Commentary: Supreme Court Overturns DOJ’s Use of Key January 6 Felony Court

January Six

In a devastating but well-deserved blow to the Department of Justice’s criminal prosecution of January 6 protesters, the U.S. Supreme Court today overturned the DOJ’s use of 18 USC 1512(c)(2), the most prevalent felony in J6 cases.

The statute, commonly referred to as “obstruction of an official proceeding,” has been applied in roughly 350 J6 cases; it also represents two of four counts in Special Counsel Jack Smith’s J6-related criminal indictment of Donald Trump in Washington.

Read the full story

Biden DOJ Report Alleges Phoenix Police Violate Rights Based on Race; Insiders Warn Consent Decree Could Be Imminent

Phoenix Police Department

The Biden Department of Justice (DOJ) issued a 126-page report on Thursday claiming that it found probable cause after a three year investigation that the Phoenix Police Department (PPD) violated the First, Fourth and Fifth Amendments when dealing with the public. The investigation began in August 2021, alleging five problem areas. The DOJ accused PPD of using excessive force, discriminating against nonwhites, treating homeless people unlawfully, violating the First Amendment, and discriminating against the mentally ill.

A PPD officer who preferred to remain anonymous told The Arizona Sun Times that there were all kinds of problems with the report. He said the consultants hired by the DOJ to visit PPD were fresh out of law school and knew nothing about law enforcement. He said they pulled a few files and didn’t interview relevant people. There was a lot they didn’t do, he said. Additionally, the cases cited in the report are old, and key details were omitted from the report, including that those cases were resolved.

Read the full story

Trump’s Former DOJ Official Jeffrey Clark Files Post-Hearing Brief Poking Holes in the D.C. Bar’s Disciplinary Panel Findings

Jeffrey Clark

Donald Trump’s former DOJ official, Jeffrey Clark, is fighting a recommendation from the D.C. Bar’s disciplinary panel to discipline him over his concerns about illegalities in the 2020 election. Last month, he filed a Post-Hearing Brief challenging a nonbinding preliminary finding of culpability for drafting a letter that was never sent to Georgia officials advising them of their options in dealing with the irregularities.

The hearing panel found that Clark engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation and conduct that seriously interferes with the administration of justice, Rules 8.4(c) and (d) of the Rules of Professional Conduct. Those ethics rules have been accused of being broad, vague, and unconstitutional. State bars frequently use them to target conservative attorneys.

Read the full story

Biden’s DOJ Orders Hawkins County Schools to Hire ‘Anti-Harassment Coordinator’ to Oversee ‘Race Discrimination and Harassment Complaints’

Classroom Students

The Biden administration’s Department of Justice (DOJ) ordered Hawkins County Schools on Monday to implement a number of measures to “end racial discrimination in its schools.”

A DOJ-led investigation into Hawkins County Schools that began in March 2023 found that the school system was “deliberately indifferent to known race-based harassment in its schools” and was ordered to spend at least three years under a federal settlement with the DOJ.

Read the full story

Commentary: Trump’s Trial Is a Symptom of a Larger Crisis in American Justice

Donald Trump

Naturally, the cataract of commentary on Thursday’s Stalinist guilty, guilty, guilty verdict against Donald Trump has divided itself into two distinct pools. One is gleeful. The other is alarmed. Rather than anatomize the differences between the two, I’d like to start by simply noting the size and fervor of the response.  There are, I believe, two essential points to bear in mind.

The first is that the outpouring is only incidentally about Trump.  You might find this a surprising statement since the news has been full of little besides Trump.

Read the full story

Norfolk Southern Reaches $310 Million Settlement with EPA, DOJ over East Palestine Derailment

Norfolk Southern reached a $310 million settlement with the Environmental Protection Agency and the Department of Justice on Thursday over a train derailment in East Palestine, Ohio, last year.

The settlement, which has yet to be approved by the U.S. District Court for the Northern District of Ohio, requires Norfolk Southern to spend an estimated $235 million for clean-up, $30 million for water quality monitoring, $25 million for a 20-year community health program, and $6 million to prioritize addressing historical pollution through a “waterways remediation plan,” reported the Washington Examiner.

Read the full story

Biden Attempt to Hide Tapes to Collide with Precedent from Past Democratic Probes

President Joe Biden’s attempt to assert executive privilege over the tapes of his interview with federal investigators in his own classified documents case could run into the history of Democratic tactics to obtain information from former President Trump.

For example, recent court decisions surrounding Trump’s efforts to invoke executive privilege over subpoenaed documents by the Jan. 6 Select Committee confirmed a legitimate congressional investigation is often a strong basis for requesting documents or information from the executive. Though, Biden’s current control of the executive branch may allow him to stonewall successfully.

Read the full story

Commentary: Defund and Investigate Jack Smith

Jack Smith

Special Counsel Jack Smith was supposed to be basking in glory right now.

In his ideal world, Smith would be hot off a quick conviction of Donald Trump in Washington, D.C. for the former president’s alleged role in the events of January 6 and attempts to “overturn” the 2020 election. The special counsel then would have immediately moved his victorious prosecutors to Palm Beach for the summer to prepare for Trump’s second federal trial related to allegedly stealing national defense information and impeding the Department of Justice’s investigation.

Read the full story

Commentary: Judge Cannon Puts Jack Smith on Trial

Jack Smith

U.S. District Court Judge Aileen Cannon may have just indefinitely postponed Donald Trump’s espionage and obstruction trial but that doesn’t mean her federal courtroom in Fort Pierce, Florida will lie dormant over the next few months.

In officially vacating the existing May 20 trial date—an impossibility considering the defendant will be in a Manhattan courtroom for the foreseeable future—Cannon declined to set another date, calling it “imprudent” at this stage of the process. She noted a “myriad” of unresolved matters in Special Counsel Jack Smith’s 42-count indictment against the former president and his two co-defendants, Mar-a-Lago employees Waltine Nauta and Carlos De Olivera, for willfully retaining national defense information and attempting to impede the government’s investigation.

Read the full story

Former Memphis Police Officer Now Faces Federal Charges in Alleged Murder

Patric Ferguson

A former Memphis Police officer who was charged in 2021 with kidnapping and murdering a man has now been charged at the federal level. 

“A federal grand jury in Memphis, Tennessee, returned an eight-count indictment today charging former Memphis Police Officer Patric J. Ferguson with federal civil rights, kidnapping and weapons offenses in connection with the fatal shooting of a victim identified as R.H.,” according to the Department of Justice (DOJ). “The indictment also charges Ferguson and a civilian, Joshua M. Rogers, with federal offenses for conspiring to cover up the fatal shooting and destroying evidence of the crimes. The indictment further charges Rogers with accessory after the fact for helping Ferguson cover up his crimes.”

Read the full story

Julie Kelly Commentary: The DOJ’s Doctored Crime Scene Photo of Mar-a-Lago Raid

DOJ Photo of Trump Documents Seized at Mar-a-Lago

It is the picture that launched a thousand pearl-clutching articles.

A few weeks after the armed FBI raid of Mar-a-Lago in August 2022, the Department of Justice released a stunning photograph depicting alleged contraband seized from Donald Trump’s Palm Beach estate that day; the image showed colored sheets representing scary classification levels attached to files purportedly discovered in Trump’s private office.

Read the full story

D.C. Bar Disciplinary Panel Makes Nonbinding Preliminary Determination of Culpability for a ‘Thought Crime’ in Disbarment Trial of Trump’s Former DOJ Official Jeffrey Clark

Jeffrey Clark

The disciplinary trial of Donald Trump’s former DOJ official Jeffrey Clark wrapped up on Thursday with the D.C. Bar’s disciplinary panel making a nonbinding preliminary determination that Clark was culpable on at least one of the two counts against him.

For drafting a letter that was never sent to Georgia officials advising them of their options in dealing with the 2020 election illegalities, he was charged with engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation, and engaging in conduct that seriously interferes with the administration of justice, Rules 8.4(c) and (d) of the Rules of Professional Conduct.

Read the full story

Georgia Election Integrity Expert Lists Significant Fraud in State’s 2020 Election at Jeffrey Clark’s Disbarment Trial

Garland Favorito

The disbarment trial of Donald Trump’s former DOJ official, Jeffrey Clark, continued into its second and final week on Tuesday, featuring testimony from three witnesses for him.

Clark, a defendant in Fulton County District Attorney Fani Willis’ RICO prosecution, is being disciplined for drafting a letter never sent to Georgia officials after the 2020 election advising them of their options for dealing with the election illegalities.

Read the full story

‘Evil is What It Is,’ Says Journalist Steve Baker, Who Reported on J6 and 3 Years Later Self-Surrendered on Misdemeanor Charges, Only to Be Placed in Leg Shackles by U.S. Marshalls

Steve Baker

Steve Baker, a current opinion contributor for Blaze News and an investigative journalist, said he is being treated as a “terrorist” by the weaponized Department of Justice (DOJ) for covering the Capitol riot on January 6, 2021, as an independent journalist.

Baker has been charged with four misdemeanors for being present at the Capitol on January 6.

Read the full story

Feds Crack Down on Pernicious Chinese Hacking Group that Targeted U.S. Gov’t, Dissidents

Hacker mugshots

The U.S. on Monday announced actions aimed at exposing a sweeping Chinese hacking campaign that has targeted U.S. government institutions, critical infrastructure, media and political dissidents for more than a decade.

Wuhan Xiaoruizhi Science and Technology Company, Limited (Wuhan XRZ), served as a front company for China’s Ministry of State Security (MSS), which deals with overseas policing and espionage, allowing Chinese hackers to hide a multitude of malicious cyber operations, the Treasury Department said after sanctioning the organization on Monday in a statement alongside other U.S. agencies and the United Kingdom. In an indictment unsealed separately, the Department of Justice accused Chinese nationals Zhao Guangzong, Ni Gaobin and five others for their role “in furtherance of [China’s] economic espionage and foreign intelligence objectives” over the past 14 years.

Read the full story

Impeachment Probe Dramatically Pivots to Questions of CIA, DOJ Coverup in Hunter Biden Case

After a bombastic hearing with Hunter Biden’s business partners, House impeachment investigators are dramatically pivoting to allegations of a possible coverup in the first son’s criminal tax case as the inquiry transitions to a new phase.

On Thursday, the House Judiciary Committee sued the Justice Department seeking to force two attorneys there to comply with subpoenas and testify about whether there was any political interference in Hunter Biden’s tax prosecution.

Read the full story

Commentary: Biden’s DOJ Thumbs Nose at SCOTUS on Key J6 Felony Charge

Matthew Graves

Donald Trump filed his brief Tuesday at the U.S. Supreme Court to defend his argument that presidents are immune from criminal prosecution. Noting the lack of historical precedent and dire ramifications for the future, Trump’s attorneys warned that “a denial of criminal immunity would incapacitate every future President with de facto blackmail and extortion while in office, and condemn him to years of post-office trauma at the hands of political opponents.”

Oral arguments on the groundbreaking question are set for April 25; a final opinion, which could be announced in late May or sometime in June before the current SCOTUS term ends, represents a do-or-die situation for Special Counsel Jack Smith’s four-count indictment against the former president for the events of January 6 and his alleged attempts to “overturn” the 2020 election. The case is now on hold awaiting a decision by SCOTUS.

Read the full story

Commentary: America’s Intelligence Community is Broken

CIA Logo

In the current discourse surrounding the U.S. Intelligence Community (IC), a prevailing narrative has emerged, as highlighted in a recent Politico article, that mistakenly warns of a future Trump administration’s destruction of the IC as we know it. This perspective is biased and misguided. The real crisis in the Intelligence Community is not what Trump will do if reelected but how to resolve the total erosion of public trust in the IC due to the actions of the D.C. intelligence establishment over the past several decades.

The intelligence officials quoted by Politico, in decrying politicization, ironically contribute to it, exacerbating the broader loss of faith in our institutions. The Intelligence Community, a cornerstone of our national security, must operate insulated from politics — a necessity for its credibility and effectiveness in safeguarding national interests.

Read the full story

Commentary: In Prosecuting Trump, Democrats Have Exonerated Him

Trump Walking

Despite their best efforts, have Democrats begun an inexorable elevation of former President Donald Trump? For the better part of a decade, Democrats and the Left have thrown everything they could think of against the man they live to loathe. In the process, they have created a quasi-caricature that appears to be decreasingly believable to an increasing proportion of Americans. The question is whether these attacks have come full circle, accomplishing what Democrats most sought to avoid. Have they vilified Trump to victimhood and prosecuted him back into the presidency?

Since Trump burst on the political scene in 2016, Democrats and the Left have busted their guts laughing at him. When that didn’t work and he won, they burst all boundaries going after him. Their efforts have ranged from slights to a Russian dossier to two impeachments. Even after Trump left office, they refused to stop. Unquestionably, these efforts have had an effect — and equally unquestionably, Trump has given ample fodder to use against him: the result being that with Trump poised to win an unprecedented third successive major party presidential nomination (a feat last accomplished by Franklin D. Roosevelt 84 years ago), he has become a highly polarizing figure.

Read the full story

Former Maricopa Chief Deputy Jerry Sheridan Makes Bid for Sheriff, Vows to Restore Trust and Leadership to the Office

Jerry Sheridan

The Maricopa County Sheriff’s race has started heating up, due to former Arizona Department of Public Safety Director Frank Milstead entering the race, where he faces former Sheriff Joe Arpaio’s Chief Deputy Jerry Sheridan. Sheridan, who ran unsuccessfully in 2020 for the office, took a break from shooting in the desert with his grandson to be interviewed.

Sheridan grew up in a law enforcement family in Queens, where both his dad and two uncles served as officers with the New York Police Department. He intended to enter college immediately after finishing high school, but his family moved to Arizona, and he admired his father and uncle so much that it wasn’t difficult deciding to go directly into law enforcement instead. 

Read the full story

Former Arizona Department of Public Safety Director Frank Milstead Enters Race for Maricopa County Sheriff

Frank Milstead

The Republican primary for Maricopa County Sheriff just became a lot more interesting, with a second heavy-hitter entering the race, former Arizona Department of Public Safety (DPS) Director Frank Milstead. Jerry Sheridan, who served as chief deputy under former Sheriff Joe Arpaio, is already in the race, along with several lesser known candidates. Current Democratic Sheriff Paul Penzone is not running for reelection. 

Milstead told The Arizona Sun Times that the reason he is running is because as a police officer, he saw how bad the crime is in Maricopa County and felt he needed to do something about it. “I live by the rule that if I’m going to complain about something, I’d better step up and do something about it,” he said.

Read the full story

Merrick Garland Vows to Fight Against Voter ID Laws

Merrick Garland

Attorney General Merrick Garland recently declared his intentions to actively combat voter ID laws being enacted in various states, falsely claiming that such laws “disadvantage minorities.”

As reported by Breitbart, Garland appeared alongside Vice President Kamala Harris (D-Calif.) at an event in Selma, Alabama on Sunday. At the event, Garland described such efforts to protect election integrity as “discriminatory, burdensome, and unnecessary.”

Read the full story

Julie Kelly Commentary: In the Room at Friday’s Florida Hearing in Trump’s Classified Documents Case

FL Judge Aileen Cannon Infront of florida courthouse

I am digging into a few other matters related to this case, the contempt order issued Thursday against veteran investigative reporter Catherine Herridge, and a new appellate court ruling overturning the use of a sentencing enhancement for J6ers convicted of the controversial 1512(c)(2) charge so unfortunately I can’t write a full article on yesterday’s hearing that I attended in person in Fort Pierce. So I want to share my X posts about what happened.

A few additional observations: Judge Cannon’s approach and style is inimical from that of judges in D.C. For part of the proceedings, I kept thinking how DOJ’s J6 prosecution in Washington would be so different if only half the judges were as careful and prepared and nontheatrical as Cannon. I shared this with a J6 defense attorney last night and he agreed.

Read the full story

Commentary: Obama’s CIA Asked Foreign Intel Agencies to Spy on Trump Campaign

Obama CIA

The revelation that the U.S. intelligence community, under the Obama administration, sought the assistance of the “Five Eyes” intelligence alliance to surveil Donald Trump’s associates before the 2016 election is a chilling reminder of the lengths to which the Deep State will go to protect its interests and challenge its adversaries. (The Five Eyes countries are the United States, the United Kingdom, Canada, Australia, and New Zealand.) This bombshell, reported by a team of independent journalists, exposes a dark chapter in American political history, where foreign intelligence services were reportedly mobilized against a presidential candidate.

The alleged operation against Trump and his associates, which predates the official start of the FBI’s Crossfire Hurricane investigation, is a stark example of political weaponization of intelligence. The involvement of foreign allies in surveilling American citizens under the pretext of national security raises serious questions about the integrity of our democratic processes and the autonomy of our nation’s intelligence operations.

Read the full story

D.C. Court of Appeals Panel Gives Trump’s Former DOJ Official Jeffrey Clark a Unanimous Victory on Subpoena Violating His Fifth Amendment Rights

A panel of the D.C. Court of Appeals ruled unanimously on Monday that the D.C. Bar’s Office of Disciplinary Counsel (ODC) unconstitutionally subpoenaed documents from former President Donald Trump’s former DOJ official Jeffrey Clark in violation of his Fifth Amendment rights.

In addition to facing ODC disciplinary charges for his role in assisting Trump in handling the 2020 presidential election irregularities, Clark was indicted along with Trump and others in Georgia and is an unnamed co-conspirator in another case. The court issued its decision immediately after a hearing on Friday.

Read the full story

Biden Defends His Mental Fitness After DOJ Report Calls Him ‘Elderly Man with Poor Memory’

Biden Speaking

A visibly upset President Joe Biden addressed the nation late Thursday to respond to news that the special counsel tasked with investigating his handling of classified documents had chosen not to charge him, but also detailed numerous examples of his memory loss.

The blockbuster special counsel report, while clearing Biden, sparked questions about Biden’s mental fitness when it called him an “elderly man with a poor memory.” Biden is 81 years old.

Read the full story

Special Counsel Robert Hur Says Biden ‘Willfully’ Kept, Shared Classified Memos but Won’t Be Charged Because of His Poor Memory

Biden Hur

Special counsel Robert Hur concluded in a stinging report released Thursday that President Joe Biden willfully kept classified documents from his time as vice president, shared them with an author and knew he had them as far back as 2017, but he recommended against prosecution.

Hur said that part of the reason he declined to prosecute the president’s age and poor memory would create reasonable doubt for jurors.

Read the full story

Commentary: ‘Disturbing’ Collusion Between Biden White House and Trump Prosecutors

Before the appointment of Special Counsel Jack Smith in November 2022, Joe Biden’s Department of Justice was in the process of conducting two separate criminal investigations into Donald Trump: his attempts to “overturn” the 2020 election and his alleged mishandling of sensitive government files.

Smith took over both matters to demonstrate the DOJ’s “independence” from politics, the public was told, although he took with him prosecutors and investigators already assigned to the existing inquiries. His team continues to insist their work is devoid of any influence from or cooperation with the Biden regime. Joe Biden and Attorney General Merrick Garland say the same.

Read the full story

Biden DOJ Wants Former Trump Advisor Peter Navarro to Spend Six Months in Jail

Peter Navarro

The Department of Justice (DOJ) argued Thursday that Peter Navarro, previously a trade advisor to former President Donald Trump, should face six months in jail and pay $200,000 for failing to comply with a Jan. 6 select committee subpoena.

Prosecutors wrote in their sentencing memo Thursday that Navarro “exacerbated” the “assault” on the rule of law that occurred on Jan. 6 by flouting the subpoena, stating that his “bad-faith strategy of defiance and contempt deserves severe punishment.” Navarro was indicted on contempt of Congress charges in June 2022 after he declined to testify during his deposition and did not produce the documents requested by the select committee.

Read the full story

Uvalde School Shooting Response Had ‘No Urgency,’ Plagued with ‘Cascading Failures’: DOJ Report

The mass shooting that killed 19 students and two teachers at Robb Elementary in Uvalde, Texas, could have been stopped sooner if it were not for significant law enforcement failures, according to a scathing Justice Department report released Thursday.

Police had “cascading failures” in their response to the shooting on May 24, 2022, according to a nearly 600-page federal report, which slams first responders for a lack of leadership and demonstrating “no urgency” in creating a command post, among other things, per The Associated Press.

Read the full story

DOJ Attorney Playing Key Role in Jack Smith’s Prosecution of Trump Worked on Case That Put Pro-Life Activist in Jail

Molly Gaston

One of the prosecutors helping special counsel Jack Smith prosecute former President Donald Trump for alleged efforts to overturn the 2020 election also worked on a high-profile case against a pro-life activist.

Molly Gaston, a prosecutor who spent years in the District of Columbia U.S. Attorney’s Office and is now playing a key role on Smith’s team, worked on the early stages of the prosecution of pro-life activist Lauren Handy. Handy had been in jail since August when she, along with four co-defendants, were found guilty of violating the Freedom of Access To Clinic Entrances (FACE) Act for blocking access to a Washington, D.C., abortion clinic in 2020.

Read the full story

Commentary: As DOJ Threatens to Charge ‘Thousands’ over J6 Trespassing, Judges Signal Skepticism

In a brazen act of political theater worthy of an ethics investigation, U.S. Attorney for the District of Columbia Matthew Graves gave an hourlong rehash of the events of January 6 to a handful of reporters last week. Graves, a Biden 2020 campaign advisor who was appointed by Biden in November 2021, is overseeing the Department of Justice’s unprecedented and ongoing criminal investigation into the four-hour disturbance that has so far resulted in the arrest of more than 1,200 Americans.

Read the full story

DOJ Sues Texas to Prevent State from Arresting Migrants Who Enter Illegally

Illegal Immigrants

The Biden administration is suing Texas to prevent the state from arresting migrants who flout U.S. immigration law to enter the state illegally, the Department of Justice (DOJ) announced Wednesday.

The DOJ is making good on its threat to sue Texas over enforcing S.B. 4, a new law signed in December 2023 that would permit local and state authorities to arrest and prosecute individuals suspected of entering the U.S. illegally, according to the DOJ and NBC 5 Dallas-Fort Worth. Texas Illegal immigration has surged to record levels under the Biden administration, with Texas seeing a massive influx of migrants arriving at its border with Mexico.

Read the full story

Minnesota Mom Slams ‘Two-Tiered Justice System’ Ahead of Family’s January 6 Trial

Rosemarie Westbury

A Minnesota family is facing an uncertain future as their trial dates move closer in connection to the Jan. 6 U.S. Capitol breach.

On the latest episode of Liz Collin Reports, Rosemarie Westbury of Lindstrom, Minn., spoke out about the pre-dawn raids that rattled her family’s quiet community as her husband and three sons prepare for their Feb. 12 trial dates.

Read the full story

Florida Man Pleads Guilty for Threatening to Kill Chief Justice

Chief Justice John Roberts

A Florida man pleaded guilty Monday to threatening to kill a Supreme Court justice, according to the Department of Justice (DOJ).

Neal Brij Sidhwaney, 43, placed a call in July to the Supreme Court, leaving an “expletive-laden, threatening voicemail message” where he “repeatedly threatened to kill a specific Supreme Court Justice,” according to the DOJ. Sidhwaney revealed the justice he had threatened was Chief Justice John Roberts during a court-ordered psychological evaluation, Politico reported.

Read the full story

Commentary: Is SCOTUS Poised to Overturn Key J6 Felony Count?

An order published by the Supreme Court on December 13 represented a moment hundreds of January 6 defendants and their loved ones had been waiting for: the highest court granted a writ of certiorari petition in the case of Fischer v. USA.

In a nutshell, after more than two years of litigation before federal judges in Washington, SCOTUS will review the Department of Justice’s use of 1512(c)(2), obstruction of an official proceeding, in January 6 cases. A “splintered” 2-1 appellate court ruling issued in April just barely endorsed the DOJ’s unprecedented interpretation of the statute, passed in 2002 as part of the Sarbanes-Oxley Act in the aftermath of the Enron/Arthur Anderson accounting scandal.

Read the full story

Hunter Biden Charged in New Federal Indictment with Engaging in a Tax Evasion Scheme

Special Counsel David Weiss on Thursday secured a federal grand jury indictment charging Hunter Biden with multiple crimes alleging he engaged in a four-year scheme to evade paying federal taxes, adding serious new legal jeopardy for the first son on the eve of a presidential primary season where his father hopes to win four more years in the White House.

Read the full story

New House Report Asserts Special Treatment for Hunter Biden by DOJ and FBI

Hunter Biden courtroom

A trio of congressional committees on Tuesday released a new report asserting that Hunter Biden received special treatment from his father’s Justice Department. 

The 77-page interim report, released by the House’s Judiciary, Ways and Means, and Oversight and Accountability committees is the “third prong” of House Republicans’ impeachment inquiry into President Biden.

Read the full story