More Politics Inside The Department Of Justice

On Sunday, Zero Hedge reported that the Department of Justice has stated that it will not withdraw a controversial memo used to activate the FBI Counterterrorism Division to investigate parents voicing their opposition to a variety of topics – primarily mask and vaccine mandates, and teaching critical race theory. Very questionable people are streaming across our southern border, and the Department of Justice is worried about parents who oppose mask and vaccine mandates and critical race theory. That is not only unbelievable–it’s dangerous to the security of our nation.

The article reports:

This week, Sen. Chuck Grassley (R-IA) revealed the pre-Christmas response – stating:

“[I]n December we asked why the FBI’s Counterterrorism Division was getting involved in parents expressing their concerns at school board meetings. Now, just to be crystal clear, there’s no excuse for real threats or acts of violence at school board meetings, but if there are such threats, these should be handled at the local level and the Attorney General should withdraw his memo that started this whole thing.

“Well, a couple days before Christmas, the Justice Department responded to us with just a one-page letter.

“In that letter, DOJ had nothing to say about why the FBI’s Counterterrorism Division was involved in local school-board matters. DOJ just said, ‘We’re not going to withdraw the memo.’ So, the Feds may be keeping track of school board meetings—even if it creates a horrible chilling effect. And, of course the FBI looking over your shoulder would have a chilling effect. Next week the Judiciary Committee will hold a hearing on domestic terrorism. I hope we’re going to be focusing on the serious threats facing our country—and I hope no one thinks the focus is on our nation’s parents.”

The article also notes:

According to a public statement by Grassley regarding the one-page letter:

“The Department of Justice owes the American people a better answer than just a one-page letter that says nothing about why the FBI’s Counterterrorism Division is involved in local school-board matters. Now more than ever, parents should be their kids’ strongest and best advocates. They have the God-given right to do so. And the Justice Department ought to be doing everything it can to protect that right, not scare them out of exercising that right. Attorney General Garland should withdraw his memo. And he should take Congress’s oversight, and concern for the rights of parents, more seriously.”

Saturday night I watched the movie “The Lives of Others.” It is a foreign film with subtitles about life in East Germany under the Stasi, East Germany’s secret police. The movie was made in 2006. It is on Amazon Prime. If you haven’t yet seen it, I strongly recommend it–it gives a glance into what life is like when justice is political.

Getting Serious About False Allegations Against Nominees

Senator Chuck Grassley posted an article on his Senate web page that included a letter asking the Attorney General and the Director of the FBI about investigations into false charges made against Justice Kavanaugh.

Part of the letter states:

These criminal referrals were not made lightly.  In each of the aforementioned cases, the referred individual(s) made false allegations against then-Judge Kavanaugh.  These allegations were taken seriously and carefully investigated by Committee staff, resulting in the diversion of significant resources.
    1. The first referral, dated September 29, 2018, relates to a false allegation made by an individual who told the Committee that he had direct knowledge that Judge Kavanaugh assaulted a close friend on a boat in the harbor at Newport, Rhode Island in 1985. [1]  After the Committee extensively questioned Judge Kavanaugh about the allegation, the individual recanted and apologized on social media for making the false allegation.
    1. The second referral, dated October 25, 2018, relates to false allegations made by Mr. Michael Avenatti and his client, Ms. Julie Swetnick.[2]  In a September 23, 2018, email to Committee staff, Mr. Avenatti stated that he and Ms. Swetnick were aware of evidence that during the 1980s, Judge Kavanaugh participated in the “targeting of women with alcohol/drugs in order to allow a ‘train’ of men to subsequently gang rape them.”[3]  Committee staff interviewed Judge Kavanaugh and ten other individuals in connection with these allegations, which were outlined in graphic detail in a sworn statement to the Committee purportedly written and signed by Ms. Swetnick.  After a thorough investigation, the Committee found no verifiable evidence to support any of the allegations made in the declaration.  The Committee also found that both Mr. Avenatti and Ms. Swetnick had a long history of credibility issues and may have criminally conspired to mislead the Committee and obstruct its investigation.
    1. The third referral, dated October 26, 2018, relates to evidence that Mr. Avenatti falsified a sworn statement to the Committee in order to provide support for Ms. Swetnick’s unfounded allegations.[4]  The sworn statement by an unknown declarant claimed that Judge Kavanaugh had spiked the punch at house parties with Quaaludes and/or grain alcohol in order to make “girls more likely to engage in sexual acts and less likely to say ‘No.’”[5]  NBC News later reported on a series of contacts with the purported declarant, who stated that she had denied the key allegations in the declaration both before and after the statement was publicly released and that Mr. Avenatti had “twisted [her] words.”[6]
    1. The fourth referral, dated November 2, 2018, relates to allegations made by Ms. Judy Munro-Leighton.[7]  On October 3, 2018, Committee staff received an email from Ms. Munro-Leighton stating that she was the author of an unsigned letter containing highly graphic sexual-assault accusations against Judge Kavanaugh previously received by the office of Senator Kamala Harris.  Ms. Munro-Leighton included the text of the letter in her e-mail to the Committee, claiming that Judge Kavanaugh and a friend had raped her “several times each” in the back seat of a car.[8]  When Committee staff interviewed Ms. Munro-Leighton, she admitted that she falsely identified herself as the author of the letter and its allegations and had only claimed authorship “as a way to grab attention.”[9]  When asked by Committee investigators if she had ever met Judge Kavanaugh, she said:  “Oh Lord, no.”[10]

The letter continues:

As the Committee stressed in each of the referrals issued during and after the investigation into allegations against then-Judge Kavanaugh, investigations in support of the judicial nomination process are an essential part of the constitutional role in confirming judges.  As Committee members, we are grateful to citizens who come forward with relevant information in good faith, even if they are not entirely sure about the accuracy of that information.  But, when individuals intentionally mislead the Committee, they divert important Committee resources during time-sensitive investigations and materially impede its work. Such acts are not only unfair; they are potentially illegal.  It is illegal to make materially false, fictitious, or fraudulent statements to Congressional investigators.  It is illegal to obstruct Committee investigations.
It is important to protect the constitutional process from being hijacked by bad actors involved in insidious partisan operations.  The Committee can bring bad actors to the attention of law enforcement and the American people by being as transparent as possible about its investigative findings.  However, it is up to the FBI and the Justice Department to hold those who mislead Congress accountable for the criminal aspects of their behavior.  The DOJ has not shied away from selectively filing charges against individuals for alleged violations of 18 U.S.C. §§ 1001 in the past.  Martha Stewart, former Illinois governor Rod Blagojevich, and ex-Presidential aide Scooter Libby are just a few individuals who have been charged with lying to federal investigators.[11]  Lying to Congress is and should be treated as an equally serious offense.
The next Supreme Court nominee should not have to defend himself or herself against baseless and fabricated allegations, and Committee staff should not have to spend valuable time investigating them.
Accordingly, please respond to the following no later than October 21, 2019:
    1. For each criminal referral made by the Committee to the FBI, did the FBI open a criminal investigation?  If so, which investigation(s) resulted in a referral to the Justice Department for prosecution?  If not, why not?
    1. For each case that was referred to the Justice Department for prosecution, which cases were rejected and which were accepted for prosecution? 

It will be interesting to see if there is any response to this letter.