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Posts tagged ‘Capitol incursion’

Liberal Supreme Court Justice Blocks Jan. 6 Committee


 By Jack Davis  October 27, 2022

Read more at https://www.westernjournal.com/liberal-supreme-court-justice-blocks-jan-6-committee/

Efforts by the House committee investigating the Jan. 6, 2021, Capitol incursion to examine phone records of the Arizona Republican Party chairwoman have been stymied by a member of the U.S. Supreme Court’s liberal wing.

Justice Elena Kagan on Wednesday temporarily blocked the panel from accessing the phone records of Dr. Kelli Ward and her husband, Mark Ward, according to The Hill.

Kagan’s order was terse, saying, “Upon consideration of the application of counsel for the applicants, it is ordered that the October 22, 2022 order of the United States Court of Appeals for the Ninth Circuit, case No. 22-16473, is hereby stayed pending further order of the undersigned or of the Court.

“Likewise, respondent T-Mobile USA, Inc. is temporarily enjoined from releasing the records requested by the House Select Committee pending further order of the undersigned or of the Court.

“It is further ordered that a response to the application be filed on or before Friday, October 28, 2022, by 5 p.m. (EDT).”

Kagan was involved because she is the justice assigned to handle emergency requests from Arizona.

The Wards had sued to block access to their phone records. After losing their case at the district court level, they appealed, but the U.S. Court of Appeals for the 9th Circuit voted 2-1 to deny their bid to protect their records, according to CNN.

That prompted the emergency appeal to Kagan. “This is an unprecedented case with profound precedential implications for future congressional investigations and political associational rights under the First Amendment,” the Wards said in the appeal.

“In a first-of-its-kind situation, a select committee of the United States Congress, dominated by one political party, has subpoenaed the personal telephone and text message records of a state chair of the rival political party relating to one of the most contentious political events in American history—the 2020 election and the Capitol riot of January 6, 2021.”

The appeal painted the case as potentially setting a dire precedent.

“If Dr. Ward’s telephone and text message records are disclosed, congressional investigators are going to contact every person who communicated with her during and immediately after the tumult of the 2020 election. That is not speculation, it is a certainty. There is no other reason for the Committee to seek this information,” the Wards’ filing said.

“There can be no greater chill on public participation in partisan politics than a call, visit, or subpoena, from federal investigators,” they wrote.

The appellate panel ruled against the Wards, saying the federal subpoena “is substantially related to the important government interest in investigating the causes of the January 6 attack and protecting future elections from similar threats.”

“The investigation, after all, is not about Ward’s politics; it is about her involvement in the events leading up to the January 6 attack, and it seeks to uncover those with whom she communicated in connection with those events,” Judges Barry Silverman and Eric Miller wrote in the majority opinion. “That some of the people with whom Ward communicated may be members of a political party does not establish that the subpoena is likely to reveal ‘sensitive information about [the party’s] members and supporters.’”

The two judges who formed the majority castigated the activities of the Wards, who were electors pledged to former President Donald Trump.

“Ward participated in a scheme to send spurious electoral votes to Congress, a scheme that the committee describes as ‘a key part’ of the ‘effort to overturn the election’ that culminated on Jan. 6,” the opinion said.

In her dissent, Judge Sandra Ikuta said the Wards have valid constitutional rights that were insufficiently considered.

“The communications at issue here between members of a political party about an election implicate a core associational right protected by the First Amendment,” Ikuta wrote.

“Regardless of Ward’s position regarding the 2020 election, her right to engage in discussions with her political associates remains entitled to First Amendment protection against the government’s compelled disclosure of her political affiliations,” the judge said. “We must be vigilant to protect First Amendment rights — even when raised by an individual alleged to have engaged in a nefarious ‘scheme.’”

Jack Davis

Contributor

Jack Davis is a freelance writer who joined The Western Journal in July 2015 and chronicled the campaign that saw President Donald Trump elected. Since then, he has written extensively for The Western Journal on the Trump administration as well as foreign policy and military issues.

New Video: Ashli Babbitt Tries to Stop Violent Capitol Agitator Seconds Before Being Fatally Shot


Reported By Jared Harris | January 26, 2022

Read more at https://www.westernjournal.com/new-video-ashli-babbitt-tries-stop-violent-capitol-agitator-seconds-fatally-shot/

A newly released video appears to show Ashli Babbitt attempting to stop a violent rioter inside the U.S. Capitol during the Jan. 6, 2021, incursion. Moments after the scene was filmed, Babbitt would be fatally shot by Capitol Police Lt. Michael Byrd.

Despite several instances of violence, including the one where Babbitt intervened, the young Air Force veteran was the only person shot during the riot. But newly released footage puts an even bigger question mark on the shooting, the investigation of which appears to have lost many of the facts while being fast-tracked.

Independent journalist Tayler Hanson released the 25-second video clip on Tuesday. In the footage, a man identified as Zachary Alam punched through a window in the Capitol as nearby police did nothing to stop him. Babbitt appeared to grab Alam’s backpack, causing him to turn and look at the 35-year-old veteran right before she delivered a punch to the middle of his face. As the impact sent his glasses falling, the camera shifted away from the encounter. According to Hansen, this was only seven seconds before Babbitt was fatally shot by Byrd while seemingly attempting to scale a hastily assembled police barricade. Footage of the encounter that preceded the shooting can be seen below.

WARNING: The following video contains graphic language that some viewers will find offensive.

The Department of Justice arrested Alam on Jan. 30, 2021. A case document from the DOJ shows a mountain of charges against him, including several related to alleged assaults on police. While Alam is presumed innocent until proved guilty, video of the encounter likely will not do him any favors in court.

While Babbitt has been vilified by liberals and mainstream media hit pieces, this bombshell video appears to prove that the young veteran was not there to cause violence and chaos and instead actively attempted to stop the destruction. She did not back down when the crowd grew more amped but instead appeared to be in disbelief that police were failing to intervene.

“I believe she saw their inaction as odd or off, and was ultimately confused as to what was happening,” husband Aaron Babbitt told The Epoch Times.

“She was a take-charge kind of person,” Babbitt continued. “Her frustrations show that the cops who should’ve been taking charge — weren’t.”

Although Democrats and the Capitol Police appear to consider this case closed, emerging evidence shows the public has not been given a clear and complete picture of this year-old killing.

Jared Harris, Assignment Editor

Jared has written more than 200 articles and assigned hundreds more since he joined The Western Journal in February 2017. He was an infantryman in the Arkansas and Georgia National Guard and is a husband, dad and aspiring farmer.

Secret Police Docs Reveal There Was ‘No Good Reason’ to Shoot Ashli Babbitt: Judicial Watch Report


Posted By Michael Austin  October 14, 2021

Read more at https://www.westernjournal.com/secret-police-docs-reveal-no-good-reason-shoot-ashli-babbitt-judicial-watch-report/

A new report seems to confirm what we all already knew about the Ashli Babbitt case: She was shot unjustifiably. For those who may not remember, Babbitt was shot and killed by a Capitol Police officer while trying to open a door that led to the House chamber during the Jan. 6 incursion.

Judicial Watch reported on Wednesday that it had obtained 532 pages of documents from the Washington, D.C., Metropolitan Police, all regarding Babbitt’s death. Witness testimonies indicated Babbitt was not holding a weapon at the time of the shooting and that the officer involved, Michael Byrd, looked “upset” after shooting her.

A Capitol Police sergeant testified that he didn’t know why Byrd shot Babbitt.

“I saw Lt. Byrd kind of. I don’t know if it was before or after,” the sergeant said. “I don’t know if something happened to him [that] caused him to take the shot or not.”

“These previously secret records show there was no good reason to shoot and kill Ashli Babbitt,” Judicial Watch president Tom Fitton said.

“The Biden-Garland Justice Department and the Pelosi Congress have much to answer for … over the mishandling and cover-up of this scandalous killing of an American citizen by the U.S. Capitol Police.”

Byrd has been treated as a hero by some establishment media outlets.

“She was posing a threat to the United States House of Representatives,” he said in an August interview with NBC News.

“I know that day I saved countless lives. … I know members of Congress, as well as my fellow officers and staff, were in jeopardy and in serious danger. And that’s my job.”

The Capitol Police concluded an internal investigation seven months after the shooting, declaring Byrd’s actions “lawful and within Department policy,” according to Fox News.

After a full year of the establishment media and the Black Lives Matter crowd preaching ad nauseam about police misconduct and abuse of power, it was strange to see them fall completely silent regarding Ashli Babbitt’s death. Or maybe it wasn’t so strange.

After all, Babbitt was a white woman, which means her unjustified killing doesn’t play well into their race-baiting narrative.

In July, The Western Journal conducted an interview with Michelle Witthoeft, Babbitt’s mother. Witthoeft blasted Speaker of the House Nancy Pelosi for failing to investigate the circumstances of her daughter’s death.

“Nancy Pelosi … I feel like, orchestrated the death of my daughter,” Witthoeft told The Western Journal.

“I’ve reached out to Nancy Pelosi’s office several times, and she has yet to call me back because she’s too busy playing in her clubhouse with all of her elite people.”

She went on to remind Pelosi that she should be serving the people.

“You know, it’s the people’s house. It’s not your house, Nancy. It’s the people’s house. That’s my message to Nancy Pelosi,” Witthoeft said.

“The Capitol Police should be held accountable like every other police department in the country.”

It’s well past time that Witthoeft and Babbitt’s other family members were afforded the justice they deserve for the death of their loved one.

Now we all know the truth. Hopefully, justice comes soon.

Michael Austin

Michael Austin joined The Western Journal as a staff reporter in 2020. Since then, he has authored hundreds of stories, including several original reports. He also co-hosts the outlet’s video podcast, “WJ Live.”

@mikeswriting

Capitol Police Arrest Democratic Congresswoman for Storming Federal Building


Reported by Jack Davis | July 16, 2021

Read more at https://www.westernjournal.com/capitol-police-arrest-democratic-congresswoman-storming-federal-building/

The chairwoman of the Congressional Black Caucus celebrated her arrest Thursday after leading an incursion of protesters into the Hart Senate Office Building on Capitol Hill. Democratic Rep. Joyce Beatty of Ohio said that breaking the law was an important way to illustrate her belief that voting reforms passed by state legislatures will disenfranchise black voters.

“I stand in solidarity with Black women and allies across the country in defense of our constitutional right to vote. We have come too far and fought too hard to see everything systematically dismantled and restricted by those who wish to silence us,” Beatty said in a statement on her website.

She said more protests will follow.

“Be assured that this is just the beginning. This is Our Power, Our Message,” the congresswoman in the statement.

“You can arrest me. You can’t stop me. You can’t silence me,” Beatty said on Twitter.

NBC News reported that the protesters who joined Beatty in the incursion demanded passage of the so-called For the People Act, a Democrat bill that would largely put elections under the thumb of the federal government instead of the states.

Capitol Police said the demonstrators were arrested after refusing to disperse.

“This afternoon, nine people were arrested for demonstrating in a prohibited area on Capitol Grounds,” the department said in a statement on Thursday.

“At approximately 3:30pm, the United States Capitol Police responded to the Atrium in the Hart Senate Office Building for reports of illegal demonstration activity. After officers arrived on the scene, they warned the demonstrators three times to stop. Those who refused were arrested for D.C. Code §22-1307. Two males and seven females were transported to USCP Headquarters for processing,” Capitol Police said.

Unlike the coverage of the Jan. 6 incursion of the U.S. Capitol by supporters of then-President Donald Trump, there was no hue-and-cry in the media about Beatty and the other protesters staging an “insurrection” or “threatening our democracy.”

Many Republicans have said the fight over election reform legislation is an attempt by Democrats to use their current congressional majority as a means to cement leftist rule in America.

“Democrats want to rig every election going forward to make it nearly impossible for a conservative to win again,” Fox News host Laura Ingraham said Wednesday.

“They’re now effectively arguing that the very voting rules that delivered two two-term victories for Bill Clinton and Barack Obama are essentially just like Jim Crow 2.0,” she said.

“So this leaves them really with only one option in their mind, which is to promote racial fear-mongering in pretty much everything around them. We already know what they’re doing in our schools, to our workplaces, the military, even to now our system of voting,” Ingraham said.

Fox News host Sean Hannity said the left’s fuss over voting rights is part of a strategy to sway the 2022 elections.

“So what does this really all about? We all know there’s nothing racist about integrity in elections. Democrats are obviously worried. Chances are they now believe they probably will lose in 2022 and maybe even 2024,” he said Thursday on “Hannity.”

“Mark my words, if Democrats suffer huge losses in 2022, they will blame racist right-wing voter suppression. … The truth isn’t important to the Democratic Party or the media mob, for that matter. Power is all that matters,” Hannity said.

Jack Davis, Contributor,

Jack Davis is a freelance writer who joined The Western Journal in July 2015 and chronicled the campaign that saw President Donald Trump elected. Since then, he has written extensively for The Western Journal on the Trump administration as well as foreign policy and military issues.

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