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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.

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

Because no one
is above the law!


Tom Fitton's Judicial Watch Weekly Update

CRT Case Update!

School District Settles with Coach Fired for Objecting to Critical Race Theory
Why Gen. Mark Milley Should Be Court-Martialed
Hundreds of Adult Migrants Pose as Minors to Dodge Deportation


School District Settles with Coach Fired for Objecting to Critical Race Theory

David Flynn has been a devotee of Dedham Massachusetts High School his whole life. As a student, he led the football team to a championship, then became the assistant football coach for four years, and eventually took the role of head coach in 2011.

However, he was abruptly fired in 2021 after exercising his right as a parent-citizen to raise concerns about critical race theory and Black Lives Matter propaganda in his daughter’s seventh-grade history class.

We took his case, and we’re pleased to announce that he settled his civil rights lawsuit against his former employers at Dedham Public Schools.

“The past two years have been difficult for me and my family. I thank my family, friends, and everyone else who reached out for their continued support,” said Coach Flynn. “With Judicial Watch’s help, I can move on from this challenging situation knowing that by raising my concerns through the appropriate channels I made a difference for the students and families of Dedham Public Schools. I hope other parents can learn from this and not back down from fighting for what is best for their families.”

As part of the settlement, the Superintendent of Dedham Public Schools, Michael Welch, acknowledged “the important and valid issues” raised by Flynn and specific changes in school policies because of Flynn’s complaint, including banning teachers from promoting Black Lives Matter to students online.

The Superintendent’s acknowledgment is the result of a February 2021 lawsuit filed in the United States District Court for the District of Massachusetts against the superintendent, high school principal, and high school athletic director for retaliating against Flynn for exercising his First Amendment rights (Flynn v. Forrest et al. (No. 21-cv-10256)).

The superintendent wrote in the letter that Flynn’s concerns were valid and that the school district is amicable to the settlement:

Dear Dave,

I hope you and your family are well. I am writing this letter to acknowledge the important and valid issues you raised regarding the Dedham Public Schools and the subsequent lawsuit you filed in federal court. I am pleased that we are able to amicably settle this matter after the recently filed appeal of the court’s decision.

First and foremost, I want to acknowledge and validate the concerns you initially raised regarding your daughter’s experiences at Dedham Middle School. You had every right to inquire about these issues, and you followed the appropriate steps in attempting to learn more. You correctly pointed out that the 7th grade social studies curriculum had significantly changed and parents were not informed of these changes. In probing this matter further, you discovered that the district’s website did not accurately reflect the new curriculum content, and parents were unable to understand what was being taught. 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. Curriculum updates are a necessary and important part of the work of school districts, and effectively communicating these improvements is a critical component of this process.

Your initial inquiry triggered a larger internal conversation about the district’s oversight in the teaching of these new curriculum units. More specifically, the sequencing of the curriculum’s identity unit and the virtual use of a Black Lives Matter emoji t-shirt by a teacher sparked a series of intense conversations about teacher autonomy and the importance of balanced messaging and viewpoints in the classroom. As you pointed out, positive intentions can often have unintended negative impacts on students. Ultimately, I directed staff to remove these t-shirt emojis and instructed them to not wear these in the classroom in the future.

Finally, I understand that after you raised these concerns at the classroom level, you left that initial conversation expecting to hear directly from the building principal. It appears this was unclear within the school and you did not hear back in a timely manner. I am sorry for this breakdown. Effective two-way dialogue among parents and school staff is the foundation of mutual trust. While we pride ourselves on this connection, in this particular instance this fueled frustration and identified room for improvement.

I regret that these initial justifiable concerns ultimately led to where we are today. As you have indicated, I appreciate your recognition of the opportunity to have improved the trajectory of this sequence. With this settlement, I hope we are able to put any divisions behind us and begin the important work of healing through better conversations and listening.

I recognize the school district’s opportunity to improve based upon the issues you have identified, and I thank you for raising them. As educators, I believe we can always learn from our experiences. Thank you for your many years of dedicated commitment to the development of student-athletes in Dedham.


Michael J. Welch


This is a remarkable victory for Coach Flynn, as his federal civil rights lawsuit resulted in the Dedham School District admitting that he was absolutely right to be concerned about the district introducing a new, controversial CRT-style curriculum without parental notice or involvement. And Coach Flynn also appreciates that the teachers will no longer be able to use virtual learning to push Black Lives Matter symbols. It shouldn’t have taken a federal civil rights lawsuit for the school district to do the right thing. We hope other school officials take note that they must treat parental curriculum concerns with respect and avoid radical indoctrination of children.

Our lawsuits and FOIA requests on critical race theory and other leftist extremism are extensive:

  • Earlier this month, we sued on behalf of a Minneapolis taxpayer over a teachers’ contract that provides discriminatory job protections to certain racial minorities. The lawsuit was filed against the superintendent of the Minneapolis Public Schools, the Minneapolis Public Schools, and the Minneapolis Board of Education for violating the Equal Protection Guarantee of the Minnesota Constitution.
  • In July 2022 we sued the U.S. Department of Defense for records related to the United States Naval Academy implementing critical race theory in the training of naval recruits.
  • Records produced in April 2022 from the National Credit Union Administration (NCUA) show the government agency responsible for regulating credit unions required “inclusion and unconscious bias training” for the agency’s employees and contractors and offered advice on how to recognize and address alleged “microaggressions” in the workplace.
  • Records produced in February 2022 from the Consumer Financial Protection Bureau (CFPB) included a PowerPoint presentation titled “Race and gender based microaggressions” that was used for training at the organization.
  • Two sets of records we obtained in November 2021 related to the teaching of critical race theory in Montgomery County Public Schools (MCPS), Maryland’s largest school system, included a training course with information about a book titled “Antiracist Baby” that introduces the youngest readers to “the concept and power of antiracism,” and says it’s the “perfect gift” for “ages baby to age 3.”
  • Records from Loudoun County, VA, obtained in October 2021 revealed a coordinated effort to advance critical race theory initiatives in Loudoun County public schools despite widespread public opposition.
  • A training document provided to us in October 2021 by a whistleblower in the Westerly School District of Rhode Island, details how its schools are using teachers to push critical race theory in classrooms. The training course was assembled by the left-leaning Highlander Institute and cites quotes from Bettina Love, from whom the Biden administration distanced itself publicly after her statements equating “whiteness” to oppression.
  • Records produced in June 2021 by Wellesley Public Schools in Massachusetts confirmed the use of “affinity spaces” that divide students and staff based on race as a priority and objective of the school district’s “diversity, equity and inclusion” plan. The school district also admitted that between September 1, 2020, and May 17, 2021, it created “five distinct” segregated spaces.
  • Heavily redacted records we obtained in May 2021from Montgomery County Public Schools (MCPS) in Maryland included documents related to their $454,000 “Anti-racist system audit” and critical race theory classes. Students were taught that the phrase “Make America Great Again” was an example of “covert white supremacy.”


Why Gen. Mark Milley Should Be Court-Martialed

Chris Farrell, our Director of Investigations & Research and a former U.S. Army intelligence officer, has identified the most egregious examples of treasonous subversion by a commissioned officer since Benedict Arnold. And that officer currently is at the top of the military hierarchy, no less. Here is Chris’ report in The Washington Times.

Gen. Mark A. Milley, chairman of the Joint Chiefs of Staff, should be subject to an Article 32 Hearing under the provisions of the Uniform Code of Military Justice for his conduct and statements as memorialized in the Bob Woodward book “Peril,” and the Aug. 8, 2022, New Yorker magazine excerpt of a forthcoming book by Susan B. Glasser and Peter Baker.

An Article 32 Hearing is the military equivalent of a civilian grand jury, and should probable cause of the commission of a crime be established, it would lead to Gen. Milley’s court-martial. The Army has an affirmative duty to maintain good order and discipline, especially with regard to senior leader misconduct.

History provides an example of a senior officer engaged in misconduct. Assistant Chief of the Army Air Service Brig. Gen. Billy Mitchell was court-martialed in 1925 for remarks to the press concerning two deadly military aviation accidents.

Mitchell made the following offending statements: “These incidents are the direct result of the incompetency, criminal negligence and almost treasonable administration of the national defense by the Navy and War Departments,” and “The bodies of my former companions in the air molder under the soil in America, and Asia, Europe and Africa, many, yes a great many, sent there directly by official stupidity.”

On Dec. 17, 1925, Mitchell was found guilty of “conduct of a nature to bring discredit upon the military service.” The court suspended Mitchell from rank, command, and duty, with the forfeiture of all pay and allowances for five years. Mitchell resigned from his commission as an Army officer on Feb. 1, 1926. Some would say that history vindicated Mitchell, with the coming of World War II. Nonetheless, Mitchell paid the price for press statements outside the scope of his authority and for his insubordination.

Gen. Milley called his communist Chinese military counterpart in October 2020 and January 2021 with unauthorized promises and assurances of advanced warnings of U.S. military intentions and actions. America learned of these contacts through the book “Peril,” authored by Mr. Woodward and Robert Costa. In the book, Gen. Milley is quoted as saying, “General Li, I want to assure you that the American government is stable and everything is going to be OK. We are not going to attack or conduct any kinetic operations against you.” And then, reportedly, Gen. Milley said this: “General Li, you and I have known each other for five years. If we’re going to attack, I’m going to call you ahead of time. It’s not going to be a surprise.”

Gen. Milley admitted to making the calls. A spokesman for Gen. Milley stated that Gen. Milley acted within his authority as the senior military adviser to the president and the secretary of defense, yet Gen. Milley failed to consult any civilian authority, a fact confirmed by Christopher Miller, the former acting secretary of defense, and by former President Donald Trump.

Former Secretary of State Mike Pompeo, a graduate of West Point and an Army officer, as well as a lawyer, congressman and former director of the CIA, described Gen. Milley’s actions: “If you had a senior military leader, who is simply an adviser, tell the Chinese Communist Party that they would get notice of an attack, this rivals anything we’ve seen in our nation’s history.”

Mr. Woodward and Mr. Costa “obtained” a copy of a call transcript between Gen. Milley and House Speaker Nancy Pelosi concerning Mr. Trump and nuclear weapons. The book provides detailed quotes from both Gen. Milley and Mrs. Pelosi. In one exchange, Mrs. Pelosi at length attacks Mr. Trump, saying “they couldn’t even stop him from an assault on the Capitol,” and that “he’s crazy. You know he’s crazy. He’s been crazy for a long time.”

“So don’t say you don’t know what his state of mind is. He’s crazy and what he did yesterday is further evidence of his craziness. But anyway, I appreciate what you said.”

Gen. Milley responds to Mrs. Pelosi, “Madam Speaker, I agree with you on everything.”

Gen. Milley obviously cooperated in some manner with Mr. Woodward. Freedom of Information Act requests for call transcripts were stonewalled by the Pentagon. Gen. Milley is hiding the information from the American people and forcing a current lawsuit in federal court to compel him to release information he selectively leaked to friendly reporters.

Mr. Baker and Ms. Glasser make clear that Gen. Milley loathed Mr. Trump and was grossly insubordinate. The authors quote Gen. Milley saying, “F—- that s—-, I’ll just fight him” [President Trump], and, “If they want to court-martial me, or put me in prison, have at it. But I will fight from the inside.” A general “fighting from the inside” against the president is the very definition of subversion.

Gen. Milley must be held to account for his conduct and selectively leaked statements. His conduct goes far beyond the controversy of the Mitchell court-martial. Mitchell pales by comparison. His reported actions, if true, are the most egregious examples of treasonous subversion by a commissioned officer of the United States since Maj. Gen. Benedict Arnold.


Hundreds of Adult Migrants Pose as Minors to Dodge Deportation

The Biden administration’s border crisis makes a mockery of the rule of law. If the administration doesn’t follow the law, why would a foreign national trying to game our immigration system? Our Corruption Chronicles blog has the details.

As if the crisis along the southern border were not bad enough, adult illegal immigrants are posing as minors to enter—and stay in—the U.S. since typically those under 18 are welcomed with open arms. The government refers to them as Unaccompanied Alien Children (UAC) and hundreds of thousands have entered the country in the last few years. The Department of Health and Human Services (HHS) is charged with caring for illegal aliens under the age of 18 and the agency spends millions of dollars annually to house, medically treat, entertain, and school UAC who come mainly from Central America. Undoubtedly, illegal immigrant minors are almost always allowed to remain in the U.S. and quickly disbursed to a government-funded shelter upon arrival at the border.

The special treatment has led to even more criminal behavior by those already breaking the law entering the U.S. illegally. In El Paso alone, Customs and Border Protection (CBP) confirms that more than 655 adult migrants posing as minors have been busted in fiscal year 2022. This week the agency announced that the El Paso Sector has recently seen an unusual amount of activity involving adults posing as minors to dodge deportation. In one of the incidents agents identified 10 adults posting as UAC while in custody. CBP has a limited time to transfer UAC to HHS custody once the illegal border crossers are vetted and there begins the journey to stay in the U.S. Bigger criminal enterprises are behind the imposter plots, according to federal authorities. “Transnational Criminal Organizations exploit migrants convincing them to pose as minors in order to be processed as such” said El Paso Sector Border Patrol Chief Gloria I. Chavez. “Identity fraud is a common tactic used by TCOs to take advantage of migrants who do not know the legal consequences of their actions as they attempt to deceive authorities.”

The frontline Homeland Security agency says three adults posing as minors were also discovered recently using counterfeit documentation at the El Paso Sector Central Processing Center in Texas. The illegal immigrants, a 21-year-old female, 22-year-old female and 22-year-old male, are from Guatemala and were part of a group of 13 apprehended by federal agents in the area. “The three were encountered, along with nine unaccompanied children from Guatemala and one adult,” CBP writes in a statement. “These individuals pose as minors in order to avoid expulsion.” In a separate incident this month three males from Guatemala, ages 18, 25 and 26, intentionally posed as minors to remain in the U.S. Federal agents detected discrepancies between their stories and documentation presented in their failed attempt to pass as minors.

In yet another incident made public this month, CBP officers at El Paso’s Ysleta Station, which is responsible for 16.7 miles of international boundary along the Rio Grande River, discovered a group of what appeared to be eight minors later determined to be from Guatemala crossing the border illegally. Two of the illegal immigrants pretending to be underage turned out to be imposters, according to the feds. One was a 22-year-old male and the other a 19-year-old female. As in the other cases, agents, though overwhelmed with an onslaught of illegal immigration, detected discrepancies during interviews. CBP warns that individuals who attempt to pose as unaccompanied children may face charges under American laws that prohibit false statements to federal agents and conspiracy to defraud the U.S.

The last thing the country’s disastrous immigration system needs is more UAC. American taxpayers already spend a fortune to accommodate them through HHS’s Office of Refugee Resettlement (ORR), which funds and oversees dozens of state-licensed care facilities to house the young migrants when they arrive in the U.S. In fiscal year 2021 ORR housed an unprecedented 122,731 UAC, according to government figures, and this year’s budget is a whopping $8.76 billion. HHS projects that in 2022 it will accommodate approximately 149,000 and between 500 and 600 daily for the remainder of the fiscal year, which ends in September. Last year the overwhelming majority of illegal immigrant minors in U.S. custody, approximately 72%, were over 14 years of age and 66% were male. Nearly half (47%) of the underage migrants came from Guatemala, 32% from Honduras, 13% from El Salvador and 8% from other countries.


Until next week,