A federal Justice Department attorney expressed concerns to a Michigan judge about conservative media coverage suggesting that President Joe Biden’s administration is persecuting Christians and pro-lifers for their beliefs.
The discussion took place during a March pre-trial conference in USA v. Zastrow, in which the federal government brought Freedom of Access to Clinic Entrances (FACE) Act charges against eight pro-life individuals who tried to stop abortions of unborn babies from taking place at Michigan abortion clinics.
Those pro-life activists are Calvin Zastrow, Eva Zastrow, Chester Gallagher, Heather Idoni, Caroline Davis, Joel Curry, Justin Phillips, and Eva Edl (a communist death camp survivor who recently spoke with The Daily Signal).
The FACE Act is a 1994 law that prohibits individuals from obstructing the entrances of both abortion clinics and pregnancy resource centers, although it has been heavily enforced by Biden’s DOJ against pro-lifers since the June 2022 overturning of Roe v. Wade.
During the pre-trial motion hearing, according to a transcript obtained by The Daily Signal, DOJ attorney Laura-Kate Bernstein raised concerns that “there’s a great deal of press about this case and the case in Nashville recently.” Bernstein was referring to a case in Tennessee where six pro-lifers were praying outside of an abortion clinic in 2021 and were charged with FACE Act violations.
Bernstein did not immediately respond to a request for comment.
“Where?” questioned Judge Matthew Leitman. “I haven’t seen any.”
Bernstein explained that she was referring to online media “like Mike Huckabee’s show or Laura Ingraham’s show, and those sorts of sources, and some written sources, too, in which at least one of the defense attorneys is making very acerbic statements about the government’s case and the legitimacy of the laws at stake, and that the Biden regime is persecuting Christians.”
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“My concern is one of the jury pool,” she continued. “My concern is that as these national media reach more and more people, including people in the district, that they may be tainted with a preconceived notion of the Biden regime’s persecution of Christians and be unable to try the case as neutral jurors.”
The DOJ attorney said that she was not asking the court to do “something in particular,” but then told the judge that it is the court’s “affirmative, constitutional duty to minimize the effects of prejudicial pretrial publicity.”
Leitman, after asking for clarification on her question, noted that he could ask the jurors whether they had read anything about the case. But he said that Bernstein’s question seemed to be rooted in “important political speech.”
“It seems to me that your first statement, the Biden administration is persecuting Christians … that’s pretty core, important political speech, whether you agree with it or not,” the judge said. “I mean, I’d be hard pressed to tell somebody not to say that.”
The DOJ attorney then pushed back, saying she was referring to interviews in which the pro-lifer’s attorney said that “this case is a war on pro-lifers, that the Department of Justices is using the FACE Act as a weapon against pro-lifers,” or that “the clients are victims of political persecution.”
She also pushed back against the idea that “there’s a two-tier justice system, one for friends of the administration who go free and one for people who are on the wrong spiritual side of the administration.”
“There’s also extremely inflammatory language undermining the legitimacy of the laws to be implied in this case, that you’ve already ruled on—the constitutionality of it—whether reproductive health care includes abortion, as the statue defines it,” she continued. “And because the court has this affirmative, constitutional duty, we wanted to bring it to your attention.”
Bernstein then asked the judge to admonish Thomas More Society attorney Steve Crampton “about speaking about this case in inflammatory and acerbic ways that might taint the jury pool.”
“This isn’t about trying to, you know, interfere with any of his First Amendment rights,” she followed up, noting that Crampton is “of course” free to speak about his clients. “It’s about trying to protect the due process rights in this trial and the government’s right and the public’s right to a fair trial.”
Crampton clarified to the court that Bernstein was referring to Tennessee pro-life activist Paul Vaughn’s interview on the “Mike Huckabee Show,” in which Vaughn made such comments “only after the jury verdict” was entered in his case.
In January, a federal jury convicted Vaughn and five other defendants of a felony conspiracy against rights and a FACE Act offense for trying to stop abortions from taking place at a Mount Juliet, Tennessee, abortion clinic in March 2021.
“Any reference to United States against Zastrow and this case were, at best, minimal to nonexistent,” the Thomas More Society attorney said. “So I think the government, perhaps, is overreacting to the press coverage of the Nashville case. Nobody’s called any press conference regarding this case, and we certainly have no intention of doing so.”
This week, seven pro-life defendants have been sentenced to prison time on DOJ FACE Act charges related to their attempts to stop abortions from taking place at a Washington, D.C., abortion clinic. That abortion clinic is run by Cesare Santangelo, an abortionist who has been accused of allowing babies to die if they survive his botched abortions.
The District of Columbia does not have laws restricting abortion.
The DOJ said in a release Wednesday: “Lauren Handy was sentenced to 57 months in prison, John Hinshaw was sentenced to 21 months in prison, and William Goodman was sentenced to 27 months in prison,” adding that “Jonathan Darnel was sentenced to 34 months in prison, Herb Geraghty was sentenced to 27 months in prison, Jean Marshall was sentenced to 24 months in prison, and Joan Bell was sentenced to 27 months in prison.”
Those efforts are led by Assistant Attorney General Kristen Clarke, the head of the DOJ’s Civil Rights Division, who just admitted, following a report from The Daily Signal, that she hid an arrest and its subsequent expungement from investigators when she was confirmed by the Senate to her Justice Department post.
“Violence has no place in our national discourse on reproductive health. Using force, threatening to use force, or physically obstructing access to reproductive health care is unlawful,” said Clarke in a statement accompanying this week’s DOJ release.
“As we mark the 30th anniversary of the FACE Act, it’s important that we not lose sight of the history of violence against reproductive health care providers, including the murder of Dr. David Gunn in Florida—tragic and horrific events that led to passage of the law,” she added. “The Justice Department will continue to protect both patients seeking reproductive health services and providers of those services. We will hold accountable those who seek to interfere with access to reproductive health services in our country.”
The post EXCLUSIVE: DOJ Attorney Expressed Concerns About Conservative Media Coverage of Biden Admin Persecuting Christians, Pro-Lifers appeared first on The Daily Signal.
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The Department of Justice under President Joe Biden failed to comply with federal protections when suspending whistleblowers’ security clearances, according to a memo released Tuesday by the Office of the Inspector General.
The inspector general found that the Justice Department doesn’t give employees a way to appeal suspended security clearances, which does not align with a federal regulation updated in 2022, according to its memo. Additionally, the inspector general found that the DOJ under Biden failed to provide employees a reasonable opportunity to stay on the federal payroll if they think the department suspended their clearance to retaliate against them for protected whistleblower activity.
“Existing DOJ practice is inconsistent with the intent of the federal statute,” the inspector general’s office announced in a news release.
House Republicans accused the FBI in a May 18, 2023, report of retaliating against FBI special agent Stephen Friend, FBI special agent Garret O’Boyle, and FBI staff operations specialist Marcus Allen for speaking out against the agency. O’Boyle said being placed on unpaid suspension by the FBI left his family effectively homeless.
The Office of Inspector General said it unearthed these concerns after receiving complaints from “employees alleging that their security clearances were suspended in retaliation for protected whistleblowing activity.”
Empower Oversight President Tristan Leavitt, who represents Allen through his organization, stated on social media that the memo was prompted in part by Allen’s complaint.
Though the DOJ provides employees with an appeals channel if their security clearance is revoked, no such path exists for employees whose clearance is suspended pending a final decision on whether or not to revoke it, according to the Office of Inspector General. The inspector general identifies this as a problem because the law requires the DOJ to provide a path for whistleblowers to challenge suspensions lasting longer than a year as retaliatory.
Since the DOJ lacks a way for employees who suspect retaliation to contest suspensions if they go on for longer than a year, the agency “does not meet the requirements” required by law, according to the inspector general’s memo.
Losing security clearance often means DOJ employees can no longer do their jobs, seeing as jobs in the department can require that employees have clearance in order to perform their duties, according to the memo. This means, in addition to having their clearance suspended, these employees are often suspended from their jobs without pay.
Federal law mandates that individuals who believe the DOJ suspended their security clearance in retaliation for whistleblowing must be permitted, as far as it is practical, “to retain their government employment status” during the course of the suspension, according to the inspector general.
The Office of Inspector General also found that the DOJ’s existing policies create “the risk that the security process could be misused, as part of an inappropriate effort to encourage an employee to resign.”
The DOJ did not immediately respond to the Daily Caller News Foundation’s request for comment.
Originally published by the Daily Caller News Foundation
The post Inspector General: Biden DOJ Broke Law on FBI Whistleblower Protection appeared first on The Daily Signal.
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FIRST ON THE DAILY SIGNAL—The Justice Department’s Kristen Clarke allegedly reached out to her ex-husband Reginald Avery in May 2021, he told The Daily Signal, asking him for a statement saying that she was not a domestic abuser during a confirmation process where she did not disclose her past arrest.
The revelation is significant given that Clarke, at that time, had been nominated for a high-ranking position in the Department of Justice but chose not to disclose her 2006 arrest during a domestic violence incident. She now serves as the assistant attorney general for the DOJ’s Civil Rights Division.
The Daily Signal first revealed the existence of that arrest, and its subsequent expungement, in an April 30 report that has prompted calls for her resignation from figures including Sen. Mike Lee, R-Utah.
“Kristen Clarke is in charge of enforcing civil rights laws,” said Lee on April 30. “She enforces those laws aggressively against anyone who sneezes near an abortion clinic. And not at all against those who vandalize churches. She lied under oath during her confirmation proceedings, and should resign.”
New allegations indicate that Clarke sought her ex-husband’s help handling the potential publicization of her arrest just days before she was officially confirmed.
In May 2021, as some evidence emerged that Clarke might have an arrest in her background, Avery says that Clarke called him with her publicist on the line. According to Avery, Clarke asked him to provide her with a statement that clarified she was not a domestic abuser.
At this point, Clarke’s April 14, 2021, confirmation hearing with the Senate Judiciary Committee had already taken place. She had already submitted her “responses for the record” to senators.
That includes her answer to Republican Arkansas Sen. Tom Cotton’s question: “Since becoming a legal adult, have you ever been arrested for or accused of committing a violent crime against any person?”
“No,” Clarke responded.
Avery says that at Clarke’s request, he sent an email on May 19, 2021, to his ex-wife’s publicist, Clothilde Ewing. The email, which he shared with The Daily Signal, read: “Kristen Clarke was not an abuser in our relationship.”
Clarke did not end up publicly using the statement from Avery, which related to a 2006 incident wherein Avery says she was arrested after she allegedly stabbed him with a knife. Earlier this month, following the publication of The Daily Signal’s report, Clarke accused Avery of being a domestic abuser but confirmed that she had not disclosed the arrest.
Avery told The Daily Signal that Clarke and Ewing (who did not respond to requests for comment) wanted him to say that Clarke was not “the” abuser in their relationship. He chose to say “an” rather than “the” to avoid giving the impression that he himself was an abuser, he shared.
Since Clarke and Avery share a son (who is now 19), Avery said he was eager to put the matter to to rest. He said his understanding at the time was that Clarke was facing underhanded attacks from conservatives and that his statement would “bring closure to the whole thing.” He does not have a record of the 2021 phone call.
“I thought it was harmless,” he explained of the email. “Looking back, it was a huge mistake, but I didn’t foresee any of this coming. So it was probably stupid on my part. But the bottom line is, they did approach me.”
The same day that Avery sent this email to Ewing, the American Accountability Foundation (AAF)’s Tom Jones published a report on AAF’s findings that the FBI failed to properly vet Clarke when it did not interview Avery.
AAF had distributed that report to its lists around 11:30 a.m. on May 19, 2021. Avery could not recall the exact day on which Clarke called him, but his email to Ewing was sent at 11:50 a.m. on May 19, 2021.
Jones previously told The Daily Signal that he began digging into Clarke’s background during her confirmation process and spoke to Avery around the same time. In early May 2021 text messages, Avery told Jones that Clarke attacked him with a knife, slicing his finger to the bone, during a domestic dispute in July 2006.
“The accusations against Kristen Clarke of lying to Congress and domestic violence are deeply troubling,” Jones told The Daily Signal last week. “Clearly she does not possess the character or integrity to be in any position of power. She must resign now.”
Clarke was confirmed to the DOJ, to lead the Civil Rights Division, on May 25, 2021.
The revelation comes after The Daily Signal published a report April 30 highlighting evidence that Clarke had not disclosed a 2006 arrest and subsequent expungement during her 2021 confirmation to the DOJ—and then explicitly denied ever having been arrested to Cotton in an interview April 21, 2021.
Clarke has not responded to requests for comment from The Daily Signal, though the DOJ acknowledged receipt of these requests. She did speak to CNN earlier this month, however, confirming that she did not disclose the arrest and expungement and alleging that Avery domestically abused her.
He denied that he had abused his ex-wife in a statement to The Daily Signal, though he did say that Clarke got a restraining order against him shortly before he moved out of their shared home as they were getting divorced (court records show that Avery and Clarke finalized their contentious divorce in 2009).
Clarke got the order “after an argument,” Avery told The Daily Signal. “It was temporary but I just moved out anyway. She lied in court then too. Bunch of nonsense … but I just got my own place. I was so over it.”
That restraining order was the subject of an inquiry from The Washington Post to AAF’s Jones: On May 19, 2021, The Washington Post’s Jennifer Rubin reached out to Jones asking about his “allegation regarding Kristen Clarke’s role in domestic abuse.”
Rubin’s press inquiry to Jones included a query about Avery (who says that Rubin never actually reached out to him).
“Do you have any comment on court documents showing she successfully obtained a restraining order against Reginald Avery?” Rubin asked Jones, who replied with a statement “unequivocally” condemning domestic violence and calling for a proper investigation into Clarke’s background.
Rubin did not respond to inquiries from The Daily Signal as to why she ultimately did not write her story.
Ewing, who Avery said is Clarke’s publicist, is a children’s author who previously worked for “The Oprah Winfrey Show,” for former Chicago Mayor Rahm Emanuel, and for former President Barack Obama’s reelection campaign. Ewing also has not responded to requests for comment from The Daily Signal.
The Daily Signal’s reporting on Clarke prompted calls for her to resign from Lee, the New York Post Editorial Board, and more. In early May, a group of conservative leaders called on Clarke to resign from her leadership position in a letter sent to the high-ranking DOJ official.
“The American people have lost trust in your ability to lead the Civil Rights Division,” reads a letter to Clarke, signed by Advancing American Freedom Executive Director Paul Teller, American Accountability Foundation’ Jones, Students for Life President Kristan Hawkins, and CatholicVote President Brian Burch. “We request that you resign immediately.”
That letter repeatedly references The Daily Signal’s reporting and attaches a copy of the original report itself. It also points to Clarke’s enforcement of the Freedom of Access to Clinic Entrances Act against pro-life activists.
“The American people deserve a Civil Rights Division at the U.S. Department of Justice led with honesty and integrity,” the letter says. “Since taking over the Civil Rights Division, you have weaponized the Department of Justice by wielding the FACE Act against pro-life Americans in an unprecedented manner—even while standing idly by as churches and pro-life pregnancy centers are vandalized, and Jewish students are unable to attend class on college campuses.”
The DOJ did not respond to requests for comment for this story.
When Jones reached out to Avery as part of his 2021 investigation into Clarke’s background and police records, the two men discussed the July 4, 2006, incident over text messages.
“I was seeing another woman,” Avery shared in the May 2021 text message exchange. “She was angry. Attacked me with a knife. I instinctively grabbed it. As I said earlier, I’m not blameless.”
“That’s the story,” Avery insisted. “That’s what happened. She went to jail.”
Prince George’s County Police Department records show that the department was called on nine different occasions by someone at Avery’s and Clarke’s Upper Marlboro, Maryland, household between May 2003 and December 2007.
Seven of those calls were for a “threat” or some type of domestic violence, but most were cleared without a report. The July 4, 2006, call was made by “Mr. Reginald” (Avery’s first name) and accompanied by a 760 code, according to a mainframe print-out from Prince George’s County computer-aided dispatch system obtained by The Daily Signal.
That 760 code is the department’s clearance code for “arrest,” the Prince George County Police Department confirmed. That call was not cleared for four hours. Avery says it was Clarke who was arrested. Clarke has not addressed the specific incident.
The DOJ official’s ex-husband also shared with Jones that on the night of the incident, he called 911 due to his injury and the “cops came because [his] finger was cut off.” (Avery clarified to The Daily Signal that the finger was sliced to the bone, not cut off.) Police allegedly decided to arrest Clarke, and Avery said he went to the emergency room in Bowie, Maryland, for the injury.
Jones and Avery speculated via 2021 text messages about why Clarke would hide the arrest.
“I assume she just thinks she won’t get caught,” Jones queried, to which Avery responded at the time, “Yes, the arrogance has always been there. But I don’t understand lying on a federal application.”
The post EXCLUSIVE: DOJ’s Kristen Clarke Asked Ex-Husband to Say She Wasn’t an Abuser During Confirmation Process, Ex Alleges appeared first on The Daily Signal.
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