Department and FBI for:

1. The unclassified FBI FD-1023 (CHS Reporting Document) described in the May 3, 2023 letter from Sen. Grassley and Rep. Comer to Attorney General Garland and FBI Director Wray (Grassley-Comer-letter.pdf (house.gov).

2. All records of communication between Attorney General Garland and any other official or employee of any branch, department, agency, or office of the Federal government regarding the letter and/or the FD-1023 described therein. This includes, but is not limited to, any such communications between the Attorney General and any other official or employee of the Department of Justice.

3. All records of communication between Director Wray and any other official or employee of any branch, department, agency, or office of the Federal government regarding the letter and/or the FD-1023 described therein. This includes, but is not limited to, any such communications between Director Wray and any other official or employee of the Federal Bureau of Investigations.

In a Senate floor speech on June 12, 2023, Senator Grassley said:

The 1023 produced to that House Committee redacted reference that the foreign national who allegedly bribed Joe and Hunter Biden allegedly has audio recordings of his conversations with them. Seventeen total recordings.

According to the 1023, the foreign national possesses fifteen audio recordings of phone calls between him and Hunter Biden. According to the 1023, the foreign national possesses two audio recordings of phone calls between him and then-Vice President Joe Biden. These recordings were allegedly kept as a sort of insurance policy for the foreign national in case he got into a tight spot. The 1023 also indicates that then-Vice President Joe Biden may have been involved in Burisma employing Hunter Biden.

A June 8, 2023, Washington Examiner story states:

Republicans said the FBI form indicated Ukrainian businessman and Burisma owner Mykola Zlochevsky allegedly told the FBI informant that he paid $5 million apiece to Hunter and then-Vice President Biden to shake off a corruption investigation.

House Republicans have threatened to hold FBI Director Wray in contempt of Congress for not producing the full FD-1023 document but have yet to follow through on this threat.

We continue to lead the fight to expose the Biden administration corruption.

In May 2023, we filed a FOIA lawsuit against the National Archives for Biden family records and communications regarding travel and finance transactions, as well as communications between the Bidens and several known business associates.

On October 14, 2022, we sued DOJ for all records in the possession of FBI Supervisory Intelligence Analyst Brian Auten regarding an August 6, 2020, briefing provided to members of the U.S. Senate. Ron Johnson (R-WI) and Chuck Grassley (R-IA) raised concerns that the briefing was intended to undermine the senators’ investigation of Hunter Biden.

We filed a lawsuit against the U.S. State Department on April 20, 2022, for messages sent through the SMART (State Messaging and Archive Retrieval Toolkit) system that mention Hunter Biden.

On December 10, 2020, we received 210 pages of records from the State Department which show that former U.S. Ambassador to Ukraine Marie “Masha” Yovanovitch had specifically warned in 2017 about corruption allegations against Burisma Holdings.

On October 27, 2020, we received 116 pages of records from the State Department which include a briefing checklist of a February 22, 2019, meeting in Kyiv between then-U.S. Ambassador to Ukraine Marie Yovanovitch and Sally Painter, co-founder and chief operating officer of Blue Star Strategies, a Democratic lobbying firm which was hired by Burisma Holdings to combat corruption allegations. At the time of the meeting, Hunter Biden was serving on the board of directors for Burisma Holdings.

I expect a big fight with DOJ about this smoking-gun Biden corruption issue and I will report back to you as events warrant!

 

Former Virginia Magistrate Gets Resolution in Suit Challenging Her Termination

Former Virginia magistrate Elizabeth Fuller and officials of the Office of the Executive Secretary of the Supreme Court of Virginia (“OES”) have agreed to resolve Ms. Fuller’s First Amendment lawsuit challenging her termination.

The lawsuit, which Judicial Watch filed on Fuller’s behalf on March 1, 2022, alleged that Fuller was fired from her position as a City of Alexandria magistrate after commenting to the Alexandria Times about the public outcome of a 2020 complaint she filed against Virginia bail bondsman Man Nguyen.

Fuller alleged in the lawsuit that the termination violated her First and Fourteenth Amendment rights.  In response, the OES officials denied Fuller’s allegations and stated that her termination was lawful as her comments as published in the October 7, 2021, Alexandria Times article related to criminal proceedings in the circuit in which she served as a magistrate, violating the Canons of Conduct for Virginia Magistrates.

 We strongly believe public employees do not sign away their free speech rights when answering the call to public service. We are pleased Ms. Fuller and OES were able to resolve their differences.

Happy Independence Day!

Independence Day is a day to celebrate American freedom and the heroics of our nation’s founders that gave the world the best example of liberty for a free people in all of history. Our continued liberty depends on fidelity to the principles of our founding, as described in the Declaration of Independence and the Constitution. To that end, to celebrate Independence Day, here is the Declaration of Independence, in full:

In Congress, July 4, 1776.

The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the meantime exposed to all the dangers of invasion from without, and convulsions within.

He has endeavored to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people, and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For Quartering large bodies of armed troops among us:

For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

Have a safe and wonderful Independence Day and God bless the United States of America!

 

Until next week,


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